Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, NOVEMBER 14, 2002 No. 147—Part II Senate HOMELAND SECURITY ACT OF in this bill that had not seen the light so compliant. Hear me, those in the 2002—Continued of day until yesterday. fourth estate. You stay tuned. I will Mr. BYRD [continuing]. We have The press has been kept in the dark. point out part of this bill in a few min- done the same thing right here. This The press is going to realize all too late utes. But if you haven’t read it as yet, was concocted in secrecy in the dark- what has happened to the people’s it is going to turn your stomach be- ness of the night. It didn’t see the light right to know that we were going to cause you believe in the people’s right of day until yesterday—484 pages. We pass right here in this bill. I am going to know. I hope it will keep a watchful are expected to pass this. We are ex- to address those provisions briefly in a eye. I am talking about the media. I pected to invoke cloture on it tomor- few minutes. I hope the press will stay hope the media will keep a watchful row and pass it and tell the American tuned because I want to point out to eye on this new agency. Unfortunately, people they are safer after the passage the press what is about to happen to provisions contained in this bill will of that monstrosity. the people’s right to know. make it harder for the fourth estate— No doubt there are some good things I have often had my differences with harder for you in the press—and harder about that bill. There are some good reporters, but I am a firm believer in for the people to do so. things in it. Some of the provisions in the freedom of the press and in the re- I still find it difficult to believe that this 484-page bill have come out of Sen- sponsibilities of the fourth estate. If the American war on terrorism hinges ator LIEBERMAN’s committee’s delib- the Congress is going to so willingly on the building of a new, huge bureauc- erations, and it passed. Some of these blindfold itself to the inner workings of racy. Our plan to eradicate a vicious, have been discussed before, but not all this administration and this new bu- cunning nest of vipers is to reorganize of them. There are a lot of provisions reaucracy, I hope the press will not be the Government.

NOTICE If the 107th Congress, 2d Session, adjourns sine die on or before November 22, 2002, a final issue of the Congres- sional Record for the 107th Congress, 2d Session, will be published on Monday, December 16, 2002, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 13. The final issue will be dated Monday, December 16, 2002, and will be delivered on Tuesday, December 17, 2002. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. MARK DAYTON, Chairman.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate 0ct 31 2002 06:12 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\G14NO6.136 S14PT2 S11034 CONGRESSIONAL RECORD — SENATE November 14, 2002 I have read much about Senator American people is a powerful, stimu- bill. So Senators are being urged not to BYRD and whether or not he would fili- lating slogan—a dramatic slogan such call up their amendments. And in buster this bill. If I thought for a mo- as the kind of slogan that we politi- many instances, they are choosing not ment I could kill this bill here tonight cians slap on bumper stickers, one that to call up their amendments. by filibustering it, I would do it. But would serve to inspire and unite our Is the Senate afraid of its own shad- there are a lot of Senators here who soldiers and our citizens. ow? Are we afraid to think, to debate, wouldn’t know a filibuster—a lot of Maybe we could draw from history to to ask questions, to stand for some- people who wouldn’t know a fili- see how our new lust for a huge bu- thing? Are we afraid to stand for some- buster—if they met one on the way reaucracy would fair. thing? Are we afraid to stand against a home. There are a lot of people who I can picture Nathan Hale saying: I President of the United States? Is the wouldn’t know it if they met it in the regret that I have but one bureaucracy Senate afraid to stand up against an middle of the road. to lose. I regret that I have but one life administration, a political administra- I intend to stand on my feet and try to give for my bureaucracy. tion? Is the Senate afraid? Are Sen- to expose some of the things in this bill I can hear Captain John Paul Jones ators afraid to stand up against the that are not going to be good for the on September—I believe it was Sep- President, to be the loyal opposition at American people and which will not tember 23, 1779—shouting: I have not this time of great distress? contribute to their safety. yet begun to fight for my bureaucracy. It is a dangerous thing when a Presi- Our plan to eradicate a vicious, cun- I can think of Commodore Oliver dent believes that he is so right that he ning nest of vipers is to reorganize the Perry hoisting his famous flag upon his should be given any and all powers he Government. This is a massive reorga- ship with the motto: Don’t give up the deems necessary to achieve his ends. nization. This is our battle plan—talk- bureaucracy. That is a dangerous thing. It is dan- ing about the administration. This is I can just imagine Commodore Ste- gerous when a President believes that its priority. This is our ammunition phen Decatur returning from the war he possesses the people’s consent to against the terrorist threat to our on the Barbary Coast, offering his fa- freely tamper with their rights and homeland. mous toast: My bureaucracy, right or their liberties. A certain Senator here a few days wrong. But it is considerably more dan- ago talked about killing snakes. He It just gives me chills to think of the gerous when the elected officials such talked about snakes in his State. He people of Texas remembering the as ourselves, whose duty it is to pro- knew snakes when he saw them. Well, Alamo and being inspired to fight with tect the people’s liberties against the there are some snakes in West Virginia the restoring battle cry: Remember the excesses of an overreaching Executive, too. I knew about those snakes when I bureaucracy. an overreaching White House, accede walked the red clay hills of southern What about the professorial Presi- to a President’s every request. Shame West Virginia in Mercer County. We dent Woodrow Wilson taking us into on us. Shame on us. had copperheads back in those hills in World War I with the proclamation: And it is even worse when we not those days and a few rattlesnakes. The world must be made safe for bu- only fail to impose restraint but actu- There are snakes. I know a snake when reaucracy. ally aid and abet the Executive in a I see it. I saw a snake in this bill. This I was born during his administration. brazen power grab. That is exactly bill is a snake. If I could chop off its Nonsense, of course. But it has been what this is. head, kill it dead, dead, dead, I would said that necessity is the mother of in- The American people feel unsettled. do it. vention. I guess then that political ex- They are nervous. They are jittery. This 484 pages right here is what I am pediency has now become the mother They are scared. And they have every talking about. This is our initiative— of bureaucracy. right to be. Their President has spent this is the administration’s ammuni- I don’t think there is much doubt months and loads of taxpayers’ dollars tion. They know better than that. They that the Senate will pass this legisla- frightening them. Their Government know that is not going to make this tion to restructure our homeland de- has issued an unceasing proliferation of homeland one whit safer. I have listened very hard. I do not fense agencies. But my point is that warnings about potential violence. hear the American people clamoring the administration’s plan is a sham. It But the threats to our homeland go for us to build a new, cumbersome, bu- is a sham. It is a political ploy. It well beyond terrorist attacks. Our Na- reaucratic leviathan. worked well during the campaign. It tion is threatened, perhaps most seri- The midterm elections—despite what was worked up in haste and for the ously threatened, by a mentality that many of the pundits may believe—had wrong reasons. says that Presidents should have a free little to do with the creation of this Homeland security is a serious and hand to do whatever they deem nec- new Department. The American people dangerous matter involving the lives essary whenever they deem to do it as weren’t clamoring for this new bu- and the livelihoods of millions of necessary. reaucracy. While Americans cast their Americans. We ought to be ashamed of Our President has been speaking a ballots, they may have had hopes for ourselves to offer our people a quick great deal in recent months about our safer communities than protection bureaucratic pacifier instead of taking enemies and how they hate our free- from terrorism, but I sincerely doubt our time and working thoughtfully and doms. Mr. President, I doubt that they that they were voting to create a huge, carefully on an effective and lasting hate our freedoms. They hate our arro- new bureaucracy. plan for the protection of the American gance. They do not hate our freedoms. Surely nobody believes that building people. They hate our arrogance. a giant bureaucracy has suddenly be- What we ought to be even more Our President has made protecting come the nemesis to the threat of the ashamed of, however, is the manner in our freedoms a rallying cry. I have acts of madmen on our people here at which we are passing this bill. Prior to been working at protecting our free- home. our recessing, hundreds of amendments doms for 50 years in this Congress. With a battle plan such as the Bush were filed to make changes to the Fifty years come January 3 I have been administration is proposing, instead of pending bill that had been reported by working at protecting our freedoms. I crossing the Delaware River to capture the Governmental Affairs Committee. have been helping to appropriate the the Hessian soldiers on Christmas Day, There were hundreds of amendments moneys for our men and our women George Washington would have stayed up at that desk. Yet Senators are who serve in our military services. on his side of the river and built a bu- choosing not to call up amendments. The President has touched a raw reaucracy. We are told that any amendments to nerve with the public, in speech after During the Civil War, President Lin- this bill would force a conference with speech after speech about foreign ter- coln would dismiss one general after the House. rorists who are attacking their lib- another until he found one capable of Now, get this. We are told that if we erties, and yet, in many ways, it is this building a better bureaucracy. amend this bill, it will force a con- President’s proposals that are the most Perhaps what we are lacking to make ference with the House of Representa- serious threats to the liberties of this new idea really resonate with the tives and could delay or even kill this Americans.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.136 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11035 We should be standing up and fight- We Senators have a right to know given, the substitute that fell like ing for what is right in this legislation. what is in this bill. We Senators ought manna from heaven. But this didn’t That is the place to start to fight. That to insist that we not invoke cloture on come from heaven, I can assure you. It is where we start to fight to protect tomorrow but that we wait. Invoking fell into our laps about 48 hours ago this land of ours, these people of ours, cloture is all right down the road some- without any warning, and we are asked its institutions, the institutions of our where, maybe a week from now, but we to invoke cloture on this thing tomor- country. ought to take the time to study this row. We should be standing up and fight- bill. Our staffs ought to know what is Let me say that again. An example of ing for what is right in this legislation. in this bill. We ought to know what is this expanded secrecy that has been We talk about justice. Justice is fine. in this bill before we cast our votes. added in this new bill can be found in But what is right? We should be debat- Yes, I admit the handwriting on the the exemptions it provides from the ing, offering amendments, and telling wall is all too obvious. But I will do Federal Advisory Committee Act. Sec- the American people like it is. We what is right in my frail way of think- tion 871 of this new substitute we have should be honest enough to admit that ing and seeing things. I will vote just been given provides the Secretary this new Department is a massive un- against this bill, unless it is amended— of Homeland Security blanket author- dertaking that is far more likely to unless it is amended. ity—get that, blanket authority—to provide political security for its pro- (Mr. CORZINE assumed the Chair.) exempt all advisory committees in the ponents than to provide domestic secu- Mr. BYRD. I will probably vote Department from existing public dis- rity for the American people out there, against it, anyhow, because we are closure rules. at least for the foreseeable future. being pressured into voting for some- That is pretty serious. This provision I do not believe this is a time for us thing that has not had a committee was not included in Senator or for the American people to cower in hearing, not a single hearing, 484 pages. LIEBERMAN’s substitute, but it has been a corner. I do not believe this is a time There has not been a single hearing on slipped into this new bill which was for the elected representatives of the this bill. There have been no witnesses made available to us, as I said, late American people to run like whipped called to testify in support of this bill. Tuesday night of this week. I am told dogs. This is a time for us to seize the There have been no witnesses who have it was 5 in the morning. It appeared on power that was established for us by had an opportunity to stand before a the web site of the House Rules Com- the courageous Founders of our Nation. committee and oppose this bill. mittee, I believe, the night before, Mr. President, were it not for this That is no way to legislate. Yet we Tuesday night. It was made available Constitution, which I hold in my hand, are going to pass one of the most far- to us just within these last 48 hours you would not be presiding over this reaching pieces of legislation that we with the hope that Senators will not body at this moment. I say that to have passed in my 50 years in Congress. have enough time to scrutinize this every Senator who sits in this body. It will provide for a massive shift of dramatic change to an existing statute. And I say that for the people on the power. To whom? To the President of The statute I am talking about here, staffs of Senators. You would not be the United States. If he were a Demo- the Federal Advisory Committee Act, here. You would not be here, I would crat, I would oppose this just as vocif- applies to the ad hoc committees that not be here were it not for this Con- erously, just as strongly, just as bit- are often used in the executive branch stitution and for the great com- terly as I oppose this piece of legisla- to formulate policy. This statute, the promise—talk about a compromise— tion right here. I don’t oppose it be- Federal Advisory Committee Act, the great compromise which was en- cause we have a Republican President. which has been on the books for 30 tered into on July 16, 1787, out of which I am going to oppose it because it gives years now, requires the advice provided came this Senate, and the equality of away the powers of the people. It pro- by these advisory committees is objec- votes of every State that is represented vides for a massive shift of power to tive and accessible to the public. in this body. the executive branch. It upsets that The purpose of making this informa- This is not a time to be voiceless. delicate balance of power the Framers tion available to the public is to allow This is not a time to be silent. This is provided to the American people over the Congress, the media, and groups not a time to vote for cloture and to 200 years ago. outside of Government to know how hurry away home. This is not a time to The popularity of a President is a the executive branch is making impor- give in and to give up on the ideals fleeting thing, a fleeting thing. Our tant policy decisions. The role of this that led to the creation of our country. duty to our Nation is not. oversight and scrutiny from the public Far too many Americans failed to go One serious problem with the legisla- and a free press is central to upholding to the polls on election day and vote— tion before the Senate is the expanded the principles of our government, of far too many. I spoke of Nathan Hale, authority it gives to the executive our constitutional system. It ensures who said: ‘‘I only regret that I have but branch to conduct its actions in secret. that the people—the people—will be one life to lose for my country.’’ And Here is where I hope the press, the the ultimate judges of the wisdom of how many Americans did not even fourth estate, will pay close attention. the policies of the Federal Govern- walk around the corner to cast a vote? I have great respect for a free press. ment. They did not give one vote for their I have not always been happy with I understand this new Homeland Se- country. Far too many felt that the what the free press has written about curity Department will be wrestling outcome of the election was beyond me, but in my 50 years, I think overall with many issues of national security their control, that their votes would the press has been very fair to me. I that should not be subjected to public make no difference. have no complaints. Some of the things disclosure rules. Sometimes these advi- Today, I see far too many Members the press has said that I didn’t like I sory committees will be dealing with in this Senate falling into the same deserved. I am for a free press. classified intelligence information or desultory way of thinking. Our votes One serious problem with the legisla- with sensitive security policy, and matter, if we have the guts to make tion currently before the Senate is the making this information available to them matter. But, no, we are going to expanded authority that this legisla- the public might compromise national tuck our tails between our legs and run tion gives to the executive branch to security and the fight against ter- like whipped dogs and vote for cloture conduct its actions in secret, protected rorism. I understand that. But that is and go home. That is not right. from the oversight, protected from the exactly why existing law allows the The American people have a right to scrutiny of the Congress, the media, President of the United States, be he a know what is in these 484 pages. My and the American people. Democrat or a Republican, to waive constituents have a right to know. An example of this expanded secrecy these public disclosure rules for any Your constituents, Mr. President, have that has been added in this new bill can advisory committee for national secu- a right to know. The constituents of be found in the exemptions that it pro- rity reasons. every Senator on both sides of the aisle vides from the Federal Advisory Com- The President can do that on a case- have a right to know what is in this mittee Act. This is section 871 of the by-case basis in the current law. So the bill. new substitute that we have just been President has this authority today. He

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.138 S14PT2 S11036 CONGRESSIONAL RECORD — SENATE November 14, 2002 will have it tomorrow. And he will be secrecy is necessary in any particular The Senate must act, and act respon- able to use it to protect any advisory instance. This unnecessary new blan- sibly, and we ought not to be in all committee in the Homeland Security ket authority will give the President that hurry to pass this legislation. Department from having to disclose in- carte blanche to expand the culture of Having been up until almost 2 o’clock formation when national security in- secrecy that now permeates this White this morning, I am tired. I want to formation is involved. But he will be House. speak a little longer. I won’t be able to accountable for that. He will be respon- This substitute language that we speak tomorrow. The Senate is going sible for that. have just been given also provides the to vote on cloture in the morning. And So why do we see an expansion of same blanket exemption from disclo- as I wet my finger and hold it to the this authority given to the Secretary sure rules for the Justice Department’s wind, I sense that the pressure is going in this bill? Why do we see an expan- new Office of Science and Technology. to be on tomorrow to invoke cloture on sion of this authority given to the Sec- This new exemption will allow John this bill. retary of the Department of Homeland Ashcroft, the Attorney General, to con- Here it is, 484 pages. It has only seen Security in this bill? duct even more of his duties in secret, the light of 2 days—yesterday and Advisory committees can already be even after the courts and the press today. It has not been before a com- exempted from public disclosure rules have recently rebuked the Justice De- mittee; there has not been a single for national security reasons by the partment for secrecy abuses. This Sen- hearing on this bill; not a single wit- President on a case-by-case basis. So ate is being asked to authorize the At- ness has appeared before any com- why does this bill, then, allow the Sec- torney General to cloak even more of mittee in support of this 484-page bill. retary of Homeland Security to exempt the Justice Department’s activities in I doubt that any Senator in this body any committee, regardless of whether secrecy. knows everything there is to know national security is pertinent? I am worried that exempting this about this bill. I do believe that the Why is it in there? Why do we see new Science and Technology Office will great majority of Senators know very this new blanket authority in this bill? allow the Justice Department to pro- little about this bill, and what little I will tell you why. It is because this vide special treatment for corporate most Senators know about this bill administration wants to shield itself campaign contributors who are pushing comes about as a result of some of the from any scrutiny of the public. This new technologies. provisions in the bill that have been administration has made it very clear Let me say that again. I am worried lifted out of the legislation that was that it does not want anyone meddling that exempting this new Science and reported out of Senator LIEBERMAN’s in executive branch decisions—not the Technology Office will allow the Jus- committee when the bill was reported Congress, not the media, not the Amer- tice Department to provide special earlier this year. ican public. Mr. President, the pressure is on. We treatment for corporate campaign con- Since the first day this administra- are going to be asked to vote for clo- tributors who are pushing new tech- tion took office, all we have seen is a ture tomorrow. I will be surprised if nologies. These exemptions are unnec- concerted effort to prevent outside the Senate does not vote for cloture. essary and they are a danger to our criticism of its policies and conduct. But I appeal to Senators on both sides people’s liberty. The White House has refused to share of the aisle not to vote for cloture. Na- I believe that I have a duty to the information or cooperate with the Con- than Hale regretted that he had but people I represent to do what I can to gress at every turn—maybe not at one life to lose for his country. I hope improve this legislation. So I hope to every turn, but at all too many turns. Senators will take the same view about offer an amendment to strike these ex- The Vice President has refused to re- their responsibilities to the people. lease documents concerning a secret emptions from the bill. I will do what- They have a responsibility to stay energy working group, even after court ever I can do to improve the legislation until they know what is in this bill, orders demanding that he do so. We and keep the people and the press from and not to invoke cloture on it until have read in the newspapers that the being locked out of the process. The they know what is in it, until their Attorney General is trying to expand people have a right to know. staffs know what is in it, and until the powers of the Justice Department I am not among those who are will- they, Senators, have had an oppor- to operate in secret, appealing another ing to let this Senate be beaten into tunity to offer amendments to make court decision that rejected his new se- rubber stamping the language sent to corrections in the bill. crecy rule. Even Tom Ridge, the Presi- us by the House. It is our job as legisla- I daresay many Senators will find dent’s top man in the war on terrorism, tors to see that the Senate protects the provisions in this bill they have not refused to testify before Congress interests of the people who sent us here seen in any bill before, that are new to about the steps that the administra- and who will foot the bill for this behe- this bill, that are new to the Senate, tion was taking to protect the Amer- moth department. and that they, those Senators, dislike. ican people. The public disclosure exemptions in They have a duty to their constituents. With the President’s support, top of- this bill are a license for abuse. I do I do not have to tell other Senators ficials in this administration have not believe that they are worthy of the what their duties are to their constitu- stonewalled Congress—stonewalled the Senate’s approval. So I am doing every- ents. They have the same duties to Congress. Tom Ridge stonewalled the thing I can to see that this Senate does their constituents that I have to my Appropriations Committee of the U.S. not roll over at the command of any constituents. But I have a duty to my Senate. I know; I am the chairman of President—whether he is a Democrat constituents not to roll over and play that committee. Invitation after invi- or a Republican or an Independent— dead, not to roll over and appear to be tation was extended by my colleague, when there are dangerous provisions oblivious to what is in the bill, just Senator STEVENS, and myself for him remaining in this bill that ought not be pass it and go home and say: We have to appear before the Appropriations put into law. passed a bill creating the Department Committee to testify. The answer was These issues are too fundamental to of Homeland Security. Whoopee. This no. With the President’s support, top let slide with the vain hope that we will make us all safer. officials in the administration have will get a chance to revisit them next This will not make us one whit, not stonewalled Congress, stonewalled the year. Don’t forget, it is easier to pass a one tiny whit safer. media, and they have stonewalled the law than it is to repeal that law. We That bill, if it passed tomorrow, American public. Now they are hoping only need a majority in each body to would not be implemented for another to expand their ability to operate in se- pass a law and have the President sign year. It will take another 12 months cret, to allow even less public scrutiny. it. Once that law is on the books, in before it is implemented. The same There it is. It is in the bill. order to repeal it, a President can veto people who will be out there protecting The provisions in the bill allow the the repeal. And, then, if only one-third the homes of the American people a Secretary to use ad hoc advisory com- plus one in either body uphold that year from today, if they are out there mittees to craft policy in secret, with- President’s veto, that is the end of it. a year from today, will be out there to- out making specific findings that such There won’t be any repeal. morrow. They are out there tonight.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.141 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11037 They are out there on the borders—the President wanted to do more than homeland that could be available now, northern border, the southern border— score political points in a rehashed re- under our committee-reported bill, if the Atlantic coastline, the Pacific tread of a stump speech, he would loose the House Republican leadership on the coastline, the gulf coastline, the ports the bonds, he would cut the handcuffs other side of the Capitol could get of this country, the ports of entry. from the House leadership and urge White House permission to complete They are out there tonight pro- them to pass appropriations bills which action on those appropriations bills. It tecting the airports. They are pro- contain critical homeland security could be done now. tecting the ports of entry all over this funds that could provide real protec- The House is getting ready to leave country. They are protecting the nu- tion for our people, and provide it town. They do not have to leave town. clear facilities, the nuclear plants. quickly. They could stay in town. We ought to They are standing at their stations in Those dollars could make a dif- pass those appropriations bills. That is the law enforcement agencies. They are ference today. Those dollars and the money available now to protect lives standing at their stations in the fire protections they would fund could save and prevent future attacks. But under departments. They are standing at people’s lives. We need not wait for a this constant stream of continuing res- their stations in the health depart- new Department to set up yet another olutions, many homeland defense in- ments. They are out there now. They huge bureaucracy. Instead, the House vestments cannot take place. are out there tonight. When I go home leadership is stuck in concrete. The ap- The Commerce Justice State appro- to sleep tonight and pray the Lord my propriations bills may never see the priations bill, the Treasury appropria- soul to keep, they will be out there. I light of day. There are 11 of them—11 of tions bill, the Agriculture appropria- will be asleep; they will be there. them—that have been reported from tions bill, the VA/HUD appropriations bill, the Labor, Health and Human This bill is not what is putting them the Senate Appropriations Committee. Services appropriations bill, these are there. They are already there, and they They may never see the light of day, fancy names that probably do not are being put there by the taxpayers’ and the security of American people mean that much to anyone listening, money that flows through the Appro- continues to be at risk. priations Committee in this Senate. So How many tape recordings of Osama but to the security and safety of the American people, these bills mean a they are there. Do not think for a mo- bin Laden do we need to hear before we whole lot more than a new letterhead ment that this country has to have this start to take immediate action to pro- on the same old Government sta- bill creating this massive bureaucracy tect ourselves in a meaningful way, not tionery, which will come about as a rein which there will be at least 28 agen- in a sham, sham legislative procedure sult of the passage of this 484-page bill. cies that will be crammed into a new that will produce another massive bill, Instead, we are being told to create Department—170,000 people employed. massive shift of power, in a massive this new bureaucracy and put funding May I say to the people sitting back new bureaucracy? How many more for homeland security on autopilot here on the benches—I am talking to threats do we need to hear? How many with a constant stream of continuing these staff people right back here—pay more threats need to be made? resolutions. It is an irresponsible path attention here—170,000 people em- Just in recent times, in recent hours and one I hope Congress has the wis- ployed in this new agency. They are the newspapers are reporting that U.S. dom to avoid. The Senate’s VA/HUD not employed by virtue of these 484 intelligence officials believe that ter- and Commerce Justice State appro- pages in this bill. rorist groups may be planning a new priations bills provide more than $3.5 The Senate apparently is on a path wave of attacks on Western targets. billion for police officers, for fire- to rush to consider this legislation, and According to these reports, our intel- fighters, and for other first responders. we can all say: Whoopee, let’s go home ligence agencies have detected a sig- That is $3.5 billion that could be made now. We have created a Department of nificant spike in intelligence chatter available next week. All that has to be Homeland Security. Everybody is safer during the last 10 days that strongly done is for the House to get the signal now. indicate new assaults are being from the executive branch which con- But don’t you believe it. planned. trols the Republican leadership in the The Senate’s legislative counsel did What more warning do we need? Do House. All that is needed is for the not finish drafting this behemoth bill we have to wait until the chatter turns White House to unloose the shackles until the wee hours of yesterday morn- into screams of terror? Do we really be- that are on the House leadership and ing, and now Senators are being pres- lieve this new Department of Homeland say, pass that appropriations bill. We sured to pass it without question and Security will provide the immediate restored over $1 billion of cuts the without comment. What a shabby way protections that are so desperately President proposed for State and local to treat the security and safety of the needed? We are not only fooling our- law enforcement programs. That is real American people, those people who are selves, we are also jeopardizing the safety, without any delay. looking right at us through those elec- lives of the American people. What is the administration’s re- tronic lenses. The new Department of Homeland sponse? The administration says we are As I have said all along, this new De- Security will provide no immediate se- spending too much money on the secu- partment likely will take many years curity—none. The legislation gives the rity of the American people. to become effective. We should not President another year in which to put Mr. President, you cannot place a simply put a new name on a hodge- the pieces of this Department together. price tag on homeland security. You podge of agencies and claim that the That is a year without any significant cannot protect lives on the cheap. Nation is, ipso facto, instantly safer. improvements to our Nation’s protec- The Senate Labor, Health and What a sham. What a sham. A lot of tions. Maybe we should rename this Human Services appropriations bill Senators who vote for this are going to the Department of Homeland Security provides $3.8 billion to protect against come to realize that when it is too late Delay. biological and chemical weapons. We to change their votes. What a sham. The appropriations bills, on the other know that terrorists have them. We are Yet this legislation is being bull-rushed hand, that are languishing in the other fools if we do not invest in defenses through Congress and is being hailed as body controlled by the President’s against these weapons. The funds in the great homeland security panacea. party would provide real security right these appropriations bills help to pro- This new bill is 484 pages long. Here now. All we have to do is just enact vide real savings now, without delay. it is. I have not weighed it, but it them. You do not have to wait on passing a weighs as heavy as 484 pages. Yet we The Senate Appropriations Com- 484-page bill which cannot be imple- will not be one whit closer to homeland mittee reported appropriations bills for mented for another 12 months. security if it passes. fiscal year 2003 that contained a total What is the President’s response? If the House and Senate wanted to of $25.6 billion for homeland defense Hold the line on the appropriations, he provide true protections, we would be funding. says. Hold the line. He has stopped the working to complete action on the ap- That is a lot of money, $25.6 billion House Republican leadership from al- propriations bills instead of playing for homeland defense. That is real lowing these investments in homeland this gargantuan shell game. If the money for the real defense of our security to move forward.

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.144 S14PT2 S11038 CONGRESSIONAL RECORD — SENATE November 14, 2002 Mr. President—I am talking to the security investments were squeezed out terrorism activities at the National In- President at the other end of the ave- of supplemental appropriations bills stitutes of Health. This would fund re- nue—you cannot place a price tag on approved unanimously by the Senate search and infrastructure improve- homeland security. You cannot protect Appropriations Committee, made up of ments necessary to develop counter- lives on the cheap. 15 Democrats and 14 Republicans. If the measures against smallpox, anthrax, The Senate Agriculture appropria- President were serious about homeland and other deadly pathogens. Bioter- tions bill includes more than $150 mil- security, we would do far more than rorism funding for NIH under a long- lion for the Food and Drug Administra- simply pass a feel-good bill of 484 pages term continuing resolution would be tion to ensure our food supply is pro- that creates a new department. We limited to approximately $107 million. tected from terrorism and to accel- would pass these appropriations bills. The fiscal year 2003 Senate bill con- erate the development and approval of We would train our first responders. We tains a large increase for hospital pre- medicines and tests to protect Ameri- would provide them with equipment to paredness funding. Why worry about cans from bioterrorism agents. This is carry out their mission of protecting local hospitals? Again, just today news a real saving. There is no delay here. the American people. We would put accounts detail a warning from the FBI Just pass the appropriations bill. We more agents on the borders. We would to hospitals in Houston, San Francisco, stand ready. But the administration close the security loopholes in our Chicago, and Washington, DC, that has the handcuffs on the House leader- ports. We would buy vaccines and in- they may be targets of a terrorist ship. crease our capacity to handle an at- threat perhaps from anthrax. That is Apparently the administration tack using a biological weapon. We getting close to home, Washington, DC. thinks a safe food supply and vaccines would invest in immediate homeland The $593 million worth of grants in the to counter anthrax are too expensive. I security initiatives and not rely on a Senate appropriations bill are nec- say once again, a price tag cannot be campaign slogan to protect us 6 essary to make sure hospitals have the placed on homeland security. You can- months or 1 year or even 5 years from proper equipment, the staff, and the not protect lives on the cheap. now. training to handle a bioterrorism at- Take the Senate Commerce-Justice- I hope we will not try to sell the tack. A long-term continuing resolu- State appropriations bill. It funds new American people this bill of goods on tion, however, would provide only $129 FBI agents. The Treasury appropria- homeland security. It is nothing but million in fiscal year 2003 for this actions bill funds critical border security snake oil. A new department would be tivity. In total, a long-term continuing initiatives. These bills represent bil- welcome, but it will not be enough. We resolution for the Labor-HHS bill lions of dollars for homeland security. need to do much more and we need to would provide only $1.8 billion for bio- They help to provide real safety with- do it quickly. terrorism preparedness in fiscal year out delay, but regrettably the White The Senate Appropriations Com- 2003. This is $2 billion less than the House says no deal. According to this mittee reported appropriations bills for committee-reported appropriations administration, the price is too high. fiscal year 2003 that contained a total bill. What a difference. In my 50 years in Congress, if the of $25.6 billion for non-DOD homeland Under the continuing resolution, Lord lets me live a few more days, this defense funding, an increase of $5 bil- only $540 million would be available to is the most cynical and potentially lion over the levels approved last year. local fire departments, from FEMA, for most devastating political game any That is real money for the defense of training and equipping firemen for administration has ever played. I am our homeland that could be available weapons of mass destruction. For fiscal talking about administrations under now, under our committee-reported year 2003, the Senate committee VA- Republican Presidents and under bills for fiscal year 2003, if the White HUD appropriations bill provided a Democratic Presidents. House would but take off the shackles total of $900 million for the fire grant While funding battles are not uncom- from the House Appropriations Com- program. mon and while many Congresses and mittee and let it work, let it complete On September 11, 2001, in New York administrations have not agreed on all action on the bills in the regular man- City, we learned that fire and police the priorities, there has never been ner. could not communicate by radio, un- such a dispute that threatens the secu- This authorizing bill we are debating dermining the response to those vi- rity of the American people. This ad- right now provides nothing imme- cious terrorist attacks. This is a na- ministration would rather protect its diately for homeland defense. It has a tionwide problem. We found that out as political backside than the lives of this 12-month transition period built into we conducted testimony on our appro- Nation’s citizens. It is a calculated, it. It sounds good. It will make a good priations bills earlier this year in hear- cynical, manipulative, and irrespon- headline. But it does nothing imme- ings conducted by the Senate Appro- sible approach that I pray does not re- diately to increase the security of our priations Committee. We included $180 sult in lost lives. country. The appropriations bills, on million in the committee bill for It disgusts me that the President has the other hand, would do something grants for interoperable communica- worked with the House Republican immediately. Right now, all we have to tions equipment for firefighters, none leadership to delay these appropria- do is enact. That is real money for real of which would be available under the tions bills. That is exactly what has protection. continuing resolution. Under the con- happened. You mark my word. After Under the continuing resolution we tinuing resolution, $180 million that the new year, when there is a new ad- are operating under now, the signifi- the committee approved for grants to ministration that takes over and this cant increases for homeland defense upgrade State and local emergency op- body goes under Republican control, as funding that we approved in our com- eration centers would not be funded the other body will be under Repub- mittee bills cannot take place. Let me and $75 million for grants to upgrade lican control, you watch how fast those give some examples of what will not be FEMA’s 28 research and rescue teams appropriations bill will pass. They will funded under the continuing resolu- would not be funded. then pass, and this administration will tion. The Coast Guard is also one of the be able to say; see now how things Under the continuing resolution, largest agencies to be included in the work under this new administration, only $651 million will be available for new Department of Homeland Security. how fast we get things done. I think the Office of Domestic Preparedness to The Coast Guard just signed the larg- that is the game we will see. train and equip State and local law en- est procurement contract in the his- In fact, at the administration’s urg- forcement personnel to handle biologi- tory of the entire Department of ing, the House of Representatives has cal and chemical weapons, this com- Transportation, the so-called deep not considered a regular appropriations pared to $2 billion that would be avail- water capability replacement project. bill in 16 weeks. That is 4 months. And able in the Senate Commerce-Justice- It is a comprehensive effort to mod- the White House machinations have State appropriations bill. Crucial bio- ernize the Coast Guard’s aging fleet of not stopped at the regular appropria- terrorism research will be postponed. ships, planes, and helicopters so that tions bills. At the direction of the ad- The Senate Labor-HHS appropriations the agency can better execute its ministration, $8.9 billion for homeland bill provided nearly $1.5 billion for bio- homeland security and other missions.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.152 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11039 Under the continuing resolution— Moves on; nor all your Piety nor Wit the pending homeland security bill for that is what we will be operating Shall lure it back to cancel half a Line, 7 weeks now. Let’s be clear about that. under—the Coast Guard will have to Nor all your Tears wash out a Word of it. The Senate just received this homeland start delaying the procurement of long- So, Mr. President, tonight I am writ- security bill, not 7 weeks ago but just range aircraft as soon as December. In ing the record. I will not have that op- the night before yesterday. We have fact, due to the absence of adequate portunity tomorrow because on tomor- had access to it for 36 to 48 hours, per- funding, the Coast Guard will have to row the Senate will vote to invoke clo- haps. The Senate did spend 7 weeks de- start paying contract penalties total- ture. I urge Senators not to do that, bating another homeland security bill, ing $500,000 per month. not to vote to invoke cloture tomor- but that bill is no longer before the So at the same time as the Coast row. Senators should give themselves Senate. That bill is no longer before Guard is being merged into the new more time, give their staffs more time the Senate. All of those weeks of de- homeland security agency, the inad- to study these 484 pages in this new bate and amendments have been equate funding provided under the con- bill, this bill that has not seen a com- thrown out the window. In its place we tinuing resolution will mean the Coast mittee witness, this bill that has not are now debating a new bill, crafted in Guard will delay the procurement of been in a committee room, this bill secret, crafted behind the shades and critical homeland security aircraft that was unknown to the Members of curtains of darkness; a new bill which while simultaneously wasting half a this Senate 48 hours ago—a massive many of us have not had the time to million of the taxpayers’ dollars every bill providing for a massive shift of read because we just received it. I month on contract penalties. power to the President of the United haven’t had time to read it. I have only The Senate committee Treasury-gen- States. And once that power is shifted, read parts of it. I haven’t had time to eral government bill added $18 million Senators, remember, it is going to be read this bill. to the Customs Service for container very difficult to retrieve that power. We were not involved in drafting this security administration. This funding Yet the legislative branch is just about bill. I had nothing to do with the draft- allows for inspection of shipping con- to do that. ing of that bill. It did not go through tainers before they reach U.S. ports. The executive branch never hesitates the committee process. There were no Currently, only 2 percent of the con- to stand up in defense of its preroga- hearings, no markups. It was drafted, tainers that come into this country are tives. The judicial branch never hesi- not unlike the President’s plan, behind inspected. Yet this funding will not be tates to stand up in defense of its pre- closed doors and hidden away from the available under the continuing resolu- rogatives. But the same cannot be said eyes of the American public. So I must tion. of the legislative branch. Nearly al- say I am a little distressed when I hear The Senate committee energy and ways in the legislative branch, half of Senators saying that the Congress water bill includes $64 million to pro- the branch is made up of supporters of should pass this bill quickly because vide for the security guards at critical the administration. If it were a mon- we have exhausted debate on it. Corps of Engineer infrastructure sites. archy, these would be supporters of the I grow even more distressed when I Under a long-term continuing resolu- king. If it were in the days of the Revo- read in this morning’s papers that a tion, this funding would not be avail- lution, they would be Tories. Half the number of controversial provisions had able. Pass the appropriations bill. legislative branch stands up in the de- been quietly inserted into this new bill There is the money. It is available. fense of the king, in the defense of the in the hopes that no one would notice This Congress faces a choice. Despite executive branch. Only half, if that them before the bill passed. its myriad problems, we will likely Congress Daily reported this morning many, stand up in defense of the legis- pass this legislation to create a Depart- that provisions have been inserted into lative branch. Yet we all in this legis- ment of Homeland Security. The Presi- this bill to eliminate or reduce a manu- lative branch, whether we are members dent will make his speeches to try to facturer’s product liability. Sure of the party that controls the adminis- convince the American people to feel enough, title VIII of the new bill would tration or not, we stand before that good. My, we can feel good about this authorize the new Homeland Security desk up there and we lift our hand to new Department we will have created. Secretary to provide manufacturers Almighty God and we put a hand upon What the President will not tell the with liability protections for a broad American people is that the shiny new the Holy Bible and we swear an oath to range of items, from drugs to life pre- Department will not be effective until support and defend the Constitution of servers, in case such equipment mal- far into the future. What he will not the United States against all enemies, functions or does not work. According tell the American people is that in the foreign and domestic. to the Democratic staff of the Govern- interim, they—the American people— Are we doing that? Are we supporting mental Affairs Committee, even if may be less safe rather than more safe and defending this Constitution which manufacturers sold equipment, tech- because of the chaos and confusion in- provides for a balance of powers, a sep- nology, or drugs that they knew would herent in massive Government reorga- aration of powers, three departments not work as intended, the manufac- nizations. What he will not tell the equally balanced? Is that what we are turer could not be held liable for puni- American people is that he continues— supporting? That is what we swore to tive damages unless he knowingly par- he, the President—to block invest- support. That is what we swore we ticipated in the terrorist act giving ments that would help to protect the would support. But not all of us are rise to the injuries. American people from terrorist attacks going to vote that way. Do Senators know that? Do Senators today. There are half of us in the two bod- know that this bill does just that? Ex- If we truly want to protect our con- ies, roughly speaking, who are always actly. Do Senators know that? stituents, if we truly want to make a ready to run to the executive branch Congress Daily reports that limited difference in our constituents’ lives, we and uphold the executive branch liability protections already in place will provide the funds that are so criti- against our own nest, against the legis- for vaccines would be expanded in this cally needed. We will support the FBI. lative branch. I hope it will not be that bill to include vaccine components We will support the police officers. The way tomorrow. I hope that Senators such as the preservative Thimerosal, funds will support our firefighters in will say whoa, whoa, whoa, just hold on manufactured by Eli Lilly and Com- our hometown. We will strengthen our here; let’s just wait a little bit. Let’s pany. These drugs, I am informed, are border patrols and our port security. don’t vote for cloture today. Let’s have already the subject of class action law- We will take steps to fight terrorism a few more days to debate this legisla- suits by parents who claim the prod- today. We will not wait until the station, see what’s in it, offer amend- uct’s high mercury levels have caused tion is ready at the new Department of ments to it, clean it up, protect the their children’s autism. Homeland Security. The price of con- American people, their liberties and I have heard other Senators express- tinued delay is simply too great to their rights. I call upon Senators to do ing dismay about these provisions that fathom. that. have been slipped into this bill. I have Mr. President: I have watched the Senate floor heard other Senators expressing puzzle- The Moving Finger writes; and, having today. I have heard the assertion made ment, dismay, consternation, sur- writ, that the Senate has been considering prise—to find such provisions, to find

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.167 S14PT2 S11040 CONGRESSIONAL RECORD — SENATE November 14, 2002 this bill as it is. And yet we are being to be right here. Here is where we Whoopee, great, hot diggedy dog. We asked to invoke cloture tomorrow, in- ought to be until we know what is in passed a piece of feel-good legislation. voke cloture so that we limit ourselves this bill. We ought not pass this bill The American people should be in future debate to 30 hours, a total of now. We ought to pass the appropria- afraid. The American people should be 30 hours on this bill. tions bills that provide real homeland very afraid not only of Osama bin The American people out there don’t security for the American people. Laden and Saddam Hussein but of the know this. The American people are So these drugs, as I say, are already monumental cynicism driven by this being told that this is a great bill, this the subject of class action lawsuits by White House, and regrettably unop- is a good bill, we are about to create a parents who claim the products with posed by this body. Department of Homeland Security and high mercury levels have caused their Mr. President, I apologize to the Sen- you will all be safer, ladies and gentle- children’s autism. Is this what the ate, to the staff, to the pages, all who men, out there in the hills and the President’s homeland security proposal work in this body—they work hard; prairies and the valleys and the moun- is really all about—exempting multi- they work long hours—for detaining tains. You will all be safer. billion-dollar pharmaceutical compa- you from going home early and getting The American people are being hood- nies from lawsuits when the products an early supper. We call it supper down winked. We are complicitous in going they sell to the American public do not in West Virginia. Call it dinner, if you along with the idea—going along with function properly or, even worse, injure wish. We have kept you waiting, and I this sham. We are all guilty of going or kill somebody—multibillion-dollar apologize for my part. Who else has along with this. Yet we are going to in- companies from lawsuits when the done it? I am the one rascal here who voke cloture on ourselves. We are going technological products they sell to the has kept you waiting. I apologize for to invoke the gag rule. American people do not function prop- that. We hear that this Senate is the erly? What is this? Is this a payoff for Had we not been faced with a cloture greatest deliberative body in the those companies for their contribu- vote tomorrow, I could have waited world—greatest deliberative body in tions in the past election? until tomorrow and said these things. the world, the Senate of the United Yet another provision in the bill But when else am I supposed to say it? States. Yet we have been on this bill would require liability claims against If cloture is invoked tomorrow, I will now parts of 2 days—just parts—and to- smallpox vaccine manufacturers to go have no opportunity to say it. Then we morrow morning we are going to put through the Federal tort system. only have 30 hours—all of us, 100 Sen- the gag rule on. We are going to invoke Let me say that again. ators have 30 hours—and I suppose that cloture so that we will deprive our- Yet another provision in the bill is an hour each at most. selves of the opportunity and we will would require liability claims against There is a record standing. There is a deprive ourselves willingly of the op- smallpox vaccine manufacturers to go record that stands with him who holds portunity to expose the weaknesses of through the Federal tort system. The the waters in his hands; there is a this bill—to expose to the people who Federal Government would pay the record that stands. That record will be send us here, the judges of our political damages. And punitive damages would written, and it will be there for the fortunes. We are going to say no to the be banned. next thousand years for all who want people who send us here when we put The new bill also would limit liabil- to read it. this gag rule into effect and say to our- ities for airport screening companies I believe the American people expect selves that we are not going to be in- and high-tech firms that develop equip- us to oppose this way of legislating. It terested in debating this longer than 30 ment for domestic security. It would is not as our children are being told the hours, if that much time is used. We aid the airline industry by extending way to make laws. are saying to the American people who aviation war-risk insurance for a year, Mr. President, I end my remarks, as send us here we are putting the gag and giving airports another year to in- I began them earlier today, by reading rule on you. We are putting the stall baggage screening equipment. from 1st Corinthians, chapter 14, verse blindfolder on you. I wonder how many Senators know 8 and verse 9: How many of us would like to go to that provision is in this bill. For if the trumpet give an uncertain the American people in the next cam- According to the New York Times, sound, who shall prepare himself to the bat- paign for reelection and tell them that the bill would reverse an earlier meas- tle? we believe in blindfolding them, and we ure and allow American companies So likewise ye, except ye utter by the don’t believe they should know what is that have moved offshore in order to tongue words easy to be understood, how in this bill. It has some good provi- evade taxes to contract with the Home- shall it be known what is spoken? For ye sions, I am sure, but we are willing to land Security Department. shall speak into the air. shut ourselves off here. How about that? How many Senators Mr. President, that is the way I This is a bad bill—bad because there know that? Let me say that again. began my remarks. If we pass this bill, are some provisions in it that are bad— The bill would reverse an earlier we are going to be the trumpet that not all but some provisions in it are measure and allow American compa- gives forth an uncertain sound. The bad. Some provisions we don’t even nies that have moved offshore in order American people are going to be told, know about. We intend to vote on it— to evade taxes to contract with the and they are going to believe, that pig in a poke, blindfold ourselves, gag Homeland Security Department. they are made more safe, but we will ourselves. We are willing to do that. These kinds of provisions underscore have sent forth an uncertain sound. Are we willing to draw our moneys, just how ridiculous this homeland se- The people will not be made more safe our salaries? The American people pay curity debate has become. Anyone who by this piece of legislation. us to represent them, to protect them, opposes this legislation will be labeled The PRESIDING OFFICER. Senator to protect their liberties, to protect unpatriotic. You can count on that. from Alaska. their Constitution. If the American The sting of that political attack is Mr. STEVENS. Mr. President, I have people knew that there were certain enough to allow gobs of complete and two short statements that I would like provisions in here of which some Sen- utter junk to be shoved in this bill and to make concerning this legislation. ators were just becoming aware, the shoved through the Congress with The first deals with the use of appro- American people would say to all of us: lightning speed. The fear of being sub- priated funds. Hold up. Take a look at that bill. Don’t jected to utterly vile campaign polit- As my colleagues know, one of the you vote for that homeland security ical attacks is allowing a slew of dan- major issues confronting Congress with bill until you fully know what you are gerous provisions—provisions that respect to establishing the Department doing. They would say: Hold up here. would never ever get through on their of Homeland Security was the extent Don’t you come back to me asking for own—to be pushed along with hardly a to which the Homeland Secretary my vote again if you are going to vote glance. Just hold your nose, pinch it, would be given the authority to trans- to hoodwink the American people by and vote for cloture and vote for this fer funds between appropriations ac- shutting off debate so you can get out bill. Go home feeling good. Oh, we counts or among the organizations and of there, so you can go home. We ought passed some feel-good legislation. programs within the new Department.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.169 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11041 Underlying this issue are two critical which originally appropriated and in and rightful role in our government—a questions—how best to give the Home- no case where the item for which funds role that the Founding Fathers inland Secretary the flexibility he or she are requested has been denied by the tended and that our constituents de- needs to organize and operate the new Congress. The language provides an ad- mand. Our constitutional oath requires Department, and how best to preserve ditional $140 million in transfer author- Members to assure that our constitu- the Congress’s constitutional authority ity for fiscal year 2003 for the salaries ents’ demand for our oversight will be to appropriate funds and to oversee and expenses associated with the initi- fulfilled. their use. ation of the Department. I have a second short statement. I Previous versions of the Homeland The appropriations language further have been very interested in preserving Security Department legislation in- requires that the Senate and House the Coast Guard’s non-homeland secu- cluded extensive language governing Committees on Appropriations receive rity mission performance under this how the Department would allocate 15 days’ advance notice before any bill. I will discuss for the Senate today and use appropriated funds and funds funding transfer is made, and it estab- a vitally important section of the generated through property disposal or lishes that the new Department will homeland security legislation that we gifts from outside the Federal Govern- submit formal reprogramming requests consider here. ment. to these committees for any proposed This section—Section 888—is entitled The compromise embodied in the funding transfer. The language further ‘‘Preserving Coast Guard Mission Im- final version of the Homeland Security stipulates that, of the total amount of portance,’’ and its implementation is Department legislation now before us transfer authority provided, and except essential to maintaining without sig- takes a somewhat different approach, as otherwise specifically authorized by nificant reduction the Coast Guard’s but the net effect is the same: law, not to exceed two percent of any non-homeland security capabilities and Congress’s appropriations authorities appropriations available to the Home missions. are maintained. Transferred funds Secretary may be transferred between We all recognize the critical home- must be used for the purposes for which appropriations. I am satisfied those land security missions the Coast Guard they were appropriated, and Congress meet our general requirements, al- performs. However, it is just as critical must approve, in advance, the realloca- though they are not in the original re- to the United States that the Coast tion of transferred funds away from quest I made in the Governmental Af- guard effectively and successfully ac- their originally intended purposes. fairs Committee on which I serve. complish its non-homeland security Language added to the final bill rein- In many respects, these provisions missions. The criticality of these non- forces the requirement that personnel, mirror language that is included annu- homeland security missions extends far assets, and obligations transferred to ally in every Department of Defense beyond the 30 coastal and Great Lake the new Department shall be allocated Appropriations Act. In addition, use of states. These non-homeland security in accordance with section 1531(a)(2) of transfer authority would be subject to missions affect the maritime safety, title 31, United States Code. That sec- approval or disapproval in writing by law enforcement, environmental condition of permanent law requires that the Committees on Appropriations, tions, and economic security of our en- funds transferred within or between which would review reprogramming retire nation. Executive branch agencies to finance quests submitted and considered under The Coast Guard’s non-homeland se- transferred functions or activities established procedures based on the re- curity missions are marine safety, must be used for a purpose for which programming procedures used by the search and rescue, aids to navigation, the appropriation was originally avail- Defense Department and Congress for living marine resources—including able. defense transfer authority actions. We fisheries law enforcement, marine envi- During the final negotiations on this intend to mirror the procedure that bill, any language dealing directly with ronmental protection, and ice oper- has been used so successfully with re- ations. use of the general authority to transfer gard to defense matters when we are All these missions are critical to the funds was dropped, since it is an au- reviewing national security matters. thorization act. That authority will be Finally, the authorization bill in- well-being of Alaskans, and we rely on included in the continuing resolution cludes a provision intended to help the Coast Guard virtually every day for that I hope we will pass to keep the Congress to assess the long-term fund- protection and assistance in these mis- Federal Government functioning after ing requirements for the new Depart- sion areas. I am confident that my col- we adjourn or recess this year. Since ment. That provision requires annual leagues who also will speak on this sec- virtually every annual appropriations submission of a Future Years Home- tion of the bill will attest further to act includes general transfer authority land Security Program that projects the importance to their states and to language, the negotiators agreed that spending requirements for at least five the rest of the nation of preserving the it was more consistent and effective to fiscal years. This detailed, multi-year Coast Guard’s vital non-homeland se- include the new Department’s transfer document is due beginning with the fis- curity capabilities and missions. authority in an appropriations act. The cal year 2005 budget request. Preserving these missions and capa- continuing resolution is our first ap- The final authorization language, bilities is the fundamental intent and propriations opportunity to accomplish and the language in the continuing res- purpose of Section 888. this objective. I intend to see to it that olution, preserve the statutory and ad- The Coast Guard cannot accomplish it will be in the resolution if at all pos- ministrative requirements needed to its non-homeland security missions ef- sible, and I believe it is already agreed ensure that any funds made available fectively and successfully unless its to. to the new Department are used effec- current capabilities in these areas are The negotiators did retain in the au- tively and efficiently and according to preserved intact and without signifi- thorization bill the language regarding the will of the people as reflected cant reduction. Section 888 mandates property disposal and gifts. The lan- through their elected Senators and the preservation of these capabilities, guage also requires that the new De- Representatives. and of the Coast Guard’s authorities partment submit a detailed budget re- This language, and the annual appro- and functions in these areas, unless quest annually beginning with fiscal priations process, ensure that the Congress specifies otherwise in subse- year 2004. That will be the request we Homeland Security has the appropriate quent acts. receive next year. authorities to organize and operate the I would add at this point that, since The continuing resolution language new Department, and that Congress September 11, 2001, the Coast Guard has provides general transfer authority of will remain directly engaged in decid- assumed greatly expanded homeland $500 million for fiscal year 2003 and the ing how appropriated funds are used, or security responsibilities without seeing same amount in fiscal year 2004. It reallocated, by the Executive branch. a reduction in its non-homeland secu- stipulates that this authority may not In so doing, I believe, and it has been rity requirements. This is a strong jus- be used unless for higher priority my intent working with the distin- tification for allocating even more items, based on unforeseen homeland guished chairman, that this language total resources to the Coast Guard on security requirements, than those for preserves Congress’s Constitutional an annual and long-term basis.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.037 S14PT2 S11042 CONGRESSIONAL RECORD — SENATE November 14, 2002 Section 888 further reinforces and port through any other departmental Coast Guard’s vital non-homeland se- protects the Coast Guard’s non-home- official. curity missions and capabilities and land security missions and capabilities Take separately and together, these permitting it to carry out important by preventing the diversion of any mis- subsections strengthen the institu- homeland security responsibilities. sion, function, or asset—including tional position of the Coast Guard and Just as importantly, this language ships, aircraft, and helicopters—to the the Commandant within the Depart- and the annual appropriations process, principal and continuing use of any ment, thus enhancing the Service’s ensure that Congress will remain di- other organization, unit, or entity of ability to compete for resources and to rectly engaged in deciding the extent the Homeland Security Department. influence policy in both the non-home- to which any significant changes occur This restriction is intended to mini- land security and homeland security in the future to the Coast Guard’s non- mize, if not eliminate, any prospect of areas. They are an unambiguous state- homeland security missions and capa- the diversion from the Coast Guard of ment by the Congress about the impor- bilities. Congress’s continued and di- the personnel, equipment or other re- tance of the Coast Guard and all its rect engagement in such matters is es- sources needed to perform its non- missions within the Department. sential given the importance to the homeland security missions. Personnel Another subsection requires the new American people of these missions and details or assignments that do not re- Department’s Inspector General to re- capabilities. duce the Coast Guard’s capability to port annually to Congress on the mis- And again, these missions and capa- perform these missions are permitted. sion performance of the Coast Guard, bilities are vital to my State of Alaska. Section 888 further prohibits the with a particular emphasis on the non- I thank my distinguished friend for Homeland Secretary from reducing the homeland security missions. This in- allowing me to make these two state- Coast Guard’s non-homeland security formation should help Congress iden- ments. I am late to a meeting. I wanted missions and capabilities substantially tify whether additional actions are to make sure we explained to the Sen- or significantly unless Congress speci- needed to preserve these non-homeland ate what we have done in modifying fies otherwise in subsequent Acts. security missions and capabilities. this bill. The Homeland Security Secretary The Homeland Secretary also is re- I know it does not meet totally the may waive this restriction for no more quired by another subsection to report requirements and approval of my friend than 90 days, but he or she must first to Congress not later than 90 days after from West Virginia. But I do think, declare and certify to Congress that a enactment of the Act on whether the under the circumstances, that we will clear, compelling, and immediate need procurement rate in the Service’s top- have this continued role of supervision exists for such a waiver. priority modernization program—the and we will retain the same type of If he or she exercises the waiver au- integrated deepwater system—can be control over reprogrammings of the thority, the Homeland Secretary must accelerated by 10 years. Timely imple- new Homeland Security Department submit to Congress a detailed justifica- mentation of the Deepwater program is that we have over the Department of tion. Thus, the elected Senators and essential to maintaining and improving Defense. We should be able to continue Representatives of the American peo- the Coast Guard’s capabilities to ac- in the future the same kind of Congres- ple will have an opportunity to deter- complish all its missions. Congress sional connection to the changes in the mine whether they agree or disagree should consider whether accelerating use of funds—and there will be changes, with the waiver. We will have the op- the program is an affordable and cost- based on changing priorities, changing portunity to assess the impact of such effective way to accomplish these ob- circumstances—and we are part of that a waiver on the Coast Guard’s non- jectives, especially in the non-home- process. It will not be done without the homeland security missions and to land security area. prior approval of Congress. make our views known should there be A final subsection ensures that the I think I can assure my friend, in my any cause for concerns. conditions and restrictions in Section judgment, we have preserved to the The language in Section 888 does pro- 888 shall not apply when the Coast maximum extent possible our constitu- vide more flexibility than the Coast Guard operates as a service in the Navy tional role in this process as it goes Guard-related language in the earlier under section 3 of title 14, United forward. There is no question every ap- versions of the Homeland Security De- States code. It would be inappropriate propriations bill annually will address partment bills that we have been de- to apply these conditions and restric- this issue and we will address it as we bating since July. However, this latest tions under such circumstances. Under have in connection with defense mat- language still will protect the Coast section 3 of title 14, the Coast Guard ters in the past. Guard from any major changes to its becomes part of the Navy in Wartime I thank my friend from West Vir- non-homeland security missions and or as directed by the President. ginia. capabilities because it clearly does not In summary, Section 888 resulted Mr. BYRD. Mr. President, the distin- provide the authority to make whole- from productive negotiations with the guished Senator is welcome. I appre- sale and sweeping changes in these White House and our House colleagues ciate what he has said. I hope the Sen- areas. during which all sides strived to make ator’s assurances—I know they are sin- This final language also includes reasonable compromises that would en- cerely given—will prove to be direct other important provisions that will able Congress to pass a final version of and true. I must say I have great con- contribute to the Coast Guard’s overall the Homeland Security Department cerns about this legislation as it is well-being and effectiveness as part of legislation during this post-election written as to the verbiage that we find the new Homeland Security Depart- session. Refinements suggested by the in this new package that is on our ment, as well as help preserve its non- Coast Guard also are included in the desks today. It made its appearance homeland security missions and capa- language. yesterday. I hope the distinguished bilities. These provisions have been The language maintains the struc- Senator from Alaska is accurate and carried over from at least one of the tural and operational integrity of the that he is correct, and that the assur- previous versions of the legislation, or Coast Guard, the authority of the Com- ances which he has been given and they have been crafted to further en- mandant, the non-homeland security which he is giving will prove to be the hance the Coast Guard’s position in the missions of the Coast Guard, and the case. new Department. Service’s capabilities to carry out I have a great deal of confidence in These provisions include language these missions even as it is transferred my friend from Alaska. I have implicit transferring the Coast Guard to the to the new Department. The language confidence in him. I have never had new Department as a freestanding and is clearly intended to assure that the that confidence shaken. But that con- distinct entity that is not under the ju- important homeland security priorities fidence I have in him does not extend risdiction of any of the Department’s of the new Department will not eclipse beyond him, I have to say truthfully, new directorates, and language ensur- the Coast Guard’s crucial non-home- to the people in this administration. ing that the Service’s Commandant land security missions and capabilities. But I do trust my friend and I know he shall report directly to the Homeland Section 888 strikes the right balance will try to his level best to see to it Secretary without being required to re- at this time between maintaining the that the administration deals fairly

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.039 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11043 and squarely with us in the appropria- Mr. STEVENS. I thank the Senator. It gives the Secretary broad access to tions process. Mr. AKAKA. Mr. President, I rise to information relating to investigations With that, I again thank him. discuss the critical distinctions be- and places restrictions on the author- Mr. STEVENS. Mr. President, if the tween the legislation as reported out ity of the inspector general to conduct Senator will yield—— by the Governmental Affairs Com- inquiries into the new department’s op- Mr. BYRD. Yes, I yield. mittee and the House passed bill, cre- erations. Our committee substitute Mr. STEVENS. I give the Senator my ating a Department of Homeland Secu- corrected this oversight by creating assurance we will continue to work to- rity. both a strong Civil Rights Officer and a gether to assure we maintain our con- I think it is wise to proceed cau- strong Chief Privacy Officer. stitutional role in the activities of this tiously when creating a mega-Depart- The privacy officer would assist the new Department. But I also feel it is ment of Homeland Security which Department with the development and absolutely necessary that this bill be would encompass approximately 22 implementation of policies and proce- passed this year because if it is not, re- agencies and involve about 170,000 em- dures to ensure that privacy consider- gardless of the size of the bill, it will ployees. We all recognize that we face ations and safeguards are incorporated literally die at the end of December new threats, and we all recognize the and implemented in programs and ac- and we will have to start all over need to better coordinate efforts to tivities, and that information is han- again. With the tensions facing the protect Americans from these threats. dled in a manner that minimizes the world and challenges our Government However, it is also critically impor- risks of harm to individuals from inap- faces to maintain homeland security, it tant, as the distinguished senior Sen- propriate disclosure. Such officers are is absolutely essential we start for- ator from West Virginia has repeatedly necessary to protect Americans from ward. We have a slight disagreement on noted, to consider carefully what is encroachments on their civil liberties. that. But I do believe this bill gives us being proposed to ensure that any leg- The committee-reported legislation created a powerful civil rights officer, a framework to work with this subject. islation enhances our security and does ensuring compliance with all civil I think the ongoing responsibility to not detract from it. assure the new Department will con- William Safire describes in Thurs- rights laws, coordinating with the ad- tinue to be effective will primarily rest day’s New York Times how the House ministration, assisting in the develop- with the appropriations process. This proposed Homeland Security Act will ment and implementation of civil will be an enormous demand, a new de- create a computerized dossier on the rights policies, and reporting to the In- spector General on matters warranting mand on our Treasury, to fund a whol- private life of every American citizen. further investigation. In contrast, the ly new type of homeland security. I urge my colleagues to read Mr. new bill just passed by the House would We are consolidating a whole series Safire’s prescient column entitled, only require the Civil Rights Officer to of agencies, hopefully bringing about ‘‘You Are a Suspect’’. His arguments review and assess alleged abuses and some new efficiencies. But it will re- are one reason why we should proceed report to Congress. In the House bill quire increased money. cautiously to creating a Department of the Secretary appoints the officer and Senator BYRD and I have, will con- Homeland Security. in the Governmental Affairs com- tinue to have, the role of seeing to it The President compares the reorga- mittee-reported bill the President ap- the Senate’s operations with regard to nization of agencies within the federal points and the Senate confirms the of- the appropriations process are fully un- government into a new Department of ficer, ensuring greater accountability. derstood by the new homeland security Homeland Security to the creation of The Committee alternative worked to department and its personnel, and that the Department of Defense after World ensure that civil rights were not vio- we will work effectively to see to it we War II. But the two departments that fulfill our constitutional responsibility lated in the first instance. were combined to create the Depart- The threat of a ‘‘Big Brother’’ new with regard to control of the people’s ment of Defense, the Department of the department cannot be overemphasized. money. Army and the Department of the Navy, With the President proposing programs Mr. BYRD. Mr. President, I thank had the same primary mission, to de- like the Terrorism Information and the distinguished Senator. I have never fend the United States. They had simi- Prevention System, Operation TIPS, a seen anything in the demeanor of the lar cultures and management prior- national program to encourage volun- distinguished Senator from Alaska, ities. This is not true of the proposed teers to report suspect activities to the anything in his words, anything in his new Department of Homeland Security. Department of Justice, and the Depart- daily activities, the record he has made Many of the agencies, such as the ment of Defense’s new ‘‘Total Informa- here, that would create any doubt, as Coast Guard, the Immigration and Nat- tion Awareness,’’ we need strong pro- far as I am concerned, in him and his uralization Service, and the Federal tections against violations of Ameri- intention to carry this out. I have to Emergency Management Agency, have cans’ privacy and civil rights. The first say I don’t have the same kind of con- varying missions, priorities and cul- defense of our freedom comes from a fidence in the people at the other end tures. system with checks and balances. The of the avenue. I think we are making a Any far-reaching change to the struc- House proposal, supported by the Presi- huge mistake in passing this bill at ture of the federal government de- dent, does not contain sufficient this time. mands thorough and open discussion. checks and balances. I think the appropriations the distin- Senator LIEBERMAN has done a great Second, under the first House-passed guished Senator from Alaska and I service to his country by holding hear- bill and the President’s original pro- have worked together in making pos- ings and debating extensively the posal, whistleblowers were not pro- sible, along with the other members of structure of such a department. But tected. Merit Systems Protection our committee—I think those appro- there needs to be further debate and Board, MSPB, appeal rights as well as priations, which have not been signed amendment to the proposal offered by Office of Special Counsel, OSC, enforce- into law by the President, some of the Republicans. ment were not included. I am pleased which have not passed the other body, Let me make a dozen points as to to say that under the proposal before and most of which have been held in why the legislation reported out by our us today, whistleblowers retain most of check by the other body at the behest Governmental Affairs Committee, their rights. However, the bill does not of the administration—those would which was subjected to numerous pub- go far enough. Due to the waiver of col- have given to the American people far lic hearings, represents an improve- lective bargaining rights, third-party more security than would this bill. But ment over legislation passed by the arbitration may not be protected for as to the Senator, my trust in him—as House last night and why the House those federal employees who are union I said it before and I will say it again— proposal, supported by the President, is members and blow the whistle. Third is implicit. I have no doubt he intends seriously flawed. party arbitration is an effective way to to do the best he can to see this appro- First, the House proposal raises seri- resolve whistle blower cases due to the priations process goes along as the ous concerns about the collection, use, hostile decisions of the Federal Circuit. Framers and as our predecessors have and dissemination of private informa- Third, the administration proposal intended. tion, the issue addressed by Mr. Safire. transfers the Transportation Security

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.175 S14PT2 S11044 CONGRESSIONAL RECORD — SENATE November 14, 2002 Agency, TSA, into the new depart- balances, suggesting that the new of- communities would be included in ment. Baggage screeners are our first fice may have the capability to intrude planning, training, and response activi- line of defense against terrorism on our to an extraordinary extent into the pri- ties. airlines, and they need to have the vate lives of individual American citi- Tenth, in the name of flexibility, the same protections as our border patrol zens. These are very worrisome devel- President’s initial proposal waived all agents, INS employees, and custom in- opments. The new formulation risks of the provisions of title 5 leaving fed- spectors so that they can come forward endangering our individual, as well as eral employees without protection to disclose risks to our public health our national, security. Senator from discrimination or whistleblower and safety. The committee’s bill, as a THOMPSON, Senator LIEBERMAN, Sen- retaliations. The House proposal main- result of an amendment offered by Sen- ator LEVIN and I had worked out an tains most of title 5; however, it allows ator LEVIN and myself, gave full whis- amendment which was contained in the for the waiver of provisions affecting tleblower rights to baggage screeners committee bill. This amendment collective bargaining rights and appeal and their supervisors and to contract should have been accepted by the rights. One of the key factors to the so- screeners. This is something that the President. I am deeply troubled con- called success of the Federal Aviation House proposal fails to do. cerning the administration’s new mis- Administration, FAA, and the Internal Fourth, the new administration-sup- sion for the Department’s intelligence Revenue Service, IRS, two agencies ported bill gives minimal assurances directorate. that have managerial flexibilities, is that non-homeland security functions Seventh, the latest proposal does not the strong role federal labor unions in the 22 agencies to be absorbed in the address the serious shortcomings play in the shaping of the personnel new Department will be preserved and across the Federal Government in com- system and in resolving employee dis- not eliminated or diminished. The municating security threats to the putes through third-party arbitration. committee’s amendment, which I of- public. The American people are con- This third-party arbitration is even fered with Senator CARPER, required fused and frustrated by threat more critical since cases involving co- that all non-homeland security func- advisories without direction and re- ercion to participate in political activ- tions of each agency be identified, peated statements by the administra- ity, violations of veterans preference along with the resources needed to pre- tion that future terrorist attacks are rights, giving unlawful preference or serve these functions, and the addi- inevitable. The committee bill ensured advantage to any employee, or other tional changes needed to ensure that that the Secretary of the new Depart- prohibited personnel practices can no non-homeland security functions would ment worked with state and local offi- longer be appealed to an independent not be diminished. The new proposal cials to develop more effective alert body such as the Merit Systems Pro- drops this critical reporting require- systems, more useful warnings, and im- tection Board, MSPB. The personnel system at the FAA removed MSPB ap- ment. In fact, the new bill removes all proved communication with the public peal rights in 1996 only to have them reports to Congress which would allow and private sector. In short, the Gov- reinstated by Congress in 2000 at the Congress to monitor closely the cre- ernmental Affairs Committee’s legisla- urging of Federal employees and man- ation of the new department and to en- tion would have empowered the Amer- agers. sure vital non-homeland security func- ican people to play a role in the war on While the merit system principles tions are preserved. terrorism. are designed to ensure that Federal Fifth, the committee-reported bill Eighth, this new proposal transfers employment is efficient, fair, open to provided critical management guidance the Plum Island Animal Disease Center all, and free from political inter- to the development of an effective from the Department of Agriculture to ference, the civil service rules of title homeland security mission. Agencies the Department of Homeland Security. 5, reinforced by collective bargaining need specific guidance on how to However, many potential agriculture rights, provide the framework for im- achieve success. There are over 40 fed- terrorism diseases, such as anthrax, plementing and enforcing merit prin- eral agencies with homeland security are not studied at Plum Island. Rather ciples. Without such laws in place, the missions—some to be within the new than pulling off one piece of the De- principles we all strive for cannot be department but others to remain out- partment of Agriculture’s much needed reached. The Governmental Affairs side. For many, homeland security is a and underappreciated laboratory net- Committee’s reported bill preserved all new responsibility that must be added work, the Governmental Affairs Com- of title 5, protected collective bar- to existing missions. Agencies will mittee alternative left Plum Island gaining rights, and provided additional need to rationalize their new homeland where it was and instead ensured co- flexibilities governmentwide. security missions with their existing ordination and consultation between Some 25 years ago, the Civil Service responsibilities. The committee’s the Department of Homeland Security Reform Act, CSRA, of 1978 responded to amendment provided for a process for and Agriculture on bioterrorism re- the same issues confronting our Gov- ensuring that this occurs. The House search priorities. ernment today. The act established the proposal does not. Ninth, the House proposal does not principles of openness and procedural Sixth, the House-passed bill creates a address serious shortfalls in emergency justice that define the civil service new Under Secretary for Information preparedness and response capabilities today. It created the Merit Systems Analysis and Infrastructure Protection for agricultural terrorism. The Protection Board and the Office of Spe- with two subordinate directorates, in- Lieberman alternative acknowledged cial Counsel to protect the rights of cluding one for intelligence which is the importance of agriculture to our Federal employees. The Federal Labor given extraordinary access to sensitive national economy and the dangers that Relations Authority was created to information, both domestic and for- an infectious animal or plant disease oversee labor-management practices. eign. Under the House formulation as could pose to human health, rural The act provided a statutory basis for supported by the President, the new America, and our Nation’s economy. A the collective bargaining rights of Fed- Secretary can trump the authority of large scale agricultural disease out- eral workers. It prohibited reprisals the Director of Central Intelligence. break, whether of natural or deliberate against employees who expose govern- The new directorate will duplicate origin, will require rapid and coordi- ment fraud, waste and abuse. Those in work already being performed by the nated efforts by the Department of Ag- the Federal workforce demonstrate CIA’s Counter Terrorism Center. Fur- riculture, the Federal Emergency Man- their loyalty and dedication not just to thermore, Section 202 of the Presi- agement Agency, the Environmental their employer but to their country dent’s bill requires all agencies to pro- Protection Agency, the Departments of every day. On September 11, the Fed- vide all information to the new Depart- Health and Human Services, Transpor- eral workforce responded with courage, ment, including information which tation, Defense, and Justice, and local dedication, and sacrifice. Why is the might pertain to intelligence sources and State emergency managers. The President repaying their sacrifice by and methods, without the Secretary committee’s amendment ensured that undermining their rights and our civil even having to request that informa- agricultural health diseases were con- service by proposing these changes? tion. This gives this new office unprec- sidered in security assessments and Eleventh, the House legislation fails edented access with few checks and that the animal health and agriculture to protect veterans by allowing the

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.155 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11045 waiver of chapter 77 of title 5 relating islation offered a more effective ap- what may be this Nation’s biggest ter- to appeals. This would make veterans proach to guarding homeland security rorist vulnerability. Three years ago, go to an agency management-operated than the proposal advocated by the Congress recognized the potential risks process to challenge anti-veteran per- President who recently stated that to our Nation’s chemical security. Not sonnel actions by the same agency ‘‘our job—our government’s greatest 1 more year or month should pass with management. Under current law, vet- responsibility is to protect the Amer- this issue unresolved. erans who believe that they have been ican people. ‘‘I agree with the Presi- Press reports highlight the public’s denied a position or have been subject dent, but I do not agree that by voting frustration. In September, Newsweek to a ‘‘designer’’ Reduction-In-Force, for the President’s flawed proposal we reported a failing grade to the Federal RIF, action in violation of veterans’ will be adequately protecting the Government in protecting chemical preference requirements can challenge American people. plants and other hazardous materials. I such wrongful actions through the Mr. JEFFORDS. Mr. President, I believe the article accurately described Merit Systems Protection Board or would like to commend Senator the forces blocking action: ‘‘industry through a union grievance procedure. CORZINE for his efforts to address the lobbyists and infighting among a mul- This will no longer be possible under serious issue of chemical site security. titude of government agencies trying the House bill. The Committee’s bill The Chemical Security Act, S. 1602, to defend their turf have combined to would have preserved MSPB review of which I cosponsored, would require hold (Governor) Ridge’s office and the veterans’ preference complaints. Iron- ‘‘high priority’’ facilities to improve Environmental Protection Agency at ically, as we are in the midst of a war security and reduce hazards. The bipar- bay.’’ on terrorism and have authorized a war tisan and strong support for this issue I ask my colleague to step beyond bu- against Iraq, the Administration is was demonstrated last July when the reaucratic delays and special interest weakening veterans’ preference rights. bill unanimously passed the Senate En- pressures to think of the families that This is fundamentally wrong. vironment and Public Works Com- could be impacted by our inaction here Twelfth, the House proposal and the mittee. today. We must act on this issue as Governmental Affairs Committee-re- Across the country, thousands of in- soon as possible. ported bill include provisions pro- dustrial facilities use dangerous chemi- Mr. President, I yield the floor and tecting the confidential sharing of crit- cals in amounts that could endanger suggest the absence of a quorum. ical infrastructure information. With nearby communities if the facilities The PRESIDING OFFICER (Mr. cyber attacks on the rise, government were attacked by terrorists. According SCHUMER). The clerk will call the roll. and industry leaders have been seeking to the Environmental Protection Agen- The assistant legislative clerk pro- a way to facilitate the sharing of infor- cy’s Risk Management Planning proceeded to call the roll. mation related to cyber vulnerabilities gram, there are 123 facilities where a Mr. REID. Mr. President, I ask unan- and attacks. Sharing such information release of chemicals could threaten imous consent that the order for the is important because 85 percent of the more than 1 million people. There are quorum call be rescinded. Nation’s infrastructure is controlled by also more than 700 facilities from The PRESIDING OFFICER. Without private utility, telecommunications, or which a chemical release could threat- objection, it is so ordered. other similar companies. Despite the en more than 100,000 residential neigh- Mr. REID. Mr. President, I extend my need to facilitate information sharing, bors. Yet there is no Federal security appreciation to the Senator from Iowa I question the extent to which such in- standard for chemical facilities, no who has other things to do, but he has formation will be protected and the im- Federal guidelines on facility prox- agreed to be here for a few minutes. pact of such protections on environ- imity to neighboring communities, and f no Federal agency overseeing the oper- mental and public health laws. EXECUTIVE SESSION In general, the owners and operators ations and safety of these facilities. of critical infrastructure are concerned This bill is not intended to address about the type and scope of informa- chemical accidents. The Clean Air Act EXECUTIVE CALENDAR tion they are being asked to submit to already provides existing authority. Mr. REID. Mr. President, I ask unan- the government. This data deals with However, a review of the chemical acci- imous consent that the Senate proceed vulnerabilities, incidents, and remedies dent data provides clear insight into to executive session to consider Cal- which, if made available to business the dangers associated with chemical endar Nos. 788, 789, 851, 911, 922, 926, competitors or to the general public, releases from these facilities. Federal 1031, 1032, 1033, 1034, 1071 through 1135, could compromise their competitive data suggests that in 1998 there were 1147 through 1176; and all nominations position, expose them to liability, dis- almost 50,000 incidents—fires, spills placed on the Secretary’s desk. I fur- close sensitive information to terror- and explosions—over 100 deaths, and ther ask that the nominations be con- ists and others who might wish to dis- nearly 5,000 injuries, related to chem- firmed en bloc, the motion to recon- rupt the function of their infrastruc- ical industrial accidents in the United sider be laid upon the table, the Presi- ture, or harm their public relations. States. Some analysts suggest that for However, current law provides ade- each catastrophic chemical accident dent be immediately notified of the quate protection to the private sector that causes a fatality, there are 300 re- Senate’s action, and any statements be for disclosing this type of information cordable incidents and 30,000 near printed in the appropriate place in the to the Federal Government. Nonethe- misses. One estimate suggests that RECORD, and the Senate then resume less, industry has expressed its concern U.S. chemical accidents cost about $15 legislative session, with the preceding over non-binding case law that could be billion a year. all occurring with no intervening ac- overturned. As such, the Governmental In 1999, Congress required the Depart- tion or debate. The PRESIDING OFFICER. Without Affairs Committee bill provided a nar- ment of Justice to issue, within 3 objection, it is so ordered. row exception to the Freedom of Infor- years, a report to Congress on the vul- The nominations considered and con- mation Act which closely follows cur- nerability of chemical facilities to firmed en bloc are as follows: rent law. This provision was designed criminal and terrorist activity. For to facilitate the sharing of information over a year, the Senate Environment NATIONAL LABOR RELATIONS BOARD with the Federal Government, while at and Public Works Committee has been Rene Acosta, of Virginia, to be a Member the same time providing citizens with asking for this report. Beyond a very of the National Labor Relations Board for thin and useless preliminary draft, the the remainder of the term expiring August necessary information on public health 27, 2003. and environmental issues. The Com- administration has not complied with Dennis P. Walsh, of Maryland, to be a mittee bill was careful not to provide this requirement of the Clean Air Act Member of the National Labor Relations an inadvertent safe harbor for those amendments. The Justice Department Board for the term of five years expiring De- who violate Federal health and safety claims that funding constraints have cember 16, 2004. statutes. impacted their work. This excuse is DEPARTMENT OF ENERGY For these reasons, I believe that the completely unacceptable, as is the ad- Kyle E. McSlarrow, of Virginia, to be Dep- Governmental Affairs Committee’s leg- ministration’s delay in addressing uty Secretary of Energy.

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.157 S14PT2 S11046 CONGRESSIONAL RECORD — SENATE November 14, 2002

THE JUDICIARY DEPARTMENT OF STATE NATIONAL INSTITUTE FOR LITERACY John M. Rogers, of Kentucky, to be United Kim R. Holmes, of Maryland, to be an As- Juan R. Olivarez, of Michigan, to be a States Circuit Judge for the Sixth Circuit. sistant Secretary of State (International Or- Member of the National Institute for Lit- eracy Advisory Board for a term of one year. DEPARTMENT OF AGRICULTURE ganizations). Maura Ann Harty, of Florida, a Career OCCUPATIONAL SAFETY AND HEALTH REVIEW Phyllis K. Fong, of Maryland, to be Inspec- Member of the Senior Foreign Service, Class COMMISSION tor General, Department of Agriculture. of Minister-Counselor, to be an Assistant James M. Stephens, of Virginia, to be a FEDERAL COMMUNICATIONS COMMISSION Secretary of State (Consular Affairs). Member of the Occupational Safety and Jonathan Steven Adelstein, of South Da- Ellen R. Sauerbrey, of Maryland, for the Health Review Commission for a term expir- kota, to be a Member of the Federal Commu- rank of Ambassador during her tenure of ing April 27, 2005. service as the Representative of the United nications Commission for the remainder of BARRY GOLDWATER SCHOLARSHIP & States of America on the Commission on the the term expiring June 30, 2003. EXCELLENCE IN EDUCATION FOUNDATION Status of Women of the Economic and Social DEPARTMENT OF THE TREASURY Peggy Goldwater-Clay, of California, to be Council of the United Nations. Wayne Abernathy, of Virginia, to be an As- a Member of the Board of Trustees of the sistant Secretary of the Treasury. DEPARTMENT OF HEALTH AND HUMAN SERVICES Barry Goldwater Scholarship and Excellence Quanah Crossland Stamps, of Virginia, to FEDERAL MARITIME COMMISSION in Education Foundation for a term expiring be Commissioner of the Administration for June 5, 2006. Rebecca Dye, of North Carolina, to be a Native Americans, Department of health and NATIONAL INSTITUTE FOR LITERACY Federal Maritime Commissioner for the term Human Services. expiring June 30, 2005 Carol C. Gambill, of Tennessee, to be a NATIONAL INDIAN GAMING COMMISSION Member of the National Institute for Lit- DEPARTMENT OF TRANSPORTATION Philip N. Hogen, of South Dakota, to be eracy Advisory Board for a term of three Roger P. Nober, of Maryland, to be a Mem- Chairman of the National Indian Gaming years. ber of the Surface Transportation Board for Commission for the term of three years. NATIONAL MUSEUM SERVICES BOARD a term expiring December 31, 2005. FARM CREDIT ADMINISTRATION Beth Walkup, of Arizona, to be a Member REFORM BOARD (AMTRAK) Nancy C. Pellett, of Iowa, to be a Member of the National Museum Services Board for a David McQueen Laney, of Texas, to be a of the Farm Credit Administration Board, term expiring December 6, 2003. Member of the Reform Board (Amtrak) for a Farm Credit Administration for a term ex- DEPARTMENT OF EDUCATION term of five years. piring May 31, 2008. John Portman Higgins, of Virginia, to be THE JUDICIARY DEPARTMENT OF DEFENSE Inspector General, Department of Education. Stanley R. Chesler, of New Jersey, to be Otis Webb Brawley, Jr., of Georgia, to be a DEPARTMENT OF STATE United States District Judge for the District Member of the Board of Regents of the Uni- J. Cofer Black, of Virginia, to be Coordi- of New Jersey. formed Services University of the Health nator for Counterterrorism, with the rank Rosemary M. Collyer, of Maryland, to be Sciences for a term expiring June 20, 2003. and status of Ambassador at Large. United States District Judge for the District NATIONAL LABOR RELATIONS BOARD INTERNATIONAL JOINT COMMISSION, UNITED of Columbia. Robert J. Battista, of Michigan, to be a STATES AND CANADA Mark E. Fuller, of Alabama, to be United Member of the National Labor Relations Irene B. Brooks, of Pennsylvania, to be a States District Judge for the Middle District Board for the term of five years expiring De- Commissioner on the part of the United of Alabama. cember 16, 2007. States on the International Joint Commis- Daniel L. Hovland, of North Dakota, to be Wilma B. Liebman, of the District of Co- sion, United States and Canada. United States District Judge for the District lumbia, to be a Member of the National BROADCASTING BOARD OF GOVERNORS of North Dakota. Labor Relations Board for the term of five Blanquita Walsh Cullum, of Virginia, to be Kent A. Jordan, of Delaware, to be United years expiring August 27, 2006. a Member of the Broadcasting Board of Gov- States District Judge for the District of Peter Schaumber, of the District of Colum- ernors for a term expiring August 13, 2005. Delaware. bia, to be a Member of the National Labor James E. Kinkeade, of Texas, to be United DEPARTMENT OF STATE Relations Board for the term of five years Peter DeShazo, of Florida, a Careen Mem- States District Judge for the Northern Dis- expiring August 27, 2005. trict of Texas. ber of the Senior Foreign Service, Class of Robert G. Klausner, of California, to be NATIONAL COUNCIL ON DISABILITY Minister-Counselor, for the rank of Ambas- United States District Judge for the Central Joel Kahn, of Ohio, to be a Member of the sador during tenure of service as Deputy Per- District of California. National Council on Disability for a term ex- manent Representative of the United States Robert B. Kugler, of New Jersey, to be piring September 17, 2004. of America to the Organization of American United States District Judge for the District Patricia Pound, of Texas, to be a Member States. of New Jersey. of the National Council on Disability for a David N. Greenlee, of Maryland, a Career Ronald B. Leighton, of Washington, to be term expiring September 17, 2005. Member of the Senior Foreign Service, Class United States District Judge for the Western Linda Wetters, of Ohio, to be a Member of of Minister-Counselor, to be Ambassador Ex- District of Washington. the National Council on Disability for a term traordinary and Plenipotentiary of the Jose L. Linares, of New Jersey, to be expiring September 17, 2003. United States of America to the Republic of Bolivia. United States District Judge for the District NATIONAL FOUNDATION ON THE ARTS AND THE John Randle Hamilton, of North Carolina, of New Jersey. HUMANITIES a Career Member of the Senior Foreign Serv- Alia M. Ludlum, of Texas, to be United David Gelernter, of Connecticut, to be a ice, Class of Minister-Counselor, to be Am- States District Judge for the Western Dis- Member of the National Council on the Arts bassador Extraordinary and Plenipotentiary trict of Texas. for a term expiring September 3, 2006. of the United States of America to the Re- William J. Martini, of New Jersey, to be NATIONAL MUSEUM SERVICES BOARD public of Guatemala. United States District Judge for the District of New Jersey. A. Wilson Greene, of Virginia, to be a OVERSEAS PRIVATE INVESTMENT CORPORATION Thomas W. Phillips, of Tennessee, to be Member of the National Museum Services Collister Johnson, Jr., of Virginia, to be a United States District Judge for the Eastern Board for a term expiring December 6, 2004. Member of the Board of Directors of the District of Tennessee. Judith Ann Rapanos, of Michigan, to be a Overseas Private Investment Corporation for Linda R. Reade, of Iowa, to be United Member of the National Museum Services a term expiring December 17, 2004. States District Judge for the Northern Dis- Board for a term expiring December 6, 2002. DEPARTMENT OF STATE trict of Iowa. Judith Ann Rapanos, of Michigan, to be a John F. Keane, of Virginia, a Career Mem- William E. Smith, of Rhode Island, to be Member of the National Museum Services ber of the Senior Foreign Service, Class of United States District Judge for District of Board for a term expiring December 6, 2007. Minister-Counselor, to be Ambassador Ex- Rhode Island. Maria Mercedes Guillemard, of Puerto traordinary and Plenipotentiary of the Jeffrey S. White, of California, to be Rico, to be a Member of the National Mu- United States of America to the Republic of United States District Judge for the North- seum Services Board for a term expiring De- Paraguay. cember 6, 2005. ern District of California. OVERSEAS PRIVATE INVESTMENT CORPORATION Nancy S. Dwight, of New Hampshire, to be Freda L. Wolfson, of New Jersey, to be a Member of the National Museum Services John L. Morrison, of Minnesota, to be a United States District Judge for District of Board for a term expiring December 6, 2005. Member of the Board of Directors of the New Jersey. Peter Hero, of California, to be a Member Overseas Private Investment Corporation for EXPORT-IMPORT BANK OF THE UNITED STATES of the National Museum Services Board for a a term expiring December 17, 2004. Philip Merrill, of Maryland, to be Presi- term expiring December 6, 2006. INTERNATIONAL JOINT COMMISSION, UNITED dent of the Export-Import Bank of the Thomas E. Lorentzen, of California, to be a STATES AND CANADA United States for the remainder of the term Member of the National Museum Services Allen I. Olson, of Minnesota, to be a Com- expiring January 20, 2005. Board for a term expiring December 6, 2006. missioner on the part of the United States

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.042 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11047 on the International Joint Commission, Her nomination was pending without Administration[.] (2) This has nothing to do United States and Canada. a hearing for more over 4 years—51 with you; don’t take it personally it doesn’t FOREIGN SERVICE months. She was first nominated in matter who the nominee is, what credentials PN2230 Foreign Service nominations (152) January 1997 and renominated and re- they may have or what support they may beginning William Joseph Burns, and ending have—see item number 1.... The fact was, nominated through March of last year a decision had been made to hold the vacan- Michael L. Young, which nominations were when President Bush chose to with- received by the Senate and appeared in the cies and see who won the presidential elec- Congressional Record of October 8, 2002 draw her nomination. Under Repub- tion. With a Bush win, all those seats could PN2231 Foreign Service nominations (144) lican control, the committee averaged go to Bush rather than Clinton nominees. beginning Jon Christopher Karber, and end- hearings on only about eight Courts of As Professor Markus identified, some ing Peter Fernandez, which nominations Appeals nominees a year and, in 2000, on the other side of the aisle held these were received by the Senate and appeared in held only five hearings on Courts of seats open for years for another Presi- the Congressional Record of October 8, 2002 Appeals nominees all year. dent to fill, instead of proceeding fairly NOMINATION OF JOHN M. ROGERS In contrast, Professor Rogers was the on the consensus nominees pending be- Mr. LEAHY. Madam President, last fifteenth Court of Appeals nominee of fore the Senate. Some were unwilling night, the Senate voted to confirm the President Bush to receive a hearing by to move forward, knowing that retire- nomination of John Rogers who is the committee in less than a year since ments and attrition would create four nominated to the U.S. Court of Appeals the reorganization of the Senate Judi- additional seats that would arise natu- for the Sixth Circuit. By confirming ciary Committee. In 16 months we held rally for the next President. That is this nomination, we are trying to move hearings on 20 circuit court nomina- why there are now so many vacancies forward in providing help to the Sixth tions. Professor Rogers was being on the Sixth Circuit. Circuit. Earlier this year, we held a treated much better than Kathleen Had Republicans not blocked Presi- hearing for Judge Julia Gibbons to a McCree Lewis, a distinguished African dent Clinton’s nominees to this court, seat on the Sixth Circuit, who was con- American lawyer from a prestigious if the three Democratic nominees had firmed by the Senate on July 29, 2002 Michigan law firm. She never had a been confirmed and President Bush ap- by a vote of 95 to 0. With last night’s hearing on her 1999 nomination to the pointed the judges to the other vacan- vote, the Democratic-led Senate con- Sixth Circuit during the years it was cies on the Sixth Circuit, that court firmed the 15th judge to our Federal pending before it was withdrawn by would be almost evenly balanced be- Courts of Appeal and our 98th judicial President Bush in March 2001. tween judges appointed by Republicans nominee since the change in Senate Professor Kent Markus, another out- and Democrats. That is what Repub- majority in July 2001. I have placed a standing nominee to a vacancy on the lican obstruction was designed to separate statement in the RECORD on Sixth Circuit that arose in 1999, never avoid, balance. The same is true of a the occasion of confirming that many received a hearing on his nomination number of other circuits, with Repub- of this President’s judicial nominees in before his nomination was returned to licans benefitting from their obstruc- just 16 months. President Clinton without action in tionist practices of the preceding six Republicans often say that almost December 2000. While Professor and a half years. This combined with half of the seats on the Sixth Circuit Markus’ nomination was pending, his President Bush’s refusal to consult are vacant but what they fail to ac- confirmation was supported by individ- with Democratic Senators about these knowledge is that most of those vacan- uals of every political stripe, including matters is particularly troubling. cies arose during the Clinton Adminis- 14 past presidents of the Ohio State Bar Long before some of the recent voices tration and before the change in major- Association and more than 80 Ohio law of concern were raised about the vacan- ity last summer. None, zero, not one of school deans and professors. cies on that court, Democratic Sen- the Clinton nominees to those current Others who supported Professor ators in 1997, 1998, 1999, and 2000 im- vacancies on the Sixth Circuit received Markus include prominent Ohio Repub- plored the Republican majority to give a hearing by the Judiciary Committee licans, including Ohio Supreme Court the Sixth Circuit nominees hearings. under Republican leadership. With the Chief Justice Thomas Moyer, Ohio Su- Those requests, made not just for the confirmation of Professor Rogers, we preme Court Justice Evelyn Stratton, sake of the nominees but for the sake have reduced the number of vacancies Congresswoman DEBORAH PRYCE, and of the public’s business before the on that court to six, but four of those Congressman DAVID HOBSON, the Na- court, were ignored. Numerous articles remaining lack home-State consent tional District Attorneys Association, and editorials urged the Republican due to the President’s failure to ad- and virtually every major newspaper in leadership to act on those nominations. dress the legitimate concerns of Sen- the state. Fourteen former presidents of the ators in that circuit whose nominees In his testimony to the Senate in Michigan State Bar pleaded for hear- were blocked by Republicans during May, Professor Markus summarized his ings on those nominations. The former the period of Republican control of the experience as a federal judicial nomi- Chief Judge of the Sixth Circuit, Judge Senate. nee, demonstrating how the ‘‘history Gilbert Merritt, wrote to the Judiciary The Sixth Circuit vacancies are a regarding the current vacancy backlog Committee Chairman years ago to ask prime and unfortunate legacy of the is being obscured by some.’’ Here are that the nominees get hearings and past partisan obstructionist practices some of things he said: that the vacancies be filled. The Chief under Republican leadership. Vacan- On February 9, 2000, I was the President’s Judge noted that, with four vacancies on the Sixth Circuit were perpet- first judicial nominee in that calendar year. cies—the four vacancies that arose in uated during the last several years of And then the waiting began.... the Clinton administration the Sixth the Clinton administration when the At the time my nomination was pending, Circuit ‘‘is hurting badly and will not Republican majority refused to hold despite lower vacancy rates than the 6th Cir- be able to keep up with its work load hearings on the nominations of Judge cuit, in calendar year 2000, the Senate con- due to the fact that the Senate Judici- Helene White, Kathleen McCree Lewis firmed circuit nominees to the 3rd, 9th and ary Committee has acted on none of and Professor Kent Markus to vacan- Federal Circuits.... No 6th circuit nominee had been afforded a hearing in the prior two the nominations to our Court.’’ He pre- cies in the Sixth Circuit. years. Of the nominees awaiting a Judiciary dicted: ‘‘By the time the next Presi- One of those seats has been vacant Committee hearing, there was no circuit dent is inaugurated, there will be six since 1995, the first term of President with more nominees than the 6th Circuit. vacancies on the Court of Appeals. Al- Clinton. Judge Helene White of the With high vacancies already impacting the most half of the Court will be vacant Michigan Court of Appeals was nomi- 6th Circuit’s performance, and more vacan- and will remain so for most of 2001 due nated in January 1997 and did not re- cies on the way, why, then, did my nomina- to the exigencies of the nomination ceive a hearing on her nomination dur- tion expire without even a hearing? To their process. Although the President has credit, Senator DEWINE and his staff and ing the more than 1,500 days before her nominated candidates, the Senate has Senator HATCH’s staff and others close to nomination was withdrawn by Presi- him were straight with me. refused to take a vote on any of them.’’ dent Bush in March of last year. Judge Over and over again they told me two However, no Sixth Circuit hearings White’s nomination may have set an things: (1) There will be no more confirma- were held in the last three full years of unfortunate record. tions to the 6th Circuit during the Clinton the Clinton administration—almost his

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.041 S14PT2 S11048 CONGRESSIONAL RECORD — SENATE November 14, 2002 entire second presidential term—de- cial activism. No Clinton judicial fessor Rogers appeared to support an spite these pleas. Not one. Since the nominee with such published views expansive view of the power of the ex- shift in majority last summer, the situ- would ever have been confirmed during ecutive branch vis-a-vis Congress. I am ation has been exacerbated further as the period of Republican control. In his hopeful, however, that Professor Rog- two additional vacancies have arisen. writings, Professor Rogers has called ers will recognize the important dif- The committee’s April 25th hearing on lower court judges to reverse higher ference between being a zealous advo- on the nomination of Judge Gibbons to court precedents, if the lower court cate for such positions and being a fair the Sixth Circuit was the first hearing judge thinks the higher court will ulti- and impartial judge sworn to follow on a Sixth Circuit nomination in al- mate reverse its own precedent. Such precedents and the law. most 5 years, even though three out- an activist approach is inappropriate in When he was asked to describe any standing, fair-minded individuals were the lower federal courts. The Supreme work he had handled which was not nominated to the Sixth Circuit by Court itself has noted that lower popular but was nevertheless impor- President Clinton and pending before courts should follow Supreme Court tant, he said that the case which came the Committee for anywhere from one precedent and not anticipate future de- to mind was one in which he defended year to over four years. Judge Gibbons cisions in which the Supreme Court the CIA against a lawsuit seeking dam- was confirmed by the Senate on July may exercise its prerogative to over- ages for the CIA’s illegal opening of the 29, 2002, by a vote of 95 to 0. We did not rule itself. private mail of tens of thousands of stop there, but proceeded to hold a Prognostications about how the Su- U.S. citizens during this 1970s or 1980s. hearing on a second Sixth Circuit preme Court will rule often turns out Those were dark days of overreaching nominee, Professor Rogers, just a few to be wrong. For example, some pre- by the intelligence community against short months later in June. dicted that the Supreme Court would the rights of ordinary law-abiding Just as we held the first hearing on a overturn Miranda, but the Supreme American citizens. Although times Court, in an opinion by Chief Justice Sixth Circuit nominee in many years, have changed forever since the tragic Rehnquist, declined to do so. Similarly, the hearing we held on the nomination events of September 11, I think it is people like Professor Rogers have of Judge Edith Clement to the Fifth important that the American people called on the Supreme Court to over- Circuit last year was the first on a have access to judges who will uphold turn Roe v. Wade, but thus far the Su- Fifth Circuit nominee in seven years the Constitution against government preme Court has rejected calls to re- and she was the first new appellate verse itself in this important decision excesses while also giving acts of Con- judge confirmed to that Court in six regarding the rights of women and has gress the presumption of constitu- years. resisted calls to return this country to tionality to which our laws are entitled When we held a hearing on the nomi- the awful period of dangerous back by precedent. nation of Judge Harris Hartz to the Professor Rogers has repeatedly as- alley abortions. Tenth Circuit last year, it was the first Professor Rogers also suggested in sured the committee, however, that he hearing on a Tenth Circuit nominee in his academic writings that lower court would follow precedent and not seek to six years and he was the first new ap- judges should consider the political overturn decisions affecting the pri- pellate judge confirmed to that Court views of Justices in making the deter- vacy of women or any other decision of in 6 years. When we held the hearing on mination of when lower courts should the Supreme Court. Senator the nomination of Judge Roger Greg- overrule Supreme Court precedent. In MCCONNELL has also personally assured ory to the Fourth Circuit last year, it his answers to the committee, Pro- me that Professor Rogers will not be was the first hearing on a Fourth Cir- fessor Rogers acknowledged that he an activist but is sincerely committed cuit nominee in three years and he was had taken that position but he now to following precedent if he is con- the first appellate judge confirmed to says that lower courts should not look firmed. I sincerely hope that his deci- that court in three years. to the views of Justices expressed in sions on the Sixth Circuit do not prove A number of vacancies continue to speeches or settings other than their us wrong. exist on many Courts of Appeals, in opinions. Also, in his answers to the Mr. HATCH. Madam President, I am large measure because the recent Re- committee, Professor Rogers said he particularly pleased today to speak in publican majority was not willing to would give great weight to Supreme support of the confirmation of John M. hold hearings or vote on half—56 per- Court dicta, or arguments that are not Rogers to the U.S. Court of Appeals for cent—of President Clinton’s Courts of part of the holding of the case. I would the Sixth Circuit. As we know, there is Appeals nominees in 1999 and 2000 and like to take this opportunity to urge a judicial vacancy crisis in the Sixth was not willing to confirm a single him to take seriously the obligation of Circuit and the addition of Mr. ROGERS judge to the Courts of Appeals during a judge to follow precedent and the to the bench represents a positive step the entire 1996 session. holdings of the Supreme Court, rather in alleviating that regrettable situa- From the time the Republicans took than to look to dicta for views that tion. over the Senate in 1995 until the reor- may support his own personal views. I John M. Rogers is currently the ganization of the committee last July, would also urge him resist acting on Thomas P. Lewis Professor at the Uni- circuit vacancies increased from 16 to his academic notion that a judge versity of Kentucky College of Law, 33, more than doubling. Democrats should diverge from precedent when he where he has taught since 1978. He is a have broken with that recent history anticipates that the Supreme Court Phi Beta Kappa graduate of Stanford of inaction. In the last 16 months, we may eventually do so. University and an Order of the Coif have held 26 judicial nominations hear- Professor Rogers has assured us that graduate of the University of Michigan ing, including 20 hearings for circuit he would follow precedent and not Law School, where he served on the court nominees. overrule higher courts, despite his Michigan Law Review. He is an expert Professor Roger’s nomination was clear advocacy of that position in his in international, administrative, and also the fourth judicial nomination writings as a scholar. He has sworn constitutional law and a respected from Kentucky to be considered by the under oath that he would not follow teacher and scholar. committee in its first year, and the the approach that he long advocated. Prior to teaching, Professor Rogers eighth nomination from Kentucky As with President Bush’s Eighth Cir- was an appellate attorney in the Civil overall. There are no judicial vacancies cuit nominee Lavenski Smith, who was Division of the United States Depart- left in the State. confirmed earlier this summer, I am ment of Justice. This work, and a later Professor Rogers of the University of hopeful that Professor Rogers will be a stint at DOJ, led to his being awarded Kentucky College of Law has experi- person of his word: that he will follow a Special Commendation for Out- ence as an appellate litigator and a the law and not seek out opportunities standing Service to the Civil Division teacher, and is a prolific author on a to overturn precedent or decide cases of the U.S. Department of Justice. Rog- number of difficult legal topics. It is in accord with his private beliefs rath- ers has twice been a Fulbright Senior important to note that aspects of his er than his obligations as a judge. Lecturer in the People’s Republic of record raise concerns. As a professor, I would also note that during his ten- China, and is a member of the Council he has been a strong proponent of judi- ure at the Justice Department, Pro- on Foreign Relations. He has also

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.212 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11049 served this country for 28 years as a re- National Labor Relations Board. In employment/labor, and product liabil- serve officer in the U.S. Army Reserve this capacity, she served as the nation- ity cases. While in private practice, Mr. and the Kentucky Army National wide prosecutor of labor law violations, Hovland has gained experience particu- Guard. overseeing election processes, rep- larly helpful for the federal bench. All of these accomplishments and resenting the NLRB before State and Since 1994 he has served as an Adminis- contributions explain why the Amer- Federal courts, and overseeing agency trative Law Judge for North Dakota’s ican Bar Association has rated Pro- personnel and budget matters. Since Office of Administrative Hearings, he fessor Rogers unanimously qualified. I 1989, Ms. Collyer has been a partner at currently serves on the North Dakota agree with that judgment, I applaud Crowell & Moring in Washington, D.C. Parole Board, and he has experience President Bush for making this nomi- Her specialization has been in labor with mediation and arbitration. nation, and I urge all of my colleagues law and employment law. Kent A. Jordan, who has been nomi- to confirm Professor Rogers to the A July 22, 2002 Legal Times article nated to the U.S. District Court for the Sixth Circuit. I am confident he will reported that Ms. Collyer is ‘‘well-re- District of Delaware, comes fully rec- serve with distinction as a Federal garded by her fellow labor lawyers.’’ ommended by Senators BIDEN and judge. One colleague asserted, ‘‘She cares CARPER, and I urge my colleagues to NOMINATIONS OF U.S. DISTRICT COURT about getting it right. She is definitely support him as well. NOMINEES capable of navigating complex cases.’’ Mr. Jordan possesses the experience Mr. HATCH. Madam President, I rise Another stated that during her time of needed for handling the court’s heavy in support of the fine group of district government service, ‘‘she was an oasis caseload of intellectual property, gov- court nominees who are being con- of perceived neutrality. She pandered ernment corruption, and corporate firmed tonight. I have reviewed their to no one.’’ These are traits that will matters. Following graduation from individual records and I find all of undoubtedly serve Ms. Collyer well Georgetown University Law Center in them to be excellent choices for the upon her confirmation to the Federal 1984, he served as a law clerk to the Federal bench. Permit me a moment to bench. Honorable James L. Latchum, judge on highlight the merits of each nominee. Mark E. Fuller, nominated to be a the U.S. District Court for the District U.S. Magistrate Judge Stanley R. U.S. District Court Judge for the Mid- of Delaware. He then worked in private Chesler, our nominee to the District dle District of Alabama, is an excellent practice with a Wilmington, Delaware, Court for the District of New Jersey, choice for the federal bench. After firm, focusing on corporate and com- received his undergraduate degree from graduating from the University of Ala- mercial litigation. From 1987 to 1992, Harpur College. He then went on to do bama School of Law in 1985, Mr. Fuller Mr. Jordan worked in public service as graduate work at Brooklyn College joined the firm of Cassady, Fuller & an Assistant U.S. Attorney for the Dis- where he accumulated 30 graduate Marsh, a small litigation firm special- trict of Delaware, advancing to become credits in education. While working as izing in all aspects of state and federal lead attorney on many civil and crimi- teacher during the day, he graduated practice in rural southeast Alabama. nal issues. magna cum laude and first in his class He became a partner in 1986 and re- Mr. Jordan currently works as a Vice from St. John’s University School of mained with the firm until 1996, han- President and General Counsel for the Law, receiving no less then 12 Amer- dling insurance and corporate defense Corporation Service Company, which ican Jurisprudence Awards and consist- work, and domestic relations, real es- provides registered agent, public ently making the dean’s list. tate, and corporate law matters. Upon graduation, Magistrate Judge From 1987 to 1992 and from 1995 to records filing and retrieval, corporate Chesler joined the Bronx District At- 1996, Mr. Fuller worked as a part-time and intellectual property information torney’s Office and specialized in pros- Assistant District Attorney. In 1996 Mr. management, and litigation informa- ecuting public corruption, organized Fuller accepted the position of Chief tion management services. crime, narcotics and fraud cases. In Assistant District Attorney for Ala- James E. Kinkeade, nominated to the 1980 he became a Special Attorney for bama’s Twelfth Judicial Circuit, serv- U.S. District Court for the Northern the U.S. Department of Justice’s New- ing there until 1997, when he was ap- District of Texas, is a graduate of ark Organized Crime Strike Force, be- pointed District Attorney in the same Baylor University School of Law. fore becoming an Assistant United office. While working in the District Judge Kinkeade began work as a law States Attorney. During his career at Attorney’s office, Mr. Fuller has rep- clerk and then associate for Brewer & the Department of Justice, he was resented the people of Pike and Coffee Price in Irving, Texas. One year later awarded the Special Commendation counties in criminal cases, including he became a partner at Power & Award and the Special Achievement capital murder trials and juvenile and Kinkeade Law Firm. He represented a Award. The nominee was then ap- district court matters. In 1998 Mr. large number of closely held businesses pointed by the New Jersey District Fuller was elected to a full six-year and acted as local counsel for several Court judges to the office of Magistrate term as District Attorney. He oversees national corporations. In addition, he Judge in 1987. Magistrate Judge the operations of the office and con- had an active domestic relations and Chesler has also been recognized by his tinues to handle criminal jury trials. criminal practice. Judge Kinkeade colleagues in receiving an ABA rating Daniel Hovland, nominated to the served as an Associate Municipal Judge of Unanimously Well Qualified. District Court for the District of North for the City of Irving from 1976–1980. Rosemary Collyer, our nominee to Dakota, promises to be an excellent Judge Kinkeade stopped practicing the U.S. District Court for the District federal judge. Upon graduation from law in January of 1981 to become a of Columbia, is a graduate of the Uni- the University of North Dakota School judge for the County Criminal Court in versity of Denver School of Law. She of Law, he served as a law clerk to the Dallas, Texas. In fall of 1981, he became began her career at the Denver firm of Honorable Ralph J. Erickstad on the a judge for the 194th District Court of Sherman & Howard as an associate in North Dakota Supreme Court. He then Texas. Since 1988, Judge Kinkeade has the labor and employment law group. accepted a position with the Office of served on the State of Texas, 5th Dis- Four years later she was nominated by the Attorney General for North Da- trict Court of Appeals. In addition, President Reagan and confirmed by the kota, working as an Assistant Attor- Judge Kinkeade has served as an ad- Senate to be the Chairman of the Fed- ney General and acting as Director of junct professor for over 10 years at the eral Mine Safety and Health Review the Consumer Fraud Division from 1980 Texas Wesleyan School of Law. He re- Commission, which reviews decisions to 1983. ceived the Outstanding Adjunct Pro- of specialized administrative law From there he moved into private fessor award four times while teaching judges who adjudicate cases dealing practice, working with Fleck Mather & Professional Responsibility. with mine safety, health and discrimi- Strutz from 1983 to 1994 and Smith Judge Robert Gary Klausner, who has nation claims under Federal law. Bakke Hovland & Oppegard from 1994 been nominated to the District Court In 1984 Ms. Collyer was nominated by to the present. As a trial lawyer, Mr. for the Central District of California, President Reagan and confirmed by the Hovland handles personal injury, graduated from Loyola Law School Senate to be General Counsel of the wrongful death, medical malpractice, (Los Angeles) in 1967. Though awarded

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.214 S14PT2 S11050 CONGRESSIONAL RECORD — SENATE November 14, 2002 a merit scholarship by Loyola he sup- neys, the American Board of Trial Ad- to work as the sole resident AUSA in ported himself as a gas station attend- vocates, the International Association the Del Rio Division of the U.S. Attor- ant. Upon graduation, he commenced of Defense Counsel, and the Inter- ney’s Office for the Western District of his service as an active duty officer in national Society of Barristers. He has Texas. She was eventually elevated to the U.S. Army, rising to the rank of represented clients on both sides of the the position of Senior Litigation Attor- Captain and receiving the Bronze Star. docket. ney, then promoted to Chief of the Del After leaving the Army, Judge Mr. Leighton was nominated by Rio Division. As an AUSA, Judge Klausner worked as a Deputy District President George H.W. Bush to the Ludlum prosecuted an average of 125 Attorney for Los Angeles County. In same position in the spring of 1992, but felony criminal case per year. In 1997, 1974, he became Court Commissioner to the Democrat-controlled Judiciary Judge Ludlum became a part-time the Pasadena Municipal Court for 6 Committee did not grant him a hear- magistrate judge for the Western Dis- years. In 1980, he became a Judge to ing. I am pleased that we can finally trict of Texas, Del Rio Division. She that Court. Judge Klausner then left vote Mr. Leighton to the federal court, assumed that position on a full-time the Pasadena Municipal Court to be- and I urge my colleagues to join me in basis in 2000. come a Judge for the Los Angeles Su- my support. William J. Martini, who has been perior Court. He has been with the Los Nominated to the U.S. District Court nominated to the U.S. District Court Angeles Superior Court for the last 17 for the District of New Jersey, Judge for the District of New Jersey, has years. This nominee’s life has been Jose Luis Linares immigrated to the solid prosecutorial and private practice dedicated to the people of California United States from Cuba when he was experience, as well as congressional and I cannot urge the Senate enough to 12 years old. He received his under- service all of which will serve him well confirm this well-qualified and well-de- graduate degree from Jersey City State on the federal bench. A graduate of Rutgers School of Law, serving nominee. University in 1975, where he was a Our nominee to the District of New member of the National Honor Society. Mr. Martini served as a law clerk for the Superior Court of New Jersey, be- Jersey, Judge Robert Byron Kugler, He then graduated from Temple Law fore working as an assistant prosecutor graduated from Rutgers, Camden Law School in 1978. During his studies at in the Hudson County (New Jersey) School and then clerked for the Honor- Temple, he was on the Dean’s List for Prosecutor’s Office. He then took a po- able John F. Gerry of the United 2 years and was the recipient of the sition as an assistant U.S. Attorney in States District Court in Camden, New that law school’s Barristers’ Society the U.S. Attorney’s Office in Newark, Jersey. In 1979, he was appointed As- Award for Excellence in Trial Advo- NJ, where he tried a dozen criminal sistant Camden County Prosecutor and cacy. jury trials to completion. Beginning in Judge Linares started his career with then one year later he was appointed 1977, Mr. Martini worked as a sole prac- the New York Department of Investiga- Deputy Attorney General for the New titioner, initially representing crimi- tion, where he supervised white-collar Jersey Department of Law and Public nal defendants and later branching out crime and corruption investigations in Safety. In these positions, he pros- into civil litigation, including plain- the City of New York. Later, as an at- ecuted criminal cases brought by coun- tiff’s personal injury suits and com- ty and/or State law enforcement agen- torney at Horowitz, Bross, Sinnins & mercial contract matters. Following a cies. As a prosecutor, Judge Kugler Imperial, P.A., he was responsible for term serving the people of New Jersey tried over 30 cases to jury verdict and the preparation and trial of both civil in the House of Representatives, he over 100 cases to verdict in bench and criminal cases. In 1982, Judge joined Sills Cummis Radin Tischman trials. Linares started his own law firm, liti- Epstein and Gross as partner, focusing In 1982 Judge Kugler entered private gating both civil and criminal cases on governmental affairs/regulatory law practice and focused on matters of civil with a focus on complex medical mal- and general litigation. and criminal litigation. While in pri- practice and product liability cases. Magistrate Judge Thomas Wade Phil- vate practice, he tried as sole counsel After 18 years as a partner in his own lips, nominated to the District Court to verdict over 50 cases. Before becom- firm, in its many incarnations, he was for the Eastern District of Tennessee, ing a Magistrate Judge, Judge Kugler appointed as a Judge to the New Jersey received his undergraduate degree from qualified for appointment by the New Superior Court in Essex County. He Berea College in 1965. After college, he Jersey Supreme Court as a Certified currently oversees complex medical attended Vanderbilt University School Trial Attorney and Certified Civil Trial malpractice cases in the Civil Division of Law on a full academic scholarship. Attorney. Since 1992, Judge Kugler has of the court. His fellow attorney’s are In law school he was an assistant arti- been a United States Magistrate Judge quite impressed with his record as well. cles editor for the law review and was in the District Court for the District of He has received the highest rating by the recipient of the Dean’s Award for New Jersey. In January of 2002, the the ABA, unanimously Well Qualified. I Best Senior Dissertation. After gradua- Camden County Bar Association pre- am proud to say that I will vote for tion, he was commissioned into the sented its most prestigious award, the this nominee and I recommend him United States Army, Judge Advocate Peter J. Devine Award, to Judge without reservation to the Senate. General Corps, where he received a Ap- Kugler and his wife for their service to Nominated to the U.S. District Court pellate Advocacy Award, Government the community and bar. for the Western District of Texas, Appellate Division, in 1973. During that Ronald B. Leighton, who has been Judge Alia Moses Ludlum, graduated same year, he retired from the military nominated to the U.S. District Court in from the University of Texas School of and earned an LL.M. in Labor Law the Western District of Washington, is Law in 1986. She continued her law from George Washington University a highly experienced and respected fed- school job as a law clerk in the Travis Law School. eral trial attorney. Upon graduation County Attorney’s Office, where she Entering private practice, he was an from UC—Hastings College of Law, Mr. eventually was promoted to Assistant associate at two firms, before becom- Leighton clerked for the Honorable County Attorney. She held a variety of ing a partner at the firm of Baker, Frank Richardson of the California Su- positions in the office, first as Intake Worthington, Cossley, Stansberry & preme Court. He then joined the Ta- Attorney, then as Trial Attorney, and Woolf. During this period, he was elect- coma, WA, firm of Gordon, Thomas, ultimately as Chief of the office’s Ap- ed to and served for nearly fifteen Honeywell, Malanca, Peterson & pellate Division. Her primary responsi- years as the county attorney for Scott Daheim, becoming a partner in 1978. He bility as an Assistant County Attorney County. From 1977 to 1986 he was a has remained with the same firm to the was the prosecution of criminal cases partner at two different firms. In 1986, present day, working as a trial attor- at the trial and appellate levels. She Magistrate Judge Phillips became a ney with emphasis on complex litiga- also handled all civil expunction suits Senior Partner in the firm of Phillips tion in Federal court. and some mental health commitment and Williams. He held this position Mr. Leighton’s excellence as a liti- cases, and represented battered spouses until 1991 when he was appointed gator has not gone unrecognized. in protective order proceedings. United States Magistrate Judge for the Among other honors, he is a member of After 4 years at the County Attor- Eastern District of Tennessee. On Octo- the American College of Trial Attor- ney’s Office, Judge Ludlum was hired ber 17, 2000, he was appointed Chief

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.216 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11051 United States Magistrate Judge for the bench. He received his undergraduate tend Vanderbilt Law School, my own Eastern District of Tennessee. He con- degree from Queens College of the City alma mater, on a full academic schol- tinues to serve in this capacity. The University of New York in 1977. He arship. While at Vanderbilt, he was an ABA has given him their highest rating then graduated magna cum laude from editor of the Law Review and received of Unanimously Well Qualified. the State University of New York, Buf- the Dean’s Award for Best Senior Dis- Upon graduation from Drake Univer- falo’s School of Law in 1980. During his sertation. sity Law School, Judge Linda Reade, studies at SUNY Buffalo, he was a Re- Upon finishing law school, Judge nominated to the U.S. District Court search Editor of the Law Review and Phillips joined the Army Judge Advo- for the Northern District of Iowa, be- graduated first in his class. cate General’s Corps, which awarded came an associate with a Des Moines Upon graduation, Mr. White became him its Outstanding Appellate Advo- area law firm where she worked on liti- a Trial Attorney for the U.S. Depart- cacy Award and the Army Commenda- gation involving federal and state civil ment of Justice, Criminal Division— tion Medal in 1973. While serving in the law. In 1981, she moved to the Des Management/Labor Section. In 1971 he Army, Judge Phillips also received a Moines firm of Rosenberg and joined the U.S. Attorney Office for the master of laws degree from George Margulies, where she worked for three District of Maryland as an Assistant Washington University Law School years litigating federal and state, and U.S. Attorney. During his tenure at here in Washington. civil and criminal law. this position, he was designated as an In 1973, Judge Phillips returned to From 1984 to 1986, Judge Reade outstanding Assistant United States Tennessee and entered the private worked on both federal and state, and Attorney in 1974 and 1976. He then re- practice of law. Public service called civil and criminal cases as a partner in turned to the Department of Justice in him back, however, and in 1976, Judge that firm. In 1986, she became an As- 1977 to work as a Senior Grade Trial Phillips was elected as County Attor- sistant United States Attorney for the Attorney in the Public Integrity Sec- ney for Scott County. Between 1976 and Southern District of Iowa. In 1990, she tion of the Criminal Division. In 1978, 1991, Judge Phillips continued to serve was promoted to Chief of the General Mr. White began a 24 year association as Scott County Attorney, being re- Criminal Division in the United States with the law firm of Orrick, Herrington elected four times, while continuing to Attorney’s Office for the Southern Dis- & Sutciffe. He quickly rose to become engage in private law practice with his trict of Iowa. Since 1993, Judge Reade Chairman of the firm’s Litigation De- own firm in his home town, Oneida. has served as a general jurisdiction partment, a position that he held from During this period, he tried hundreds of State District Court Judge in Des 1985 to 2000. cases. Moines, Iowa, where she has main- Freda L. Wolfson, who has been nom- In 1991, Judge Phillips was appointed tained a low reversal rate. She has also inated to the District Court for the by the judges of the Eastern District of lectured on civil procedure and trial District of New Jersey, is a great Tennessee to serve as a Magistrate practice (1995–2000) and taught trial choice for the federal court. Upon grad- Judge in Knoxville, the position he practice for two semesters at Drake uation from Rutgers University School continues to hold. During the time he University Law School (1988 and 1990). of Law, Judge Wolfson was a litigation has served as Magistrate Judge, he has Judge Reade is well prepared to serve associate at Lowenstein, Sandler, Kohl, earned the respect of all who have ap- as a district court judge. Fisher & Boylan. Her practice mostly peared before him for his demeanor, William E. Smith, who has been nom- involved commercial litigation and em- courtesy, and intellect. During the rig- inated to the U.S. District Court for ployment litigation. She also rep- orous screening process that Senator the District of Rhode Island, joined Ed- resented a habeas corpus petitioner in FRIST and I undertook to review the wards & Angell, LLP, right after law federal court and represented several records of interested candidates for school, and he is a member of the criminal defendants as pro bono coun- this judgeship, we heard uniformly and firm’s labor, employment, and litiga- sel. highly favorable comments about tion departments. His practice has in- From 1981–1986, she was a litigation Judge Phillips. cluded representing management in associate at Clapp & Eisenberg where I think the record before the com- union contract negotiations, union or- she focused on commercial litigation, mittee demonstrates his outstanding ganizing drives, arbitration pro- employment litigation, and defense of qualifications. I cite just one example. ceedings, employment discrimination ski areas. In addition, she frequently In over 11 years on the bench, out of matters, sexual harassment, wage and appeared before the New Jersey Casino thousands of decisions and rec- hour law, OSHA, OFCCP compliance Control Commission. In 1986, Judge ommendations, Judge Phillips has been and investigations, and other Depart- Wolfson was appointed a United States reversed on just two occasions, and on ment of Labor investigations. Magistrate Judge, District of New Jer- only one occasion has a District Judge While at his firm, in 1993, Mr. Smith sey. Since 1990, she has presided over 32 rejected his recommendations. successfully competed to become City civil trials, 18 jury trials, and 14 bench Judge Phillips has excelled not only Solicitor of Warwick, Rhode Island trials. She has served on the Third Cir- in his professional career, but in his (under Mayor Lincoln Chafee). As such, cuit’s Task Force for Indigent Liti- commitment to his community as well. he led a team of lawyers who took over gants in Civil Cases since 1998. He has promoted legal education by all of the city’s legal work for a fixed I am proud to support all of these serving as a member of the Inns of fee. He was also retained that year to nominees. They have excellent edu- Court and by teaching at the Univer- be legal counsel to the Rhode Island cational backgrounds, they have ter- sity of Tennessee Law School. He is an Secretary of State, performing labor, rific legal experience, and they have Elder of the Huntsville Presbyterian employment and other matters. In 1994, the temperament to excel on the Church, a member of the American Le- he was hired by the Rhode Island De- bench. I urge my colleagues to join me gion, and a leader of the American, partment of Administration as outside in my unqualified support. Tennessee, Scott County, and Knox- labor-litigation counsel for a number NOMINATION OF JUDGE THOMAS PHILLIPS ville Bar Associations. In private prac- of arbitration cases. He also worked for Mr. THOMPSON. Madam President, I tice, Judge Phillips provided extensive the Rhode Island courts during an or- am very pleased that the Senate is tak- pro bono services and served on the ganizing drive of clerical employees ing up the nomination of judge Thomas boards of Scott County Hospital and and a restructuring of the court system Phillips, who is the President’s nomi- Opportunities for the Handicapped. and as a judge on the municipal court nee to fill a vacancy on the United I would be remiss if I failed to note for 41⁄2 years. Mr. Smith has since re- States District Court for the Eastern the importance of moving forward with turned to private practice with Ed- District of Tennessee. this nomination. Traditionally, two wards & Angell. Judge Phillips was born and raised in district judges sit in Knoxville, Ten- Jeffery Steven White, who has been Scott County, TN, the home county of nessee’s third largest city. Late last nominated to the Northern District of our former colleague, Senator Howard year and early this year, Judge Jordan California, is a prime example of the Baker. His academic record is superb. and Judge Jarvis respectively assumed high quality attorneys that President A Phi Beta Kappa graduate of Berea senior status, leaving the district court Bush has nominated to the Federal College in Kentucky, he went on to at- in Knoxville with no active judges. I

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.218 S14PT2 S11052 CONGRESSIONAL RECORD — SENATE November 14, 2002 want to express my thanks and appre- Theft Hotline represents only 5 to 10 percent ø(5) IDENTITY THEFT.—The term ‘‘identity ciation to both senior judges for the of the actual number of victims of identity theft’’ means an actual or potential viola- service they rendered for many years theft; tion of section 1028 of title 28, United States ø on the Federal bench in Knoxville. (5) victims of identity theft often have ex- Code, or any other similar provision of Fed- traordinary difficulty restoring their credit eral or State law. I am confident that there is no one and regaining control of their identity be- ø(6) MEANS OF IDENTIFICATION.—The term better qualified to fill the large hold cause of the viral nature of identity theft; ‘‘means of identification’’ has the meanings left by Judge Jordan and Judge Jarvis ø(6) identity theft may be ruinous to the given the terms ‘‘identification document’’ than Judge Phillips. I am pleased to good name and credit of consumers whose and ‘‘means of identification’’ in section 1028 endorse Judge Phillips and urge my identities are misappropriated, and victims of title 18, United States Code. colleagues to support his nomination. of identity theft may be denied otherwise ø(7) VICTIM.—The term ‘‘victim’’ means a well-deserved credit, may have to spend consumer whose means of identification or f enormous time, effort, and sums of money to financial information has been used or trans- NOMINATION OF EUGENE SCALIA— remedy their circumstances, and may suffer ferred (or has been alleged to have been used extreme emotional distress including deep or transferred) without the authority of that MOTION TO PROCEED depression founded in profound frustration consumer with the intent to commit, or to Mr. GRASSLEY. Mr. President, I as they address the array of problems that aid or abet, identity theft or any other viola- move to proceed to consider the nomi- may arise as a result of identity theft; tion of law. nation of Eugene Scalia to be solicitor ø(7) victims are often required to contact øSEC. 4. IDENTITY THEFT TREATED AS RACKET- for the Department of Labor. numerous Federal, State, and local law en- EERING ACTIVITY. forcement agencies, consumer credit report- ø The PRESIDING OFFICER. The Section 1961(1)(B) of title 18, United ing agencies, and creditors over many years, States Code, is amended by inserting ‘‘, or question is on agreeing to the motion. as each event of fraud arises; any similar offense chargeable under State The motion is not agreed to. ø(8) the Government, business entities, and law’’ after ‘‘identification documents)’’. f credit reporting agencies have a shared re- øSEC. 5. TREATMENT OF IDENTITY THEFT MITI- sponsibility to assist identity theft victims, GATION. LEGISLATIVE SESSION to mitigate the harm that results from fraud ø(a) INFORMATION AVAILABLE TO VICTIMS.— The PRESIDING OFFICER. Under perpetrated in the victim’s name; ø(1) IN GENERAL.—A business entity pos- ø(9) victims of identity theft need a nation- sessing information relating to an identity the previous order, the Senate will really standardized means of— sume legislative session. theft, or who may have entered into a trans- ø(A) reporting identity theft to law en- action, provided credit, products, goods, or f forcement, consumer credit reporting agen- services, accepted payment, or otherwise cies, and business entities; and done business with a person that has made IDENTITY THEFT VICTIMS ø(B) evidencing their true identity to busi- unauthorized use of the means of identifica- ASSISTANCE ACT OF 2002 ness entities and credit reporting agencies; tion of the victim, shall, not later than 10 ø(10) one of the greatest law enforcement days after receipt of a written request by the Mr. REID. Mr. President, I ask unan- challenges posed by identity theft is that imous consent that the Senate proceed victim, provide, without charge, to the vic- stolen identities are often used to perpetrate tim or to any Federal, State, or local gov- to the consideration of Calendar No. crimes in many different localities in dif- erning law enforcement agency or officer 382, S. 1742. ferent States, and although identity theft is specified by the victim copies of all related The PRESIDING OFFICER. The a Federal crime, most often, State and local application and transaction information and clerk will report the bill by title. law enforcement agencies are responsible for any information required pursuant to sub- The assistant legislative clerk read investigating and prosecuting the crimes; section (b). as follows: and ø(2) RULE OF CONSTRUCTION.—Nothing in ø(11) the Federal Government should assist this section requires a business entity to dis- A bill (S. 1742) to prevent the crime of iden- State and local law enforcement agencies to close information that the business entity is tity theft, mitigate the harm to individuals effectively combat identity theft and the as- otherwise prohibited from disclosing under victimized by identity theft, and for other sociated fraud. any other provision of Federal or State law, purposes. øSEC. 3. DEFINITIONS. except that any such provision of law that There being no objection, the Senate øIn this Act, the following definitions shall prohibits the disclosure of financial informa- proceeded to consider the bill which apply: tion to third parties shall not be used to had been reported from the Committee ø(1) BUSINESS ENTITY.—The term ‘‘business deny disclosure of information to the victim on the Judiciary with an amendment entity’’ means— under this section. to strike all after the enacting clause ø(A) a creditor, as that term is defined in ø(b) VERIFICATION OF IDENTITY.— ø and inserting in lieu thereof the fol- section 103 of the Truth in Lending Act (15 (1) IN GENERAL.—Unless a business entity U.S.C. 1602); is otherwise able to verify the identity of a lowing: ø(B) any financial information repository; victim making a request under subsection [Strike the part printed in black ø(C) any financial service provider; and (a)(1), the victim shall provide to the busi- brackets and insert the part printed in ø(D) any corporation, trust, partnership, ness entity as proof of positive identifica- italic.] sole proprietorship, or unincorporated asso- tion, at the election of the business entity— S. 1742 ciation (including telecommunications, util- ø(A) a copy of a police report evidencing ities, and other service providers). the claim of the victim of identity theft; Be it enacted by the Senate and House of Rep- ø(2) CONSUMER.—The term ‘‘consumer’’ ø(B) a copy of a standardized affidavit of resentatives of the United States of America in means an individual. identity theft developed and made available Congress assembled, ø(3) FINANCIAL INFORMATION.—The term by the Federal Trade Commission; or ø SECTION 1. SHORT TITLE. ‘‘financial information’’ means information ø(C) any affidavit of fact that is acceptable øThis Act may be cited as the ‘‘Restore identifiable as relating to an individual con- to the business entity for that purpose. Your Identity Act of 2001’’. sumer that concerns the amount and condi- ø(c) LIMITATION ON LIABILITY.—No business øSEC. 2. FINDINGS. tions of the assets, liabilities, or credit of entity may be held liable for an action taken øCongress finds that— the consumer, including— in good faith to provide information under ø(1) the crime of identity theft is the fast- ø(A) account numbers and balances; this section with respect to an individual in est growing crime in the United States; ø(B) nonpublic personal information, as connection with an identity theft to other fi- ø(2) the Federal Trade Commission reports that term is defined in section 509 of the nancial information repositories, financial that between March and June of 2001, the Gramm-Leach-Bliley Act (15 U.S.C. 6809); and service providers, merchants, law enforce- total number of identity theft victims in the ø(C) codes, passwords, social security num- ment authorities, victims, or any person Commission’s Complaint Clearinghouse Sys- bers, tax identification numbers, State iden- alleging to be a victim, if— tem, tallied from November 1999, increased tifier numbers issued by a State department ø(1) the business entity complies with sub- from 45,593 to 69,370; of licensing, and other information used for section (b); and ø(3) consumer inquiries and complaints to the purpose of account access or transaction ø(2) such action was taken— the Federal Trade Commission Identity initiation. ø(A) for the purpose of identification and Theft Hotline increased from 68,000 to over ø(4) FINANCIAL INFORMATION REPOSITORY.— prosecution of identity theft; or 97,000 over the same 3-month period, and con- The term ‘‘financial information repository’’ ø(B) to assist a victim in recovery of fines, sumer calls into the Hotline increased in the means a person engaged in the business of restitution, rehabilitation of the credit of same period from 1,800 calls per week to over providing services to consumers who have a the victim, or such other relief as may be ap- 2,000; credit, deposit, trust, stock, or other finan- propriate. ø(4) the Federal Trade Commission esti- cial services account or relationship with ø(d) AUTHORITY TO DECLINE TO PROVIDE IN- mates that the call volume to the Identity that person. FORMATION.—A business entity may decline

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.220 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11053 to provide information pursuant to sub- øSEC. 7. COMMISSION STUDY OF COORDINATION ø(C) obtain damage, restitution, or other section (a) if, in the exercise of good faith BETWEEN FEDERAL, STATE, AND compensation on behalf of residents of the and reasonable judgment, the business entity LOCAL AUTHORITIES IN ENFORCING State; or believes that— IDENTITY THEFT LAWS. ø(D) obtain such other relief as the court ø(1) this section does not require disclosure ø(a) MEMBERSHIP.—Section 2(b) of the may consider to be appropriate. of the information; or Internet False Identification Prevention Act ø(2) NOTICE.— ø(2) the request for the information is of 2000 (18 U.S.C. 1028 note) is amended by in- ø(A) IN GENERAL.—Before filing an action based on a misrepresentation of fact by the serting ‘‘the Postmaster General, the Com- under paragraph (1), the attorney general of victim relevant to the request for informa- missioner of the United States Customs the State involved shall provide to the At- tion. Service,’’ after ‘‘Trade Commissioner’’. torney General of the United States— ø(b) CONSULTATION.—Section 2 of the Inter- ø(e) NO NEW RECORDKEEPING OBLIGATION.— ø(i) written notice of the action; and Nothing in this section creates an obligation net False Identification Prevention Act of ø(ii) a copy of the complaint for the action. on the part of a business entity to retain or 2000 (18 U.S.C. 1028 note) is amended— ø(B) EXEMPTION.— ø maintain information or records that are not (1) by redesignating subsection (d) as sub- ø(i) IN GENERAL.—Subparagraph (A) shall otherwise required to be retained or main- section (e); and not apply with respect to the filing of an ac- ø tained in the ordinary course of its business (2) by inserting after subsection (c) the tion by an attorney general of a State under or under other applicable law. following: this subsection, if that attorney general de- ø‘‘(d) CONSULTATION.—The coordinating termines that it is not feasible to provide the ø SEC. 6. AMENDMENTS TO THE FAIR CREDIT RE- committee shall consult with interested par- notice described in subparagraph (A) before PORTING ACT. ties, including State and local law enforce- the filing of the action. ø(a) CONSUMER REPORTING AGENCY BLOCK- ment agencies, State attorneys general, rep- ø(ii) NOTIFICATION.—In an action described ING OF INFORMATION RESULTING FROM IDEN- resentatives of business entities (as that in clause (i), the attorney general of a State TITY THEFT.—Section 611 of the Fair Credit term is defined in section 4 of the Restore shall provide notice and a copy of the com- Reporting Act (15 U.S.C. 1681i) is amended by Your Identity Act of 2001), including tele- plaint to the Attorney General of the United adding at the end the following: communications and utility companies, and States at the same time as the action is ø‘‘(e) BLOCK OF INFORMATION RESULTING organizations representing consumers.’’. filed. FROM IDENTITY THEFT.— ø(c) REPORT CONTENTS.—Section 2(e) of the ø(b) INTERVENTION.— ø‘‘(1) BLOCK.—Not later than 30 days after Internet False Identification Prevention Act ø(1) IN GENERAL.—On receiving notice of an the date of receipt of proof of the identity of of 2000 (18 U.S.C. 1028 note) (as redesignated action under subsection (a)(2), the Attorney a consumer and an official copy of a police by this section) is amended— General of the United States shall have the report evidencing the claim of the consumer ø(1) in subparagraph (E), by striking ‘‘and’’ right to intervene in that action. of identity theft, a consumer reporting agen- at the end; and ø(2) EFFECT OF INTERVENTION.—If the At- cy shall permanently block the reporting of ø(2) by striking subparagraph (F) and in- torney General of the United States inter- any information identified by the consumer serting the following: venes in an action under subsection (a), the in the file of the consumer resulting from ø‘‘(F) a comprehensive description of Fed- Attorney General shall have the right to be the identity theft, so that the information eral assistance to address identity theft pro- heard with respect to any matter that arises cannot be reported, except as provided in vided to State and local law enforcement in that action. paragraph (3). agencies; ø(c) CONSTRUCTION.—For purposes of bring- ø‘‘(2) NOTIFICATION.—A consumer reporting ø‘‘(G) a comprehensive description of co- ing any civil action under subsection (a), agency shall promptly notify the furnisher of ordination activities between Federal, State, nothing in this Act or the amendments made information identified by the consumer and local law enforcement agencies in regard by this Act shall be construed to prevent an under paragraph (1) that the information to addressing identity theft and rec- attorney general of a State from exercising may be a result of identity theft, that a po- ommendations, if any, for legislative the powers conferred on such attorney gen- lice report has been filed, that a block has changes that could facilitate more effective eral by the laws of that State— been requested under this subsection, and investigation and prosecution of the creation ø(1) to conduct investigations; the effective date of the block. and distribution of false identification docu- ø(2) to administer oaths or affirmations; or ø‘‘(3) AUTHORITY TO DECLINE OR RESCIND.— ments; ø(3) to compel the attendance of witnesses ø‘‘(A) IN GENERAL.—A consumer reporting ø‘‘(H) a comprehensive description of how or the production of documentary and other agency may decline to block, or may rescind the Federal Government can best provide to evidence. any block, of consumer information under State and local law enforcement agencies ø(d) ACTIONS BY THE ATTORNEY GENERAL OF this subsection if— timely and current information regarding THE UNITED STATES.—In any case in which an ø‘‘(i) in the exercise of good faith and rea- terrorists or terrorist activity where such inaction is instituted by or on behalf of the At- sonable judgment, the consumer reporting formation specifically relates to identity torney General of the United States for vio- agency believes that— theft; and lation of a practice that is prohibited under ø‘‘(I) the information was blocked due to a ø‘‘(I) recommendations, if any, for legisla- this Act or under any amendment made by misrepresentation of fact by the consumer tive or administrative changes that would— this Act, no State may, during the pendency relevant to the request to block; or ø‘‘(i) facilitate more effective investigation of that action, institute an action under sub- ø‘‘(II) the consumer knowingly obtained and prosecution of cases involving identity section (a) against any defendant named in possession of goods, services, or moneys as a theft; the complaint in that action for violation of result of the blocked transaction or trans- ø‘‘(ii) improve the effectiveness of Federal that practice. actions, or the consumer should have known assistance to State and local law enforce- ø(e) VENUE; SERVICE OF PROCESS.— that the consumer obtained possession of ment agencies and coordination between ø(1) VENUE.—Any action brought under goods, services, or moneys as a result of the Federal, State, and local law enforcement subsection (a) may be brought in the district blocked transaction or transactions; or agencies; court of the United States that meets appli- ø‘‘(ii) the consumer agrees that the ø‘‘(iii) simplify efforts by a person nec- cable requirements relating to venue under blocked information or portions of the essary to rectify the harm that results from section 1391 of title 28, United States Code. blocked information were blocked in error. the theft of the identity of the person; and ø(2) SERVICE OF PROCESS.—In an action ø‘‘(B) NOTIFICATION TO CONSUMER.—If the ø‘‘(iv) if deemed appropriate, provide for brought under subsection (a), process may be block of information is declined or rescinded the establishment of a Federal identity theft served in any district in which the defend- under this paragraph, the affected consumer and false identification office or agency.’’. ant— ø shall be notified promptly, in the same man- øSEC. 8. ENFORCEMENT BY STATE ATTORNEYS (A) is an inhabitant; or ner as consumers are notified of the reinser- GENERAL. ø(B) may be found.¿ tion of information pursuant to subsection ø(a) IN GENERAL.— SECTION 1. SHORT TITLE. (a)(5)(B). ø(1) CIVIL ACTIONS.—In any case in which This Act may be cited as the ‘‘Identity Theft ø‘‘(C) SIGNIFICANCE OF BLOCK.—For pur- the attorney general of a State has reason to Victims Assistance Act of 2002’’. poses of this paragraph, the prior presence of believe that an interest of the residents of SEC. 2. FINDINGS. blocked information in the file of a con- that State has been or is threatened or ad- Congress finds that— sumer is not evidence of whether the con- versely affected by the engagement of any (1) the crime of identity theft is the fastest sumer knew or should have known that the person in a practice that is prohibited under growing crime in the United States; consumer obtained possession of any goods, this Act or under any amendment made by (2) victims of identity theft often have extraor- services, or monies as a result of the block.’’. this Act, the State, as parens patriae, may dinary difficulty restoring their credit and re- ø(b) STATUTE OF LIMITATIONS.—Section 618 bring a civil action on behalf of the residents gaining control of their identity because of the of the Fair Credit Reporting Act (15 U.S.C. of the State in a district court of the United viral nature of identity theft; 1681p) is amended by striking ‘‘jurisdiction’’ States of appropriate jurisdiction to— (3) identity theft may be ruinous to the good and all that follows through ‘‘years after’’ ø(A) enjoin that practice; name and credit of consumers whose identities and inserting ‘‘jurisdiction, not later than 2 ø(B) enforce compliance with this Act or are misappropriated, and victims of identity years after’’. the amendments made by this Act; theft may be denied otherwise well-deserved

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 6333 E:\CR\FM\A14NO6.048 S14PT2 S11054 CONGRESSIONAL RECORD — SENATE November 14, 2002 credit, may have to spend enormous time, effort, ferred) without the authority of that consumer provide information pursuant to paragraph (1) and sums of money to remedy their cir- with the intent to commit, or to aid or abet, if, in the exercise of good faith and reasonable cumstances, and may suffer extreme emotional identity theft or any other violation of law. judgment, the business entity believes that— distress including deep depression founded in SEC. 4. TREATMENT OF IDENTITY THEFT MITIGA- ‘‘(A) this subsection does not require disclo- profound frustration as they address the array TION. sure of the information; or of problems that may arise as a result of identity Section 1028 of title 18, United States Code, is ‘‘(B) the request for the information is based theft; amended by adding at the end the following: on a misrepresentation of fact by the victim rel- (4) victims are often required to contact nu- ‘‘(i) TREATMENT OF IDENTITY THEFT MITIGA- evant to the request for information. merous Federal, State, and local law enforce- TION.— ‘‘(5) NO NEW RECORDKEEPING OBLIGATION.— ment agencies, consumer credit reporting agen- ‘‘(1) INFORMATION AVAILABLE TO VICTIMS.— Nothing in this subsection creates an obligation cies, and creditors over many years, as each ‘‘(A) IN GENERAL.—A business entity that pos- on the part of a business entity to obtain, re- event of fraud arises; sesses information relating to an alleged identity tain, or maintain information or records that (5) the Government, business entities, and theft, or that has entered into a transaction, are not otherwise required to be retained or credit reporting agencies have a shared respon- provided credit, products, goods, or services, ac- maintained in the ordinary course of its business or under other applicable law. sibility to assist identity theft victims, to miti- cepted payment, or otherwise done business ‘‘(6) NOTIFICATION SYSTEM.— gate the harm that results from fraud per- with a person that has made unauthorized use of the means of identification of the victim, ‘‘(A) IN GENERAL.—A business entity may es- petrated in the victim’s name; tablish and maintain a notification system for (6) victims of identity theft need a nationally shall, not later than 20 days after the receipt of a written request by the victim under paragraph the business entity to comply with this sub- standardized means of— section, including a toll-free telephone number (A) reporting identity theft to consumer credit (2), provide, without charge, a copy of all application and transaction information related to and a mailing address. reporting agencies and business entities; and ‘‘(B) REQUIREMENTS.—A notification system the transaction being alleged as a potential or (B) evidencing their true identity and claim of under subparagraph (A) shall permit any person actual identity theft to— identity theft to consumer credit reporting agen- to make a request to, or to correspond with, the ‘‘(i) the victim; cies and business entities; business entity under this subsection, provided (7) one of the greatest law enforcement chal- ‘‘(ii) any Federal, State, or local governing law enforcement agency or officer specified by that— lenges posed by identity theft is that stolen ‘‘(i) the business entity informs the person— identities are often used to perpetrate crimes in the victim; or ‘‘(I) that any person may request information ‘‘(iii) any law enforcement agency inves- many different localities in different States, and under this subsection; and tigating the identity theft and authorized by the although identity theft is a Federal crime, most ‘‘(II) of the address and toll-free telephone victim to take receipt of records provided under often, State and local law enforcement agencies number established and maintained for this pur- this subsection. are responsible for investigating and prosecuting pose; and ‘‘(B) RULE OF CONSTRUCTION.— ‘‘(ii) a person representing the business enti- the crimes; and ‘‘(i) IN GENERAL.—No provision of Federal or ty— (8) the Federal Government should assist State State law prohibiting the disclosure of financial and local law enforcement agencies to effec- ‘‘(I) responds to an information request information to third parties shall be used to through the toll-free number within 3 business tively combat identity theft and the associated deny disclosure of information to the victim fraud. days of receiving the request; and under this subsection. ‘‘(II) facilitates the provision of such informa- SEC. 3. DEFINITIONS. ‘‘(ii) LIMITATION.—Except as provided in tion to the person who initiated the request.’’. In this Act, the following definitions shall clause (i), nothing in this subsection requires a SEC. 5. AMENDMENTS TO THE FAIR CREDIT RE- apply: business entity to disclose information that the PORTING ACT. (1) BUSINESS ENTITY.—The term ‘‘business en- business entity is otherwise prohibited from dis- (a) CONSUMER REPORTING AGENCY BLOCKING tity’’ means— closing under any other provision of Federal or OF INFORMATION RESULTING FROM IDENTITY (A) a creditor, as that term is defined in sec- State law. THEFT.—Section 611 of the Fair Credit Report- tion 103 of the Truth in Lending Act (15 U.S.C. ‘‘(2) VERIFICATION OF IDENTITY AND CLAIM.— ing Act (15 U.S.C. 1681i) is amended by adding 1602); Unless a business entity, at its discretion, is oth- at the end the following: (B) any financial information repository; erwise able to verify the identity of a victim ‘‘(e) BLOCK OF INFORMATION RESULTING FROM (C) any financial service provider; and making a request under subsection (a)(1), the IDENTITY THEFT.— (D) any corporation, trust, partnership, sole victim shall provide to the business entity— ‘‘(1) BLOCK.—Except as provided in para- proprietorship, or unincorporated association ‘‘(A) as proof of positive identification— graph (3) and not later than 30 days after the (including telecommunications, utilities, and ‘‘(i) the presentation of a government-issued date of receipt of proof of the identity of a con- other service providers). identification card; sumer and an official copy of a police report evi- (2) CONSUMER.—The term ‘‘consumer’’ means ‘‘(ii) if providing proof by mail, a copy of a dencing the claim of the consumer of identity an individual. government-issued identification card; or theft, a consumer reporting agency shall perma- (3) FINANCIAL INFORMATION.—The term ‘‘(iii) upon the request of the person seeking nently block the reporting of any information ‘‘financial information’’ means information business records, the business entity may inform identified by the consumer in the file of the con- identifiable as relating to an individual con- the requesting person of the categories of identi- sumer resulting from the identity theft, so that sumer that concerns the amount and conditions fying information that the unauthorized person the information cannot be reported, except as of the assets, liabilities, or credit of the con- provided the business entity as personally iden- provided in paragraph (3). sumer, including— tifying information, and may require the re- ‘‘(2) NOTIFICATION.—A consumer reporting (A) account numbers and balances; questing person to provide identifying informa- agency shall promptly notify the furnisher of (B) nonpublic personal information, as that tion in those categories; and information identified by the consumer under term is defined in section 509 of the Gramm- ‘‘(B) as proof of a claim of identity theft, at paragraph (1)— Leach-Bliley Act (15 U.S.C. 6809); and the election of the business entity— ‘‘(A) that the information may be a result of ‘‘(i) a copy of a police report evidencing the (C) codes, passwords, social security numbers, identity theft; claim of the victim of identity theft; tax identification numbers, State identifier num- ‘‘(B) that a police report has been filed; ‘‘(ii) a copy of a standardized affidavit of bers issued by a State department of licensing, ‘‘(C) that a block has been requested under identity theft developed and made available by and other information used for the purpose of this subsection; and the Federal Trade Commission; or account access or transaction initiation. ‘‘(D) of the effective date of the block. ‘‘(iii) any affidavit of fact that is acceptable ‘‘(3) AUTHORITY TO DECLINE OR RESCIND.— (4) FINANCIAL INFORMATION REPOSITORY.—The to the business entity for that purpose. ‘‘(A) IN GENERAL.—A consumer reporting term ‘‘financial information repository’’ means ‘‘(3) LIMITATION ON LIABILITY.—No business agency may decline to block, or may rescind any a person engaged in the business of providing entity may be held liable for a disclosure, made block, of consumer information under this sub- services to consumers who have a credit, de- in good faith and reasonable judgment, to pro- section if— posit, trust, stock, or other financial services ac- vide information under this section with respect ‘‘(i) in the exercise of good faith and reason- count or relationship with that person. to an individual in connection with an identity able judgment, the consumer reporting agency (5) IDENTITY THEFT.—The term ‘‘identity theft to other financial information repositories, believes that— theft’’ means an actual or potential violation of financial service providers, merchants, law en- ‘‘(I) the information was blocked due to a mis- section 1028 of title 18, United States Code, or forcement authorities, victims, or any person representation of fact by the consumer relevant any other similar provision of Federal or State alleging to be a victim, if— to the request to block; or law. ‘‘(A) the business entity complies with para- ‘‘(II) the consumer knowingly obtained pos- (6) MEANS OF IDENTIFICATION.—The term graph (2); and session of goods, services, or moneys as a result ‘‘means of identification’’ has the meanings ‘‘(B) such disclosure was made— of the blocked transaction or transactions, or given the terms ‘‘identification document’’ and ‘‘(i) for the purpose of detection, investiga- the consumer should have known that the con- ‘‘means of identification’’ in section 1028 of title tion, or prosecution of identity theft; or sumer obtained possession of goods, services, or 18, United States Code. ‘‘(ii) to assist a victim in recovery of fines, res- moneys as a result of the blocked transaction or (7) VICTIM.—The term ‘‘victim’’ means a con- titution, rehabilitation of the credit of the vic- transactions; or sumer whose means of identification or finan- tim, or such other relief as may be appropriate. ‘‘(ii) the consumer agrees that the blocked in- cial information has been used or transferred (or ‘‘(4) AUTHORITY TO DECLINE TO PROVIDE IN- formation or portions of the blocked information has been alleged to have been used or trans- FORMATION.—A business entity may decline to were blocked in error.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 E:\CR\FM\A14NO6.048 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11055

‘‘(B) NOTIFICATION TO CONSUMER.—If the (2) in subsection (c), by striking ‘‘2 years’’ and (1) IN GENERAL.—On receiving notice of an ac- block of information is declined or rescinded inserting ‘‘6 years’’. tion under subsection (a)(2), the Attorney Gen- under this paragraph, the affected consumer (b) CONSULTATION.—Section 2 of the Internet eral of the United States shall have the right to shall be notified promptly, in the same manner False Identification Prevention Act of 2000 (18 intervene in that action. as consumers are notified of the reinsertion of U.S.C. 1028 note) is amended— (2) EFFECT OF INTERVENTION.—If the Attorney information under subsection (a)(5)(B). (1) by redesignating subsection (d) as sub- General of the United States intervenes in an ‘‘(C) SIGNIFICANCE OF BLOCK.—For purposes section (e); and action under subsection (a), the Attorney Gen- of this paragraph, the prior presence of blocked (2) by inserting after subsection (c) the fol- eral shall have the right to be heard with re- information in the file of a consumer is not evi- lowing: spect to any matter that arises in that action. dence of whether the consumer knew or should ‘‘(d) CONSULTATION.—The coordinating com- (3) SERVICE OF PROCESS.—Upon request of the have known that the consumer obtained posses- mittee shall consult with interested parties, in- Attorney General of the United States, the at- sion of any goods, services, or monies as a result cluding State and local law enforcement agen- torney general of a State that has filed an ac- of the block. cies, State attorneys general, representatives of tion under subsection (a) shall, pursuant to ‘‘(4) EXCEPTION.—A consumer reporting agen- business entities (as that term is defined in sec- Rule 4(d)(4) of the Federal Rules of Civil Proce- cy shall not be required to comply with this sub- tion 4 of the Identity Theft Victims Assistance dure, serve the Government with— section when the agency is issuing information Act of 2002), including telecommunications and (A) a copy of the complaint; and for authorizations, for the purpose of approving utility companies, and organizations rep- (B) written disclosure of substantially all ma- or processing negotiable instruments, electronic resenting consumers.’’. terial evidence and information in the posses- funds transfers, or similar methods of payment, (c) REPORT CONTENTS.—Section 2(e) of the sion of the attorney general of the state. based solely on negative information, includ- Internet False Identification Prevention Act of (c) CONSTRUCTION.—For purposes of bringing ing— 2000 (18 U.S.C. 1028 note) (as redesignated by any civil action under subsection (a), nothing in ‘‘(A) dishonored checks; this section) is amended— this Act or the amendments made by this Act ‘‘(B) accounts closed for cause; (1) in subparagraph (E), by striking ‘‘and’’ at shall be construed to prevent an attorney gen- ‘‘(C) substantial overdrafts; the end; and eral of a State from exercising the powers con- ‘‘(D) abuse of automated teller machines; or (2) by striking subparagraph (F) and inserting ferred on such attorney general by the laws of ‘‘(E) other information which indicates a risk the following: that State— of fraud occurring.’’. ‘‘(F) a comprehensive description of Federal (1) to conduct investigations; (b) FALSE CLAIMS.—Section 1028 of title 18, assistance provided to State and local law en- (2) to administer oaths or affirmations; or United States Code, is amended by adding at the forcement agencies to address identity theft; (3) to compel the attendance of witnesses or end the following: ‘‘(G) a comprehensive description of coordina- the production of documentary and other evi- ‘‘(j) Whoever knowingly falsely claims to be a tion activities between Federal, State, and local dence. victim of identity theft for the purpose of ob- law enforcement agencies that address identity (d) ACTIONS BY THE ATTORNEY GENERAL OF taining the blocking of information by a con- theft; THE UNITED STATES.—In any case in which an sumer reporting agency under section 611(e)(1) ‘‘(H) a comprehensive description of how the action is instituted by or on behalf of the Attor- of the Fair Credit Reporting Act (15 U.S.C. Federal Government can best provide State and ney General of the United States for a violation 1681i(e)(1)) shall be fined under this title, im- local law enforcement agencies with timely and of section 4, no State may, during the pendency prisoned not more than 3 years, or both.’’. current information regarding terrorists or ter- of that action, institute an action under sub- (c) STATUTE OF LIMITATIONS.—Section 618 of rorist activity where such information specifi- section (a) against any defendant named in the the Fair Credit Reporting Act (15 U.S.C. 1681p) cally relates to identity theft; and complaint in that action for violation of that is amended to read as follows: ‘‘(I) recommendations in the discretion of the practice. ‘‘SEC. 618. JURISDICTION OF COURTS; LIMITA- President, if any, for legislative or administra- (e) VENUE; SERVICE OF PROCESS.— TION ON ACTIONS. tive changes that would— (1) VENUE.—Any action brought under sub- ‘‘(a) IN GENERAL.—Except as provided in sub- ‘‘(i) facilitate more effective investigation and section (a) may be brought in the district court sections (b) and (c), an action to enforce any li- prosecution of— of the United States— ability created under this title may be brought ‘‘(I) cases involving identity theft; and (A) where the defendant resides; (B) where the defendant is doing business; or in any appropriate United States district court ‘‘(II) the creation and distribution of false (C) that meets applicable requirements relat- without regard to the amount in controversy, or identification documents; ing to venue under section 1391 of title 28, in any other court of competent jurisdiction, not ‘‘(ii) improve the effectiveness of Federal as- United States Code. later than 2 years from the date of the defend- sistance to State and local law enforcement (2) SERVICE OF PROCESS.—In an action ant’s violation of any requirement under this agencies and coordination between Federal, brought under subsection (a), process may be title. State, and local law enforcement agencies; served in any district in which the defendant— ‘‘(b) WILLFUL MISREPRESENTATION.—In any ‘‘(iii) simplify efforts by a person necessary to (A) resides; case in which the defendant has materially and rectify the harm that results from the theft of willfully misrepresented any information re- (B) is doing business; or the identity of such person; and (B) may be found. quired to be disclosed to an individual under ‘‘(iv) if deemed appropriate, provide for the es- this title, and the information misrepresented is tablishment of a Federal identity theft and false Mr. GRAMM. Madam President, the material to the establishment of the liability of identification office or agency.’’. Senate today is considering S. 1742, the the defendant to that individual under this title, SEC. 7. ENFORCEMENT. Identity Theft Victims Assistance Act an action to enforce a liability created under of 2002. This is an important issue, and this title may be brought at any time within 2 (a) IN GENERAL.— years after the date of discovery by the indi- (1) CIVIL ACTIONS.—In any case in which the it is proper for the Senate to be giving vidual of the misrepresentation. attorney general of a State has reason to believe it consideration. While the text of this ‘‘(c) IDENTITY THEFT.—An action to enforce a that an interest of the residents of that State bill is seriously flawed and needs care- liability created under this title may be brought has been, or is threatened to be, adversely af- ful work and refinement in order for it not later than 5 years from the date of the de- fected by a violation of section 4 of this Act by to have a significantly positive effect fendant’s violation if— any business entity, the State, as parens patriae, may bring a civil action on behalf of in curbing identity theft, I believe that ‘‘(1) the plaintiff is the victim of an identity passage of this legislation by the Sen- theft; or the residents of the State in a district court of ‘‘(2) the plaintiff— the United States of appropriate jurisdiction ate will be seen as an indication of the ‘‘(A) has reasonable grounds to believe that to— importance that the Senate attaches to the plaintiff is the victim of an identity theft; (A) enjoin that practice; relieving the disruption caused in the and (B) enforce compliance with this Act or the lives of victims of these crimes. ‘‘(B) has not materially and willfully mis- amendments made by this Act; When the Senate returns to this issue represented such a claim.’’. (C) obtain damages— in the next Congress, I hope that the (i) in the sum of actual damages, restitution, SEC. 6. COMMISSION STUDY OF COORDINATION problems with this bill can be resolved, BETWEEN FEDERAL, STATE, AND and other compensation on behalf of the resi- LOCAL AUTHORITIES IN ENFORCING dents of the State; and that the complexity of the issues in- IDENTITY THEFT LAWS. (ii) punitive damages, if the violation is will- volved can be adequately considered so (a) MEMBERSHIP; TERM.—Section 2 of the ful or intentional; and that the legislation focuses on the real Internet False Identification Prevention Act of (D) obtain such other equitable relief as the culprits without penalizing law-abiding 2000 (18 U.S.C. 1028 note) is amended— court may consider to be appropriate. citizens and businesses, and without (1) in subsection (b), by striking ‘‘and the (2) NOTICE.—Before filing an action under the substantial confusion to the en- Commissioner of Immigration and Naturaliza- paragraph (1), the attorney general of the State forcement responsibilities of federal fi- tion’’ and inserting ‘‘the Commissioner of Immi- involved shall provide to the Attorney General gration and Naturalization, the Chairman of of the United States— nancial regulators that the draft before the Federal Trade Commission, the Postmaster (A) written notice of the action; and us would cause. The text in its current General, and the Commissioner of the United (B) a copy of the complaint for the action. form would also expand opportunities States Customs Service,’’; and (b) INTERVENTION.— for predatory lawsuits, creating new

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.048 S14PT2 S11056 CONGRESSIONAL RECORD — SENATE November 14, 2002 victims, and we must avoid that. We do Wayne C Dumas, 2968 Jerry A. Hubbard, 8249 little good for the country that way. Kendel D Feilen, 0842 David A. Husted, 3248 Mr. REID. Mr. President, Senators Doreen D Fuller, 8883 Jeffrey A. Janszen, 4464 Robert W Grabb, 3388 Terrence M. Johns, 9778 CANTWELL and GRASSLEY and others William C Hansen, 6687 Eugene E. Johnson, 2742 have an amendment at the desk. I ask Maureen B Harkins, 0444 Lamar V. Johnson, 7091 that that amendment be considered Stephen N Jackson, 6687 Richard L. Jung, 5143 and agreed to; that the committee sub- Mark A Jones, 2968 Stephen D. Jutras, 5925 stitute, as amended, be agreed to; the John W Long, 7333 Robert M. Keith, 1055 bill, as amended, be read the third time John J Madeira, 4504 Quentin C. Kent, 7468 and passed, and the motion to recon- David A Maes, 2808 Ian R. Kieman, 2030 sider be laid upon the table; and that David G O’Brien, 4748 Scott H. Kim, 9552 David W. Springer, 5912 Erich F. Klein, 4294 any statements be printed in the Warren E. Soloduk, 3725 Nicholas R. Koester, 0771 RECORD, with no intervening action or U.S. COAST GUARD Joseph E. Kramek, 8464 debate. Miriam L. Lafferty, 4744 To be lieutenant commander The PRESIDING OFFICER. Without Burt A. Lahn, 9390 objection, it is so ordered. Anthony J. Alarid, 1412 Robert J. Landolfi, 7916 Michael S. Antonellis, 5030 Steven A. Lang, 7316 The amendment (No. 4954) was agreed Michael A. Arguelles, 4343 to. James R. Langevin, 7045 Hector A. Avella, 8261 Scott E. Langum, 2954 (The amendment is printed in today’s Paul E. Baker, 7988 Keith H. Laplant, 5221 RECORD under ‘‘Text of Amendments.’’) Barbara J. Barata, 8450 Scott X. Larson, 4589 The committee amendment in the Christopher M. Barrows, 8561 Stephen G. Lefave, 1917 nature of a substitute, as amended, was Edward K. Beale, 7399 Michael R. Leonguerrero, 7974 agreed to. Scott A. Beauregard, 6053 Michael C. Long, 8213 The bill (S. 1742), as amended, was William D. Bellatty, 1168 Jess P. Lopez, 9464 Bryan R. Bender, 4002 Juan Lopez, 7254 read the third time and passed, as fol- Ralph L. Benhart, 0506 lows: Tung T. Ly, 3465 Benjamin A. Benson, 3424 Lisa K. Mack, 9536 (The bill will be printed in a future David F. Berliner, 6106 William J. Makell, 6745 edition of the RECORD.) Paul R. Bissillon, 4694 Joseph P. Malinauskas, 1645 Mr. REID. Mr. President, let me say Ronald E. Brahm, 9793 August T. Martin, 6627 I have been working in recent hours John A. Brenner, 3111 Carol L. McCarther, 8206 with the Senator from Washington, Ms. Donald L. Brown, 7391 Thomas W. McDevitt, 4910 Timothy J. Buchanan, 2428 Steven P. McGee, 9864 CANTWELL. She has worked tirelessly Russell S. Burnside, 9517 on this piece of legislation. She has Patrick W. McMahon, 5758 William Carter, 5270 Jason A. Merriweather, 1212 given a number of statements on the Anthony J. Ceraolo, 2139 James F. Miller, 6437 floor related to this issue, dealing with Patrick W. Clark, 4993 James W. Mitchell, 1953 what has taken place and what she Leslie W. Clayborne, 8504 Kevin G. Morgan, 3889 knows regarding identity theft. I com- Rocky L. Cole, 3491 Patrick J. Murphy, 4093 mend and applaud her for her diligence Richard W. Condit, 6705 Nicole S. Nancarrow, 2108 and perseverance. The burden is now on Vernon E. Craig, 0980 Randall J. Navarro, 3988 Michael W. Cribbs, 3103 the House of Representatives. They are Jack C. Neve, 2871 Christopher Curatilo, 4587 Anthony J. Nygra, 9006 still in session. There is no reason in Gregory J. Czerwonka, 4516 Robert R. Oatman, 3261 the world that they cannot pass this Christel A. Dahl, 5351 Stephen H. Ober, 8546 most important piece of legislation. Bryan E. Dailey, 2760 Steven F. Osgood, 0310 f James W. Dalitsch, 0853 Keith A. Overstreet, 4897 Timothy E. Darley, 3406 Geoffrey D. Owen, 3140 EXECUTIVE SESSION Joseph E. Deer, 4579 Kim J. Pacsai, 2821 Ann B. Deyoung, 0150 John K. Park, 9448 Edwin Diazrosario, 7357 Edwin W. Parkinson, 7735 PROMOTIONS DISCHARGED Timothy E. Dickerson, 7061 Vincent E. Patterson, 8433 Mr. REID. Mr. President, I ask unan- Douglas C. Dixon, 8495 Kevin Y. Pekarek, 3307 Jean T. Donaldson, 8896 imous consent the Senate proceed to Daryl R. Peloquin, 5796 Charlene L. Downey, 1428 Matthew F. Perciak, 6792 executive session and the list of Coast Patrick J. Dugan, 5898 Cornell I. Perry, 7094 Guard promotions which are at the Kathryn C. Dunbar, 0745 Mark G. Phipps, 8278 desk be discharged from the Commerce John C. Durbin, 5587 Zachary H. Pickett, 2955 Committee, the Senate proceed to Bryan L. Durr, 0817 Kenneth A. Pierro, 6696 their consideration, that the nomina- Brian E. Edmiston, 0038 Michael E. Platt, 3176 tions be confirmed, the motions to re- David M. Ehlers, 8010 Nathan A. Podoll, 7508 consider be laid on the table, and that Thomas M. Emerick, 0148 Gary K. Polaski, 2160 Dennis C. Evans, 2583 Ronald P. Poole, 6332 any statements appear at the appro- Rendall B. Farley, 5226 Kenneth U. Potolicchio, 7762 priate place in the RECORD as if read, Dale C. Folsom, 4148 Steven J. Pruyn, 5380 that the President be immediately no- Christopher W. Forando, 4062 Lee S. Putnam, 9334 tified of the Senate’s action, and the Gregory T. Fuller, 3143 Gregory M. Rainey, 6693 Senate return to legislative session. Eric J. Gandee, 6250 Jeffrey K. Randall, 7612 The PRESIDING OFFICER. Without George D. Ganoung, 2083 Sean P. Regan, 7012 objection, it is so ordered. Christian J. Glander, 3589 Francisco S. Rego, 9178 The nominations considered and con- Michael W. Glander, 8276 James M. Reilly, 9209 Gene G. Gonzales, 1117 Joshua D. Reynolds, 0674 firmed are as follows: Jeffrey W. Good, 7748 Rodd M. Ricklefs, 6519 U.S. COAST GUARD Mark D. Gordon, 0616 Ronald L. Riedinger, 6390 To be lieutenant Samuel J. Goswellen, 6588 James V. Rocco, 2868 Dana B. Reid, 9837 Thomas A. Griffitts, 2199 Stanley T. Romanowicz, 5552 Jason R. Hamilton, 9913 Shannon D. Rooney, 9051 U.S. COAST GUARD RESERVE Kevin J. Hanson, 3914 Charles A. Roskam, 3977 To be captain James A. Healy, 7844 Kiley R. Ross, 0559 Douglas A Ash, 9461 Joseph J. Healy, 3174 Aaron E. Roth, 9026 Salvatore Brillante, 9714 Michael L. Hershberger, 5328 Warren J. Russell, 5602 Timothy M. Butler, 8139 Joseph P. Higgins, 4706 Matthew A. Rymer, 9954 Jeanne Cassidy, 9266 Daniel J. Higman, 6624 Kristina E. Saliceti, 6117 Daniel R Croce, 1488 Russell E. Holmes, 0974 Christopher S. Schubert, 2470 Sidney J Duck III, 0729 Katherine A. Howard, 5315 James W. Seeman, 7067

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.049 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11057 Edward B. Sheppard, 3579 Protocol signed at Washington on July and including the presentation of the John P. Sherlock, 6743 19, 2002 (the ‘‘Convention’’). I also resolution of the ratification, and the Arthur R. Shuman, 0528 transmit the report of the Department Senate now vote on the resolution of Michael J. Simbulan, 6792 Darell Singleterry, 3552 of State concerning the Convention. ratification. Jerome F. Sinnaeve, 1503 The proposed Convention trans- The PRESIDING OFFICER. Without Charles G. Smith, 9733 mitted herewith would replace the Con- objection, it is so ordered. Matthew J. Smith, 9753 vention Between the Government of The question is on agreeing to the Robert L. Smith, 9066 the United States of America and the resolution of ratification. Stuart M. Sockman, 9003 Government of the United Kingdom of Senators in favor of the resolution, Gregory Stanclik, 0645 Great Britain and Northern Ireland for please stand. (After a pause.) All those Bion B. Stewart, 4651 the Avoidance of Double Taxation and opposed, please stand. Anthony A. Stobbe, 0824 the Prevention of Fiscal Evasion with Paul M. Stocklin, 4098 In the opinion of the Chair, two- Carrie M. Stoffel, 8350 Respect to Taxes on Income and Cap- thirds of the Senators present having Christopher A. Strong, 2306 ital Gains, signed at London on Decem- voted in the affirmative, the resolution Charles W. Tenney, 3941 ber 31, 1975, as modified by a subse- of ratification is agreed to. Laura J. Thompson, 1781 quent agreement and protocols. The resolution of ratification is as Theresa L. Tierney, 6714 This Convention, which is similar to follows: Shawn C. Tripp, 4929 tax treaties between the United States Resolved, (two-thirds of the Senators present Nancy J. Truax, 5567 and other developed nations, provides concurring therein), That the Senate advise Adam J. Tyndale, 0852 for maximum rates of tax to be applied and consent to the ratification of the Treaty Daniel D. Unruh, 0015 between the Government of the United Joseph G. Uzmann, 3423 to various types of income, protection from double taxation of income, and States of America and the Government of Matthew R. Walker, 1683 the Republic of Honduras for the Return of Daniel P. Walsh, 5596 for the exchange of information. The Stolen, Robbed, or Embezzled Vehicles and Thomas F. Walsh, 6807 Convention also contains rules making Aircraft, with Annexes and a related ex- Michelle R. Webber, 8933 its benefits unavailable to persons who change of notes, signed at Tegucigalpa on Michael C. Wessel, 1833 are engaged in treaty shopping. The November 23, 2001 (Treaty Doc. 107–15). Richard J. Wester, 0160 proposed Convention is the first U.S. f Sherman P. Whitmore, 2290 income tax convention to provide a Gary S. Williams, 3943 EXTRADITION TREATY WITH PERU zero rate of withholding on certain di- Donald L. Winfield, 1051 Mr. REID. Mr. President, I ask unan- Charles T. Wright, 2712 rect investment dividends. Jeffrey V. Yarosh, 7292 I recommend that the Senate give imous consent the Senate proceed to Michael E. Yensz, 1753 early and favorable consideration to Executive Calendar No. 13, Extradition Cherian Zachariah, 6501 this Convention, and that the Senate Treaty with Peru, the treaty be ad- Michael B. Zamperini, 8558 give its advice and consent to ratifica- vanced through its parliamentary f tion. stages up through and including the presentation of the resolution of ratifi- REMOVAL OF INJUNCTION OF SE- To the Senate of the United States: cation, and that the understanding and CRECY—TREATY DOCUMENT NO. I transmit herewith, for Senate ad- the condition be agreed to, and the 107–19 AND TREATY DOCUMENT vice and consent to ratification, a Pro- Senate vote on the resolution of ratifi- NO. 107–20 tocol Amending the Convention Be- tween the Government of the United cation. Mr. REID. I ask unanimous consent States of America and the Government The PRESIDING OFFICER. Without that the injunction of secrecy be re- of Australia for the Avoidance of Dou- objection, it is so ordered. moved from the following treaties ble Taxation and the Prevention of Fis- The question is on agreeing to the transmitted to the Senate on Novem- cal Evasion with Respect to Taxes on resolution of ratification. Senators in ber 14, 2002, by the President of the Income, signed at Canberra on Sep- favor of the resolution, please stand. United States: tember 27, 2001 (the ‘‘Protocol’’). I also (After a pause.) All those opposed, Convention with Great Britain and transmit, for the information of the please stand. Northern Ireland regarding Double Senate, the report of the Department In the opinion of the Chair, two- Taxation and Prevention of Fiscal Eva- of State concerning the Protocol. thirds of those present and voting hav- sion (Treaty Doc. 107–19); and The Convention, as amended by the ing voted in the affirmative, the reso- Protocol Amending Convention with Protocol, would be similar to recent lution of ratification is agreed to. Australia regarding Double Taxation tax treaties between the United States The resolution of ratification and and Prevention of Fiscal Evasion and other developed nations. It pro- condition are as follows: (Treaty Doc. 107–20). vides maximum rates of tax to be ap- Resolved, (two-thirds of the Senators present I further ask that the treaties be con- plied to various types of income and concurring therein), sidered as having been read the first Section 1. Advice and Consent to Ratifica- protection from double taxation of in- tion of the Extradition Treaty with Peru, time; that they be referred, with ac- come. The Convention, as amended by companying papers, to the Committee subject to an understanding and a condition. the Protocol, also provides for resolu- The Senate advises and consents to the on Foreign Relations and ordered to be tion of disputes and sets forth rules ratification of the Extradition Treaty Be- printed; and that the President’s mes- making its benefits unavailable to resi- tween the United States of America and the sage be printed in the RECORD. dents that are engaged in treaty shop- Republic of Peru, signed at Lima on July 26, The PRESIDING OFFICER. Without ping. 2001 (Treaty Doc. 107–6; in this resolution re- objection, it is so ordered. I recommend that the Senate give ferred to as the ‘‘Treaty’’), subject to the un- The messages of the President are as early and favorable consideration to derstanding in section 2 and the condition in section 3. follows: this Protocol, and that the Senate give To the Senate of the United States: Section 2. Understanding. its advice and consent to ratification. The advice and consent of the Senate I transmit herewith, for Senate ad- f under section 1 is subject to the following vice and consent to ratification, the understanding, which shall be included in Convention Between the Government TREATY WITH THE GOVERNMENT the instrument of ratification: of the United States of America and OF THE REPUBLIC OF HONDURAS PROHIBITION OF EXTRADITION TO THE INTER- the Government of the United Kingdom FOR THE RETURN OF STOLEN, NATIONAL CRIMINAL COURT.—The United of Great Britain and Northern Ireland ROBBED, OR EMBEZZLED VEHI- States understands that the protections con- for the Avoidance of Double Taxation CLES AND AIRCRAFT tained in Article XIII concerning the Rule of and the Prevention of Fiscal Evasion Mr. REID. I ask unanimous consent Speciality would preclude the resurrender of any person extradited to the Republic of with Respect to Taxes on Income and the Senate proceed to consider Execu- Peru from the United States to the Inter- on Capital Gains, signed at London on tive Calendar No. 12, the Treaty with national Criminal Court, unless the United July 24, 2001, together with an ex- Honduras, the treaty be advanced States consents to such resurrender; and the change of notes, as amended by the through its parliamentary stages up to United States shall not consent to any such

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.053 S14PT2 S11058 CONGRESSIONAL RECORD — SENATE November 14, 2002 resurrender unless the Statute establishing counted. (After a pause.) Those opposed (1) LIMITATION ON ASSISTANCE.—Pursuant that Court has entered into force for the will rise and stand until counted. to the right of the United States under the United States by and with the advice and On a division, two-thirds of the Sen- Treaty to deny legal assistance that would consent of the Senate in accordance with Ar- ators present and voting and having prejudice the essential public policy or inter- ticle II, section 2 of the United States Con- voted in the affirmative, the resolution ests of the United States, the United States stitution. shall deny any request for such assistance if Section 3. Condition. of ratification is agreed to. the Central Authority of the United States The advice and consent of the Senate The resolution of ratification is as (as designated in Article 2(2) of the Treaty), under section 1 is subject to the condition follows: after consultation with all appropriate intel- that nothing in the Treaty requires or au- Resolved, (two-thirds of the Senators present ligence, anti-narcotic, and foreign policy thorizes legislation or other action by the concurring therein), That the Senate advise agencies, has specific information that a sen- United States that is prohibited by the Con- and consent to the ratification of the Second ior Government official of the requesting stitution of the United States as interpreted Protocol Amending the Treaty on Extra- party who will have access to information to by the United States. dition Between the Government of the be provided as part of such assistance is en- United States of America and the Govern- gaged in a felony, including the facilitation f ment of Canada, signed at Ottawa on Janu- of the production or distribution of illegal ary 12, 2001 (Treaty Doc. 107–11). EXTRADITION TREATY WITH drugs. LITHUANIA f (2) SUPREMACY OF THE CONSTITUTION.— TREATY WITH BELIZE ON MUTUAL Nothing in the Treaty requires or authorizes Mr. REID. Mr. President, I ask unan- legislation or other action by the United LEGAL ASSISTANCE IN CRIMI- imous consent the Senate proceed to States that is prohibited by the Constitution Executive Calendar No. 14, extradition NAL MATTERS of the United States as interpreted by the treaty with Lithuania, that the treaty Mr. REID. Mr. President, I ask unan- United States. be advanced through its parliamentary imous consent the Senate proceed to f Executive Calendar No. 16, the treaty stages, up to and including the presen- TREATY WITH INDIA ON MUTUAL with Belize on mutual legal assistance tation of the resolution of ratification; LEGAL ASSISTANCE IN CRIMI- in criminal matters; that the treaty be that the condition be agreed to and the NAL MATTERS Senate now vote on the resolution of advanced through parliamentary ratification. stages up to and including the presen- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without tation of the resolution of ratification; imous consent that the Senate now objection, it is so ordered. The question that the understanding and conditions proceed to Executive Calendar No. 17, is on agreeing to the resolution of rati- be agreed to; and that the Senate now the treaty with India on mutual legal fication. Senators in favor of the reso- vote on the resolution of ratification. assistance in criminal matters; that lution of ratification, please stand. The PRESIDING OFFICER. Without treaty be advanced through its par- (After a pause.) Senators opposed, objection, it is so ordered. liamentary stages up to and including Senators in favor of the resolution of please stand. the presentation of the resolution of ratification will rise and stand until In the opinion of the Chair, two- ratification; that the understanding counted. (After a pause.) Those opposed thirds of those voting having voted in and conditions be agreed to; and that will rise and stand until counted. the Senate now vote on the resolution the affirmative, the resolution is On a division, two-thirds of the Sen- agreed to. of ratification. ators present and voting, having voted The PRESIDING OFFICER. Without The resolution of ratification and in the affirmative, the resolution is objection, it is so ordered. condition are as follows: agreed to. Senators in favor of the resolution of Resolved, (two-thirds of the Senators present The resolution of ratification and concurring therein), ratification will rise and stand until Section 1. Advice and Consent to Ratifica- conditions are as follows: counted. (After a pause.) Those opposed Resolved, (two-thirds of the Senators present tion of the Extradition Treaty with Lith- will rise and stand until counted. concurring therein, uania, subject to a condition. Section 1. Advice and Consent to Ratifica- On a division, two-thirds of the Sen- The Senate advises and consents to the tion of the Treaty with Belize on Mutual ators present and voting, having voted ratification of the Extradition Treaty Be- Legal Assistance in Criminal Matters, sub- in the affirmative, the resolution of tween the Government of the United States ject to an understanding and conditions. ratification is agreed to. of America and the Government of the Re- The Senate advises and consents to the The resolution of ratification and un- public of Lithuania, signed at Vilnius on Oc- ratification of the Treaty Between the Gov- derstanding and conditions are as fol- tober 23, 2001 (Treaty Doc. 107–4; in this reso- ernment of the United States of America and lution referred to as the ‘‘Treaty’’), subject the Government of Belize on Mutual Legal lows: to the condition in section 2. Assistance in Criminal Matters, signed at Resolved, (two-thirds of the Senators present Section 2. Condition. Belize, on September 19, 2000, and a related concurring therein), The advice and consent of the Senate exchange of notes (Treaty Doc. 107–13; in this Section 1. Advice and Consent to Ratifica- under section 1 is subject to the condition resolution referred to as the ‘‘Treaty’’), sub- tion of the Treaty with India on Mutual that nothing in the Treaty requires or au- ject to the understanding in section 2 and Legal Assistance in Criminal Matters, sub- thorizes legislation or other action by the the conditions in section 3. ject to an understanding and conditions. United States that is prohibited by the Con- Section 2. Understanding. The Senate advises and consents to the stitution of the United States as interpreted The advice and consent of the Senate ratification of the Treaty Between the Gov- by the United States. under section 1 is subject to the following ernment of the United States of America and understanding, which shall be included in the Government of the Republic of India on f the instrument of ratification: Mutual Legal Assistance in Criminal Mat- ters, signed at New Delhi on October 17, 2001 SECOND PROTOCOL AMENDING EX- PROHIBITION ON ASSISTANCE TO THE INTER- NATIONAL CRIMINAL COURT.—The United (Treaty Doc. 107–3; in this resolution referred TRADITION TREATY WITH CAN- States shall exercise its rights to limit the to as the ‘‘Treaty’’), subject to the under- ADA use of assistance that it provides under the standing in section 2 and the conditions in Mr. REID. Mr. President, I ask unan- Treaty so that any assistance provided by section 3. imous consent the Senate proceed to the Government of the United States shall Section 2. Understanding. The advice and consent of the Senate Executive Calendar No. 15, the Second not be transferred to our otherwise used to assist the International Criminal Court un- under section 1 is subject to the following Protocol Amending Extradition Treaty less the treaty establishing the Court has en- understanding, which shall be included in with Canada; that the treaty be ad- tered into force for the United States by and the instrument of ratification: vanced through its parliamentary with the advice of the Senate in accordance PROHIBITION ON ASSISTANCE TO THE INTER- stages up to and including the presen- with Article II, Section 2 of the United NATIONAL CRIMINAL COURT.—The United tation of the resolution of ratification; States Constitution, or unless the President States shall exercise its rights to limit the and that the Senate now vote on the has waived any applicable prohibition on use of assistance that it provides under the resolution of ratification. provision of such assistance in accordance Treaty so that any assistance provided by the Government of the United States shall The PRESIDING OFFICER. Without with applicable United States law. Section 3. Conditions. not be transferred to or otherwise used to as- objection, it is so ordered. The advice and consent of the Senate sist the International Criminal Court unless Senators in favor of the resolution of under section 1 is subject to the following the treaty establishing the Court has entered ratification will rise and stand until conditions: into force for the United States by and with

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.059 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11059 the advice of the Senate in accordance with States shall exercise its rights to limit the resolution referred to as the ‘‘Treaty’’), sub- Article II, Section 2 of the United States use of assistance that it provided under the ject to the understanding in section 2 and Constitution, or unless the President has Treaty so that any assistance provided by the conditions in section 3. waived any applicable prohibition on provi- the Government of the United States shall Section 2. Understanding. sion of such assistance in accordance with not be transferred to or otherwise used to as- The advice and consent of the Senate applicable United States law. sist the International Criminal Court unless under section 1 is subject to the following Section 3. Conditions. the treaty establishing the Court has entered understanding, which shall be included in The advice and consent of the Senate into force for the United States by and with the instrument of ratification: under section 1 is subject to the following the advice of the Senate in accordance with PROHIBITION ON ASSISTANCE TO THE INTER- conditions: Article II, Section 2 of the United States NATIONAL CRIMINAL COURT.—The United (1) LIMITATIONS ON ASSISTANCE.—Pursuant Constitution, or unless the President has States shall exercise its rights to limit the to the right of the United States under the waived any applicable prohibition on provi- use of assistance that it provides under the Treaty to deny assistance that would preju- sion of such assistance in accordance with Treaty so that any assistance provided by dice the essential public policy or interests applicable United States law. the Government of the United States shall of the United States, the United States shall Section 3. Conditions. not be transferred to or otherwise used to as- deny any request for such assistance if the The advice and consent of the Senate sist the International Criminal Court unless Central Authority of the United States (as under section 1 is subject to the following the treaty establishing the Court has entered designated in Article 2(2) of the Treaty), conditions: into force for the United States by and with after consultation with all appropriate intel- (1) LIMITATION ON ASSISTANCE.—Pursuant the advice of the Senate in accordance with ligence, anti-narcotic, and foreign policy to the right of the United States under the Article II, Section 2 of the United States agencies, has specific information that a sen- Treaty to deny legal assistance that would Constitution, or unless the President has ior Government official of the requesting prejudice the essential public policy or inter- waived any applicable prohibition on provi- party who will have access to information to ests of the United States, the United States sion of such assistance in accordance with be provided as part of such assistance is en- shall deny any request for such assistance if applicable United States law. gaged in a felony, including the facilitation the Central Authority of the United States Section 3. Conditions. of the production or distribution of illegal (as designated in Article 2(2) of the Treaty), The advice and consent of the Senate drugs. after consultation with all appropriate intel- under section 1 is subject to the following (2) SUPREMACY OF THE CONSTITUTION.— ligence, anti-narcotic, and foreign policy conditions: Nothing in the Treaty requires or authorizes agencies, has specific information that a sen- (1) LIMITATION ON ASSISTANCE.—Pursuant legislation or other action by the United ior Government official of the requesting to the right of the United States under the States that is prohibited by the Constitution party who will have access to information to Treaty to deny legal assistance that would of the United States as interpreted by the be provided as part of such assistance is en- prejudice the essential public policy or inter- United States. gaged in a felony, including the facilitation ests of the United States, the United States shall deny any request for such assistance if f of the production or distribution of illegal drugs. the Central Authority of the United States TREATY WITH IRELAND ON MU- (2) SUPREMACY OF THE CONSTITUTION.— (as designated in Article 2(2) of the Treaty), TUAL LEGAL ASSISTANCE MAT- Nothing in the Treaty requires or authorizes after consultation with all appropriate intel- TERS IN CRIMINAL MATTERS legislation or other action by the United ligence, anti-narcotic, and foreign policy States that is prohibited by the Constitution agencies, has specific information that a sen- Mr. REID. Mr. President, I ask unan- of the United States as interpreted by the ior Government official of the requesting imous consent that the Senate proceed United States. party who will have access to information to to Executive Calendar No. 18, the trea- f be provided as part of such assistance is en- ty with Ireland on mutual legal assist- gaged in a felony, including the facilitation ance matters; that the treaty be ad- TREATY WITH LIECHTENSTEIN ON of the production or distribution of illegal vanced through its parliamentary MUTUAL LEGAL ASSISTANCE IN drugs. stages up to and including the presen- CRIMINAL MATTERS (2) SUPREMACY OF THE CONSTITUTION.— Nothing in the Treaty requires or authorizes tation of the resolution of ratification; Mr. REID. Mr. President, I ask unan- legislation or other action by the United that the understanding and conditions imous consent that the Senate proceed States that is prohibited by the Constutition be agreed to; and that the Senate now to executive session to Executive Cal- of the United States as interpreted by the vote on the resolution of ratification. endar No. 19, the treaty with Liech- United States. The PRESIDING OFFICER. Without tenstein on mutual legal assistance in f objection, it is so ordered. criminal matters; that treaty be ad- LEGISLATIVE SESSION Senators in favor of the resolution of vanced through its parliamentary ratification will rise and stand until stages, up to and including the presen- Mr. REID. Mr. President, I ask unan- counted. (After a pause.) Those opposed tation of the resolution of ratification; imous consent that the Senate return will rise and stand until counted. that the understanding and conditions to legislative session. On a division, two-thirds of the Sen- be agreed to; and that the Senate now The PRESIDING OFFICER. Without ators present and voting, having voted vote on the resolution of ratification. objection, it is so ordered. in the affirmative, the resolution of The PRESIDING OFFICER. Without Mr. REID. I suggest the absence of a ratification is agreed to. objection, it is so ordered. quorum. The resolution of ratification and un- Senators in favor of the resolution of The PRESIDING OFFICER. The derstanding and conditions are as fol- ratification will rise and stand until clerk will call the roll. lows: counted. (After a pause.) Those opposed The assistant legislative clerk pro- Resolved, (two-thirds of the Senators present will rise and stand until counted. ceeded to call the roll. concurring therein), On a division, two-thirds of the Sen- f Section 1. Advice and Consent to Ratifica- ators present and voting, having voted tion of the Treaty with Ireland on Mutual RECESS SUBJECT TO THE CALL OF Legal Assistance in Criminal Matters, sub- in the affirmative, the resolution of THE CHAIR ject to an understanding and conditions. ratification is agreed to. The resolution of ratification and un- The PRESIDING OFFICER. In my The Senate advises and consents to the capacity as a Senator from the State of ratification of the Treaty Between the Gov- derstanding and conditions are as fol- New York, I ask unanimous consent ernment of the United States of America and lows: the Government of Ireland on Mutual Legal Resolved, (two-thirds of the Senators present that the order for the quorum call be Assistance in Criminal Matters, signed at concurring therein), rescinded. Washington on January 18, 2001 (Treaty Doc. Section 1. Advice and Consent to Ratifica- Without objection, it is so ordered. 107–9; in this resolution referred to as the tion of the Treaty with Liechtenstein on Mu- In my capacity as a Senator from the ‘‘Treaty’’), subject to the understanding in tual Legal Assistance in Criminal Matters, State of New York, I ask unanimous section 2 and the conditions in section 3. subject to an understanding and conditions. consent that the Senate stand in recess Section 2. Understanding. The Senate advises and consents to the subject to the call of the Chair. The advice and consent of the Senate ratification of the Treaty Between the Gov- There being no objection, the Senate, under section 1 is subject to the following ernment of the United States of America and understanding, which shall be included in the Principality of Liechtenstein on Mutual at 9:36 p.m., recessed subject to the call the instrument of ratification: Legal Assistance in Criminal Matters, and a of the Chair and reassembled at 10:15 PROHIBITION ON ASSISTANCE TO THE INTER- related exchange of notes, signed at Vaduz p.m., when called to order by the Pre- NATIONAL CRIMINAL COURT.—The United on July 8, 2002 (Treaty Doc. 107–16; in this siding Officer (Ms. CANTWELL).

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.063 S14PT2 S11060 CONGRESSIONAL RECORD — SENATE November 14, 2002 The PRESIDING OFFICER. The Sen- SEC. 2. EXTENSION OF THE TEMPORARY EX- offer some assistance to those people ator from New York. TENDED UNEMPLOYMENT COM- who really need it and also offer Con- PENSATION ACT OF 2002. f (a) IN GENERAL.—Section 208 of the Tem- gress a chance to get off to a good start porary Extended Unemployment Compensa- without wrestling and debating this ECONOMIC SECURITY AND issue. WORKER ASSISTANCE ACT OF 2001 tion Act of 2002 (Public Law 107–147; 116 Stat. 30) is amended to read as follows: I have debated this issue more than I Mrs. CLINTON. Madam President, I ‘‘SEC. 208. APPLICABILITY. want to debate it. And I appreciate our ask unanimous consent that the Sen- ‘‘(a) IN GENERAL.—Except as provided in colleagues on both sides willing to ate proceed to the immediate consider- subsection (b), an agreement entered into compromise. ation of Calendar No. 308, H.R. 3529. under this title shall apply to weeks of un- The House passed a 1-month exten- The PRESIDING OFFICER. The employment— sion. This is a 3-month extension elimi- clerk will report the bill by title. ‘‘(1) beginning after the date on which such nating the cliff. I think it is a more or- agreement is entered into; and derly and more well-thought-out pro- The assistant legislative clerk read ‘‘(2) ending before April 1, 2003. as follows: ‘‘(b) TRANSITION FOR AMOUNT REMAINING IN gram that makes sense. A bill (H.R. 3529) to provide tax incentives ACCOUNT.— So I will not object to its passage and for economic recovery and assistance to dis- ‘‘(1) IN GENERAL.—Subject to paragraphs appreciate our colleagues from New placed workers. (2) and (3), in the case of an individual who York and Washington, as well as Illi- There being no objection, the Senate has amounts remaining in an account estab- nois and Pennsylvania, for their co- proceeded to the consideration of the lished under section 203 as of March 29, 2003, operation in making this happen. temporary extended unemployment com- bill. I yield the floor. pensation shall continue to be payable to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- such individual from such amounts for any ator from New York. ator from New York. week beginning after such date for which the Mrs. CLINTON. As I was listening to Mrs. CLINTON. Madam President, individual meets the eligibility requirements the Senator from Oklahoma explain before formally making the unanimous of this title. why this makes sense, and particularly consent request, I wish to thank Sen- ‘‘(2) NO AUGMENTATION AFTER MARCH 26, to eliminate the cliff that, frankly, ator NICKLES for his understanding and 2003.—If the account of an individual is ex- people would have fallen off at the end cooperation in reaching this point this hausted after March 29, 2003, then section 203(c) shall not apply and such account shall of the year, right at the beginning of a evening. I very much appreciate his not be augmented under such section, re- new year—and hopefully providing new willingness, and that of his staff, to gardless of whether such individual’s State is hope for people—I could not help but work with us throughout today. And I in an extended benefit period (as determined think of our colleague, Paul Wellstone. am very personally grateful for his under paragraph (2) of such section). I think he is smiling down on us. I ‘‘(3) LIMITATION.—No compensation shall be leadership and good advice and counsel. think he is up there waving his arms, This unemployment insurance exten- payable by reason of paragraph (1) for any pacing around, and saying, good work, sion is being sponsored, in addition to week beginning after June 28, 2003.’’. (b) EFFECTIVE DATE.—The amendment and thanks for doing that. myself, by the Presiding Officer, the made by this section shall take effect as if To me, this is tremendous evidence of Senator from Washington, who has included in the enactment of the Temporary the kind of cooperation that can come been a tremendous advocate, by Sen- Extended Unemployment Compensation Act about to bring us together to help peo- ator FITZGERALD of Illinois, and Sen- of 2002 (Public Law 107–147; 116 Stat. 21). ple. ator SPECTER of Pennsylvania. The bill (H.R. 3529), as amended, was Again, I thank my friend from Okla- The commitment of all of the spon- read a third time and passed. homa. sors, and others, have made it possible The PRESIDING OFFICER. The Sen- I yield the floor. for us to agree this evening to pass a ator from Oklahoma. The PRESIDING OFFICER. The Sen- bill that will be extremely welcomed Mr. NICKLES. Madam President, I ator from Nevada. by about 2.1 million Americans who thank my colleague and friend from Mr. REID. Madam President, I have will be able to take advantage of this New York for working with us. I think been on this floor many, many times extension that runs through the end of we have worked out an acceptable com- when there have been speeches on both March. This will also specifically help promise. Senator FITZGERALD and Sen- sides on extending unemployment in- approximately 177,000 New Yorkers as ator SPECTER were very much inter- surance going back several months. they enter the holiday season. ested in passing this bill so we were This is what legislating is all about, Obviously, this is not all that the happy to accommodate them. the art of compromise. Not everyone Presiding Officer and I would have In contrast to the previous legisla- got what they wanted. But we got wanted. Perhaps it is more than some tion, which was a significant expansion something, and it is very important would have thought we should do. But over current law, of which efforts had and very positive. I think it works out to be an accept- been made to pass by unanimous con- I extend my appreciation to the Pre- able compromise in bringing this about sent earlier today, this is an extension siding Officer, the Senator from Wash- at this time. of current law. It is a lot less expen- ington, who worked on this diligently, Again, I personally thank Senator sive. This is an extension for 3 months. and, of course, the Senator from New NICKLES for his extraordinary assist- We also did something else I think is York, who has worked on this very ance. important. We eliminated the cliff. In hard. So, Madam President, I ask unani- other words, current law would say by No one has been on the floor more mous consent that the substitute January 1 the 13-week Federal program than the Senator from Oklahoma, and amendment at the desk be agreed to, would be terminated. This says, no, he needs to be complimented because the act, as amended, be read a third there is a phaseout. So there is not a he certainly could have stopped this in the last few hours of the session. He time, passed, and the motion to recon- cliff. At the end of March, if people are chose not to do that. He chose to move sider be laid upon the table, with no in- already into the system, they can com- forward on a positive note. tervening action or debate; and that plete their 13-week program. So I think any statements related thereto be I, not only for the Senate, but for the it is responsible. respective States and the whole coun- printed in the RECORD. Also, for the benefit of my col- try, extend my appreciation to the The PRESIDING OFFICER. Is there leagues—and some have reservations objection? three of you, all fine legislators. about this program because, legiti- Mr. NICKLES. Thank you. Without objection, it is so ordered. mately, they are wondering whether, if The amendment (No. 4960) was agreed I suggest the absence of a quorum. you continue to pay out unemployment The PRESIDING OFFICER. The to, as follows: benefits, they will stay unemployed. clerk will call the roll. Strike all after the enacting clause and in- And I happen to appreciate many of sert the following: The legislative clerk proceeded to SECTION 1. Section 114 of Public Law 107– those concerns. call the roll. 229 is amended by striking ‘‘the date speci- Now we will not be wrapped up with Ms. CANTWELL. Madam President, I fied in section 107(c) of this joint resolution’’ this beginning in January. So this will ask unanimous consent that the order and inserting ‘‘March 31, 2003’’. give Congress a chance and hopefully for the quorum call be rescinded.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.191 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11061 The PRESIDING OFFICER (Mrs. I yield the floor and suggest the ab- Senator CLELAND has had a remark- CLINTON). Without objection, it is so sence of a quorum able 30-year career in public service in- ordered. The PRESIDING OFFICER. The cluding a tour of duty in Vietnam in Ms. CANTWELL. Madam President, I clerk will call the roll. 1967 in which he was awarded the would like to take the opportunity to The assistant legislative clerk pro- Bronze and Silver Stars for meritorious congratulate my colleagues on the pas- ceeded to call the roll. service. MAX started his career in the sage of the unemployment extension Mr. REID. Madam President, I ask military soon after graduating from bill which we just did by unanimous unanimous consent that the order for Stetson University, where he was a consent. the quorum call be rescinded. member of the Army ROTC. In 1967, he This really was a bipartisan effort by The PRESIDING OFFICER (Ms. volunteered for duty in Vietnam. He the Senator from Oklahoma and from CANTWELL). Without objection, it is so quickly worked his way up the ranks, two of our colleagues, the Senator from ordered. earning a promotion to Captain in 1968. Illinois, Mr. FITZGERALD, and the Sen- In April of the same year, he was seri- f ator from Pennsylvania, Mr. SPECTER, ously wounded in a grenade explosion, who played a very important role in MORNING BUSINESS which cost him both of his legs and his communicating the needs of unemploy- Mr. REID. Madam President, I ask right arm. One month before his tour ment benefit extensions in their unanimous consent that the Senate was up, he was sent home to recover States. now proceed to a period of morning from his injuries. I thank the Chair, the Senator from business with Senators allowed to His dedication to public service con- New York, Mrs. CLINTON, who has since speak therein for a period not to exceed tinued when he won a seat in the Geor- July advocated passage of this legisla- 5 minutes each. gia State Senate. As the youngest tion, talked about the importance of The PRESIDING OFFICER. Without state senator, he pushed for a State making sure that as our economy has objection, it is so ordered. law making public facilities accessible faced a downturn, we continued to to the disabled. In 1975, Senator f make sure the opportunities for income CLELAND began his lifelong mission of and stimulus in our economy were IN REMEMBRANCE OF PAUL improving the lives of the men and there. WELLSTONE women in the military. MAX was asked As she fought for the State of New Mr. CHAFEE. Madam President, to work for the Senate Veterans Af- York, which has been gravely impacted today I offer my condolences to all the fairs Committee, and 2 years later he by the events of 9/11 and the downturn friends, family members and admirers accepted the position to head up the in the economy where jobs are just not of Paul Wellstone. As has been said U.S. Veterans Administration. He was being created, the Senator got all of us many times, Paul Wellstone was fierce- the youngest administrator and only in the country to realize how critical ly proud of the causes with which he Vietnam veteran to ever head up the the issue was for us moving forward at associated himself. Certainly, to have agency. During his time with the Vet- a time when the economy has not re- Paul Wellstone articulately and erans Administration, MAX instituted turned to positive growth. strongly arguing on one’s behalf was a the ‘‘Vets Center Program,’’ which for Obviously the State of Washington great asset. His many friends are for- the first time provided psychological has been greatly impacted by that counseling to combat veterans. This ever grateful for his wrestler’s tenacity same downturn, in the aerospace indus- program has now led to over 200 Vet as he advocated for those issues in try, in high tech. This legislation will Centers around the country. which he so emotionally believed. actually help over 75,000 Washing- Senator CLELAND continued his pub- tonians who will get the benefit of hav- Several years ago a candidate for lic service for the people of Georgia in ing an extension of a program and, Congress in Rhode Island retired from 1982, when he was elected Secretary of being a high unemployment State, will the campaign because of a shortage of State. During his time in this position, qualify for the benefits of that pro- funds, declaring that no longer could he fought relentlessly for campaign fi- gram. This is actually something I ‘‘Mr. Smith go to Washington.’’ Paul nance reform and to reduce tele- Wellstone proved that yes, indeed, Mr. think a few Washingtonians tonight, marking fraud. Senator CLELAND also maybe a few Seattlites, will be sleeping Smith could go to Washington. In 1990 played a key role in the implementa- a little bit better from, knowing that he challenged an incumbent who pos- tion of the National Voter Registration in the impending months, as we strug- sessed a huge financial advantage in Act, or Motor Voter, in the State of gle to get the economy going again, what many assumed to be a quixotic Georgia. This in turn allowed an in- they will actually be able to meet and hopeless campaign. In November of crease in access to government by get- those mortgage payments, pay those that year Paul Wellstone was the only ting nearly 1 million citizens of Geor- health care bills, and continue to move challenger to beat an incumbent, pro- gia registered to vote. forward. viding inspiration forever to long MAX was elected to the U.S. Senate Economists have said this kind of shots. in 1996; he filled the spot that was va- stimulus has a two-to-one effect; that Three cheers for the people of Min- cated by the retiring Sam Nunn. The 6 for every dollar spent on unemploy- nesota who have shown a propensity years that he spent in the Senate were ment benefits, it generates about $2.15 for embracing people of divergent phi- marked by his passion and drive to ac- into the local economy. We have done a losophies. In the last few years Min- complish what was of importance to good service for my State’s economy nesota has elected Rod Grams, Jesse the people he served. He was a pro- and for New York’s and Pennsylvania Ventura and Paul Wellstone; public ponent for the Patients’ Bill of Rights and Illinois, for the whole country, be- servants with very different approaches and doggedly battled for the improve- cause we will be stimulating those in- to the issues of the day. I join Minneso- ment of education by way of increased dividuals’ disposable income. tans and Americans in mourning the resources for teacher training and cer- Again, I thank the Senator from New death of the passionate and good-na- tification. York for her hard work and vision, tured Paul Wellstone. As a former military man who served pointing out last summer the need to f his country in Vietnam, Senator do it, being diligent in this process. CLELAND brought an understanding to And tonight, because of this bipartisan TRIBUTE TO SENATOR MAX the Senate Chamber, of the sacrifices support, there will be more Americans CLELAND made by individuals in the armed sleeping better as we approach the Mr. CONRAD. Madam President, I forces. This understanding led him to tough challenges ahead in getting our am honored to pay tribute and recog- champion military causes. As chair- economy moving but knowing that we nize the leadership, dedication to pub- man of the Personnel Subcommittee of have not left workers behind, workers lic service and hard work of my col- the Armed Services Committee, he who would rather have a paycheck league from Georgia, Senator MAX fought for improvements in the quality than an unemployment check, but at CLELAND. Few Members of the Senate of life of our active-duty, reserve, and least now they will be continuing to have sacrified so much for their coun- retired military personnel through en- add to the economy. try. hancement of the Montgomery G.I. Bill

VerDate 0ct 31 2002 06:12 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.193 S14PT2 S11062 CONGRESSIONAL RECORD — SENATE November 14, 2002 and improvement of retirement bene- vast military holdings. As a very sen- fighters back to Oregon or elsewhere, I fits. All his hard work has not gone un- ior member of the House Armed Serv- know that forest fires will continue to noticed, Senator CLELAND has been rec- ices Committee and the Chairman of burn and brave firefighters will con- ognized nationally as the ‘‘Minute Man the Committee on Natural Resources, tinue to put their lives between the fire of the Year,’’ an award given by the Representative HANSEN has the pro- and ours. We will never forget that. Reserve Officers Association of Amer- tector and promoter of so many of f ica to two individuals annually for Utah’s interests. their tremendous leadership in the Mr. HANSEN’s service to the public TRIBUTE TO SENATOR BOB SMITH areas of military and national security. has spanned more that four decades. He Mr. CONRAD. Madam President, I There is no doubt that on and off the spent the first 12 years of his public take this opportunity to pay tribute to battlefield, MAX was a leader for the service career on the City Council of and recognize the hard work of my col- Armed Forces. Farmington, UT. Following that, he league from New Hampshire, Senator Senator CLELAND also provided sup- served for four terms as a member of BOB SMITH. Since joining the Senate in port to military personnel stationed at the Utah House of Representatives, in- 1990, he has fought with honesty and the Grand Forks Air Force Base in cluding one term as the Speaker of the commitment for the issues that he be- North Dakota. In 1997, during the dev- House. In 1980, Mr. HANSEN was elected lieved to be most important. astating floods in North Dakota, sev- to Congress where he has served dili- As the ranking member and former eral hundred active duty personnel gently until today. chairman of the Environment and Pub- from the Grand Forks base were unable Mr. HANSEN’s honesty, hard work, lic Works Committee, he focused great to access disaster relief because Fed- and strong character have made him a attention on reforms of the Corps of eral law limited assistance to per- lawmaker that we will never forget. I Engineers and funding to expand and sonnel living on the base. Senator am one of many who will sorely miss improve transportation infrastructure. CLELAND, as a member of the Senate his plain talking leadership and his Also, as a senior member of the Armed wisdom on matters of public policy. On Armed Services Committee, was in- Services Committee, Senator SMITH strumental in amending the law to en- behalf of my colleagues in the Senate fought passionately for a strong mili- able those servicemen living off base to and the people of Utah, I would like to tary, and always made national secu- be eligible for this critical disaster as- publicly thank JIM and his wonderful rity a top priority. sistance. wife Ann for giving so much of them- I had the pleasure of working with MAX’s bravery, courage, and passion selves to their State and to their Na- BOB SMITH in his efforts to establish for these issues and many others will tion. accountability measures for missing be missed. It has been an honor to f MIAs and POWs. In his capacity as a serve with somebody who represents GRATITUDE FOR NEW ZEALAND’S member of the Senate Select Com- his constituents with such energy, FIREFIGHTERS mittee on POW/MIA Affairs, Senator drive and passion. I would like to join SMITH was very helpful in answering my colleagues in wishing the Senator Mr. SMITH of Oregon. Madam Presi- dent, I rise today, on behalf of my and addressing questions about Viet- and his family the best in the future nam POWs from North Dakota. He also and paying tribute to his outstanding State of Oregon, to express our deepest gratitude for the New Zealanders who helped North Dakotans on POW issues public service. I wish him well. from the cold war era. f put their lives on the line this last summer in fighting the ravenous I also had the privilege of serving TRIBUTE TO REPRESENTATIVE wildfires experienced in the West. with Senator SMITH on the Ethics Com- JAMES V. HANSEN Even as the rains of fall settle into mittee, which he chaired. I found him Mr. HATCH. Madam President, I rise the forests of the Pacific Northwest, it to be completely fair and non-partisan to pay tribute to my long-time friend is not difficult to remember the fiery in his conduct of his duties. He also was one of the first of my col- and colleague, Representative JAMES infernos that engulfed the West only a leagues to console me on the untimely V. HANSEN. After 22 years of dedicated few months ago. The year 2002 was the service to his country and to the State second worst fire season in 50 years. death of my chief of staff, Kent Hall. of Utah, Jim has chosen to end his ca- Nationwide 21 lives were lost and 6.7 Mr. President, it has been an honor reer as a Member of Congress and re- million acres were burned. to serve in the Senate with BOB SMITH. turn home to Utah and to his grand- It was one of the Nation’s largest I have the utmost respect for his serv- children. fires, called the Biscuit Fire, that drew ice to the people of New Hampshire. I am pleased that Mr. HANSEN will be a cadre of international firefighters to While sitting in the historic desk of able to enjoy his retirement, but we Oregon, the world’s best sent to join Daniel Webster, he has made contribu- will miss him. Utah has never been bet- the fight against our worst disaster. tions not only to the Senate but also to ter served by a Member of Congress. The Biscuit Fire, the largest wildfire in our Nation. I would like to join my col- Just this year he was described by a Oregon in over a century, eventually leagues in wishing Senator SMITH and national media source as one of the 10 burned 500,000 acres in southwestern his family the best in the future. most powerful Members of the House of Oregon. At times, firefighters put the f Representatives. Considering the num- chances of losing one or all of the Illi- ber of Members of that body, that is nois Valley’s four towns at 75 percent. LOCAL LAW ENFORCEMENT ACT really saying something. Representa- However, 7,000 of the world’s best fire- OF 2001 tive HANSEN has had a very positive fighters beat the odds and staved off an Mr. SMITH of Oregon. Madam Presi- impact on our Nation, but his impact exploding fire that threatened hun- dent, I rise today to speak about hate on Utah and Utahns is truly incalcu- dreds of square miles and thousands of crimes legislation I introduced with lable. homes. As a result of their relentless Senator KENNEDY in March of last Mr. HANSEN was the first Representa- work, no lives were lost and structural year. The Local Law Enforcement Act tive from Utah to chair a full com- loss was virtually nonexistent. of 2001 would add new categories to mittee. Due in large part to the respect On behalf of my State of Oregon, I current hate crimes legislation sending he earned among his colleagues on both want to thank and commend the brave a signal that violence of any kind is sides of the aisle, he was appointed to New Zealand firefighters who helped unacceptable in our society. chair the high-profile Committee on win that battle against wildfire. They I would like to describe a terrible Standards of Official Conduct. are John Barnes, Darryl Robson, John crime that occurred December 28, 2001 As some of my colleagues may know, Sutton, Richard McNamara, Paul in Marshfield, MA. According to police, Utah is made up of about 70 percent Tolladay, Phil Wishnowsky, Robin a teenage assailant beat a man because public lands which includes national Thompson, Trevor Tiday, Jock the assailant thought the victim was parks, Bureau of Land Management Darragh, and Ross Hamilton. gay. The victim was standing outside a lands, national forests, national monu- While I hope that such perilous cir- local store when a car containing three ments, national wildlife refuges, and cumstances will never call these firemen pulled into the parking lot. One of

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.055 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11063 the men in the car yelled anti-gay ob- arbitration, which enjoys more than 60 Justice Department, and his efforts scenities at the victim. The victim en- Senate cosponsors and 200 House co- have borne fruit in this legislation. He tered the store with two friends, and sponsors and was included in the con- has also been one of the Senate’s best upon exiting, was beaten by the assail- ference report, Senator SESSIONS is advocates for reauthorizing the Juve- ant. The assailant yelled anti-gay epi- supporting this conference report be- nile Justice and Delinquency Preven- thets while punching and kicking the cause it will improve the Department tion Act, which we do here. In addition, victim, continuing the beating even of Justice and support local law en- he was a cosponsor of the Drug Abuse after the victim fell to the ground. forcement agencies across the nation. I Education, Prevention, and Treatment I believe that government’s first duty appreciate Senator SESSIONS’ work on Act, and we have included many provi- is to defend its citizens, to defend them the provisions in the conference report sions from that bill in this conference against the harms that come out of on the Paul Coverdell Forensic report. hate. The Local Law Enforcement En- Sciences Improvement Grants and the I also would like to thank Senator hancement Act of 2001 is now a symbol Centers for Domestic Preparedness in DURBIN for statements on the Senate that can become substance. I believe Alabama and other States. floor and his dedicated efforts to au- that by passing this legislation and Senator BROWNBACK also spoke in thorize a new Violence Against Women changing current law, we can change favor of certain immigration provi- Office, to expand the number of Boys hearts and minds as well. sions in this bill that he worked on and Girls Clubs in our nation, and to f with Senator KENNEDY, the Chairman create new judgeships in Illinois. of the Immigration Subcommittee of Senator KOHL was a tremendous help 21ST CENTURY DEPARTMENT OF the Judiciary Committee. In par- in our efforts to reauthorize the Juve- JUSTICE APPROPRIATIONS AU- ticular, the conference report includes nile Justice and Delinquency Preven- THORIZATION ACT language sought by Senators CONRAD tion Act, especially Title V of that Act, Mr. LEAHY. Madam President, I and BROWNBACK to reauthorize the pro- which provides for crucial prevention thank the Senate for voting to end de- gram allowing foreign doctors educated programs for our nation’s youth. bate and to pass the bipartisan 21st in the United States to remain here if Senator CARNAHAN deserves the cred- Century Department of Justice Au- they will practice in underserved com- it for the inclusion of the Law Enforce- thorization Act conference report. I munities. This is a crucial provision to ment Tribute Act in this conference recommend the Majority Leader for ensure that residents in some of our port. That provision provides Federal bringing this important legislation the most rural states receive adequate assistance for local communities seek- floor and filing cloture in order for the medical care. ing to honor fallen law enforcement of- Senate to take final action on the con- The conference report also contains ficers. Without her tireless work, we ference report. another important immigration provi- would not have been able to include I regret that consideration and a vote sion to permit H–1B aliens who have that provision in this conference re- on final passage on this important labor certification applications caught port. measure was delayed, but I thank the in lengthy agency backlogs to extend For his part, Senator FEINGOLD was overwhelming majority of my col- their status beyond the sixth year limi- able to include his and Senator HATCH’s leagues for supporting cloture and pas- tation or, if they have already exceeded Motor Vehicle Franchise Contract Ar- sage of the conference report. such limitation, to have a new H–1B pe- bitration Fairness Act in this con- This measure was passed by the tition approved so they can apply for ference report. That bill will ensure House, by a vote of 400 to 4, last Thurs- an H–1B visa to return from abroad or that auto dealers will have a level day. All Democrats were prepared to otherwise re-obtain H–1B status. Either playing field in their disputes with the pass the conference report that same a labor certification application or a auto manufacturers. day last week and any day this week. petition must be filed at least 365 days Finally, I also thank Senator REID Given the Republicans’ objection to prior to the end of the 6th year in order for his helpful comments and support proceed to a vote and given the refusal for the alien to be eligible under this throughout the debate on the legisla- to agree to a time agreement, the Ma- section. tion. jority Leader was required to file clo- The slight modification to existing Of course, our bipartisanship is evi- ture. I am glad that the filibuster is law made by this section is necessary denced by our including authorization over. to avoid the disruption of important for additional judgeships not only in This legislation is truly bipartisan. It projects caused by the sudden loss of California but also in Texas, Arizona, passed the House 400 to 4. The con- valued employees. At a time when our New Mexico, Ohio, North Carolina, Illi- ference report was signed by every con- economy is weak, this provision is in- nois and Florida. I have tried to im- feree, Republican or Democrat, includ- tended to help. I thank Senator prove on the record we inherited. ing Senator HATCH and Representatives KENNEDY and Senator BROWNBACK for In the six and one-half years that SENSENBRENNER, HYDE, and LAMAR their work on this provision and their they controlled the Senate, the Repub- SMITH. contributions to the conference report. lican majority was willing to add only Senators from both sides of the aisle I thank Senator FEINSTEIN for her ex- eight judgeships to be appointed by a spoke in favor of the legislation. In cellent speech earlier this week in sup- Democratic President, and most of particular, I thank Senator HUTCHISON port of this conference report. Senator those were in Texas and Arizona, for coming to the floor on Tuesday to FEINSTEIN has been a tireless advocate States with two Republican Senators. support this conference report. Senator for the needs of California, including We have, on the other hand, proceeded HUTCHISON has spoken to me many the needs of the federal judiciary along at our earliest opportunity to increase times about the need for more judge- the southern border. She has led the ef- federal judgeships by 20, including in ships along the Texas border with Mex- fort to increase judicial and law en- the border States where they are most ico to handle immigration and crimi- forcement resources along our south- needed, well aware these positions will nal cases. ern border. I am proud to have served be filled with appointments by a Re- The conference report includes three as the chair of the House-Senate con- publican President who has shown lit- new judgeships in the conference report ference committee that unanimously tle interest in working with Democrats for Texas, one more than was included reported a bill that includes five judge- in the Senate. These include a number in the bill reported to the Senate by ships for the Southern District of Cali- of jurisdictions with Republican Sen- the Senate Judiciary Committee and fornia. Long overdue relief for the ators. passed by the Senate last December. Southern District of California could I also commend the senior Senator I thank Senator SESSIONS for his be on the way once this conference re- from California for her leadership on statements on Tuesday and today in port is adopted. the ‘‘James Guelff and Chris McCurley support of this bipartisan conference Senator BIDEN also contributed a Body Armor Act,’’ the State Criminal report. great deal to this conference report. He Alien Assistance Program reauthoriza- Although he opposes Senator HATCH’s has fought doggedly to authorize a new tion, and the many anti-drug abuse legislation regarding automobile dealer Violence Against Women Office at the provisions included in this conference

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.148 S14PT2 S11064 CONGRESSIONAL RECORD — SENATE November 14, 2002 report. She spoke eloquently on the those objections. I should note that change, the provision may not be usa- floor of the Senate regarding many of even in posing an objection to and de- ble. This law is vital in stopping the the important provisions she has cham- laying passage of the conference re- flow of money to terrorists. Worse yet, pioned in this process. port—as is their rights as Senators— at a time when the President is going This conference report will strength- these Members acknowledged that before the U.N. emphasizing that our en our Justice Department and the there were parts of this bill they liked enemies are not complying with inter- FBI, increase our preparedness against or may like upon review. national law, by blocking this minor terrorist attacks, prevent crime and Contrary to those who may argue fix, we leave ourselves open to a charge drug abuse, improve our intellectual that this legislation is not a priority, that we are not complying with an property and antitrust laws, strength- it is. Congress has not authorized the anti-terrorism treaty. en and protect our judiciary, and offer Department of Justice in more than I agree with other Members that we our children a safe place to go after two decades. While the Justice Depart- should do more to help the FBI Direc- school. ment would certainly continue to exist tor in transforming the FBI from a This conference report is the product if we were to fail to reauthorize it, that crime fighting to a terrorism preven- of years of bipartisan work. By my is not an excuse for shirking our re- tion agency and to help the FBI over- count, the conference report includes sponsibility now. I know that Senator come its information technology, man- significant portions of at least 25 legis- HATCH and Representatives agement and other problems to be the lative initiatives. This legislation is SENSENBRENNER and CONYERS share my best that it can be. The Judiciary Com- neither complicated nor controversial. view. It is long past time for the Judi- mittee reported unanimously the It passed the House overwhelmingly ciary Committees of the House and Leahy-Grassley FBI Reform Act, S. and in short order with a strong bipar- Senate—and the Congress as a whole— 1974, over six months ago to reach tisan vote. to restore their proper oversight role those goals, but this legislation has I thank my colleagues again for sup- over the Department of Justice. been blocked by an anonymous hold porting the cloture motion and final Through Republican and Democratic from moving forward. This conference passage of this conference report so administrations, we have allowed the report contains parts of that bipartisan that all of this bipartisan work and all Department of Justice to escape its ac- legislation, but not the whole bill, the good that this legislation will do, countability to the Senate and House which continues to this day to be will reach the President’s desk. I par- of Representatives and through them blocked to this day. ticularly want to thank Senator to the American people. Congress, the Since the attacks of September 11 HATCH, who worked very hard to help people’s representative, has a strong and the anthrax attacks last fall, we construct a good, fair and balanced institutional interest in restoring that have relied on the FBI to detect and conference report as did all of the con- accountability. The House has recog- prevent acts of catastrophic terrorism ferees. Likewise, I want to thank nized this, and has done its job. I am that endanger the lives of the Amer- Chairman SENSENBRENNER and Rep- glad that we have done ours. ican people and the institutions of our resentative CONYERS of the House Judi- I agree with those Members who say country. Reform and improvement at ciary Committee for working with us that we need to give anti-terrorism pri- the FBI was already important, but the to conclude this conference report suc- ority, but not lose sight of the other terrorist attacks suffered by this coun- cessfully. important missions of the Department try last year have imposed even great- The staffs of these Members must of Justice. The conference report takes er urgency on improving the FBI. The also be thanked for working through such a balanced approach. Those critics Bureau is our front line of domestic de- the summer and over the last month to who say that there is nothing new in fense against terrorists. It needs to be bring all the pieces of the conference this legislation to fight terrorism, have as great as it can. report together into a winning pack- missed some important provisions in Even before those attacks, the Judi- age. In particular, the House Judiciary the legislation as well as my floor ciary Committee’s oversight hearings Committee staff has been enormously statements over the past week out- revealed serious problems at the FBI helpful, including Phil Kiko, Will lining what the conference report con- that needed strong congressional ac- Moschella, Blaine Merritt, Perry tains to help in the anti-terrorism ef- tion to fix. We heard about a double Apelbaum, Ted Kalo, Sampak Garg, fort. standard in evaluations and discipline. Bobby Vassar, and Alec French. I Let me repeat the highlights of what We heard about record and information would also like to thank the staff of the conference report does on this im- management problems and commu- the House Education and Workforce portant problem. nications breakdowns between field of- Committee, including Bob Sweet and The conference report fortifies our fices and Headquarters that led to the Denise Forte. The Senate Judiciary border security by authorizing over $20 belated production of documents in the Committee staff has shown its out- billion for the administration and en- Oklahoma City bombing case. Despite standing professionalism and I want to forcement of the laws relating to im- the fact that we have poured money thank Bruce Cohen, Beryl Howell, Ed migration, naturalization, and alien into the FBI over the last five years, Pagano, Tim Lynch, Jessica Berry, registration. It also authorizes funding we heard that the FBI’s computer sys- Robyn Schmidek and Phil Toomajian, for Centers for Domestic Preparedness tems were in dire need of moderniza- Makan Delrahim, Leah Belaire, Mi- in Alabama, Texas, New Mexico, Lou- tion. chael Volkov, Melody Barnes, Esther isiana, Nevada, Vermont and Pennsyl- We heard about how an FBI super- Olavarria, Robert Toone, Neil vania, and adds additional uses for visor, Robert Hanssen, was able to sell MacBride, and Louisa Terrell. grants from the Office of Domestic Pre- critical secrets to the Russians unde- I appreciate that not all Members paredness to support State and local tected for years without ever getting a were or could be conferees and partici- law enforcement agencies. These provi- polygraph. We heard that there were no pate in the conference, but after a full sions have strong bipartisan support. I fewer than 15 different areas of secu- opportunity to study the conference re- thank Senator SESSIONS, Senator rity at the FBI that needed fixing. port passed last week in the House by SHELBY and Senator SPECTER for sup- The FBI Reform Act tackles these a vote of 400 to 4, I hope that even porting cloture on the conference re- problems with improved account- those Members who raised objection port and for final passage. ability, improved security both inside will conclude that on the whole this is Another measure in the bill would and outside the FBI, and required plan- a good, solid piece of legislation. correct a glitch in a law that helps ning to ensure the FBI is prepared to Although the debate is over, I want prosecutors combat the international deal with the multitude of challenges to address the objections raised by a financing of terrorism. I worked close- we are facing. few Members to this legislation. I ly with the White House to pass the We are all indebted to Senator thank these Members for coming to the original provision to bring the United GRASSLEY for his leadership in the floor to discuss their views and con- States into compliance with a treaty area. Working with Republicans and cerns, and want to show them the re- that bans terrorist financing, but with- Democrats on the Senate Judiciary spect they deserve by responding to out this technical, non-controversial Committee we unanimously reported

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.160 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11065 the FBI Reform Act more than six also authorized an additional judge for dispute resolution provision in the con- months ago only to be stymied in our Arizona. Members have been arguing ference report for bypassing the Com- bipartisan efforts by an anonymous Re- for years that their States need more mittee. But, again, that is incorrect. publican hold. judges. We took those arguments seri- The Judiciary Committee fully consid- The conference report does not con- ously, and added another new judge for ered this proposal and reported Senator tain all of the important provisions in Arizona on top of the two that were HATCH’s Motor Vehicle Franchise Con- the FBI Reform Act that Senator added in 1998 and the third that was tract Arbitration Fairness Act last Oc- GRASSLEY and I, and the other mem- added in 2000. As I said before, we have tober 31. It has been stalled from the bers of the Judiciary Committee, added 20 additional judicial positions Senate floor by anonymous Republican agreed were needed, but it does contain in this conference report. holds. parts of that other bill. Some have been critical of the con- A section allowing FBI danger pay Among the items that are, unfortu- ference report’s authorization of fund- was cited as a proposal that bypassed nately, not in the conference report ing for DEA police training in South Committee consideration, but, again, and are being blocked from passing in and Central Asia, and for the United the Judiciary Committee did consider the stand-alone FBI Reform bill by an States-Thailand drug prosecutor ex- this proposal as part of the original anonymous Republican hold are the change program. I believe that both of DOJ Authorization bill, S. 1319. following: Title III of the FBI Reform these are worthy programs that de- Some have complained that the Fed- bill that would institute a career secu- serve the Senate’s support. eral Judiciary Protection Act, which is rity officer program, which senior FBI I have listened to President Bush and included in the conference report, had officials have testified before our Com- others in his Administration and in not come before the Committee, but on mittee would be very helpful; Congress argue that terrorist organiza- the contrary, this legislation, S. 1099, Title IV of the FBI Reform bill out- tions in Asia, including Al Qaeda, have was passed the Judiciary Committee lining the requirements for a polygraph repeatedly used drug proceeds to fund and the Senate by unanimous consent program along the lines of what the their operations. The conferees wanted last year and in the 106th Congress, as Webster Commission recommended; to do whatever we could to break the well. Title VII of the FBI Reform bill that link between drug trafficking and ter- A complaint was raised on the floor takes important steps to fix some of ror, and we would all greatly appre- about a provision on the U.S. Parole the double standard problems and sup- ciate the Senate’s assistance in that ef- Commission being included in the con- port the FBI’s Office of Professional fort. ference report. That was included be- Responsibility, which FBI Ethics and Beyond the relationship between cause the Bush Administration in- OPR agents say is very important; and drug trafficking and terrorism, the pro- cluded it in its budget request. Title VIII to push along implementa- duction of drugs in Asia has a tremen- A complaint was also raised about tion of secure communications net- dous impact on America. the conference report’s provision estab- works to help facilitate FISA proc- For example, more than a quarter of lishing the FBI police to provide pro- essing between Main Justice and the the heroin that is plaguing the north- tection for the FBI buildings and per- FBI. These hard-working agents and eastern United States, including my sonnel in this time of heightened con- prosecutors have to hand-carry top se- State of Vermont, comes from South- cerns about terrorist attacks. Contrary cret FISA documents between their of- east Asia. Many of the governments in to the critics, this proposal was consid- fices because they still lack send se- that region want to work with the ered by the Judiciary Committee as cure e-mail systems. United States to reduce the production part of the FBI Reform Act, S. 1974, The FBI Reform bill would help fix of drugs, and these programs will help. which was reported unanimously on a may of these problems and I would It is beyond me why any Senator would bipartisan basis but has been blocked hope we would be able to pass all of the oppose them. by an anonymous hold. FBI Reform Act before the end of this Some have complained that the con- Similarly, a complaint was made on Congress. These should not be conference report demands too many re- the floor about bypassing the Com- troversial provisions and are designed ports from the Department of Justice mittee with the provision in the con- to help the FBI. and that this would interfere with the ference report for the FBI to tell the During the debate on this conference Department’s ongoing counterterorism Congress about how the FBI is updat- report, some Members complained it efforts. It is true that our legislation ing its obsolete computer systems. included provisions that were not con- requires a number of reports, as part of Again, this is incorrect. This provision tained in either the Senate or House our oversight obligations over the De- was included in the FBI Reform Act, S. bills. Now, each of the proposals we partment of Justice. I assure the Sen- 1974, which was considered by the Judi- have included are directly related to ate, however, that if the Department of ciary Committee and unanimously re- improving the administration of jus- Justice comes to the House and Senate ported without objection. tice in the United States. We were Judiciary Committees and makes a Some critics have complained that asked to include many of them by Re- convincing case that any reporting re- the conference report includes intellec- publican members of the House and quirement in this legislation will tual property provisions that have Senate. hinder our national security, we will passed neither the House or the Senate. Let me give you some examples. The work out a reasonable accommodation. It is not for lack of trying to pass these conference report reauthorizes the I think, however, that such a turn of provisions through the Senate, but State Criminal Alien Assistance Pro- events is exceedingly unlikely, as no anonymous Republican holds have held gram, which President Bush has sought one at the Department has mentioned up for months passage of the Madrid to eliminate. On March 4 of this year, any such concerns. Protocol Implementation Act, S. 407. Senator KYL and Senator FEINSTEIN Some Members have complained that This legislation has passed the House sent me a letter asking me to include the conference report includes pieces of on three separate times in three con- an authorization for SCAAP—which legislation that had not received Com- secutive Congresses. Let us get it was not authorized in either the House- mittee consideration. Let me deal with passed now in the conference report. or Senate-passed bill—in the con- some of the specific proposals that The conference report also contains ference report. That proposal had been have been cited. another intellectual property matter, considered and reported by the Judici- The Law Enforcement Tribute Act the Hatch-Leahy TEACH Act, to help ary Committee but a Republican hold was mentioned as a provision not con- distance learning. Contrary to the crit- has stopped Senate consideration and sidered by the Judiciary Committee, ics’ statements, this passed the Senate passage. I agreed with Senator KYL but this is incorrect. In reality, the in June, 2001. that we should authorize SCAAP. I Committee reported that bill favorably The Intellectual Property and High still believe that it is the right thing to on May 16. Its passage has been blocked Technology Technical Amendments do. by an anonymous Republican hold. Act, S. 320, contained in this con- In addition to including the reau- Complaints have been made about inference report, was passed by the Sen- thorization of SCAAP, the conferees clusion of the motor vehicle franchise ate at the beginning of this Congress,

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.162 S14PT2 S11066 CONGRESSIONAL RECORD — SENATE November 14, 2002 in February, 2001. It is time to get this erans led to the final agreements that to any part of the globe. Today, we can done. brought this bill to the floor. do that by dispatching our forces in The criticism made on the floor that Let me recognize the efforts of every carrier battle groups or amphibious the juvenile justice provisions in the Senator on the Committee. As a former ready groups. However, as a former conference report never passed the member of that committee, I well un- chair of the Seapower Subcommittee, I House or Senate is simply wrong. The derstand the long hours and persistent remained concerned, as I know the conference report contains juvenile effort needed to move this vital bipar- committee is, about the continuing de- justice provisions passed by the House tisan legislation. cline in shipbuilding investments made in September and October of last year, The conference report takes great by the Navy. in H.R. 863 and H.R. 1900. strides toward improving the quality of I note the conferees included detailed The criticism that the conference re- service for our dedicated men and language about the Navy’s ship acqui- port contains criminal justice improve- women of the military, modernizing sition program and completely agree ments that were passed by neither the our armed services, and making our with their conclusion that, without a House or the Senate glosses over two homeland safe. fully vetted long range ship-building important points: First, that many of Because we recognize that our serv- program, we will be faced with a Navy the provisions were indeed passed by ice members are our most valuable that is unable to carry out the mis- the House, and, second, that others asset, this legislation makes a solid in- sions assigned to them in both the have been blocked from Senate consid- vestment in their quality of life by in- short-term and the long-term. eration and passage by anonymous Re- creasing pay and enhancing edu- To quote the report, ‘‘Absent more publican holds. Let me give you some cational and health care opportunities immediate investment, DOD will have examples. for our active duty military members to reduce the number or scope of mis- The conference report contains the and their family members. And that is sions assigned to Navy ships. Witnesses Judicial Improvements Act, S. 2713 and only right, for today we are asking a have testified that, if neither course is HR 3892, that passed the House in July, great deal of our gallant young men incorporated in future Navy budget 2002, but consideration by the Senate and women as they guard our Nation at programs, the men and women of the was blocked after the Senate bill was home and abroad in this dangerous and Navy and the Marine Corps will bear reported by the Judiciary Committee. deadly post-September 11 world. the burden of these decisions through The Antitrust Technical Corrections This legislation recognizes that we some combination of longer deploy- bills, H.R. 809, had the same fate. After also owe a continuing debt to those ments and less time at home between being passed by the House in March, who have served honorably by finally deployments.’’ 2001, and reported by the Senate Judi- granting combat-wounded military re- I find that very troubling indeed in ciary Committee, consideration was tirees the same benefit available to these dangerous times. blocked in the Senate. every other retired Federal employee— Therefore, I am encouraged this leg- CONCLUSION the ability to collect full retirement islation mandates stronger ship- This conference report is a com- pay and disability entitlements with- building funding and construction in prehensive attempt to ensure the ad- out offsets. There is much work to be the future years. Provisions such as ministration of justice in our nation. It done before we achieve the full equity section 1022 that requires the Navy to is not everything I would like or that of concurrent receipt for all disabled submit an annual 30 year shipbuilding any individual Member of Congress military retirees, but as Senator plan with their budget request will not might have authored. WARNER has appropriately noted, we only assist us in understanding the It is a conference report, a consensus have established a ‘‘beachhead’’ for Navy’s ship recapitalization plan but document, a product of the give and this issue. will ensure that the Department of De- take with the House that is our legisla- I do find it regrettable, however, that fense and Navy are committed to buy- tive process. It will strengthen our Jus- the conference report does not coming the number and type of ships nec- tice Department and the FBI, increase plete the job of overturning the ban on essary to fulfill all of their missions. our preparedness against terrorist at- privately funded abortion services in I am also pleased that this authoriza- tacks, prevent crime and drug abuse, overseas military hospitals for mili- tion provides $2.4 billion for the con- improve our intellectual property and tary women and dependents based over- struction of two DDG–51 Arleigh-Burke antitrust laws, strengthen and protect seas, which was reinstated in the Fis- class destroyers and extends through our judiciary, and offer our children a cal Year 1996 authorization bill. fiscal year 2007 the multi-year procure- safe place to go after school. This is a ban that, without merit or ment authority for that class. For it is The conference report merits the sup- reason, puts the reproductive health of these ships, along with cruisers and port of the United States Senate to these women at risk . . . a ban that the frigates, that provide protection to the help the Justice Department and the Senate voted to overturn in June by a carriers and amphibious ships we are American people. vote of 52–40. Sadly, this is the second deploying to the Persian Gulf to pros- f time that this policy change, which has ecute the war on terrorism. Surface been supported by the majority of the combatants are the backbone of our FY 2003 DEFENSE AUTHORIZATION Senate, has fallen victim to the con- Navy and I support section 1021 that re- CONFERENCE REPORT ference committee process. quires the Secretary of the Navy to no- Mr. SNOWE. Madam President, I rise This ban continues to be a threat to tify Congress should the number of ac- today to speak briefly about my sup- more than just the freedoms of Amer- tive and reserve surface combatant port for the fiscal year 2003 National ican military women overseas, it’s also ships drop below 116. Defense Authorization Conference Re- a threat to their health because it The legislation also looks to the fu- port and would like to particularly en- places them at the mercy of the local ture by authorizing almost $970 million dorse its name as the Bob Stump Na- health care infrastructure in whatever for the development of technologies to tional Defense Authorization Act for country that they are based. While I be incorporated into the next genera- Fiscal Year 2003 in recognition of the support this conference report, I re- tion of surface combatant, the DD(X) chairman of the House Armed Services main deeply disappointed that the con- land attack destroyer. Moreover, it Committee’s 25 years of distinguished ference did not include this critical adds $5 million for the DDG Destroyer service to that Committee. change of policy regarding this arbi- Optimized Manning Initiative, a Navy I also acknowledge the senior Sen- trary ban. effort to enhance the operational effec- ator from Michigan, Mr. CARL LEVIN, As for modernizing our forces, let me tiveness of Aegis destroyers with new the chairman of the Armed Services speak on an area that is critical to the technologies, policies and procedures Committee, for the leadership he pro- security of the Nation—shipbuilding. to significantly reduce crew workload vided in support of the authorization We are learning that in order to effec- and improve readiness. bill, and, of course, the ranking mem- tively engage the forces of terror wher- The legislation authorizes $10.4 bil- ber, Senator JOHN WARNER of Virginia, ever they hide, we must have the abil- lion, $376 million more than requested, whose tireless efforts on behalf of vet- ity to project our power immediately for science and technology programs

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.164 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11067 including many that will be performed Department of Transportation Inspec- isting law to require a knowing and willful in Maine to protect our troops and our tor General, many of which have al- standard to, not only engaging in an exca- homeland such as the project designed ready been started. vation activity, but also to subsequently damaging a pipeline facility. The con- to help identify and address the needs Mr. HOLLINGS. To expedite enact- sequence of the court’s interpretation makes of military personnel in the event of a ment of the significant pipeline safety prosecutions more difficult by requiring the biowarfare attack. reforms included in this bill, the lead- government to show the defendant knew sub- Of potentially significant value to ership of the Senate Committee on sequent damages would result from exca- the Navy, it authorizes $1 million for Commerce, Science, and Transpor- vation activity and that the defendant’s con- research at the University of Maine tation has worked with the House Com- duct was willful. This section of the bill cor- aimed at developing a specialized mittees on Transportation and Infra- rects the court’s interpretation by now re- structural reliability analysis process structure and Energy and Commerce in quiring that the ‘‘knowingly and willfully’’ standard apply only to engaging in an exca- to optimize the use of polymers in fu- developing the compromise agreement. vation activity. ture ship construction, and provides $5 This Joint Explanatory Statement This section also provides that penalties million in funding for development of a therefore represents the views of the under the criminal penalties section can be Small Kill Vehicle Technology, aimed Chairman and Ranking Member of the reduced if the violator promptly reports a at improving the accuracy of missile Senate Commerce Committee, along violation. and anti-missile technology. with the Chairmen and Ranking Mem- Section 4. State oversight role Furthermore, among the more crit- bers of the Transportation and Infra- This section amends section 60106 of Title ical provisions of this legislation are structure Committee and the Energy 49 to allow the Secretary of Transportation those aimed at protecting our home- and Commerce Committee. This Joint to make an agreement with a state authority authorizing the state authority to par- land. It provides the President with $10 Explanatory Statement will provide ticipate in the oversight of interstate pipe- billion for the war against terrorism legislative history for interpreting this line transportation including incident inves- including $4.3 billion for military oper- important pipeline safety legislation. tigation, new construction, and other inspec- ations and $1 billion for equipment re- I ask unanimous consent that this tion and investigatory duties. However the placement and upgrades to military ca- statement be printed in the RECORD. Secretary shall not delegate the enforcement pabilities. There being no objection, the mate- of safety standards for interstate pipeline fa- And finally, the legislation includes rial was ordered to be printed in the cilities to a state authority. This section further provides that the Secretary may termi- almost $1 billion for Chem-Bio pro- RECORD, as follows: grams designed to provide advanced in- nate agreements with the State authorities SECTION-BY-SECTION ANALYSIS if a gap results in the State authority’s over- dividual protection and equipment to Section 1. Short title; amendment of title 49, sight responsibilities of intrastate pipeline detect and decontaminate chemical United States Code transportation, the State authority fails to and biological agents, as well as an ad- This section designates the act as the meet requirements set forth in this section, ditional $480 million for DoD homeland ‘‘Pipeline Safety Improvement Act of 2002.’’ or continued participation in the oversight of interstate pipeline transportation would security and consequence management. Section 2. One-call notification programs This authorization provides the men not promote pipeline safety. Existing state and women of our armed forces with This section requires that state one-call agreements shall continue until a new agree- notification programs provide for the par- the equipment they need to accomplish ment between the state and the DOT is exe- ticipation of government operators and con- cuted or December 31, 2003, whichever is their mission, the quality of life they tract excavators. Section 2 also requires that sooner. have earned and security for their fam- state one-call notification programs docu- Section 5. Public education programs ilies. I have been proud to support this ment enumerated items set forth in the stat- Section 5 amends section 60116 of Title 49 ute. Additionally, the requirement that the legislation because in a year when our to include hazardous liquid pipeline facilities Secretary of Transportation include certain Nation is facing unprecedented secu- in this section requiring a continuing pro- information in reports submitted under sec- rity challenges and dangers, we can do gram to educate the public on the use of one- tion 60124 of Title 49 is made permanent. Au- no less. call notification systems, the possible haz- thorizations for appropriations for grants to f ards associated with unintended releases, states for fiscal years 2003 through 2006 are and how to tell if an unintended release oc- THE PIPELINE SAFETY provided at $1,000,000 per year, and grants for curred, what steps should be taken for public IMPROVEMENT ACT OF 2002 administration in section 6107(b) are updated safety in the event of a pipeline release, and for fiscal years 2003 through 2006. This sec- how to report such an event. This section Mr. HOLLINGS. Madam President, I tion also amends section 6105 of Title 49 by also requires owners and operators to review am pleased that last night the Senate requiring the Secretary of Transportation to existing public education programs for effec- unanimously passed pipeline safety encourage the states, operators of one-call tiveness and to modify their programs as legislation in the form of H.R. 3609, the notification programs, operators of under- necessary. In addition, the section allows the Pipeline Safety Improvement Act of ground facilities, and excavators (including Secretary to issue standards prescribing the government and contract excavators) to use elements of public education programs and 2002. This bill is the product of over the practices set forth in the best practices three years of bipartisan work and develop materials for use in such programs. report entitled ‘‘Common Ground,’’ as peri- Previous versions of Senate-passed pipeline compromise, and I thank my colleague, odically updated, and requires the Secretary safety legislation also included a provision Senator MCCAIN, for his leadership on of Transportation to provide technical as- calling for the coordination of emergency this important issue. sistance to a non-profit organization specifi- preparedness between operators of pipeline Mr. MCCAIN. I would like to thank cally established for the purpose of reducing facilities and state and local officials, as well my many colleagues for joining us in construction-related damage to underground as to provide for public access to certain supporting this important legislation. facilities. Authorizations for appropriations safety information. Agreement was not This bill will result in improvements in for fiscal years 2003 through 2006 are provided reached on how safety information could be at $500,000 per year, but would not be derived the safety regulatory program at the accessed by the public in a manner that from user fees collected under section 60301 would protect security-sensitive information Department of Transportation, in- of title 49. from distribution. The managers agreed that creased levels of safety throughout our Section 3. One-call notification of pipeline this issue would be better dealt with in the national pipeline system, and in the operators context of the pending homeland security communities through which pipelines This section provides for the enforcement legislation. run. This bill contains several impor- of one-call notification programs by a state Section 6. Protection of employees providing tant improvements, including: require- authority if the state’s program meets the pipeline safety information ments for minimum standards for pipe- requirements set forth in the statute. The This section adds provisions for the protec- line integrity management programs, application of the term ‘‘person’’ who in- tion of employees who are discharged or oth- requirements for public education pro- tends to engage in an activity necessitating erwise discriminated against with respect to grams, and requirements that the Of- the use of the one-call system is expanded to compensation, terms, conditions, or privi- fice of Pipeline Safety and the Re- include government employees or contrac- leges of employment for (1) providing infor- tors. mation to the federal government about al- search and Special Programs Adminis- This section amends section 60123(d) of leged violations of Federal law relating to tration comply with safety rec- Title 49 by rearranging the phrase pipeline safety; (2) refusing to participate in ommendations made by the National ‘‘knowingly and willfully’’ to address the any practice made illegal by Federal law re- Transportation Safety Board and the problem raised when a court interpreted ex- lating to pipeline safety; or (3) assisting or

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.165 S14PT2 S11068 CONGRESSIONAL RECORD — SENATE November 14, 2002 participating in any proceeding to carry out is to provide grants to communities for tech- participating agencies are encouraged to in- the purposes of pipeline safety legislation. nical assistance such as engineering or sci- clude such lines in their research, develop- This section establishes the procedural entific analysis of pipeline safety issues. Ap- ment, demonstration, and standardization framework in which complaints are handled plicants must compete for the grants in a efforts on the integrity of gathering lines. by the Secretary of Labor and the remedies procedure established by the Secretary of Section 13. Pipeline qualification programs available to the prevailing party. Transportation, who shall also establish the This section contains a provision that es- criteria for the recipients. Additionally, the This section requires the Secretary of sentially says if a preliminary order provides Secretary must establish procedures to en- Transportation to require operators of pipe- that an employee must be allowed to return sure that the funds have been properly ac- line facilities to develop qualification pro- to work, the filing of an objection by the em- counted for and spent in a manner consistent grams for their personnel who perform cov- ployer ‘‘shall not operate to stay any rein- with the purpose of the grants. Any one- ered tasks (as defined in the Code of Federal statement remedy contained in the prelimi- grant recipient may not receive more than Regulations). This section also requires the nary order.’’ The intention of this language $50,000. The grant funds cannot be used for Secretary to have in place standards and cri- is to assure that the mere filing of an objec- lobbying or in direct support of litigation. teria for such qualification programs, includ- tion would not work as an automatic stay, This section authorizes the appropriation of ing a method for examining or testing the thus precluding an employee from returning $1,000,000 for each of the fiscal years 2003 qualifications of individuals who perform to work pending the outcome of the matter. through 2006. covered tasks. Such method may include written examination, oral examination, on- However, this language would not preclude Section 10. Operator assistance in investigations an employer from filing an independent mo- the-job training, simulations, observation This section requires the operator of a tion for a stay if sufficient grounds exist for during on-the-job performance, and other pipeline facility to make available informa- the filing of such a motion. forms of assessment. The method may not be tion and records to the Secretary of Trans- limited to observation of on-the-job perform- Section 7. Safety orders portation or the National Safety Transpor- ance, except with respect to tasks where the Section 7 adds a paragraph to section 60117 tation Board (NTSB) in the event of an acci- Secretary has determined specifically that of Title 49 to give the Secretary of Transpor- dent, subject to constitutional protections such observation is the best method of exam- tation authority to order an operator of a fa- for operators and employees. Actions taken ining or testing qualifications. Further, the cility to take corrective action if the Sec- by an operator pursuant to this section shall Secretary must ensure that the results of retary decides that a potential safety-related be in accordance with the terms and condi- any such on-the-job performance observa- condition exists. The Office of Pipeline Safe- tions of any applicable collective bargaining tions are documented in writing. The Sec- ty (OPS) requested this provision so that agreement. retary may waive or modify requirements if corrective action could be taken imme- Section 11. Population encroachment and not inconsistent with pipeline safety. The diately rather than waiting until a facility is rights-of-way Secretary is required to verify each opera- classified as ‘‘hazardous’’ prior to requiring This section requires the Secretary of tor’s qualification program, including modi- corrective action. Transportation, along with the Federal En- fications to previously verified programs. In Section 8. Penalties ergy Regulatory Commission (FERC) and the event the Secretary fails to establish This section modifies the existing pen- other federal agencies and state and local standards and criteria as set forth in this alties provision set forth in section 60112 of governments, to study land use practices and section, pipeline facility operators are re- Title 49 to allow the Secretary of Transpor- zoning ordinances, as well as the preserva- quired to develop and implement qualifica- tation to decide if the operation of a pipeline tion of environmental resources, with regard tion programs based on the requirements of facility, is ‘‘or would be’’ hazardous to life, to pipeline rights-of-way. Based upon the this section. The Secretary is required to re- property, or the environment. The purpose of purposes set forth in this section, a report is port to Congress within 5 years on the status the modification is to give the Secretary au- to be written that identifies successful prac- and results of personnel qualification regula- thority to take action prior to the facility, tices, ordinances, and laws addressing popu- tions. A pilot program is established for the the construction of the facility, or any com- lation encroachment on pipeline rights-of- certification of individuals who operate component of the facility actually becoming haz- way, being mindful of protecting the public puter-based systems for controlling the oper- ardous, thereby establishing a framework of safety, pipeline workers, and the environ- ations of pipelines. The pilot program seeks preventative actions, rather than actions ment. The report must be completed within the participation of 3 pipeline facilities. only in response to an imminent hazard. one year from the date of enactment and Section 14. Risk analysis and integrity In subsection (a)(1) of section 60122, the provided to Congress, appropriate federal management programs for gas pipelines amounts of the penalties have been in- agencies, and the States for further distribu- This section requires operators of pipeline creased. The per day, per incident, amount tion to the appropriate local authorities. facilities subject to section 60109 of Title 49 has been increased from $25,000 to $100,000. Section 12. Pipeline integrity, safety, and to adopt and implement a written integrity The maximum civil penalty for a related se- reliability research and development management program to reduce risks to each ries of violations has been increased from This section requires the heads of the par- facility. Within 12 months of the enactment $500,000 to $1,000,000. This section of the bill ticipating agencies to carry out a program of of the bill, this section requires the Sec- also provides that, in determining the research, development, demonstration, and retary of Transportation to prescribe stand- amount of a civil penalty, the Secretary of standardization to ensure the integrity of ards to direct each operator’s conduct of a Transportation shall consider as an addi- pipelines. The Secretary of Energy, Sec- risk analysis and adoption and implementa- tional consideration in section 60122(b) of retary of Transportation, and the Director of tion of an integrity management program, Title 49, the adverse impact on the environ- the National Institute of Standards and which must occur within 24 months from the ment. The Secretary of Transportation may Technology (NIST) each have defined roles. enactment of the section. Minimum require- consider the economic benefit gained from The Secretary of Transportation, in coordi- ments are set forth in this section for integ- the violation without reduction because of nation with the Secretary of Energy and the rity management programs and for the rule subsequent damages. Director of the National Institute of Stand- regulating the same, which include a base- This section also modifies the enforcement ards and Technology, shall prepare and sub- line integrity assessment of each of an oper- section of the statute (section 60120(a)(1) of mit to Congress a 5-year plan to guide the ator’s facilities which must be completed Title 49) by specifically providing that the activities under this section. The plan shall within 10 years after the enactment of the court may award appropriate relief, includ- also be submitted to the Technical Pipeline section (at least 50 percent of such facilities ing a temporary or permanent injunction, Safety Standards Committee and the Tech- shall be assessed no later than 5 years after punitive damages, and the assessment of nical Hazardous Liquid Pipeline Safety the date of enactment of this section), and a civil penalties. The current statutory lan- Standards Committee for review. The sec- reassessment of each facility at a minimum guage specifying that the Attorney General tion authorizes appropriations for the fiscal of once every 7 years, with prioritization may proceed only at the request of the Sec- years 2003 through 2006 in the following being based on all relevant risk factors, in- retary of Transportation remains in effect. amounts: Secretary of Energy: $10,000,000; cluding any previously discovered defects or Section 8 also requires that the Comp- the Secretary of Transportation: $10,000,000; anomalies and any history of leaks, repairs, troller General conduct a study of the ac- and the National Institute of Standards and or failures. tions, policies, and procedures of the Sec- Technology: $5,000,000. Any sums authorized The Secretary of Transportation is re- retary of Transportation for assessing and pursuant to this section shall not be derived quired to issue a rule on integrity manage- collecting fines and penalties. from user fees. In addition $3,000,000 from the ment programs, and each operator of a pipe- Section 9. Pipeline safety information grants to Oil Spill Liability Trust Fund shall be trans- line facility subject to section 60109 of Title communities ferred to the Secretary of Transportation, as 49 is required to adopt and implement an in- Section 9 requires the Secretary of Trans- provided in appropriations Acts, to carry out tegrity management program, even if the portation to make grants for technical as- programs for detection, prevention, and Secretary does not issue a rule. This section sistance to local communities and groups of mitigation of oil spills for each of the fiscal does not apply to natural gas distribution individuals (not including for-profit entities) years 2003 through 2006. lines because section 60109 of Title 49 does relating to the safety of pipelines in local Even though the Secretary of Transpor- not, nor was it intended to, apply to natural communities. The purpose of this provision tation does not regulate gathering lines, the gas distribution lines.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.112 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11069 Section 14 authorizes the Secretary of The chairman of the Council on Environ- sons for refusals to do so. The responses shall Transportation to grant waivers and modi- mental Quality shall chair the Interagency be made available to the public. The OPS is fications pursuant to section 60118(c) of Title Committee, which shall consist of represent- required to submit an annual report describ- 49 for any requirement for reassessment of a atives of Federal agencies with responsibil- ing each recommendation received and the facility for reasons that may include the ities relating to pipeline repair projects. The OPS response to each recommendation for need to maintain local product supply or the Interagency Committee shall evaluate Fed- the previous year. lack of internal inspection devices. The eral permitting requirements and shall ex- Section 20. Miscellaneous amendments waivers or modifications shall not be incon- amine the access, excavation, and restora- Section 20 amends section 60102(a) of Title sistent with pipeline safety. tion practices of the pipeline industry for the 49 by adding language expressing that the This section also requires that the Comp- purpose of developing a compendium of best purpose of the chapter is to provide adequate troller General conduct a study to evaluate practices used by the industry to access, ex- protection against risks to life and property the 7-year reassessment interval required by cavate, and restore the site of a pipeline re- posed by pipeline transportation pipeline fa- this section. The study is to be completed pair. Based upon the evaluation conducted, cilities by improving the regulatory and en- and transmitted to Congress no later than 4 the members of the Interagency Committee forcement authority of the Secretary of years from the date of enactment. shall enter into, by unanimous consent, a Transportation. In this section, each operator of a gas pipe- memorandum of understanding to provide This section also modifies the qualifica- line facility is required to conduct a risk for the coordinated and expedited pipeline tions of the individuals selected to serve on analysis for facilities located in high con- repair permit review process so that pipeline the Technical Safety Standards Committees sequence areas and to adopt and implement operators may commence and complete pipe- pursuant to section 60115 of Title 49 so that an integrity management program for each line repairs within any time periods imposed none of the individuals selected for com- such facility to reduce associated risks. This on the repair projects by rules promulgated section requires each operator to prioritize mittee membership from the general public by the Secretary of Transportation. Each facilities for integrity assessment based on ‘‘may have a significant financial interest in agency represented on the Interagency Com- all risk factors, including any history of the pipeline, petroleum, or gas industry.’’ mittee is required to revise its regulations to leaks, repairs, or failures, and directs the op- The intent of this provision is to prevent in- implement the provisions of the memo- erator to give priority to facilities with the dustry employees and individuals with a siz- randum of understanding. able stake in the pipeline industry from serv- highest risks. This section also provides for the imple- The Department of Transportation’s Re- ing as representatives from the general pub- mentation of alternative mitigation meas- search and Special Programs Administration lic, not prevent service from individuals who ures to be used by operators of pipeline fa- (RSPA) issued a final rule defining ‘‘high have pipeline, petroleum, or gas industry cilities until all applicable permits have consequence areas’’ on August 6, 2002. The stock interests in their retirement plans. been granted. To the extent necessary, the managers strongly support RSPA’s regula- Section 21. Technical amendments tion defining high consequence areas, al- Secretary of Transportation is required to though recognize that the definition could be revise the regulations of the Department to Section 21 makes technical amendments to subject to alteration by future regulatory accommodate such implementation. How- correct previous drafting errors in the exist- action by RSPA. ever, such revisions shall not allow an oper- ing legislation. Pipeline safety regulations have long re- ator of a pipeline facility to implement al- Section 22. Authorization of appropriations ternate mitigation measures unless to do so quired gas operators to survey and patrol Section 22 authorizes appropriations for would be consistent with the protection of along their pipeline rights-of-way to classify the Department of Transportation and state human health, public safety, and the envi- areas of population. The new definition of grants for safety programs for the fiscal ronment; the operator has applied for and is high consequence areas builds on the exist- years 2003 through 2006. ing classification of areas where the poten- diligently and in good faith pursuing all re- tial consequences of a gas pipeline accident quired Federal, state, and local permits nec- Section 23. Inspections by direct assessment may be significant or may do considerable essary to carry out the repair project; and is Section 23 requires the Secretary of Trans- harm to people and their property, and in- compatible with pipeline safety. portation to issue regulations prescribing cludes current class 3 and 4 locations, facili- The Secretary of Transportation is re- standards for inspections of a pipeline facil- ties with persons who are mobility impaired, quired to designate an ombudsman to assist ity by direct assessment. confined, or hard to evacuate, and places in expediting pipeline repairs and resolving Section 24. State pipeline safety advisory where people gather for recreational and disagreements between Federal, state, and committees local permitting agencies and the operator of other purposes. Section 24 requires the Secretary of Trans- In the July 2002 Technical Pipeline Safety a pipeline facility. The actions of the om- portation to respond within 90 days after re- Standards Committee meeting to consider budsman must be consistent with the protec- ceiving recommendations from advisory the proposed definition, RSPA made clear its tion of human health, public safety, and the committees appointed by the Governor of intent to include in its definition known environment. any state. areas where people gather, such as the Pecos The Secretary of Transportation is re- River pipeline crossing near Carlsbad, New quired to encourage states and local govern- Section 25. Pipeline bridge risk study Mexico, which was commonly used by camp- ments to consolidate their respective per- Section 25 requires the Secretary of Trans- ers and fishermen and was the location of a mitting processes for pipeline repair projects portation to conduct a study to determine pipeline rupture in August 2000 that resulted that are subject to any time periods for re- whether cable-suspension pipeline bridges in 12 fatalities. The managers support is ex- pairs specified by rule by the Secretary of pose structural or other risks. The Secretary pressed for this new definition of high con- Transportation. may only use funds specifically appropriated sequence areas and expect RSPA to further Section 17. Nationwide toll-free number system to carry this section. clarify the application of the definition in Section 17 requires the Secretary of Trans- Section 26. Study and Report on Natural Gas the substantive rule to be issued on integrity portation to work in conjunction with the Pipeline and Storage Facilities in New England management programs. Federal Communications Commission (FCC), Section 26 requires the Federal Energy Section 15. National Pipeline Mapping System facility operators, excavators, and one-call Regulatory Commission, in consultation Section 15 requires operators of pipeline fa- notification system operators for the estab- with the Department of Energy, to conduct a cilities, except distribution lines and gath- lishment of a nationwide toll-free 3-digit study on the natural gas pipeline trans- ering lines, to provide to the Secretary of telephone number system to be used by state mission network in New England and natural Transportation geospatial data appropriate one-call notification systems. gas storage facilities associated with that for use in the National Mapping System, the Section 18. Implementation of Inspector General network and report back to the relevant name and address of the person with primary recommendations House and Senate Committees within a year operational control, and a means for a mem- of the date of enactment. ber of the public to contact the operator for Section 18 requires the Secretary of Trans- additional information about the facilities. portation to respond to each of the rec- f There is a requirement to update the infor- ommendations of the Department of Trans- mation as necessary. portation Inspector General contained in AVERTING A BREAKDOWN IN Section 16. Coordination of environmental RT–2000–069 every 90 days and to submit the FEDERAL TAX ENFORCEMENT reviews responses to the appropriate committees of Mr. LEVIN. Madam President, many Congress. Section 16 requires the President to estab- have said they want the next Congress lish an interagency committee for the pur- Section 19. NTSB safety recommendations to work on tax reform. Any tax reform pose of developing and ensuring the imple- Section 19 requires RSPA and OPS to re- effort we undertake, however, needs to mentation of a coordinated environmental spond to recommendations received from the address the grave warning recently review and permitting process in order for NTSB within 90 days from receipt of such pipeline operators to complete all activities recommendations. Such responses shall state provided by IRS Commissioner Charles necessary to carry out pipeline repairs with- the intentions of the OPS with respect to the O. Rossotti about the need for imme- in any time periods specified by rule by the recommendations and shall state the time- diate steps to avert a breakdown in fed- Secretary of Transportation. table for completing the procedures and rea- eral tax enforcement.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.116 S14PT2 S11070 CONGRESSIONAL RECORD — SENATE November 14, 2002 Mr. Rossotti has just completed 5 charged with ensuring all Americans complexity of the tax system increased enor- years of work to restore confidence in pay their fair share. Mr. Rossotti was mously. Beyond the simple increase in num- the effectiveness and fairness of the scheduled to bring the enforcement ber of taxpayers and revenue dollars, the majority of tax revenues now come from IRS. He left the administration last problem to the attention of Congress at sources that are more subject to manipula- week after submitting a report to the a hearing in October, but that hearing tion by those who wish to pay less than the IRS Oversight Board summarizing his was cancelled after, according to press law requires and much more difficult and efforts and the current state of the reports, he was asked by the adminis- time consuming for our agents to uncover. IRS. His overall conclusion was that, tration not to disclose his report or Meanwhile, the size of the IRS declined, not while the IRS made significant recommendation for increased enforce- just relatively but in absolute terms, be- progress over the last 5 years in re- ment resources. cause of budget constraints. To further contribute to an under- The cumulative effect of these conflicting vamping its procedures and improving trends over a 10-year period has been to cre- interactions with average taxpayers, standing of the scope and nature of tax ate a huge gap between the number of tax- the IRS is ‘‘losing the war’’ on stopping noncompliance, my staff on the Perma- payers whom the IRS knows are not filing, tax cheats. nent Subcommittee on Investigations not reporting or not paying what they owe, Mr. Rossotti wrote that while the has been digging into the problems of and our capacity to require them to comply. size and the complexity of the Tax offshore tax evasion and tax promoters Recognizing the IRS’ diminished capacity, Code have continued to increase, IRS shopping improper tax shelters. I hope promoters and some tax professionals are enforcement resources have continue selling a wide range of tax schemes and de- to have more to report on these issues vices designed to improperly reduce taxes to to diminish. He described the IRS as early next year. taxpayers based on the simple premise they ‘‘outnumbered’’ and facing a huge and In the meantime, I urge all my col- can get away with it. When this perception growing gap ‘‘between the number of leagues to read Mr. Rossotti’s report in becomes increasingly widespread, the essen- taxpayers whom the IRS knows are not full and take its warnings and advice tial pillar of our tax system is lost—namely, filing, not reporting or not paying to heart as we approach tax reform the belief of honest taxpayers that if somewhat they owe, and our capacity to re- issues in the coming year. one does not pay what he or she owes, then the IRS will do something about it. quire them to comply.’’ Using specific EXHIBIT 1 If the trend of the last ten years is allowed facts and figures, he provides data sup- REPORT TO THE IRS OVERSIGHT BOARD—AS- to continue, it is only a matter of time until porting the shocking statistic that four SESSMENT OF THE IRS AND THE TAX SYSTEM this problem will emerge into the forefront out of five U.S. tax cheats will likely As the Board requested, and as my term of of public consciousness, likely leading to an escape detection and correction action office draws to a close, I want to share with eruption of criticism such as has occurred due to the IRS’ limited resources to en- you my thoughts on the current state of the periodically in the last 50-year history of the force the tax laws. IRS, our tax administration system, as well IRS. Mr. Rossotti also summarized what is as the opportunities and challenges that the Fortunately, it is not too late to solve this happening among tax professionals to agency and new commissioner will face. problem, nor is it an open-ended problem. In The IRS is today capable of executing its fact, in the past year we succeeded in quanti- enable so-called sophisticated tax- mission with increasing effectiveness and ef- fying better than ever the resources we need. payers to escape paying their fair ficiency. We made measurable progress on a Modernization and internal productivity im- share, and what the likely consequence number of high priority areas, such as e-fil- provements will provide a major part of the is for honest taxpayers left footing the ing, telephone and in-person taxpayer serv- needed gains. However, these alone will not bill. Here is what he said: ice, protection of taxpayer rights and burden be sufficient to close the gap, even if we as- Recognizing the IRS’ diminished capacity, reduction. We stabilized and refocused our sume greater productivity gains than the promoters and some tax professionals are key compliance activities to make the best private sector was able to achieve over a dec- selling a wide range of tax schemes and de- use of our limited resources and are identi- ade. vices designed to improperly reduce taxes to fying and attacking systematic areas of non- To succeed, we need more trained per- taxpayers based on the simple premise that compliance, such as the promotion and use sonnel to close the known compliance gap they can get away with it. When this percep- of abusive tax devices. Financial manage- while continuing to protect taxpayer rights tion becomes increasingly widespread, the ment improved, as evidenced by unqualified and provide essential services. Specifically, essential pillar or our tax system is lost— audit opinions. Internal morale, which was we must add approximately 2 percent annual namely, the belief of honest taxpayers that if heavily affected by criticism and internal net increase in staffing over five years. Even someone does not pay what he or she owes, and external change, turned around. Perhaps with this increase, the size of the IRS by 2010 then the IRS will do something about it. most importantly, we regained the con- would be smaller than it was 20 years earlier fidence of the public and other stakeholders. in 1990 while the economy will have in- Mr. Rossotti’s full analysis appears For the longer term, the IRS created a creased 86 percent. in the report he filed with the IRS firm foundation upon which to make further Over the same period, we must also fund Oversight Board, and I ask unanimous progress. It includes: a modern organization adequate increases for computer moderniza- consent for the complete text of that structure with clear accountability for meet- tion programs to accelerate the delivery of report to appear in the record following ing the widely varying needs of specific tax- key projects and benefits that will provide my remarks. payer segments; information systems and for greater service, efficiency and produc- The PRESIDING OFFICER. Without support organizations capable of supporting tivity. Together with effective management of the objection, it is so ordered. operations efficiently while managing modernization; and a planning and management IRS, this modest level of resources can re- (See exhibit 1.) verse the dangerous trend the tax system is Mr. LEVIN. This report not only sets process for allocating resources, assigning goals to managers and measuring progress. currently taking—but only if it is consist- out the scope and causes of the growing Our Business System Modernization Plan ently provided. If, on the other hand, the enforcement problems at the IRS, it is beginning to deliver tangible benefits to trend of the past ten years is maintained, in also identifies practical and immediate taxpayers and practitioners. Equally impor- which the demands on tax administration in- steps that can be taken by Congress to tant, we have a complete vision and archi- crease and the capacity of the IRS declines, avert an enforcement breakdown. Es- tecture to guide the continuing moderniza- the eventual cost for our nation is certain to sentially, it comes down to Congress’ tion of every IRS business process and sup- be enormous. providing the IRS with a steady in- porting technology. STARTING POINT crease of 2 percent per year over the The plans in place for FY 2003 and FY 2004 Before I discuss the opportunities and chal- reflect aggressive but achievable produc- next 5 years in resources for audits, in- lenges that lie ahead, it is helpful to place tivity gains, exceeding those that were his- them in their proper historical context. vestigators, and enforcement actions. torically achieved in the private financial By the mid-1990s, the public, Congress and This increase is not only modest, the sector. most key stakeholders had lost confidence in numbers show that it will more than Taken together, these achievements dem- the IRS. According to the Roper Starch sur- pay for itself through the collection of onstrate the progress we made over the past veys, favorable public opinion of the IRS taxes that have improperly been with- five years in the entire way we serve tax- steadily declined since the early 1980s, reach- held. payers, although finishing the job will still ing an all-time low of 32 percent in 1998. The Federal tax reform is an important take the full decade I originally projected. results of the American Customer Satisfac- However, amidst what I believe is justified goal, but any reform effort must in- tion Index of key federal agencies were simi- optimism for continued improvements in the larly alarming. The IRS measured the lowest clude a clear-eyed recognition of the performance of the IRS lies a critical prob- of any agency or institution in both surveys. growing problem of tax compliance and lem. We are winning the battle, but losing Taxpayers were not alone in their negative the need to revitalize the agency the war. Over the last ten years, the size and perceptions. Congress and many of our

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.192 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11071 stakeholders also lost confidence in the ecutive Magazine and George Washington for most small businesses to use the more agency’s ability to do its job at an accept- University’s Department of Public Adminis- burdensome accrual method of accounting able level. In 1995, the Tax Systems Mod- tration, released its scorecard on federal for tax purposes. We implemented a new and ernization program was terminated after agencies. The IRS earned a ‘‘B-’’, as com- much more reliable way of measuring tax- several billion dollars were spent. Handling pared to a ‘‘C’’ three years ago. While the payer burden. In the newly created Office of complaints about IRS treatment of constitu- trend is good, much more remains to be Taxpayer Burden Reduction, we also have an ents became a time-consuming duty in many done. The IRS can be and should be managed organization dedicated to continuously congressional offices, and many stake- at the ‘‘A’’ level and is on its way to achiev- measuring and reducing burden. holders, especially those representing small ing this. The IRS implemented 71 taxpayer rights business, had an adversarial relationship This turnaround in public confidence re- provisions of RRA 98, including such major with the agency. flects the clear progress in five distinct provisions as collection due process, ex- Poor quality service to taxpayers over the areas: (1) customer service, (2) stakeholder panded innocent spouse relief, third party telephone or in person contributed to the relations, (3) compliance, (4) internal man- notification and expanded opportunities for public’s low perceptions. At the nadir in the agement, and (5) technology and moderniza- offers in compromise. The Taxpayer Advo- mid-1990s, the IRS registered 400 million tion. cate Service was established as an effective busy signals a year on its toll-free lines, and Customer service independent entity within the IRS. It assists when taxpayers did reach the IRS, the likeli- taxpayers with hardship cases and makes hood of getting an accurate answer or resolu- The customer service improvements were recommendations to improve the way IRS tion to a problem was low. the most visible to individual taxpayers. The works for them. Because of these efforts, the A number of external factors also buffeted upward trend in telephone service was par- number of taxpayers with serious unresolved the IRS. Budget and staff cuts, rapid eco- ticularly important given how far we had to cases, such as those that generate a need for nomic growth and the shift in the tax base climb. By the end of the 2002 filing season, intervention by a congressional office, de- from middle-income wage earners and do- taxpayers were receiving correct responses clined. More generally, our improved service mestic corporations to upper-income entre- to 83.6 percent of tax law questions and 89.9 helped to reduce the numbers of cases need- preneurs, passthrough entities and global of account questions. Access to service and ing TAS intervention. In 2002, case receipts corporations, all contributed to a diminished time spent waiting, while still below private fell from 194,790 to 169,390 compared with the capacity to cope with service and compliance sector standards, improved substantially. same 9-month period in 2001. Average wait time is down 26 percent from demands. Stakeholder relations The IRS responded to this pressure by em- the previous year. Assistor access rose from phasizing enforcement revenue and statistics 56 percent only two years ago to nearly 70 In the past, relations with IRS stake- as a way of justifying its budget. The IRS percent this year. holders were often strained and adversarial. measured the success of its compliance ac- Last year, Web site usage smashed all Through improved communications and fre- tivities by direct enforcement revenues. This records with 2.7 billion hits and 336 million quent, substantive meetings, our relation- is like a police department assessing its suc- files downloaded. We are well on our way to ship with Congress, oversight bodies and cess by the number of traffic tickets written a new record this year. Also, in January 2002, business groups—especially small businesses—greatly improved. Congressional rather than by the safety and security of the we introduced a newly designed and more ac- hearings, once contentious, have been almost community it serves. As we well know from cessible Web site. universally positive and constructive—al- the ensuing fallout, this grave mistake fur- E-filing tripled over the past five years, though not without tough questioning. Much ther alienated the public, yet failed to ad- and this filing season, was up 16 percent over closer relationships were formed with orga- dress the systematic, emerging compliance the previous one. We are systematically re- nizations representing practitioners and and budget problems. moving the remaining barriers to e-filing. small businesses. A consortium was forged While emphasizing enforcement statistics, For example, this year, virtually all 1040 with the software industry on the thorny the IRS was also slow to update its compli- forms and schedules could be filed electroni- ance practices, such as models used to select issue of no-cost e-filing. cally, and no paper signature document was One of our basic strategies is to develop returns for audits and the management of required. Improved electronic tax adminis- the exam and collection processes. Until we the kind of stakeholder relationships that tration is also critical to better serving busi- can improve the efficiency and effectiveness changed it recently, $100,000 was the highest ness taxpayers, especially given the number income class used by the IRS in assigning of our services. Over the past few years, we of forms and payments they must file and developed a method of engaging stakeholders exam cases, although people with incomes make. In September 2001, we launched Elec- over $100,000 pay more than 60 percent of the as part of our decision-making process. We tronic Federal Tax Payment System On-Line call the new approach, ‘‘Engage and Then income tax. that allows businesses large and small to Moreover, although exam coverage was de- Decide’’ as contrasted with ‘‘Decide and save precious time by making their federal Then Explain.’’ Seriously engaging key clining, many of these examinations con- payments on-line. centrated on relatively straightforward stakeholders as a regular part of the deci- We are also building a new e-file system sion-making process has shown that it im- issues of deductions or timing differences, that will grow and serve taxpayers for years such as the use of cash versus accrual ac- proves the final product, shortens the time to come. Scheduled to start in 2004, it will for decisions and implementation, and counting by small businesses. Very little em- address the current system’s problems. For phasis was placed on partnerships and trusts, strengthens relationships. example, it will accept complex business re- Although we successfully used this engage- high-income individuals or offshore ac- turns, such as 1120s, eliminate software bar- ment approach, and have much experience counts, although vast sums of income flow riers and resolve standardization issues, such with the hazards and costs of the opposite through these entities. There was no specific as reject codes and validations. approach, IRS top management must con- program to identify and combat promoters of Service in local taxpayer assistance cen- tinue to work hard to ensure that it is em- abusive tax devices. The IRS succeeded in ters, which was extremely poor in many ployed in all decision-making processes be- winning some tax shelter court cases, but places, improved in both quality and consist- cause it is so different from traditional prac- there was no overall strategy for dealing ency. However, it will still take several more tice in the federal government. with corporate tax shelters. years to reach fully acceptable standards. Compliance ACHIEVING A TURNAROUND Taxpayers can now schedule appointments in As the Board is well aware, we do not have The IRS addressed, although certainly not more than 400 locations for face-to-face the resources to attack every case of non- completely solved, the major problems and meetings with IRS employees to resolve ac- compliance. Therefore, we must apply our re- internal constraints it faced five years ago. count or case problems. This helps make the sources to where non-compliance is greatest Some are resolved; clear plans are in place to well-received idea of ‘‘Problem Solving while still maintaining adequate coverage in correct the remaining ones over the next five Days’’ a regular part of IRS everyday oper- other areas. We must also use carefully, but years. This work provided the foundation for ations. While making these improvements, effectively, the enforcement tools available steady improvement in the effectiveness and we are also requiring fewer personnel details to us. efficiency with which the IRS carries out its from the compliance functions to filing sea- After careful study, we identified some of mission. son duty—an expensive and very unpopular the most serious and current compliance Public confidence in the IRS rebounded. practice. problem areas. These include: (1) promoters The Roper Starch surveys found our rating Within the limits of a complex and chang- of tax schemes of all varieties, (2) the misuse increased each of the past three years after ing Tax Code, the IRS acted to reduce tax- of devices such as trusts and offshore ac- 1998’s historic low. The University of Michi- payer burden. For example, we simplified counts to hide or improperly reduce income, gan’s American Customer Satisfaction Index forms, such as the Schedule D for reporting (3) abusive corporate tax shelters, (4) under- survey released in December 2001 showed capital gains. We also rewrote and simplified reporting of tax by higher-income individ- greatly improved customer satisfaction procedures, such as those for distributions uals, and (5) accumulation and the failure to among individual taxpayers—the largest fa- from qualified retirement plans. We removed file and pay large amounts of employment vorable gain of the 30 federal agencies sur- 2.6 million small business taxpayers from the taxes by some employers. veyed. time-consuming reporting and record-keep- To address these problems, we revamped In May 2002, the Federal Performance ing requirements of reconciling tax returns our compliance programs to refocus our re- Project, a collaboration of Government Ex- with balance sheets. We eliminated the need sources and to use a full scope of tools and

VerDate 0ct 31 2002 05:23 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.195 S14PT2 S11072 CONGRESSIONAL RECORD — SENATE November 14, 2002 techniques. They range from educating the closures cover 2,264 tax returns and involved ment in tax administration, rather than pre- public, to systematically identifying pro- more than $30 billion in claimed losses or de- dominantly administrative duties. A new moters and participants, to reinvigorating ductions. Moreover, we announced a new pol- model of executive recruitment was success- enforcement actions such as summons en- icy in June 2002 to request tax accrual work fully established, which includes a recruit- forcement, injunctions and criminal inves- papers when we audit returns that claim a ment of a limited number of highly experi- tigation of promoters. tax benefit from certain tax avoidance trans- enced top executives from private industry If we can eliminate confusion and errors actions that we identified as abusive. and other government agencies to com- before a return or form is ever filed, Amer- Civil and Criminal Lead Development Cen- plement our internally-developed executives. ica’s taxpayers will be spared countless num- ters (LDC) were also established to identify Many specialized programs, ranging from bers of notices and communications with the cases of abusive tax promoters. For example, processing business returns to handling inno- IRS. If we can warn taxpayers not to partici- the Civil LDC works leads received from cent spouse claims to answering tax law pate in ‘‘too good to be true’’ tax schemes, within the IRS, or from external sources, calls, are being consolidated into fewer loca- we can save taxpayers from penalties and and conducts Internet searches looking for tions with fewer management layers. This more. Moreover, the agency will be in a bet- abusive tax promoters and promotional ma- enables greater standardization and faster ter position to use its limited compliance re- terials. implementation of improvements. sources on the most serious cases of non- Also, the Webster Report gave a detailed An entirely new system of balanced meas- compliance. blueprint for making Criminal Investigation ures has been designed and implemented, To achieve these purposes, we created dedi- a more effective component of tax adminis- aligning goals throughout the organization cated taxpayer education and pre-filing orga- tration. The need to refocus CI’s resources down to the territory and site level. nizations in our operating divisions, e.g., on tax cases was the centerpiece of this re- The gains in service and the widespread re- TEC and SPEC in SB/SE and W&I respec- port. CI’s top priority is now investigating direction of compliance programs over the tively, and pre-filing technical staffs in promoters and participants in illegal tax last two years reflect the benefits of a more LMSB and TEGE. We also created new pre- schemes. We also established a closer work- customer-focused and accountable organiza- filing tools, such as pre-filing agreements ing relationship between field counsel and tion. The major benefits are still to come, in and industry issue resolution published guid- the operating divisions on compliance work. the form of continuous improvements in pro- ance. We greatly stepped up our output of This new emphasis on action against productivity and quality in every major pro- traditional forms of published guidance, in- moters has already shown results. The num- gram. cluding revenue rulings and notices, by in- bers of actions related to promoters went The improvements in customer service and creasing their emphasis in Chief Counsel and from ‘‘none’’ to a vigorous program. As of other programs can also be linked to in- forging an effective working relationship July 8, 2002, we had nine promoter injunc- creased employee engagement in our mission with Treasury’s Office of Tax Policy. tions granted, 11 promoter injunctions pend- For example, this past year, both the TEC and goals, increased and improved training ing in District Court and three pending at and heightened focus on employee concerns. and SPEC organizations worked to raise pub- the Department of Justice, 150 promoter lic awareness about the slavery reparation Among the most important of these concerns exams and information requests underway, was the fair and careful administration of schemes. Materials were distributed nation- and 51 ongoing criminal investigations ally and locally to African-American church- Section 1203—the so called ten deadly sins— (numbers are for FY 01 through 02). so that no employee was wrongly disciplined es and religious coalitions, fraternities, so- Also, key to successfully executing our rorities and associations, including the under this section. In addition, legislative compliance program is better data. As I dis- proposals were formulated and are under NAACP and the Urban League. As a result, cussed, the IRS failed to detect new areas of the average weekly number of incoming consideration by Congress to alleviate em- non-compliance in part because of a reliance ployee anxiety over Section 1203. slavery reparation claims declined from 1,538 on increasingly obsolete data from the old Because of these actions and focus, and ac- in CY 2001 to 63 this year. Taxpayer Compliance Measurement Pro- cording to a recent Gallup survey of IRS em- Although these preventive measures hold gram. (TCMP was last conducted in 1988.) In ployees, the level of engagement within the great promise, we must still detect, correct addition, we designed and are now imple- Service increased from 49th to the 56th per- and deter non-compliance. We must focus re- menting a National Research Program that centile of all public sector organizations sources, improve efficiency and use our en- will obtain the essential information with tracked by the organization. forcement powers appropriately, all of which far less burden on the taxpayer. New scoring we are doing. models are being developed using 21st cen- The IRS is also the steward of massive tax- As identified through our research and tury techniques, with interim models al- payer revenue and budget and financial re- strategic planning, both SB/SE and LMSB ready deployed. sources, and we are expected to properly ac- are directing their examination resources at Obviously, our success in compliance also count for the government’s money and prop- the most important cases and issues. Exam depends on a cadre of highly qualified erty. To this end, internal accounting stand- and collection reengineering are focused on trained individuals to perform tasks that re- ards were raised to a higher level. For the improving the efficiency with which these quire a high level of judgment. After a freeze past two fiscal years, we received unqualified cases are carried out. For example, SB/SE is of nearly six years, recruitment for profes- GAO opinions on our financial statements tackling business tax cases, such as unpaid, sional occupations, such as revenue agent for both the Revenue and Administrative ac- in-trust taxes, including employment and and revenue officer, restarted; training was counts. This year, we have plans in place to withholding taxes, much earlier than in the completely revamped and improved; and em- close the books months earlier than in prior past. ployee engagement became part of balanced years and to address remaining material Within two years, our new Filing and Pay- measures and everyday management. weaknesses over the next two years. ment compliance modernization program As our FY 2003 and 2004 budget requests Internal management will begin to reduce from several years to six demonstrate, strategic planning, budgeting, months or less the time required to resolve The IRS successfully made the transition resource allocation and performance goals most collection cases. to a modern customer-focused organization were aligned. For the first time, we fully in- Other initiatives, first outlined in our in which a management team has clear re- tegrated development of our budget with the Strategic Plan, are taking effect. Earlier sponsibility for meeting the needs of a spe- establishment of performance measures. this year, we began matching information cific set of taxpayers. The service needs and Technology and modernization reported on Schedule K–1 with income or compliance issues of the 90 million taxpayers losses reported on Form 1040 and other with wage and investment income are vastly Critical to our success was better man- schedules. We also reinvigorated the use of different from those of large and mid-sized aging our massive technology and Business long dormant enforcement tools that are businesses, which in turn are different from Systems Modernization program. From 15 needed to deal with serious cases of non-com- those of small businesses and tax-exempt or- separate information systems operations, we pliance, and especially, promoted tax ganizations. One team now works full time created one MITS organization that has the schemes. For example, we are aggressively to understand and meet the needs of each set job of serving all of our operating units and identifying promoters and schemes through of taxpayers and has nationwide authority to managing our modernization program. summonses of records, including John Doe execute its plans, eliminating the histori- As part of this major transition, standards summonses on credit card accounts in off- cally deep and counterproductive organiza- were established and largely implemented shore tax havens and vendor summonses to tional separation between the ‘‘field’’ and for hardware and software. We consolidated refine that data. the ‘‘national office.’’ mainframes from 12 centers to three and es- Multiple approaches were taken to aggres- Supporting these operating divisions are tablished one standard for desktop and sively attack the use of abusive tax shelters. specialized functional units and shared serv- laptop hardware and software. We imple- The LMSB organization initiated 43 contacts ices organizations to provide information mented a nationwide e-mail and voice mes- of promoters to uncover lists of taxpayers technology and common support services saging systems, standard office automation participating in their shelters. In addition, a throughout the organization. software, and security certifications and tax shelter disclosure initiative was As part of the reorganization, the number standards. We deployed important interim launched earlier this year. As of August 1, of management layers was reduced and the applications systems, including Intelligent 2002, the IRS processed 1,664 disclosures from role of executives and senior managers is Call Routing, Integrated Case Processing and 1,206 taxpayers who came forward. These dis- being redirected towards substantive engage- the Integrated Collection System.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.198 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11073 Business Systems Modernization laid the In assessing these trends, it is extremely This is no different from a car company foundation for success of this massive pro- important to recognize a critical fact: tax producing 1.8 percent more cars or a hospital gram. Both the long-term vision and enter- administration workload increases every servicing 1.8 percent more patients. But, prise architecture were established and em- year because of increased filings by tax- rather than increasing staff, IRS staff de- bedded as a living blueprint for all business payers related to the long-term growth of creased during this period, creating a major and technology improvement programs. the economy. These workload increases af- gap in IRS capacity to administer the tax BSM began delivering projects with tan- fect every facet of tax administration, from system. gible and meaningful benefits to taxpayers, processing returns to answering correspond- In addition to growth in raw numbers, the such as moving the first set of taxpayers to ence to collecting delinquent returns to ac- tax revenue stream is now dominated by a modern, reliable database early next year. counting for payments and refunds. In addi- sources that provide greater opportunities Over the next five years, all individual tax- tion to this growth related to the economy, for manipulation by those who wish to take payers will be moved to it, cutting times for tax legislation often adds additional work- advantage of the decline in IRS compliance refunds on e-filed returns to less than a week load. resources. For example, returns for tax- and allowing us to provide taxpayer and em- Looking more closely at the most recent payers with incomes exceeding $100,000 grew ployees with up-to-the-minute accuracy on five years (see chart), we see that the num- by 342 percent over 1991 levels. The enormous their accounts. Of paramount importance, ber of income tax returns increased by 12 amounts of money that flow through we implemented the first project on our new million, while 19 tax bills were passed that ‘‘passthrough’’ entities—such as partner- security system, which provides one stand- changed 292 tax code sections and required ships, trusts and S-corporations—also adds ard for ensuring the security of all future 515 changes to forms and instructions. On the IRS data and systems. to the complexity of tax administration and average, IRS workload grows at a com- increases the opportunities for under- All major management processes, which pounded rate of 1.8 percent per year. There- are needed to manage this program on a con- reporting of income. In Tax Year 2000, these fore, just to handle this increased workload, ‘‘passthrough’’ entities filed 4.78 million re- tinuing basis, were improved. Our goal is to the IRS would either have to add staff— obtain certification in the near future as turns with gross revenue of $6 trillion and in- which is what occurred fairly consistently only the second agency in the federal govern- come to partners/shareholders of more than for the 45-year period from 1950 through ment to reach Level Two in the Software En- $660 billion. 1995—or would have to increase productivity gineering Institutions Capability Maturity The IRS Restructuring and Reform Act of by 1.8 percent per year just to stay even. Model. 1998 added major new or expanded taxpayer FEDERAL TAX SYSTEM HAS BEEN GROWING AND STEADY PROGRESS CAN CONTINUE YEAR AFTER rights programs, such as innocent spouse re- CHANGING RAPIDLY FROM 1997 THROUGH 2002 YEAR lief, third party notification and collection The aforementioned progress and achieve- Volume of activity has been growing rapidly due process. The rights are very important ments do not mean that the IRS solved all of Income Tax Returns: 12 Million Increase— to taxpayers but created very substantial ad- its problems, or that there are no more op- 9.4%. ditional resource demands on the IRS to portunities to improve. Rather, it means IRS Gross Collections: $527 Billion In- process hundreds of thousands of new trans- that the IRS addressed the major impedi- crease—32.5%. actions and additional steps in existing au- ments and obstacles that previously stood in IRS Refunds Issued: $121 Billion Increase— dits and collection actions. the way of progress and has a clear com- 61.3%. Business globalization creates another admitted plan to continually reach even higher Tax Code has been changing rapidly ministration complexity and more opportu- levels of performance. There should be no 19 Public Laws passed. nities for reducing U.S.-reported income. doubt that the IRS can be raised to a level of 293 Tax Code provisions changed. From 1997–2002, U.S.-controlled foreign cor- quality and efficiency comparable to the 171 (58%) of provisions with concurrent or porations and foreign-controlled corpora- best managed financial services organiza- retroactive effective dates. tions grew respectively by 25 and 31 percent. tions. 515 completed changes to forms and/or in- Looking at this imbalance, one fact WINNING THE BATTLE BUT LOSING THE WAR structions. emerges. The IRS is simply out-numbered Despite significant improvements in the Restructuring and Reform Act added many tax- when it comes to dealing with the compli- management of the IRS, the health of the payer rights ance risks. As noted, IRS employment federal tax administration system is on a se- (FTEs), and in particular, Field Compliance 71 taxpayer rights. rious long-term downtrend. This is system- FTE steadily declined. With the decline in 1,900 implementing actions. atically undermining one of the most impor- personnel came a decline in the coverage of Hundreds of thousands of new transactions tant foundations of the American economy. all types of returns (see chart). Even after we The source of this problem is two con- per year. refocus on the most egregious non-compli- Innocent spouse. flicting long-term trends: one, ever increas- ance cases, we can only handle a small frac- Collection due process. ing demands on the tax administration sys- tion of them. tem due to rapid growth in the size and com- Offers in compromise. Third party notification. plexity of the economy; and two, a steady de- COVERAGE OF ALL TYPES PLUMMETED 60–70% Section 1203 allegations. cline in IRS resources due to budget con- [Number of cases per thousand returns] straints. The cumulative effect of these con- Special events created additional activity and change flicting trends over a 10–year period has been Fiscal Document Correspond- In person Exam of pass- to create a huge gap between the number of Century date change required massive ence exam exam of indi- through year matching (non-EITC) viduals entities* taxpayers who are not filing, not reporting three year project. or not paying what they owe, and the IRS’ Advance rate reduction credit—126 million 1992 ..... 33.1 4.0 5.8 5.1 capacity to require them to comply. notices, 91 million taxpayers, $39 billion. 1993 ..... 23.7 2.6 6.3 5.5 1994 ..... 23.3 2.0 6.8 5.0 As seen in the next chart, ‘‘Trends in Indi- Returns of political organizations (section 1995 ..... 23.6 3.5 6.0 4.6 cators of IRS Workload and Resources,’’ 527)—new reporting to IRS. 1996 ..... 16.6 2.6 5.6 4.7 from 1992 to 2001, weighted average returns September 11th terrorist attack—victims 1997 ..... 7.9 3.5 5.8 5.5 1998 ..... 14.3 2.8 4.7 5.7 filed, a measure of overall IRS workload, in- relief, IRS security response, money laun- 1999 ..... 14.4 1.1 3.1 4.5 creased by 16 percent because of the econo- dering task forces. 2000 ..... 10.8 0.9 2.0 3.6 my’s growth. However, during this same pe- Anthrax threat—rapid response required 2001 ..... 9.1 1.2 1.5 2.9 riod, FTEs dropped 16 percent from 115,205 in prior to 2002 Filing Season. *Primarily Partnerships, S-Corporations and Fiduciaries. FY 1992 to 95,511 in FY 2001. Since more and Globalization is increasing international tax ac- more of the IRS’ declining resources are re- tivity The effect of these trends was to create a quired to perform essential operational func- gap in what work the IRS should be doing U.S. controlled foreign corporations up tions—such as processing returns, issuing re- and what it had the capacity to do. In the 25%. funds and answering taxpayer mail—a dis- last two years, the IRS made progress in Foreign controlled corporations up 31%. proportionate reduction occurred in Field quantifying this gap, which is summarized Compliance personnel, falling 28 percent Resources have been shrinking below. As noted, the majority of the work- from 29,730 in FY 1992 to 21,421 in FY 2002. IRS full-time equivalent personnel: ¥2,952. load gap is in compliance. SELECTED TAX ADMINISTRATION PROGRAMS WORK DONE AND NOT DONE [Dollars in millions]

Known workload in contacts or cases/yr Direct revenue Direct cost to fill gap Required Done Gap %Gap loss per year FTEs Dollars

Service To Compliant Taxpayers: Phone Service Level of Service ...... 87.5 71.5 16.0 18 NA $2,274 $114.8 In-Person Service ...... NA NA NA NA NA 3,084 196.7

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.202 S14PT2 S11074 CONGRESSIONAL RECORD — SENATE November 14, 2002 SELECTED TAX ADMINISTRATION PROGRAMS WORK DONE AND NOT DONE—Continued [Dollars in millions]

Known workload in contacts or cases/yr Direct revenue Direct cost to fill gap Required Done Gap %Gap loss per year FTEs Dollars

Total ...... NA NA NA NA NA 5,358 311.5

Collection of Known Tax Debts: Field and Phone Accounts Receivable (TDA) ...... 4,506,060 1,816,713 2,689,347 60 9,470 5,450 296.4

Identification and Collection of Taxes from Non-Filers: Non-Filer Cases (TDI) ...... 2,490,749 625,025 1,865,724 75 1,693 2,016 101.5

Collection of Underreported Tax: Document Matching ...... 13,300,000 2,926,980 10,373,020 78 6,960 4,740 229.2

Identification and Collection of Underreported Tax: Cases of Abusive Devices to Hide Income ...... 82,100 17,000 65,100 79 447 3,418 272.1 Individuals Over 100,000 Income ...... 123,006 54,468 68,538 56 266 2,603 207.2 Individuals Under 100,000 Income ...... 843,380 296,986 546,394 65 4,492 7,435 430.1 Small Corporations ...... 39,659 29,721 9,938 25 54 640 50.9 Mid and Large Corporations ...... 24,523 17,684 6,839 28 6,526 1,812 180.0 Total ...... 1,112,668 415,859 696,809 63 11,786 15,908 1,140.3

Tax Exempt: Reporting Compliance ...... 20,690 6,780 13,910 67 NA 1,192 101.6

Grand Total ...... NA NA NA NA 29,909 34,664 2,180

For each category of compliance, the IRS these taxpayers were solicited through var- what the National Commission on Restruc- computed the number of known cases of tax- ious channels by a variety of promoters. turing the IRS argued for five years ago: a payers who did not file or pay, or who sub- Indeed, some sophisticated tax profes- steady and consistent budget. It must con- stantially underreported their taxes. These sionals, including those in accounting and sist of two items over the next five years. numbers, therefore, represent not general es- law firms and investment banks, are aggres- The first is a steady growth in staff in the timates or assumptions, but specific tax- sively marketing tax shelters to their cli- range of 2 percent per year. The second is payer cases. Based on the information avail- ents. Some of these turn out to be abusive steadily increased funding for modernization able to the IRS, they should and could be tax avoidance transactions prohibited by the until this program levels off several years treated as cases of non-compliance through Treasury Department. from now. collection, audit or other actions. Demand is also driving up supply. There is Together with aggressive increases in pro- However, as can be seen from the chart, widespread anecdotal evidence from honest ductivity, as called for by the IRS Strategic only a fraction of each category of case, even practitioners about clients demanding that Plan, this combination can solve the prob- the most serious, can be worked with avail- their return preparer find a way to reduce re- lem by the end of this decade. In fact, as able resources. The ‘‘gap’’ represents the ported income, to the point of refusing ad- shown in the ‘‘Closing the Gap’’ chart below, number of cases that should be, but cannot vice from honest professionals to comply a combination of 2 percent per year staff be worked because of resource limitations. with required reporting and disclosure. In ef- growth with 3 percent per year productivity These cases represent tens of billions of dol- fect, they are saying, ‘‘Get me one of these growth will keep up with increasing demand lars per year that could be, but are not col- deals or I will take my business elsewhere.’’ and close the gap by 2010. But without both lected. More importantly, they represent a This has reached the point where recently a elements—modest but steady staff growth failure of fairness to the millions of honest former IRS Commissioner was faxed a solici- and aggressive productivity increases—the taxpayers whose commitment to paying tation from a ‘‘Senior Investment Manager’’ trend will not be reversed. their taxes is based on the assumption that that began, ‘‘As we approach December 31st, Computer systems alone, even with the the IRS will act if they or their neighbors do you may have a large income tax liability most aggressive reasonable assumptions not pay their fair share. for the year 2002. The amount you pay could about the productivity gains from mod- Tax professionals, promoters, sophisticated be up to you.’’ ernization, cannot solve the problem. taxpayers and even some ordinary taxpayers Although it is impossible to prove conclu- Trained and effective staff is also required. are becoming more aware of our deterio- sively that attitudes towards tax compliance However, modernization will allow the IRS rating ability to deal with compliance. In- shifted, we must make informed judgments to perform the tax administration function creasingly, this issue is being reported by about behavior and trends. The only respon- with proportionately fewer staff than in the publications ranging from The Wall Street sible conclusion I can draw is that the trend past. If the IRS staff grew by 2 percent per Journal, the New York Times, Fortune and in attitudes of taxpayers and tax profes- year through 2010, the total staff would still Forbes, and even on national television. sionals poses a real threat to the health of be smaller than it was 20 years earlier (1990), Recognizing the IRS’ diminished capacity, the tax system and ultimately to the Amer- while the economy is projected to be 86 per- promoters and some tax professionals are ican economy. cent larger in real GDP and the tax system selling a wide range of schemes and devices If these problems and conditions are left far more complex. to taxpayers based on the simple premise unaddressed, we could face an enormous cri- There is another critical point. Sufficient they can probably get away with it. When sis in confidence in the tax administration funding must be provided to fund the actual this perception becomes increasingly wide- system. It would not be surprising if this projected staffing. There is no ‘‘extra’’ fund- spread, the essential pillar of the fairness of problem emerged into the forefront of public ing lying around to ‘‘absorb’’ items that are our tax system is lost. concern, causing an eruption about the IRS mandated, but not paid for. As shown below, Our John Doe summonses of records for similar to those that occurred periodically the IRS dollar budget consistently under- credit cards issued by offshore banks in tax over the last 50 years. The long-term impact funded advertised staffing levels. The actual haven countries revealed one facet of the on the economy and our nation of not revers- number of FTEs is lower every year than problem. Just one of these summons, issued ing this trend will be extremely high. proposed in the budget. This is the effect of in 2000 to MasterCard, yielded a large data- WHAT IS NEEDED making unrealistically optimistic assump- base of transactions by those using cards What is the answer? Fortunately, the prob- tions about such items as pay raises, infla- issued by banks in Antigua, Barbuda, the Ba- lem is not open-ended and can be solved with tion and other mandates, including specific hamas and the Cayman Islands. Many of a reasonable amount of resources. We need mailing and notification requirements. IRS DOLLAR BUDGET HAS CONSISTENTLY UNDER-FUNDED ADVERTISED STAFFING LEVEL [Full Time Equivalent [FTE] Personnel without EITC]

FY 2000 FY 2001 FY 2002 FY 2003 FY 2004

FY 2000 President’s Budget ...... 96,767 ...... FY 2001 President’s Budget ...... 95,523 98,051 *99,873 ...... FY 2002 President’s Budget ...... 95,155 97,273 99,116 ...... FY 2003 President’s Budget ...... 95,511 97,548 98,727 ...... FY 2004 Treasury Submission ...... 97,423 96,182 98,182

* Includes 1,822 FTE for STABLE Annualization.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.206 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11075 Our plan already requires very rapid and Train me and I will bring back my dog Now in every State, guide dog schools sustained productivity growth of over 3 per- and show people here how a blind man provide an invaluable service. In Cali- cent per year—in excess of the 2 to 2.4 per- can be absolutely on his own.’’ The au- fornia, The Guide Dog School just cele- cent achieved in the private sector. It sup- thor, Dorothy Harrison Eustis agreed brated its 60th Anniversary, and in New poses complete success of BSM, aggressive reallocation of internal resources, such as to Mr. Frank’s request, and Mr. York, The Guide Dog Foundation in eliminating some submissions processing Frank’s dog Buddy became the first Smithtown, has assisted New Yorkers centers, rapid growth of e-filing, and use of guide dog in America. and others from around the world since productivity enhancing techniques, such as That was 1929 and today, there are 1946. And Guiding Eyes for the Blind in competitive sourcing for some activities. more than 7,000 guide dogs serving in Yorktown Heights has graduated more These items make it possible to cope with America, and two performed miracles than 5,000 dogs and owners since 1954. growth in filings and filling the gap in rein New York on September 11. Each success story is testament that quired workload with very limited staff That morning, Roselle, a yellow Lab- one good idea can transform the lives growth, but do not make it possible in addi- rador Retriever and her owner, Michael tion to ‘‘absorb’’ unfunded but required line of many. But the success of the guide items. Hingson, went to the office on the 78th dog schools would not have occurred floor of the World Trade Center. While without two key components: those SIMPLIFYING THE TAX CODE Mr. Hingson worked, Roselle slept un- who believed that the blind and vis- Most informed observers are justifiably derneath his desk. Then the plane hit horrified at the complexity of the Tax Code. ually impaired could lead more inde- The cost of taxpayer compliance with this the South Tower, and what she did pendent lives with the right kind of code is over $80 billion per year, more than next was nothing short of heroic. She help, and the dogs, the Labrador Re- eight times the cost of the IRS budget. The guided Mr. Hingson through the smoke trievers, the Golden Retrievers, the sheer size and complexity in itself can be a and to the stairwell. Not only did Ro- German Shepherds, and other breeds source of disrespect for the law. Therefore, it selle help Mr. Hingson down 78 flights that are ready, willing, and able to is a worthy, though difficult and uncertain, of stairs, but another woman who had guide their owners through the world. challenge to pursue simplification to the been blinded by debris clutched Ro- Every day, thousands of people grab maximum extent possible. selle’s harness until they reached safe- However, there is no proposal that has on to the harness and place their trust been seriously advanced for simplification ty. in their companion. Some have acted that would have any significant effect in the There was another yellow lab in the with remarkable heroism like those on foreseeable future on the problem of IRS re- World Trade Center named Salty. His September 11, and we have all heard sources. owner, Omar Rivera, worked on the the stories about guide dogs waking Apart from the fact that even simplifying 71st floor of the Port Authority. After their owners in the event of a fire and changes take time and effort to develop, pass the planes hit, Salty refused to leave blocking them from the path of a in Congress and to implement, the reality is Omar’s side and walked through the speeding car. But most go through that the gap in IRS resources is so large that smoke-filled stairway, broken glass nearly all of our resources are required to their days with quiet dignity and they perform the basic operations of the tax sys- and debris to get Mr. Rivera and a co- deserve our utmost respect. Whether tem and to pursue the clearest and most im- worker to safety. Even as the North they are named Roselle or Salty or portant cases of non-compliance. Tower collapsed and the debris cloud Buddy, they all respond in the same With the exception of some resources in filled the streets, Salty remained calm, way. That harness goes on, their eyes the large corporate sector, the IRS redi- loyal, and focused on guiding Mr. Ri- open, and they show us that it is pos- rected nearly all compliance resources away vera to a place free from danger. sible to walk through this world with a from less significant technical tax issues to These two guide dogs performed their profound desire to help another so that cope with current operational requirements jobs under the most extreme cir- life is limitless.∑ and the most serious cases of non-filing, non- cumstances. But what they did that payment or underreporting of income. Even f day reinforced what guide dogs do then, resources are far below what is re- RECOGNIZING MOTT CHILDREN’S quired. every day—they provide independence The only reasonable course is to pursue to individuals who are blind and vis- HEALTH CENTER parallel paths: to address the practical prob- ually impaired so that they can live ∑ Mr. LEVIN. Madam President, I wish lem the tax administration system faces by their life free from constraints. To to express my heartfelt congratula- gradually closing the gap in the capacity of serve as another’s set of eyes, to navi- tions to the Mott Children’s Health the IRS to perform its essential tasks, while gate busy city streets, and to keep Center (MCHC), in Flint, MI, which has pursuing a parallel path attempting tax sim- been selected by the American Lung plification. their owners from harm’s way is a responsibility that only a loyal dog Association of Michigan-Genesee Val- CONCLUSION would welcome with no questions ley Region as the 2002 Corporate Health Five years ago, the IRS embarked on a new asked. Advocate of the Year. direction. Following it, we achieved much Thorughout the United States and The American Health and Lung Asso- progress for America’s taxpayers, although we have much more left to do to improve the around the world, Guide Dog Schools ciation of Michigan-Genesee Valley Re- entire way the IRS works. Today, we are have given more than one hundred gion grants this prestigious award to faced with a growing crisis—in our ability to thousand people the chance to move an organization that aspires to restrict do our job and the fairness of our tax system. about the world with freedom and dig- or ban smoking, offers employee pro- We cannot turn our back on this crisis or be- nity. Each school offers their guide grams for smoking cessation, or exhib- lieve that it will go away, because it will dogs at no cost to the owners. All they its respect and sensitivity to those suf- not. But like five years ago, I believe the have to do is apply, attend training, fering with lung disease. Winners must problem is solvable. We know the right and promise to care for their dog for demonstrate financial support to local course of action and we should have the courage and resolve to take it. the rest of his or her life. The success non-profit agencies as well as encour- of each school is dependent upon thou- age employees to sit on local boards of f sands of staff, volunteers, and generous directors for community based non- ADDITIONAL STATEMENTS supporters. Many people volunteer to profit organizations. Recipients also raise puppies, socialize them and then need to display a commitment to im- give them up at the end of the year. proving the quality of life of Genesee TRIBUTE TO GUIDE DOGS And we see these dogs every day sitting Valley’s residents. MCHC has not only ∑ Mrs. CLINTON. Madam President, patiently on the subway, stopping at met but far surpassed the American after reading an article in The Satur- walk lights, and maneuvering people Health and Lung Association’s criteria day Evening Post about the Germans around hazards that prevent a safe, and is a worthy recipient of this award. training dogs to aid veterans blinded straight path. They wear bright col- Founded in 1939 by Charles Stuart during World War I, a blind man living ored vests that read ‘‘Guide Dog in Mott, MCHC’s mission is to better the in Tennessee named Morris Frank Training.’’ lives of Genesee County’s at-risk youth wrote to the author, ‘‘Thousands of Not only did Morris Frank bring the through health services and commu- blind like me abhor being dependent on first guide dog to America, he opened nity advocacy. As a health service pro- others. Help me and I will help them. the first school in 1929, The Seeing Eye. vider, MCHC offers the Genesee County

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.209 S14PT2 S11076 CONGRESSIONAL RECORD — SENATE November 14, 2002 community both emotional and phys- tion Services for the Genesee Inter- H.R. 3758. An act for the relief of So Hyun ical pediatric health services, educates mediate School District, Gloria is now Jun. families on health-related issues, and responsible for the health and safety of At 8:46 p.m., a message from the supports local schools and neighbor- the children in 55 public schools, public House of Representatives, delivered by hoods with on-site health care. In order academies, and private schools. She is Ms. Niland, one of its reading clerks, to inform community decision makers also an active member of the commu- announced that the House has passed on issues related to Genesee County’s nity. She supports many coalitions in- the following bill, in which it requests children’s health needs, MCHC sponsors cluding Priority Children, Childhood the concurrence of the Senate: events on matters affecting children’s Asthma Task Force, and the Genesee H.R. 5708. An act to reduce preexisting health, supports various state and local County Curriculum Council. Her out- PAYGO balances, and for other purposes. children’s advocacy organizations, and standing work and dedication have At 9:19 p.m., a message from the develops educational materials on been recognized by various organiza- House of Representatives, delivered by children’s issues. In its 63-year history, tions. Most recently, Gloria received Ms. Niland, one of its reading clerks, MCHC has expanded to become a prin- the Genesee County Child Advocacy announced that the House agrees to cipal in child health advocacy in the Award, the Michigan Association of the amendments of the Senate to the Genesee Valley community and School Board’s Health and Safety bill (H.R. 5063) to amend the Internal throughout Michigan. Award, and the Rainmaker Award from Revenue Code of 1986 to provide a spe- MCHC is a recognized leader in the HealthPlus. cial rule for members of the uniformed battle against childhood asthma, an ill- Gloria’s dedication to children’s services in determining the exclusion ness that affects 15 percent of Genesee health is evident in her writing and of gain from the sale of a principal res- County’s children. As part of the Child- fundraising efforts. In 1998, she au- idence and to restore the tax exempt hood Asthma Task Force, (CATF), thored a Health Action Team Manual status of death gratuity payments to MCHC provides staff and other re- for Substance Abuse Education, Phys- members of the uniformed services, sources, including a home to CATF’s ical Activity, Nutrition Education, and with amendments. three Mini Asthma Resource Centers. Safe and Drug Free School Zones. She At 9:52 p.m., a message from the MCHC nurses, who dedicate themselves has assisted the American Lung Asso- House of Representatives, delivered by to educating families about asthma ciation in efforts regarding asthma, to- Mr. Hays, one of its reading clerks, an- and available treatments, staff these bacco and air-quality awareness. Gloria nounced that the House agrees to the CATF centers. Additionally, in its con- also encourages her nursing and teach- report of the committee of conference tinuing effort to highlight children’s ing staff to support the Association’s on the disagreeing votes of the two respiratory health issues, last year goals. Houses on the amendment of the Sen- MCHC sponsored the 29th Annual Tuuri I join the American Lung Association ate to the bill (H.R. 3210) to ensure the Day Conference, which addressed topics of Michigan-Genesee Valley Region in continued financial capacity of insur- such as ‘‘New Approached to Pediatric congratulating Gloria on her great ac- ers to provide coverage for risks from Asthma’’ and ‘‘Smoking Among Chil- complishments in promoting the terrorism. dren and Families.’’ health and safety of the children in At 10:25 p.m., a message from the MCHC has a long and impressive his- Genesee County and surrounding areas. House of Representatives, delivered by tory of advocacy for the children of I know that my colleagues in the Sen- Ms. Niland, one of its reading clerks, Genesee Valley. I know my colleagues ate will support me in thanking Gloria announced that the House agrees to join me in congratulating Mott Chil- Bourdon for her efforts and wishing her the report of the committee of con- dren’s Health Center for being named well in her future endeavors.∑ ference on the disagreeing votes of the the 2002 Corporate Health Advocate of f two Houses on the amendment of the the Year and wishing them continued MESSAGES FROM THE PRESIDENT Senate to the bill (S. 1214) to amend success.∑ the Merchant Marine Act, 1936, to es- f Messages from the President of the tablish a program to ensure greater se- United States were communicated to RECOGNIZING GLORIA R. BOURDON curity for United States seaports, and the Senate by Ms. Evans, one of his for other purposes. ∑ Mr. LEVIN. Madam President, I wish secretaries. f to express my sincerest congratula- f tions to Gloria R. Bourdon of Michigan MEASURES PLACED ON THE who has recently been recognized by EXECUTIVE MESSAGES REFERRED CALENDAR the American Lung Association of As in executive session, the Presiding The following joint resolution was Michigan-Genessee Valley Region as Officer laid before the Senate messages read the first and second times by the 2002 Individual Health Advocate of from the President of the United unanimous consent, and placed on the the Year. States submitting sundry nominations calendar: The American Lung Association of which were referred to the appropriate H.J. Res. 124. Joint resolution making fur- Michigan-Genesee Valley Region committees. ther continuing appropriations for the fiscal awards this honor to an individual who (The nominations received today are year 2003, and for other purposes. has served as board member on a printed at the end of the Senate pro- f health association or participated in a ceedings.) EXECUTIVE AND OTHER health related activity for at least 5 f years. Recipients must contribute to COMMUNICATIONS MESSAGES FROM THE HOUSE the community’s health, education, The following communications were and general well-being. The individual At 9:36 a.m., a message from the laid before the Senate, together with must have been involved in promoting House of Representatives, delivered by accompanying papers, reports, and doc- health care research, contributing to Ms. Niland, one of its reading clerks, uments, which were referred as indi- articles on health care, and involved in announced that the House has passed cated: lung health care advocacy. Gloria the following bill, in which it requests EC–9469. A communication from the Sec- Bourdon has not only met these cri- the concurrence of the Senate: retary of Labor, transmitting, pursuant to teria but has far exceeded them; for H.R. 5710. An act to establish the Depart- law, the annual report on the Fiscal Year this she is a worthy recipient of this ment of Homeland Security, and for other 2001 operations of the Office of Workers’ prestigious award. purposes: Compensation Programs; to the Committee Gloria Bourdon’s promotion of chil- At 4:08 p.m., a message from the on Health, Education, Labor, and Pensions. dren’s health issues began in 1970 as a House of Representatives, delivered by EC–9470. A communication from the Ad- ministrator, General Services Administra- teacher in Pinconning and Linden Mr. Hays, one of its reading clerks, an- tion, transmitting the report of lease Areas Schools, where she taught stu- nounced that the House has passed the prospectuses that support the General Serv- dents to lead healthy lifestyles. As the following bill, in which it requests the ices Administration’s Fiscal Year 2003 Cap- Director of Health, Safety and Nutri- concurrence of the Senate: ital Investment and Leasing Program; to the

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.074 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11077 Committee on Environment and Public EC–9483. A communication from the Chief, pursuant to law, the report of a rule entitled Works. Regulation Unit, Internal Revenue Service, ‘‘Revenue Ruling 2002–60 ; Application of Sec- EC–9471. A communication from the Chair- Department of the Treasury, transmitting, tion 426(e)(3)’’ received on October 9, 2002; to man of the Nuclear Regulatory Commission, pursuant to law, the report of a rule entitled the Committee on Finance. transmitting, pursuant to law, the Commis- ‘‘Section 1.446–4(e)(4) hedges of Debt Instru- EC–9495. A communication from the Chief, sion’s monthly report on the status of licens- ments’’ ((Rev. Rul. 2002–71) (Rev. Rul. 2002– Regulations Unit, Internal Revenue Service, ing and regulatory duties for July 2002; to 71)) received on October 28, 2002; to the Com- Department of the Treasury, transmitting, the Committee on Environment and Public mittee on Finance. pursuant to law, the report of a rule entitled Works. EC–9484. A communication from the Chief, ‘‘Rev. Proc. 2002–16, Revision of’’ (Rev. Proc. EC–9472. A communication from the Dep- Regulation Unit, Internal Revenue Service, 2002–68) received on October 9, 2002; to the uty Administrator, General Services Admin- Department of the Treasury, transmitting, Committee on Finance. istration, transmitting, pursuant to law, a pursuant to law, the report of a rule entitled EC–9496. A communication from the Chief, Report of Building Project Survey, Char- ‘‘Modification of Rev. Rul. 2002–46’’ (Rev. Regulations Unit, Internal Revenue Service, lotte, NC; to the Committee on Environment Rul. 2002–73) received on October 21, 2002; to Department of the Treasury, transmitting, and Public Works. the Committee on Finance. pursuant to law, the report of a rule entitled EC–9473. A communication from the Dep- EC–9485. A communication from the Chief, ‘‘Announcement 2002–96; Termination of Ap- uty Administrator, General Services Admin- Regulation Unit, Internal Revenue Service, peals Settlement Initiative for Corporate istration, transmitting, pursuant to law, a Department of the Treasury, transmitting, Owned Life Insurance (COLI)’’ received on Report of Building Project Survey, U.S. pursuant to law, the report of a rule entitled October 9, 2002; to the Committee on Fi- Court of Appeals, Atlanta, GA; to the Com- ‘‘Certain Reinsurance Arrangements’’ (Rev. nance. mittee on Environment and Public Works. Rul. 2002–70) received on October 28, 2002; to EC–9497. A communication from the Chief, EC–9474. A communication from the Prin- the Committee on Finance. Regulations Unit, Internal Revenue Service, cipal Deputy Associate Administrator of the EC–9486. A communication from the Chief, Department of the Treasury, transmitting, Environmental Protection Agency, transmit- Regulation Unit, Internal Revenue Service, pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- Department of the Treasury, transmitting, ‘‘Settlement of Section 351 Contingent Li- titled ‘‘Partial Withdrawal of Approval of 34 pursuant to law, the report of a rule entitled ability Tax Shelter Cases’’ received on Octo- Clean Air Act Part 70 Operating Permits ‘‘Lease-in/Lease-out (LILO) transactions’’ re- ber 9, 2002; to the Committee on Finance. Programs in California; Announcement of a EC–9498. A communication from the Chief, ceived on October 21, 2002; to the Committee Federal Operating Permits Program’’ re- Regulations Unit, Internal Revenue Service, on Finance. ceived on October 16, 2002; to the Committee EC–9487. A communication from the Chief, Department of the Treasury, transmitting, on Environment and Public Works. Regulations Branch, U.S. Customs Service, pursuant to law, the report of a rule entitled EC–9475. A communication from the Prin- Department of the Treasury, transmitting, ‘‘Settlement Initiative for Settlement 302/318 cipal Deputy Associate Administrator of the Basis-Shifting Transactions’’ received on Oc- pursuant to law, the report of a rule entitled Environmental Protection Agency, transmit- tober 9, 2002; to the Committee on Finance. ‘‘Presentation of Vessel Cargo Declaration to ting, pursuant to law, the report of a rule en- EC–9499. A communication from the Chair- titled ‘‘National Emission Standards for Haz- Customs Before Cargo Is Laden Aboard Ves- man, Office of the General Counsel, Federal ardous Air Pollution for Friction Materials sel at Foreign Port for Transport to the Election Commission, transmitting, pursu- Manufacturing Facilities’’ received on Octo- United States’’ received on October 28, 2002; ant to law, the report of a rule entitled ber 16, 2002; to the Committee on Environ- to the Committee on Finance. ‘‘Electioneering Communications’’ received EC–9488. A communication from the Regu- ment and Public Works. October 16, 2002; to the Committee on Rules lations Coordinator, Centers for Medicare EC–9476. A communication from the Sec- and Administration. retary of Transportation, transmitting, pur- and Medicaid Services, Department of EC–9500. A communication from the Assist- suant to law, a report on Local Officials’ Health and Human Services, transmitting, ant General Counsel for Regulations, Office Participation in Transportation Planning pursuant to law, the report of a rule entitled of the Secretary, Department of Housing and and Programming; to the Committee on En- ‘‘Inpatient Hospital Deductible and Hospital Urban Affairs, transmitting, pursuant to vironment and Public Works. and Extended Care Services Coinsurance law, the report of a rule entitled ‘‘HOME In- EC–9477. A communication from the Assist- Amounts for 2003’’ received on October 21, vestment Partnerships Program’’ received on ant Attorney General, Office of Legislative 2002; to the Committee on Finance. October 28, 2002; to the Committee on Bank- Affairs, Department of Justice, transmit- EC–9489. A communication from the Sec- ing, Housing, and Urban Affairs. ting, pursuant to law, the Bureau of Justice retary of Health and Human Services, trans- EC–9501. A communication from the Assist- Assistance’s annual report for fiscal year mitting, pursuant to law, a report on Waiver ant Secretary for Administration and Man- 2001; to the Committee on the Judiciary. Exception for Medicare + Choice Provider agement, Department of Health and Human EC–9478. A communication from the Sec- Sponsored Organizations; to the Committee Services, transmitting, pursuant to law, a retary of Health and Human Services, trans- on Finance. report on the Department’s commercial ac- mitting, pursuant to law, a report relative to EC–9490. A communication from the Chair- tivities inventor; to the Committee on Gov- the Refugee Resettlement Program for the man, Office of the General Counsel, Federal ernmental Affairs. period from October 1, 1999 through Sep- Election Commission, transmitting, pursu- EC–9502. A communication from the Dis- tember 30, 2000; to the Committee on the Ju- ant to law, the report of a rule entitled trict of Columbia Auditor, transmitting, pur- diciary. ‘‘Electioneering Communications’’ received suant to law, a report entitled ‘‘Executive EC–9479. A communication from the Chief, on October 16, 2002; to the Committee on Branch Fails to Implement The Telephone Regulation Unit, Internal Revenue Service, Rules and Administration. Fraud Amendment Act’’; to the Committee Department of the Treasury, transmitting, EC–9491. A communication from the Chief on Governmental Affairs. pursuant to law, the report of a rule entitled Counsel, Bureau of the Public Debt, Depart- EC–9503. A communication from the Dis- ‘‘Tax Shelter Disclosure Statements’’ (RIN ment of the Treasury, transmitting, pursu- trict of Columbia Auditor, transmitting, pur- 1545–BB32) received on October 28, 2002; to ant to law, the report of a rule entitled ‘‘31 suant to law, a report entitled ‘‘Certification the Committee on Finance. CFR Parts 351, 357, 359, 360, 363, Regulations Review of the Sufficiency of the Washington EC–9480. A communication from the Chief, Governing Treasury Securities’’ received on Convention Center Authority’s Projected Regulation Unit, Internal Revenue Service, October 9, 2002; to the Committee on Fi- Revenue and Excess Reserve to Meet Pro- Department of the Treasury, transmitting, nance. jected Operating and Debt Service Expendi- pursuant to law, the report of a rule entitled EC–9492. A communication from the Chief, tures and Reserve Requirements for Fiscal ‘‘Requirement to Maintain List of Investors Regulations Unit, Internal Revenue Service, Year 2003’’; to the Committee on Govern- in Potentially Abusive Tax Shelters’’ (RIN Department of the Treasury, transmitting, mental Affairs. 1545–BB33) received on October 28, 2002; to pursuant to law, the report of a rule entitled EC–9504. A communication from the Dis- the Committee on Finance. ‘‘Interest Rates and Appropriate Foreign trict of Columbia Auditor, transmitting, pur- EC–9481. A communication from the Chief, Loss Payment Patterns for Determining the suant to law, a report entitled ‘‘Audit of Ad- Regulation Unit, Internal Revenue Service, Qualified Insurance Income of Certain Con- visory Neighborhood Commission 6B for Fis- Department of the Treasury, transmitting, trolled Corporations under Section 954(i)’’ re- cal Years 1999 Through 2002, as of June 30th’’; pursuant to law, the report of a rule entitled ceived on October 9, 2002; to the Committee to the Committee on Governmental Affairs. ‘‘Bureau of Labor Statistics Price Indexes on Finance. EC–9505. A communication from the Direc- for Department Stores—August 2002’’ (Rev. EC–9493. A communication from the Chief, tor, Office of Compensation Administration, Rul. 2002–64) received on October 7, 2002; to Regulations Unit, Internal Revenue Service, Office of Personnel Management, transmit- the Committee on Finance. Department of the Treasury, transmitting, ting pursuant to law, the report of a rule en- EC–9482. A communication from the Chief, pursuant to law, the report of a rule entitled titled ‘‘Basic Pay for Employees Temporary Regulation Unit, Internal Revenue Service, ‘‘Notice 2002–63; Sales of Frequent Flyer Organizations’’ received October 28, 2002; to Department of the Treasury, transmitting, Miles’’ received on October 9, 2002; to the the Committee on Governmental Affairs. pursuant to law, the report of a rule entitled Committee on Finance. EC–9506. A communication from the Direc- ‘‘Applicable Federal Rates—November 2002’’ EC–9494. A communication from the Chief, tor of the Office of Management and Budget, (Rev. Rul. 2002–74) received on October 21, Regulations Unit, Internal Revenue Service, Executive Office of the President, transmit- 2002; to the Committee on Finance. Department of the Treasury, transmitting, ting, pursuant to law, a report entitled

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.067 S14PT2 S11078 CONGRESSIONAL RECORD — SENATE November 14, 2002 ‘‘Statistical Programs of the United States EC–9519. A communication from the Chair- Staff, Food and Drug Administration, De- Government: Fiscal Year 2003’’; to the Com- man of the Council of the District of Colum- partment of Health and Human Services, mittee on Governmental Affairs. bia, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of EC–9507. A communication from the Chair- on D.C. Act 14–483, ‘‘Tax Clarity and Related a rule entitled ‘‘Food Labeling: Health man of the Council of the District of Colum- Amendments Temporary Act of 2002’’; to the Claims; Soluble Dietary Fiber From Certain bia, transmitting, pursuant to law, a report Committee on Governmental Affairs. Foods and Coronary Heart Disease’’ (Doc No. on D.C. Act 14–462, ‘‘General Obligation EC–9520. A communication from the Chair- 01Q–0313) received on October 28, 2002; to the Bonds and Bond Anticipation Notes for Fis- man of the Council of the District of Colum- Committee on Health, Education, Labor, and cal Years 2002–2007 Authorization Act of bia, transmitting, pursuant to law, a report Pensions. 2002’’; to the Committee on Governmental on D.C. Act 14–474, ‘‘Automated Traffic En- EC–9532. A communication from the Direc- Affairs. forcement Fund Temporary Amendment Act tor, Regulations Policy and Management EC–9508. A communication from the Chair- of 2002’’; to the Committee on Governmental Staff, Food and Drug Administration, De- man of the Council of the District of Colum- Affairs. partment of Health and Human Services, bia, transmitting, pursuant to law, a report EC–9521. A communication from the Chair- transmitting, pursuant to law, the report of on D.C. Act 14–463, ‘‘Mobile Telecommuni- man of the Council of the District of Colum- a rule entitled ‘‘Secondary Direct Food Addi- cations Sourcing Conformity Act of 2002’’; to bia, transmitting, pursuant to law, a report tives Permitted in Food for Human Con- the Committee on Governmental Affairs. on D.C. Act 14–482, ‘‘Inheritance and Estate sumption’’ (Doc. No. 02F–0042) received on EC–9509. A communication from the Chair- Tax Temporary Act of 2002’’; to the Com- October 28, 2002; to the Committee on man of the Council of the District of Colum- mittee on Governmental Affairs. Health, Education, Labor, and Pensions. EC–9522. A communication from the Chair- bia, transmitting, pursuant to law, a report EC–9533. A communication from the Direc- man of the Council of the District of Colum- on D.C. Act 14–465, ‘‘Department of Insurance tor, Regulations Policy and Management bia, transmitting, pursuant to law, a report and Securities Regulation Merger Review Staff, Food and Drug Administration, De- on D.C. Act 14–472, ‘‘Council Review of Exist- Temporary Amendment Act of 2002’’; to the partment of Health and Human Services, ing Convention Center Site Redevelopment Committee on Governmental Affairs. transmitting, pursuant to law, the report of Temporary Amendment Act of 2002’’; to the EC–9510. A communication from the Chair- a rule entitled ‘‘White Chocolate; Establish- man of the Council of the District of Colum- Committee on Governmental Affairs. EC–9523. A communication from the Chair- ment of a Standard of Identity’’ (Doc. No. bia, transmitting, pursuant to law, a report 86P–0297 and 93P–0091) received on October 28, on D.C. Act 14–466, ‘‘Ward Redistricting Resi- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report 2002; to the Committee on Health, Education, dential Permit Parking Extension Tem- on D.C. Act 14–473, ‘‘Capitol Hill Business Labor, and Pensions. porary Amendment Act of 2002’’; to the Com- Improvement District Temporary Amend- EC–9534. A communication from the Assist- mittee on Governmental Affairs. ment Act of 2002’’; to the Committee on Gov- ant Secretary, Pension and Welfare Benefits EC–9511. A communication from the Chair- Administration, Department of Labor, trans- man of the Council of the District of Colum- ernmental Affairs. EC–9524. A communication from the Dep- mitting, pursuant to law, the report of a rule bia, transmitting, pursuant to law, a report uty Archivist of the United States, National entitled ‘‘Interim Final Rule Relating to on D.C. Act 14–464, ‘‘Religious Organization Archives and Records Administration, trans- Civil Penalties Under ERISA Section Exemption Amendment Temporary Act mitting, pursuant to law, the report of a rule 502(2)(7) and Conforming Technical Changes 2002’’; to the Committee on Governmental entitled ‘‘Debt Collection’’ (RIN3095–AA77) On Civil Penalties Under ERISA Sections Affairs. received on October 16, 2002; to the Com- 502(c)(2), 502(c)(5), and 502(c)(6)’’ ((RIN1210– EC–9512. A communication from the Chair- mittee on Governmental Affairs. AA91)(1210–AA93)) received on October 21, man of the Council of the District of Colum- EC–9525. A communication from the Dep- 2002; to the Committee on Health, Education, bia, transmitting, pursuant to law, a report uty Archivist of the United States, National Labor, and Pensions. on D.C. Act 14–468, ‘‘Washington Metropoli- Archives and Records Administration, trans- EC–9535. A communication from the Direc- tan Area Transit Authority Property Dedica- mitting, pursuant to law, the report of a rule tor, Corporate Policy and Research Depart- tion Transfer Tax Exemption Temporary Act entitled ‘‘Researcher Identification Cards’’ ment, Pension Benefit Guaranty Corpora- 2002’’; to the Committee on Governmental (RIN3095–AB14); to the Committee on Gov- tion, transmitting, pursuant to law, the re- Affairs. ernmental Affairs. port of a rule entitled ‘‘Benefits Payable in EC–9513. A communication from the Chair- EC–9526. A communication from the Acting Terminated Single-Employer Plans; Alloca- man of the Council of the District of Colum- Director, Office of Regulatory Law, Depart- tion of Assets in Single-Employer Plans; In- bia, transmitting, pursuant to law, a report ment of Veterans Affairs, transmitting, pur- terest Assumptions for Valuing and Paying on D.C. Act 14–467, ‘‘Other-Type Funds Tem- suant to law, the report of a rule entitled Benefits’’ received on October 15 2002; to the porary Act of 2002’’; to the Committee on ‘‘Prohibition of Interment or Memorializa- Committee on Health, Education, Labor, and Governmental Affairs. tion in National Cemeteries and Certain Pensions. EC–9514. A communication from the Chair- State Cemeteries Due to Commission of Cap- EC–9536. A communication from the Sec- man of the Council of the District of Colum- itol Crimes’’ received on October 28, 2002; to retary of Health and Human Services, trans- bia, transmitting, pursuant to law, a report the Committee on Veterans’ Affairs. mitting, pursuant to law, the report on the on D.C. Act 14–469, ‘‘Motor Vehicle Registra- EC–9527. A communication from the Acting implementation of the Age Discrimination tion and Operator’s Permit Issuance En- Director, Office of Regulatory Law, Depart- Act during fiscal year 2001; to the Committee hancement Temporary Amendment Act of ment of Veterans Affairs, transmitting, pur- on Labor and Human Resources. 2002’’; to the Committee on Governmental suant to law, the report of a rule entitled Affairs. ‘‘Loan Guaranty: Net Value and Pre-Fore- f EC–9515. A communication from the Chair- closure Debt Waivers’’ received on October REPORTS OF COMMITTEES man of the Council of the District of Colum- 28, 2002; to the Committee on Veterans’ Af- bia, transmitting, pursuant to law, a report fairs. The following reports of committees on D.C. Act 14–471, ‘‘Transfer of Jurisdiction EC–9528. A communication from the Acting were submitted: of Reservation 19 and 124 Temporary Act of Director, Office of Regulatory Law, Depart- By Mr. LEAHY, from the Committee on 2002’’; to the Committee on Governmental ment of Veterans Affairs, transmitting, pur- the Judiciary, without amendment: Affairs. suant to law, the report of a rule entitled H.R. 3180: A bill to consent to certain EC–9516. A communication from the Chair- ‘‘Recoupment of Severance Pay from VA amendments to the New Hampshire-Vermont man of the Council of the District of Colum- Compensation’’ received on October 15, 2002; Interstate School Compact. bia, transmitting, pursuant to law, a report to the Committee on Governmental Affairs. H.R. 3988: A bill to amend title 36, United on D.C. Act 14–470, ‘‘Freedom Forum Real EC–9529. A communication from the Acting States Code, to clarify the requirements for Property Tax Exemption and Equitable Real Director, Office of Regulatory Law, Depart- eligibility in the American Legion.. Property Tax Relief Temporary Act of 2002’’; ment of Veterans Affairs, transmitting, pur- By Mr. LEAHY, from the Committee on to the Committee on Governmental Affairs. suant to law, the report of a rule entitled the Judiciary, with an amendment in the na- EC–9517. A communication from the Chair- ‘‘Enrollment-Provision of Hospital and Out- ture of a substitute: man of the Council of the District of Colum- patient Care to Veterans’’ received on Octo- S. 1655: A bill to amend title 18, United bia, transmitting, pursuant to law, a report ber 15, 2002; to the Committee on Govern- States Code, to prohibit certain interstate on D.C. Act 14–486, ‘‘Solid Waste Transfer mental Affairs. conduct relating to exotic animals. Station Service and Settlement Agreements EC–9530. A communication from the Direc- By Mr. LEAHY, from the Committee on Temporary Amendment Act of 2002’’; to the tor of the Office of Insular Affairs, Depart- the Judiciary, with amendments: Committee on Governmental Affairs. ment of the Interior, transmitting, pursuant S. 2480: A bill to amend title 18, United EC–9518. A communication from the Chair- to law, the report entitled ‘‘Financial and States Code, to exempt qualified current and man of the Council of the District of Colum- Social Impacts of the Compacts of Free Asso- former law enforcement officers from state bia, transmitting, pursuant to law, a report ciation on the United States Insular Areas laws prohibiting the carrying of concealed on D.C. Act 14–487, ‘‘Solid Waste Facility and the State of Hawaii’’; to the Committee handguns. Permit Phase-Out Extension Temporary on Energy and Natural Resources. From the Committee on the Judiciary, Amendment Act of 2002’’; to the Committee EC–9531. A communication from the Direc- with an amendment in the nature of a sub- on Governmental Affairs. tor, Regulations Policy and Management stitute:

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.069 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11079

S. 2520: A bill to amend title 18, United EDWARDS, Mr. ENSIGN, Mr. ENZI, Mr. S. 3165. A bill to provide loan forgiveness States Code, with respect to the sexual ex- FEINGOLD, Mrs. FEINSTEIN, Mr. to social workers who work for child protec- ploitation of children. FITZGERALD, Mr. FRIST, Mr. GRAHAM, tive agencies; to the Committee on Health, By Mr. LEAHY, from the Committee on Mr. GRAMM, Mr. GRASSLEY, Mr. Education, Labor, and Pensions. the Judiciary, without amendment: GREGG, Mr. HAGEL, Mr. HARKIN, Mr. By Mr. DEWINE (for himself and Mr. S. 2541: A bill to amend title 18, United HATCH, Mr. HELMS, Mr. HOLLINGS, Mr. ROCKEFELLER): States Code, to establish penalties for aggra- HUTCHINSON, Mrs. HUTCHISON, Mr. S. 3166. A bill to amend the Higher Edu- vated identity theft, and for other purposes. INHOFE, Mr. INOUYE, Mr. JEFFORDS, cation Act of 1965 to provide loan forgiveness S. 2934: A bill to amend title 36, United Mr. JOHNSON, Mr. KENNEDY, Mr. for attorneys who represent low-income fam- States Code, to clarify the requirements for KERRY, Mr. KOHL, Mr. KYL, Ms. ilies or individuals involved in the family or eligibility in the American Legion. LANDRIEU, Mr. LEAHY, Mr. LEVIN, Mr. domestic relations court systems; to the By Mr. LEAHY, from the Committee on LIEBERMAN, Mrs. LINCOLN, Mr. Committee on Health, Education, Labor, and the Judiciary, without amendment and with LUGAR, Mr. MCCAIN, Mr. MCCONNELL, Pensions. a preamble: Ms. MIKULSKI, Mr. MILLER, Mr. By Mr. DEWINE (for himself and Mr. S. Con. Res. 94: A concurrent resolution ex- MURKOWSKI, Mrs. MURRAY, Mr. LIEBERMAN): pressing the sense of Congress that public NELSON of Florida, Mr. NELSON of Ne- S. 3167. A bill to provide grants to States awareness and education about the impor- braska, Mr. NICKLES, Mr. REED, Mr. and outlying areas to encourage the States tance of health care coverage is of the ut- REID, Mr. ROBERTS, Mr. and outlying areas to enhance existing or es- most priority and that a National Impor- ROCKEFELLER, Mr. SANTORUM, Mr. tablish new statewide coalitions among in- tance of Health Care Coverage Month should SARBANES, Mr. SCHUMER, Mr. stitutions of higher education, communities around the institutions, and other relevant be established to promote that awareness SESSIONS, Mr. SHELBY, Mr. SMITH of organization or groups, including anti-drug and education. New Hampshire, Mr. SMITH of Or- or anti-alcohol coalitions, to reduce under- egon, Ms. SNOWE, Mr. SPECTER, Ms. f age drinking and illicit drug-use by students, STABENOW, Mr. STEVENS, Mr. both on and off campus; to the Committee on EXECUTIVE REPORTS OF THOMAS, Mr. THOMPSON, Mr. Health, Education, Labor, and Pensions. THURMOND, Mr. TORRICELLI, Mr. COMMITTEES By Mr. DODD: VOINOVICH, Mr. WARNER, and Mr. S. 3168. A bill to improve funeral home, The following executive reports of WYDEN): cemetery, and crematory inspections sys- committees were submitted: S. 3156. A bill to provide a grant for the construction of a new community center in tems, to establish consumer protections re- By Mr. LEAHY for the Committee on the lating to funeral service contracts, and for Judiciary. St. Paul, Minnesota, in honor of the late Senator Paul Wellstone and his beloved wife, other purposes; to the Committee on Com- Michael W. McConnell, of Utah, to be merce, Science, and Transportation. United States Circuit Judge for the Tenth Sheila; considered and passed. By Mr. BUNNING: By Ms. LANDRIEU: Circuit. S. 3169. A bill to provide for military char- Dennis W. Shedd, of South Carolina, to be S. 3157. A bill to expand the boundaries of the Fort Donelson National Battlefield, to ters between military installations and local United States Circuit Judge for the Fourth school districts, to provide credit enhance- Circuit. authorize the acquisition of land associated with the campaign that resulted in the cap- ment initiatives to promote military charter Kevin J. O’Connor, of Connecticut, to be school facility acquisition, construction, and United States Attorney for the District of ture of Fort Donelson in 1862, and for other purposes; to the Committee on Energy and renovation, and for other purposes; to the Connecticut for the term of four years. Natural Resources. Committee on Health, Education, Labor, and (Nominations without an asterisk By Mr. REED (for himself and Mr. Pensions. were reported with the recommenda- DEWINE): By Mr. DASCHLE (for himself and Mr. tion that they be confirmed.) S. 3158. A bill to establish a grant program LOTT): to provide comprehensive eye examinations S.J. Res. 53. A joint resolution relative to f to children, and for other purposes; to the the convening of the first session of the One NOMINATIONS DISCHARGED Committee on Health, Education, Labor, and Hundred Eighth Congress; considered and Pensions. passed. The following nominations were dis- By Mrs. LINCOLN: f charged from the Committee on Com- S. 3159. A bill to amend the Immigration merce, Science, and Transportation and Nationality Act to render inadmissible SUBMISSION OF CONCURRENT AND pursuant to the order of November 14, to the United States the extended family of SENATE RESOLUTIONS international child abductors, and for other The following concurrent resolutions 2002: purposes; to the Committee on the Judici- Coast Guard nomination of Dana B. Reid. ary. and Senate resolutions were read, and Coast Guard nominations beginning Doug- By Mr. NELSON of Nebraska: referred (or acted upon), as indicated: las A. Ash and ending Warren E. Soloduk, S. 3160. A bill to provide emergency dis- By Mr. DAYTON: which nominations were received by the Sen- aster assistance to agricultural producers; to S. Res. 356. A resolution paying a gratuity ate and appeared in the Congressional the Committee on Agriculture, Nutrition, to Trudy Lapic; considered and agreed to. Record on October 17, 2002. and Forestry. By Mrs. FEINSTEIN (for herself and Coast Guard nominations beginning An- By Mr. FEINGOLD (for himself, Mr. Mrs. BOXER): thony J. Alarid an ending Michael B. KENNEDY, and Mr. JEFFORDS): S. Res. 357. A resolution commending and Zamperini, which nominations were received S. 3161. A bill to provide a definition of a congratulating the Anaheim Angels for their by the Senate and appeared in the Congres- prevailing party for Federal fee-shifting remarkable spirit, resilience, and athletic sional Record on November 12, 2002. statutes; to the Committee on the Judiciary. discipline in winning the 2002 World Series; By Mr. DURBIN (for himself, Mr. considered and agreed to. f NELSON of Florida, Mr. CLELAND, and f INTRODUCTION OF BILLS AND Mr. EDWARDS): JOINT RESOLUTIONS S. 3162. A bill to amend title 49, United ADDITIONAL COSPONSORS States Code, to enhance the security of S. 486 The following bills and joint resolu- transporting high-level nuclear waste and tions were introduced, read the first spent nuclear fuel, and for other purposes; to At the request of Mr. LEAHY, the and second times by unanimous con- the Committee on Commerce, Science, and name of the Senator from New Hamp- sent, and referred as indicated: Transportation. shire (Mr. SMITH) was added as a co- By Mr. DEWINE: sponsor of S. 486, a bill to reduce the By Mr. BARKLEY (for himself, Mr. S. 3163. A bill to establish a grant program risk that innocent persons may be exe- DAYTON, Mr. DASCHLE, Mr. LOTT, Mr. to enable institutions of higher education to cuted, and for other purposes. AKAKA, Mr. ALLARD, Mr. ALLEN, Mr. improve schools of education; to the Com- BAUCUS, Mr. BAYH, Mr. BENNETT, Mr. mittee on Health, Education, Labor, and S. 650 BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. Pensions. At the request of Mrs. BOXER, the BOXER, Mr. BREAUX, Mr. BROWNBACK, By Mr. DEWINE: name of the Senator from Minnesota Mr. BUNNING, Mr. BURNS, Mr. BYRD, S. 3164. A bill to amend the Higher Edu- (Mr. DAYTON) was added as a cosponsor Mr. CAMPBELL, Ms. CANTWELL, Mrs. cation Act of 1965 to improve the loan for- of S. 650, a bill to amend the Mineral CARNAHAN, Mr. CARPER, Mr. CHAFEE, giveness program for child care providers, in- Leasing Act to prohibit the expor- Mr. CLELAND, Mrs. CLINTON, Mr. cluding preschool teachers, and for other tation of Alaska North Slope crude oil. COCHRAN, Ms. COLLINS, Mr. CONRAD, purposes; to the Committee on Health, Edu- Mr. CORZINE, Mr. CRAIG, Mr. CRAPO, cation, Labor, and Pensions. S. 987 Mr. DEWINE, Mr. DODD, Mr. DOMENICI, By Mr. DEWINE (for himself and Mr. At the request of Mr. TORRICELLI, the Mr. DORGAN, Mr. DURBIN, Mr. ROCKEFELLER): name of the Senator from Oregon (Mr.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.071 S14PT2 S11080 CONGRESSIONAL RECORD — SENATE November 14, 2002 WYDEN) was added as a cosponsor of S. nal Revenue Code of 1986 to suspend the reading, seventy percent have some 987, a bill to amend title XIX of the So- tax-exempt status of designated ter- form of visual impairment, such as oc- cial Security Act to permit States the rorist organizations, and for other pur- ular motor, perceptual or binocular option to provide medicaid coverage poses. dysfunction, that could interfere with for low-income individuals infected S.J. RES. 50 their reading skills. The ‘‘Children’s with HIV. At the request of Mr. MCCAIN, the Vision Improvement and Learning S. 1304 name of the Senator from Connecticut Readiness Act’’ recognizes the impor- At the request of Mr. KERRY, the (Mr. LIEBERMAN) was added as a co- tance of diagnosing vision disorders in name of the Senator from Missouri sponsor of S.J. Res. 50, A joint resolu- children at an early age so as to allow (Mrs. CARNAHAN) was added as a co- tion expressing the sense of the Senate intervention at a time when these dis- sponsor of S. 1304, a bill to amend title with respect to human rights in Cen- orders are highly responsive to treat- XVIII of the Social Security Act to tral Asia. ment. Unfortunately, too many children in provide for coverage under the medi- S. RES. 339 school today live with an undiagnosed care program of oral drugs to reduce At the request of Mrs. MURRAY, the vision impairment and too many times serum phosphate levels in dialysis pa- name of the Senator from Mississippi these same children have not had a tients with end-stage renal disease. (Mr. COCHRAN) was added as a cospon- comprehensive eye examination prior S. 2035 sor of S. Res. 339, A resolution desig- to entering school. In fact, only one- At the request of Mr. JEFFORDS, the nating November 2002, as ‘‘National third of all children have had an eye name of the Senator from Louisiana Runaway Prevention Month’’. examination or vision screening prior (Ms. LANDRIEU) was added as a cospon- S. CON. RES. 52 to entering school despite evidence sor of S. 2035, a bill to provide for the At the request of Mr. CORZINE, the that the earlier a vision problem is di- establishment of health plan pur- name of the Senator from Louisiana agnosed and corrected, the less the po- chasing alliances. (Ms. LANDRIEU) was added as a cospon- tential negative impact it may have on S. 2445 sor of S. Con. Res. 52, A concurrent res- a child’s development. At the request of Mrs. HUTCHISON, the olution expressing the sense of Con- In addition, undiagnosed visual prob- name of the Senator from Illinois (Mr. gress that reducing crime in public lems impose economic costs on our Na- FITZGERALD) was added as a cosponsor housing should be a priority, and that tion. In 1995, the economic impact of of S. 2445, a bill to establish a program the successful Public Housing Drug visual disorders and disabilities was ap- to promote child literacy by making Elimination Program should be fully proximately $38.4 billion. Yet, early, books available through early learning, funded. comprehensive eye exams in children child care, literacy, and nutrition pro- S. CON. RES. 155 can help reduce the economic and so- grams, and for other purposes. At the request of Mr. SANTORUM, the cial costs associated with undiagnosed S. 2577 name of the Senator from South Caro- eye disorders. Providing comprehensive At the request of Mr. FITZGERALD, lina (Mr. THURMOND) was added as a co- eye examinations to children before the name of the Senator from Con- sponsor of S. Con. Res. 155, A concur- they enter school helps to decrease necticut (Mr. LIEBERMAN) was added as rent resolution affirming the impor- long-term medical expenditures, pre- a cosponsor of S. 2577, a bill to repeal tance of a national day of prayer and vent inappropriate placement of chil- the sunset of the Economic Growth and fasting, and expressing the sense of dren in special education programs, Tax Relief Reconciliation Act of 2001 Congress that November 27, 2002, and avoid social welfare spending by with respect to the exclusion from Fed- should be designated as a national day improving children’s ability to learn eral income tax for restitution received of prayer and fasting. and achieve a greater degree of edu- by victims of the Nazi Regime. f cational and economic attainment. S. 2752 The ‘‘Children’s Vision Improvement STATEMENTS ON INTRODUCED and Learning Readiness Act’’ gives the At the request of Mr. JEFFORDS, the BILLS AND JOINT RESOLUTIONS name of the Senator from Maine (Ms. Secretary of Health and Human Serv- COLLINS) was added as a cosponsor of S. By Mr. REED (for himself and ices the authority to provide grants to 2752, a bill to amend title XVIII of the Mr. DEWINE): States for a variety of educational and Social Security Act to provide for the S. 3158. A bill to establish a grant outreach activities related to improv- establishment of medicare demonstra- program to provide comprehensive eye ing and safeguarding the eye health tion programs to improve health care examinations to children, and for other and academic success of our nation’s quality. purposes; to the Committee on Health, children. Grants may be used for the Education, Labor, and Pensions. development of a voluntary statewide S. 2903 Mr. REED. Mr. President, I rise school-based comprehensive eye exam- At the request of Mr. JOHNSON, the today to introduce the ‘‘Children’s Vi- ination program for elementary school names of the Senator from West Vir- sion Improvement and Learning Readi- age children; the development of State- ginia (Mr. ROCKEFELLER) and the Sen- ness Act.’’ I am pleased to be joined by based education programs to increase ator from Minnesota (Mr. DAYTON) my colleague from Ohio, Senator public awareness of the benefits of were added as cosponsors of S. 2903, a DEWINE, in this effort. Vision disorders comprehensive eye examinations; and bill to amend title 38, United States are the fourth most common disability the flexibility of providing comprehen- Code, to provide for a guaranteed ade- in the United States and the most sive eye examinations through other quate level of funding for veterans prevalent handicapping condition related federal programs, such as Head health care. among children. This is a startling fact Start, the Individuals with Disabilities S. 2922 when one considers that eighty percent Education Act, the Child Care Block At the request of Ms. LANDRIEU, the of what children learn is acquired Grant, and the Consolidated Health name of the Senator from South Caro- through vision processing information Centers programs. lina (Mr. THURMOND) was added as a co- and the quality of children’s eye health This important measure will help en- sponsor of S. 2922, a bill to facilitate has a direct impact on their learning sure that our nation’s children have ac- the deployment of wireless tele- and achievement. cess to comprehensive eye examina- communications networks in order to It is estimated that almost ten per- tions from qualified health profes- further the availability of the Emer- cent of children have clinically signifi- sionals so they can start school pre- gency Alert System, and for other pur- cant vision impairment, which are as- pared for a lifetime of learning and poses. sociated with developmental delays achievement. I urge my colleagues to S. 3081 and the need for special education, vo- join me and Senator DEWINE in sup- At the request of Mr. JOHNSON, the cational, and social services. Specifi- porting this legislation that will help name of the Senator from Louisiana cally, studies have found that among to boost the well-being and academic (Ms. LANDRIEU) was added as a cospon- the twenty percent of school age chil- achievement of our nation’s school sor of S. 3081, a bill to amend the Inter- dren who have a learning disability in children.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.076 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11081 By Mr. FEINGOLD (for himself, such statutes to encompass the com- tiff prepares into the evening for open- Mr. KENNEDY, and Mr. mon situation where defendants alter ing statements, the attorney learns JEFFORDS): their conduct after a lawsuit has com- that the defendant has admitted its S. 3161. A bill to provide a definition menced but without waiting for a court wrongful conduct and offered substan- of a prevailing party for Federal fee- order requiring them to do so. This tial compensation and a promise to shifting statutes; to the Committee on critical change in the definition of change its practices. This offer came the Judiciary. ‘‘prevailing party’’ will allow attorneys about only because of the spotlight the Mr. FEINGOLD. Madam President, I representing clients who cannot other- lawsuit put on the defendant and the am pleased today to introduce the Set- wise afford to hire a lawyer to recover possibility of a large jury verdict. This tlement Encouragement and Fairness their costs and to be paid a reasonable would be a complete victory for the Act of 2002. This bill provides that rate for their work. plaintiff, but under Buckhannon, the when plaintiffs bring a lawsuit that The Buckhannon case itself illus- attorney who labored for years to bring acts as a catalyst for a change in posi- trates the need for this legislation. about this result may not be paid. tion by the opposing party, they will be Buckhannon Board and Care Home in Later, if the same defendant returns to considered the ‘‘prevailing party’’ for West Virginia, an operator of assisted discriminatory practices, the next purposes of recovering attorneys’ fees living residences, failed a state inspec- plaintiff might very well not be able to under Federal law. The bill will help tion because some residents were in- find competent counsel who will take ensure that people who are the victims capable of ‘‘self-preservation’’ as de- the case. of civil rights, environmental, and fined by State law. After receiving or- Ironically, the failure to correct the worker rights’ abuses can obtain legal ders to close its facilities, Buckhannon Buckhannon decision could lead to representation to enforce their rights. sued the State seeking declaratory and plaintiffs’ attorneys dragging out law Over the course of our history, Con- injunctive relief that the ‘‘self-preser- suits out far beyond a point in time gress has often enacted laws encour- vation’’ requirement violated the Fair where the parties could reach a fair aging private litigants to implement Housing Amendments Act and the settlement, in order to insure that public policy through our court sys- Americans with Disabilities Act. While they meet the Buckhannon definition tem. An integral part of many such the lawsuit was pending but before the of ‘‘prevailing party.’’ This will in- laws are provisions that help individ- court ruled, the state legislature elimi- crease the costs of litigation and dis- uals obtain adequate legal representa- nated the ‘‘self-preservation’’ require- courage settlement. Simply put, tion by providing that the defendants ment. Buckhannon creates unnatural ten- will pay the plaintiffs’ attorneys’ fees Imagine how the plaintiffs felt when sions between attorneys and clients in cases where the plaintiff prevails. In they learned that their lawsuit had and may even push attorneys to not laws involving public accommodations, forced a change in the law not only for act in the best interest of their clients. housing, labor, disabilities, age dis- their own case but also for all of the Certainly we can do better. Congress crimination, violence against women, other individuals who had been subject has passed important laws to protect voting rights, pollution, and other to the improper self-preservation doc- the public in the work place and in our areas, Congress has acted over and over trine. If ever there was a complete and communities; we must ensure that again to empower private litigants in total victory caused by litigation, this these laws can be enforced, when nec- their pursuit of justice. Currently, was it. But, as Casey Stengel once said, essary, in court. The Settlement En- there are over two hundred statutory ‘‘It ain’t over ’till it’s over.’’ Once the couragement and Fairness Act of 2002 fee-shifting provisions that allow for State legislature changed the law, the will help insure that all our citizens some sort of payment of attorneys’ fees District Court granted defendant’s mo- have the ability to meaningfully chal- to a prevailing plaintiff. tion to dismiss the case as moot and lenge injustice. Until last year, in interpreting these denied Buckhannon’s request for attor- By Mr. DURBIN (for himself, Mr. fee-shifting statutes in cases where a neys’ fees. The court ruled that the leg- NELSON of Florida, Mr. settlement was reached before trial, islative action did not amount to a ju- CLELAND, and Mr. EDWARDS): nine circuit courts of appeals embraced dicially required change in position S. 3162. A bill to amend title 49, the ‘‘catalyst theory’’ to determine that would permit Buckhannon to be United States Code, to enhance the se- whether attorneys’ fees could be ob- considered a ‘‘prevailing party’’ in the curity of transporting high-level nu- tained. The catalyst theory required case. On appeal, the Court of Appeals clear waste and spend nuclear fuel, and the payment of fees where the lawsuit for the Fourth Circuit and then the for other purposes; to the Committee caused a change in the position or con- U.S. Supreme Court denied attorneys’ on Commerce, Science, and Transpor- duct of the defendant. Only one circuit fees for the plaintiffs, ruling that be- tation. court, the Fourth Circuit, applied a cause the change in the defendants’ Mr. DURBIN. Mr. President, I rise more narrow definition of prevailing conduct was voluntary rather than or- today to introduce legislation to im- party, requiring a judgment or a court dered by the court, Buckhannon was prove the safety of nuclear waste approved settlement in order for a not a prevailing party. transportation across our Nation. This plaintiff to obtain attorneys’ fees. I believe the narrow definition of bill, the Nuclear Waste Transportation In Buckhannon Board of Care & ‘prevailing party’ endorsed by the Security Act of 2002, seeks to address Home Inc. v. West Virginia Department Buckhannon decision will result in the concerns raised by the Congress’ of Health and Human Services, 2001, a many injustices going unchallenged. decision earlier this year to transport case arising out of the Fourth Circuit, Indeed, in calculating whether to take spent nuclear fuel to Yucca Mountain, the U.S. Supreme Court ruled, in a 5–4 a case, an attorney for a plaintiff will NV, for underground storage. Joining decision, that plaintiffs may recover have to consider not only the chances me in its introduction are Senators attorneys’ fees from defendants only if of losing, but the chances of winning CLELAND, EDWARDS, and NELSON. they have been awarded relief by a too easily. If businesses or individuals I voted in favor of moving nuclear court, not if they prevailed through a are able to engage in egregious con- waste to Yucca Mountain. My decision voluntary change in the defendant’s be- duct, refuse to change their behavior was not a simple one; rather its rami- havior or a private settlement. The without a lawsuit being filed against fications required serious consider- Buckhannon ruling eliminated the cat- them, and then avoid paying attorneys’ ation. At that time, I predicated my alyst theory for all fee shifting stat- fees by changing their conduct on the ‘yes’ vote on the waste being trans- utes in federal law. eve of trial, the effect will be that ported safely and securely through my The bill I introduce today restores some lawyers will decide that they can- home State of Illinois and across our the catalyst theory that the vast ma- not afford to take a case even if the Nation, and I indicated that I would in- jority of courts had approved prior to claims are very strong. troduce legislation to improve that the Buckhannon decision as a basis for Imagine a case involving a legitimate safety and security. This is that legis- seeking attorneys fees under Federal claim of housing discrimination where, lation. fee shifting statutes. It provides a new after many months, perhaps even years The Nuclear Waste Transportation definition of ‘‘prevailing party’’ for all of work, as the attorney for the plain- Security Act directs the Secretary of

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.077 S14PT2 S11082 CONGRESSIONAL RECORD — SENATE November 14, 2002 Transportation to establish a com- pers on our nation’s waterways, nu- which the package is likely to be sub- prehensive transportation safety pro- clear waste shipments may not be jected in an event involving fire, and gram that considers terrorist threats made via the inland waterways or on other threats that may be identified. and other potential dangers to the safe the Great Lakes unless waived for na- The agencies involved in this effort transportation of this spent fuel. The tional or homeland security purposes. must report to Congress every two Department of Transportation, the reg- This is critical to adequately protect years on these activities. ulator of these shipments, will consult these important natural resources. Finally, the bill amends current stat- with numerous cabinet and sub-cabinet Once the infrastructure is established ute to exclude DOT and NRC contrac- offices, including the soon to be cre- and the routing determined, employees tors from participating on the Nuclear ated Department of Homeland Secu- must be certified to handle any such Waste Technical Review Board and en- rity, to develop this program. After one emergencies that may result from this ables the Board to review the activities year, the Secretary will deliver a transportation and to mitigate their of the DOT and NRC and to obtain doc- progress report to Congress on the pro- impact on local populations. My bill uments from them as part of its exist- gram’s development and implementa- amends certification requirements for ing investigative powers. This provi- tion. hazmat employees, requiring that cer- sion will prevent any conflicts of inter- To better assist State, local, and tification be renewed every three est between the reviewers and imple- tribal governments in implementing years. Currently, this certification, menters of this law. The Board’s termi- this program, our bill establishes a without renewals, is required by regu- nation date is extended from one year grant program at DOT related to the lation but not codified in statute. after nuclear waste begins to be depos- transportation of nuclear spent fuel. The bill directs hazmat employers to ited at a national repository to 10 First responders will be eligible for submit training programs to DOT for years after such waste begins to be de- these grants, which will emphasize fre- review and approval and expands the posited. quently used routes. The grants will be definition of covered employees to in- I believe that our legislation allevi- used for infrastructure improvements, clude those who may be among the ates many of the concerns of shippers, drills and training, and other activities first responders to an accident but who hazmat employees, the federal govern- as determined by the Secretary. DOE do not receive training under current ment, and affected citizens regarding and the Federal Radiological Prepared- regulations. To provide funding for this the transportation of nuclear spent ness Coordinating Committee, FRPCC, additional training, the bill reauthor- fuel across our Nation. In the course of of FEMA will consult on the grant pro- izes the training grant program for its development, we consulted with gram. For this purpose, the bill author- hazmat instructors who train hazmat shippers, railroads, labor unions, the izes $3,000,000 for fiscal year 2003 and employees, and enables it to cover nuclear industry, federal regulators, additional funds as necessary for fiscal hazmat employee training as well. Ap- the environmental community, and our years 2004 through 2012. propriations are authorized at $3,000,000 colleagues in the Senate. The bill seeks A key component of spent nuclear for fiscal year 2003 and for such sums as to address the real threats we face and fuel transportation is ensuring the necessary for fiscal years 2004–2012. to take economic and safety concerns safety and security of routes nation- The maximum civil penalties for vio- into account, with the primary goal of wide. Much of this fuel is likely to be lating hazmat laws regarding radio- increasing the safety and security of transported through my own State of active materials are increased from these materials during their transpor- Illinois, right through the center of $25,000 to $100,000. tation to Yucca Mountain. I appreciate Chicago and Springfield, our State cap- As a means of involving the public in the assistance that these groups have itol. I want to be certain that its trans- these decisions affecting safety and se- provided. I remain open to their fur- port does not endanger my constitu- curity, the bill establishes a public out- ther input and look forward to working ents in any way. The Department of reach program to protect public health with them to enact this critical legis- Energy ranks Illinois seventh in truck and safety. The program will be devel- lation. shipments under what is called the oped by FEMA in coordination with ‘‘mostly truck scenario,’’ and sixth in other agencies. In addition, the bill re- Mr. NELSON. Mr. President, I am rail shipments in the ‘‘mostly rail sce- quires the EPA and the Centers for Dis- pleased to join my colleagues, Senator nario.’’ Nearly half of Illinois’ elec- ease Control and Prevention to conduct DURBIN, Senator EDWARDS and Senator tricity is generated from nuclear a study and report to Congress regard- CLELAND in introducing the Nuclear power. With seven nuclear power plants ing the effects on public health of rou- Waste Transportation Security Act. and two nuclear research reactors Illi- tine transportation of nuclear waste Ensuring the safe and secure trans- nois produces more nuclear waste than and accidents involving its transpor- portation of our high-level nuclear any other State and is home to some of tation. The report is due one year after waste across this country is of para- the busiest transportation corridors in the date of enactment. mount importance. The greatest con- the Nation. The safety of Illinoisans is Especially important to my legisla- cern I had voting for the Yucca Moun- at stake. These stakes are too high for tion is the establishment of require- tain Resolution was the safe transpor- us to gamble. Safety must be a top pri- ments for casks. Also known as pack- tation of our waste to Yucca. ority. ages, these casks contain the spent nu- This piece of legislation is the first To ensure this safety, my bill re- clear fuel that is being shipped. The step in what I see as Congress’ ongoing quires that the DOT consult with State bill requires the Nuclear Regulatory duty to oversee and evaluate our Na- governments in establishing routes and Commission, which has authority over tion’s transport of nuclear waste. provide 14-days’ notice to governors of the casks, to execute a comprehensive Specifically, this bill directs the De- shipments through their States. The testing program in conjunction with partment of Transportation to develop bill requires dedicated trains for the DOT and DHS, and requires them to and carry out a comprehensive safety waste with trained guards stationed at conduct a survey of potential terrorist program that considers, among other the front and rear ends of each train. and other threats that may be posed to things, terrorist threats. The bill provides the Secretary of casks. The NRC and DOT must jointly State and Federal cooperation is re- Transportation and the Director of certify the safety of the casks, which quired. States must be consulted by Homeland Security with waiver au- must be designed to handle head-on DOT in making routing decisions and thority for national or homeland secu- collisions at any speed at which they notified when shipments are traveling rity. Under my legislation, trains must will be transported, attempted punc- through their State. be equipped with communication sys- ture by armor-piercing ammunition, Dedicated trains, armed escorts and tems providing continuous access to falls of the maximum distance to state of the art communication sys- first responders and must be equipped which the package could fall on likely tems must be employed. with the best available technology, in- routes, submersion in water to the Full-scale testing of casks to with- cluding appropriate health monitoring maximum depth to which the package stand the maximum temperature, systems. Finally, to ensure the safe could be submerged, continuous expo- water depth and piercing likely to be transportation of passengers and ship- sure to the maximum temperature to encountered must also be carried out.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.090 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11083 The EPA and CDC must conduct a cation Act, HEA. These five bills em- This bill would expand the loan for- study and report to Congress on the ef- phasize a number of issues that are giveness program so that it benefits fects, if any, on public health of rou- vital to higher education, including not just childcare workers, but also tine transportation of nuclear waste teacher quality; loan forgiveness for early childhood educators. This loan and accidents involving the transpor- social workers, family lawyers, and forgiveness program would serve as an tation of nuclear waste. early childhood teachers; and the re- incentive to keep those educators in And, the Federal Emergency Manage- duction of drug use and underage the field for longer periods of time. ment Agency must administer a public drinking at our colleges and univer- Paul Wellstone knew how important outreach program on nuclear waste to sities. early learning programs are in pre- educate the public on appropriate The quality of a student’s education paring our children for kindergarten means of responding to an accident or is the direct result of the quality of and beyond. Research shows that chil- attack involving high-level nuclear that student’s teachers. If we don’t dren who attend quality early waste. have well trained teachers, then future childcare programs when they were Employing the expertise of the DOT, generations of our children will not be three or four years old scored better on NRC, FEMA, EPA and CDC to protect well educated. That is why I am intro- math, language arts, and social skills the American people from any poten- ducing a bill that would provide $200 in early elementary school than chil- tial danger posed by nuclear waste million in grants to our schools of edu- dren who attended poor quality transport is the aim and goal of this cation to partner with local schools to childcare programs. In short, children legislation and I hope my colleagues ensure that our teachers are receiving in early learning programs with high will support it. the best, most, extensive training quality teachers, teachers with a bach- The first shipments of nuclear waste available before they enter the class- elor’s degree or an associate’s degree or to Yucca Mountain will not take place room. higher, do substantially better. until 2010. We need to use the time be- The Secretary of Education’s annual When we examine the number and re- tween now and then to ensure that the report on teacher quality reported that cent growth of pre-primary education transportation system that will carry a majority of graduates of schools of programs, it becomes difficult to dif- this waste is a safe as it can possibly education believe that the traditional ferentiate between early education and be. teacher preparation program left them childcare settings because they are so ill prepared for the challenges and rig- often intertwined, especially consid- By Mr. DEWINE: ors of the classroom. Part of the re- ering that 11.9 million children young- S. 3163. A bill to establish a grant sponsibility for this lies in the hands of er than age five spend part of their program to enable institutions of high- our schools of education. However, time with a care provider other than a er education to improve schools of edu- Congress also has a responsibility to parent and demand for quality cation; to the Committee on Health, give our schools of education the tools childcare and education is growing as Education, Labor, and Pensions. they need to make necessary improve- more mothers enter the workforce. By Mr. DEWINE: ments. This new bill would create a Because the bill targets loan forgive- S. 3164. A bill to amend the Higher competitive grant program for schools ness to those educators working in low- Education Act of 1965 to improve the of education, which partner with low income schools or childcare settings, loan forgiveness program for child care income schools to create clinical pro- we can make significant strides toward providers, including preschool teach- grams to train teachers. Additionally, providing high quality education for all ers, and for other purposes; to the Com- it would require schools of education to of our young children, regardless of so- mittee on Health, Education, Labor, make internal changes by working cioeconomic status. The bill would and Pensions. with other departments at the univer- serve a two-fold function. First, it By Mr. DEWINE (for himself and sity to ensure that teachers are receiv- would reward professionals for their Mr. ROCKEFELLER): ing the highest quality education in training. Second, it would encourage S. 3165. A bill to provide loan forgive- core academic subjects. Finally, it professionals to remain in the profes- ness to social workers who work for would require the college or university sion over longer periods of time, since child protective agencies; to the Com- to demonstrate a commitment to im- more time in the profession leads to mittee on Health, Education, Labor, proving their schools of education by higher percentages of loans forgive- and Pensions. providing matching funds. ness. The bill would result in more edu- By Mr. DEWINE (for himself and Another complex issue affecting the cated individuals with more teaching Mr. ROCKEFELLER): teaching force is the high percentage of experience and lower turnover rates, S. 3166. A bill to amend the Higher disillusioned beginning teachers who each of which enhances student per- Education Act of 1965 to provide loan leave the field. Our bill would help formance. forgiveness for attorneys who represent combat this issue, as well. Schools of I encourage my colleagues to join me low-income families or individuals in- education receiving these grants would in this effort to ensure that truly no volved in the family or domestic rela- be responsible for following their grad- children, especially our youngest chil- tions court systems; to the Committee uates and continuing to provide dren, are left behind. on Health, Education, Labor, and Pen- assistance after they enter the class- I also am working on two bills with sions. room. The more we invest in the edu- my friend and colleagues from West By Mr. DEWINE (for himself and cation of teachcers especially once Virginia, Senator JAY ROCKEFELLER. Mr. LIEBERMAN): they have entered the profession the These bills would provide loan forgive- S. 3167. A bill to provide grants to more likely they will remain in the ness to students who dedicate their ca- States and outlying areas to encourage classroom. reers to working in the realm of child the States and outlying areas to en- Today, I also would like to reintro- welfare, including social workers, who hance existing or establish new state- duce the Early Care and Education work for child protective services, and wide coalitions among institutions of Loan Forgiveness Act that Senator family law experts. higher education, communities around Wellstone and I had included in the Currently, there aren’t enough social the institutions, and other relevant or- last higher education reauthorization workers to fill available jobs in child ganization or groups, including anti- bill. We had been working on this legis- welfare today. Furthermore, the num- drug or anti-alcohol coalitions, to relation together before Paul’s tragic ber of social work job openings is ex- duce underage drinking and illicit death. I know he cared deeply about pected to increase faster than the aver- drug-use by students, both on and off this issue and about making sure that age for all occupations through 2010. campus; to the Committee on Health, all children receive a quality edu- The need for highly qualified social Education, Labor, and Pensions. cation. He was passionate about that. workers in the child protective services Mr. DEWINE. Mr. President, I join And, in his memory, I would like to re- is reaching crisis level. several of my colleagues today to in- name our bill the ‘‘Paul Wellstone We also need more qualified individ- troduce a series of bills related to the Early Educator Loan Forgiveness uals focusing on family law. The won- reauthorization of the Higher Edu- Act.’’ derful thing about family law is its

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.092 S14PT2 S11084 CONGRESSIONAL RECORD — SENATE November 14, 2002 focus on rehabilitation, that is the re- of alcohol and drug abuse on our Na- most of these arrangements in the habilitation of families by helping tion’s college campuses. They work hands of funeral service providers, them through life’s transitions, wheth- with the surrounding communities, in- turning to them to ensure that our er it is a family going through a di- cluding local residents, bar, restaurant loved ones are cared for and treated vorce, a family dealing with their trou- and shop owners, and law enforcement with respect and dignity after their bled teenager in the juvenile system, or officials, toward a goal of changing the passing. a child getting adopted and becoming a pervasive culture of drug and alcohol We place a great deal of trust in fu- member of a new family. abuse. They provide alternative alco- neral service providers. A funeral, after Across the United States, family, ju- hol-free events, as well as support all, represents one of the largest pur- venile, and domestic relations courts groups for those who choose not to chases many consumers will ever are experiencing a shortage of qualified drink. They also educate students make, just behind a home, college edu- attorneys. As many of my colleagues about the dangers of alcohol and drug- cation, and a car. However, unlike and I know, law school is an expensive use. these transactions, the purchase of fu- investment. In the last 20 years, tui- Furthermore, the coalitions recog- neral services is most often done under tion has increased more than 200 per- nize that while it is important to pro- intense emotional duress, with very lit- cent. Currently, the average rate of law mote an alcohol aware and drug-free tle time to spare, and without the ben- school debt is about $80,000 per grad- campus community, if the community efit of the type of consumer informa- uate. To be sure, few law school grad- surrounding the campus does not pro- tion generally available when making uates can afford to work in the public mote these initiatives, there will be no such a large purchase. As a result, we sector because debts prevent even the long-term solutions. Therefore, these trust funeral service providers to give us fair prices, to represent goods and most dedicated public service lawyer coalitions also have worked to estab- services accurately, and to not take ad- from being able to take these low-pay- lish regulations both on and off cam- vantage of us during our moments of ing jobs. This results in a shortage of pus, which will help our nation’s youth greatest grief and vulnerability. family lawyers. to stay healthy, alive, and get the most For the most part, this trust is well The shortage of family law attorneys out of their time at college. Some of deserved. I have no doubt, that the ma- also disproportionately impacts juve- these regulations include the registra- jority of individuals working in the fu- niles. The lack of available representation of kegs. This provides account- neral industry are good men and tion causes children to spend more ability for both the store and the stu- women who practice their profession time in foster care because cases are dent. This is just an example of one with the honor and gravity it demands. adjourned or postponed when they sim- step that colleges, local communities, However, recent revelations of abuses ply cannot find an attorney to rep- and organizations can take. in the industry have shown us that not resent their rights or those of the par- To help start the expansion of these all members of the death care industry ent or guardian. Furthermore, the coalitions, our bill would provide $50 are honest and upstanding. We all re- number of children involved in the million dollars in grants. This is an im- member hearing, earlier this year of court system is sharply increasing. We portant demonstration project that the discovery of over 200 bodies strewn need to make sure the interests of would help lead to positive effects for in the woods near a crematorium in these children are taken care of by our young people. It is up to us to Noble, GA. There is also recent evi- making sure they have an advocate, change the culture, which has been per- dence of desecration of graves and re- someone working solely on their be- petuated by years of complacency and mains at cemeteries in Florida, Cali- half. a dismissal tone of ‘‘that’s just the way fornia, Hawaii, and my own State of By offering loan forgiveness to those it is in college.’’ We must protect the Connecticut. These incidents, as well willing to purpose careers in the child health and education of our young peo- as developments in the funeral indus- welfare field, we can increase the num- ple by changing this culture of abuse— try as a whole, compel us to reexamine ber of highly qualified and dedicate in- and that is exactly what this bill would the regulatory structure we currently dividuals who work in the realm of do. have in place for this industry. child welfare and family law. Next year when we consider the reau- Currently, the death care industry is Finally, I am introducing a bill today thorization of the Higher Education regulated by a patchwork of State and with my friend and colleague from Con- Act, I encourage my colleagues to join local laws. These regulations may have necticut, Senator LIEBERMAN, that in support of these initiatives. been sufficient years ago, but the char- would help address an epidemic, the acter of the industry has changed sub- epidemic of underage drinking, binge By Mr. DODD: stantially since many of these laws drinking, and drug-related problems on S. 3168. A bill to improve funeral were passed. The industry has become college and university campuses across home, cemetery, and crematory inspec- surprisingly large and diverse. Today, the United States. Our bill would pro- tions systems to establish consumer the death care industry generates an- vide grants to states to establish state- protections relating to funeral service nual revenues of over $15 billion and wide partnerships among colleges and contracts, and for other purposes; to employ over 104,000 Americans. The universities and the surrounding com- the Committee on Commerce, Science, 1990s saw the rise of multi-state munities to work together to reduce and Transportation. ‘‘consolidators’’ who purchased local underage and binge drinking and illicit Mr. DODD. Mr. President, I rise funeral homes across the country. Even drug use by students. today to introduce the Federal Death for small local firms, the business has According to a study by Boston Uni- Care Inspection and Disclosure Act of become increasingly complex. As more versity, over 1,400 students aged 18–24 2002, a bill which I believe will go a and more Americans travel and live in died in 1998 from alcohol-related inju- long way in restoring the trust that places far from where they were born, ries, more than 600,000 students were Americans place in the funeral and the industry has become one that fre- assaulted by another student, and an- death care industries. quently does business across State and other 500,000 were unintentionally in- None of us like to think about death county lines. jured while under the influence of alco- and dying. It is a painful and uncom- There have also been changes in hol. According to a 1999 Harvard Uni- fortable subject, and most Americans, Americans’ cultural expectations of fu- versity study, 40 percent of college stu- understandably, choose not to confront neral services. For example, the per- dents are binge drinkers and according matters related to the death of a loved centage of cremations has risen from 5 to the Department of Health and one until the death actually occurs. percent in the 1970s to 25 percent Human Services, nearly 10.5 million And when a loved one does pass on, we today. However, only 12 States have current drinkers were under the legal turn to our friends and family to substantive laws which cover crema- age of 21, and of these, over 5 million grieve. Certainly, the last thing anyone tion. In fact, in the case in Georgia I were binge drinkers. wants to do at such a painful time is to mentioned earlier, the crematorium in Currently, 28 States, including my spend hours or days negotiating or question was statutorily exempt from home State of Ohio, have coalitions shopping for a funeral, casket, or other inspection, allowing the abuses to con- that deal specifically with the culture goods and services. Instead, we leave tinue undiscovered.

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.085 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11085 The only significant Federal regula- Education is an issue which many makes our military stronger when we tion of the industry exists in the Fed- Senators on both sides of the aisle have provide good, quality-of-life initiatives eral Trade Commission’s Funeral Rule, worked very hard to improve in every for their families at home. One of the promulgated nearly 20 years ago. State in our union. This bill, however, ways we can do that is by improving Again, this rule has not kept up with is unique in that it strives to increase the schools for military dependents. the nature of the industry. Perhaps the quality of education for hundreds There are over 800,000 children who are most importantly, the rule does not of thousands of our children of mem- military dependents out of an overall cover numerous sectors of the industry bers of the Armed Services by catering force strength of 1.4 million adults con- such as cemeteries, crematories, and to their specific needs and frequent nected to the military. Many of them casket makers. It also does not effec- moves. are school-age children. Because of the tively regulate prepaid funeral con- Let me begin by expressing my specific demands of our military, which tracts, which have become an increas- thanks to most members of this body are very unlike the civilian sector, ingly popular option in recent years. for always working diligently to intro- many move every 2 years. Some mili- Earlier this year, I chaired a hearing duce and pass great initiatives for edu- tary members move from the east of the Subcommittee on Children and cation. I firmly believe that we, at this coast to the west coast, moving fami- Families in which we examined devel- juncture in our Nation’s great history, lies with them. it is very difficult pro- opments in the industry and how they have continued to bring family issues, viding an excellent education gen- have impacted American families. such as education and the economy to erally, and yet the military has even Since that hearing, I have worked with the forefront of our discussion. Fur- more challenges. both consumer and industry groups to ther, amid our continued discussion of What is the solution? I offer this bill craft legislation to protect Americans the possibility of sending our military to strengthen our military schools in from potential abuse by funeral service men and women into harm’s way in the United States in a creative way. providers. The Federal Death Care In- Iraq, there is no better time to con- This bill will set up the a pilot program spection and Disclosure Act of 2002 centrate on their children, children to help create military charter schools would provide Federal funding to allow who have the added burden of worrying around the Nation in partnership with States to hire and train inspectors and about a deployed parent, or who must local public school systems to provide give consumers the right to legal ac- move to a new school many times as an opportunity not only for our mili- tion against those who violate regu- their parent or parents move to new as- tary dependents, but this framework latory standards. In order to be eligible signments around the country. will also help communities who have a for funding, states would have to ad- This bill, I am proposing, will provide large military presence. The benefit here to standards which are outlined in Stable Transitions I Education for our overall is that the community gets a the legislation. The act would also cod- Active Duty Youth. It is called the better school, a school that has the op- ify and strengthen the existing FTC STEADY Act and is the first step to a portunity to provide an excellent edu- regulations governing licensing and smoother educational career for mili- cation, while being extremely flexible registration, recordkeeping, inspec- tary dependent children. to accommodate the unique needs of a tion, resolution of consumer com- When I last spoke of this bill, I said military dependent student. plaints, and enforcement of State laws that we in ‘‘Congress are becoming The second benefit is that it gives in the industry. It would clarify regula- wiser and wiser on the issue of edu- children whose families might not have tions to prevent deceptive trade prac- cation’’ by recognizing that our future any connection to the military, an in- tices in the industry and ensure that and our economy depend on the edu- troduction into who military people consumers can make informed deci- cation of our children. and what military life can be like. sions as they make funeral arrange- It truly is an issue of strengthening This is a partnership. It is a pilot ments. Finally, the FTC rules would be our Nation. We cannot have an eco- program that will help establish char- expanded to cover all segments of the nomically strong and militarily secure ter schools, will give important consid- death care industry. Nation moving in a progressive way eration to military children as they I am aware that as we are in the clos- without an excellent school system. No move from community to community, ing days of this Congress, the Senate matter where a child is born, rural or and will create for the first time what will not have the opportunity to con- urban, on the east coast or west coast, we call an academic passport. sider this legislation this year. How- if we do not do a better job as a Nation An academic passport will help to ever, I would like to take this oppor- of giving our children a quality edu- stabilize and standardize the cur- tunity to raise this issue with col- cation, the future of our Nation will riculum without micromanaging, with- leagues today in the hope that we will not be as bright, and it could put us in out dictating what the curriculum be able to move on this issue when we jeopardy. should be. It sets up a new approach or reconvene for the 108th Congress. This I also make the argument that for a new framework for our local elemen- legislation is bipartisan. A House com- our military, the same holds true. it is tary and secondary schools throughout panion bill is being sponsored by Rep- not just about providing our military the country to set up a standardized resentative FOLEY of Florida. He has with the most extraordinary weapons. curriculum to address the vast peaks been a leader in the effort to ensure it is not just about training our mili- and valleys encountered by military that dignity and respect prevail in all tary men and women tot he highest dependent students as they move from aspects of death care services. I look levels. It is not just providing them the one district to another. To illustrate: forward to working with him and all of basics. one school district might require 3 our colleagues in the 108th Congress to We have an obligation to recognize years of a foreign language or 2 years advance this same worthy objective. that when our men and women sign up of algebra or 1 year of algebra, or a By Ms. LANDRIEU: to be in our military, they have will- whole different curriculum. That is S. 3169. A bill to provide for military ingly made sacrifices, but their fami- part of this bill. It is something about charters between military installations lies’ quality of life should not be one of which military families feel very and local school districts, to provide those sacrifices. We need to provide strongly. I hope that with this new credit enhancement initiatives to pro- them, between the Department of De- pilot program to help create charter mote military charter school facility fense and the Department of Edu- schools with a new academic passport, acquisition, construction, and renova- cation, a quality education for their we can begin to focus some of our re- tion, and for other purposed; to the children. sources, again, not all within the De- committee on Health, Education, When we send our soldiers into bat- partment of Defense; some of this is Labor, and Pensions. tle, we want them focused on the battle within the jurisdiction of the Depart- Ms. LANDRIEU. Mr. President, I rise and mission at hand. We do not want ment of Education, to create some- to offer a bill which addresses a grow- them worried, as they naturally would thing exciting and wonderful for these ing population who seek a distinct sup- be, about spouses and dependents at 800,000 children. portive voice: our military dependent home, about their happiness, about Madam President, 600,000 of these children. their comfort, about their security. It children are in public schools today, at

VerDate 0ct 31 2002 04:21 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.079 S14PT2 S11086 CONGRESSIONAL RECORD — SENATE November 14, 2002 great stress to those public districts; around this Nation to serve both our have played that long without having 100,000 of these children are either in military and our nonmilitary families reached the postseason; private schools or are home schooled; and do a great job for our Defense De- Whereas the spirit of Gene Autry, the and only 32,000 of the 800,000 are in De- partment and a great job for our coun- ‘‘Singing Cowboy’’ and former owner of the Angels, was undoubtedly ever-present with partment of Defense schools. These try. That is what this bill would ac- the Anaheim players throughout the series schools are concentrated in a few complish: again, it sets up a pilot pro- as he was an inspirational force to all who States. There are only 32,000 children, gram to establish military charter played for him and knew of his legacy; as I said, of 800,000 dependents in schools in the neediest areas of the Na- Whereas the Anaheim Angels battled an- DDESS schools in New York, Ken- tion. I would hope that it would be met other California team deserving of acknowl- tucky, Virginia, North Carolina, South with enthusiasm from my colleagues edgement: the San Francisco Giants; Carolina, Georgia, and Alabama. who consistently support good edu- Whereas the San Francisco Giants were a As my colleagues can see, dependent cation initiatives, and from all of us worthy rival for the Anaheim Angels and set children of military personnel are in the stage for an exciting and suspenseful who know the value of military service World Series that was watched with great in- public schools throughout the country. to our great Nation. terest by many Californians; Sometimes they are good public ‘‘Every few years you make new Whereas the Anaheim Angels epitomize schools; sometimes they are not so friends, Then you’re gone. You do it all California pride with their incredible focus, good. We are working hard to make the time. I keep in touch. My best dedication to winning, team cohesiveness, every public school excellent, but I friend and I email, and write back and and devotion to playing America’s pastime think we have a special obligation to forth.’’—Military dependent student. with class, athleticism, and enthusiasm; and our military families to make sure Whereas the Anaheim Angels demonstrate that those children, with the added By Mr. DASCHLE (for himself the rewards of perseverance, discipline, teamwork, and championship as they pre- burdens they face, are getting an excel- and Mr. LOTT): S.J. Res. 53. A joint resolution rel- pare to defend their title of World Cham- lent education. pions: Now, therefore, be it If you look at the general population, ative to the convening of the first ses- Resolved, That the Senate congratulates non-officers in our military, 91.5 per- sion of the One Hundred Eighth Con- the Anaheim Angels on winning the 2002 cent have a high school degree or GED, gress; considered and passed. Major League Baseball World Series title. 91 percent. In our general population, S.J. RES. 53 it is about 80 percent. This is a very Resolved by the Senate and House of Rep- SENATE RESOLUTION 356—PAYING upwardly mobile group of Americans. resentatives of the United States of America in A GRATUITY TO TRUDY LAPIC Theses are men and women with great Congress assembled, That the first regular session of the One Hundred Eighth Congress Mr. DAYTON submitted the fol- discipline, great patriotism, great com- lowing resolution; which was consid- mitment to the Nation. Obviously, shall begin at noon on Tuesday, January 7, 2003. ered and agreed to: they are serving their country, but S. RES. 356 they are committed to their families, f their communities, and their edu- SUBMITTED RESOLUTIONS Resolved, That the Secretary of the Senate is authorized and directed to pay, from ap- cation. propriations under the subheading As one can see, the officers exceed SENATE RESOLUTION 357—COM- ‘‘MISCELLANEOUS ITEMS’’ under the heading the general population at large. Almost ‘‘CONTINGENT EXPENSES OF THE SENATE’’, to 40 percent have advanced degrees; 99 MENDING AND CONGRATU- Trudy Lapic, widow of Thomas Lapic, a loyal percent or more have bachelor degrees. LATING THE ANAHEIM ANGELS employee of the Senate for 9 years, a sum This is also a very upwardly mobile FOR THEIR REMARKABLE SPIR- equal to 8 months of compensation at the population. If we can provide excellent IT, RESILIENCE, AND ATHLETIC rate Thomas Lapic was receiving by law dur- schools and opportunities for the chil- DISCIPLINE IN WINNING THE 2002 ing the last month of his Senate service, dren of this 91 percent, I think we will WORLD SERIES that sum to be considered inclusive of funeral expenses and all other allowances. be doing a very good job in helping to Mrs. FEINSTEIN (for herself and f strengthen our military but also help- Mrs. BOXER) submitted the following ing our country be a better place. It is resolution; which was considered and AMENDMENTS SUBMITTED & truly something on which we should agreed to: PROPOSED focus more. S. RES. 357 SA 4906. Mr. DURBIN submitted an amend- In conclusion, let me tell you of a Whereas the Anaheim Angels have won the ment intended to be proposed to amendment school of which I am very proud. It first World Championship in the 42 year his- SA 4902 proposed by Mr. LIEBERMAN (for him- might be one of the first military char- tory of the franchise; self, Mr. MCCAIN, and Mr. NELSON of Ne- ters, if not the first, in the Nation. Whereas the Anaheim Angels completed braska) to the amendment SA 4901 proposed This is a school which opened in Sep- their best season in franchise history with 99 by Mr. THOMPSON (for Mr. GRAMM (for him- tember and is an even larger success wins, staging one of the most significant self, Mr. MILLER, Mr. THOMPSON, Mr. than we anticipated. This is a state-of- team improvements in Major League Base- BARKLEY, and Mr. VOINOVICH)) to the bill the-art, brand new charter school in ball since the 2001 season; H.R. 5005, to establish the Department of Whereas the 2002 World Series was the Homeland Security, and for other purposes. Plaquemines Parish, which serves the Anaheim Angels’ first appearance in the Fall SA 4907. Mr. DURBIN submitted an amend- military and civilian community there. Classic; ment intended to be proposed to amendment It has alleviated a huge burden on the Whereas the Anaheim Angels have fielded SA 4901 proposed by Mr. THOMPSON (for Mr. local school district, and is ready for such superstars as Nolan Ryan, Rod Carew, GRAMM (for himself, Mr. MILLER, Mr. its first expansion. Bobby Grich, Reggie Jackson, Jim Abbott, THOMPSON, Mr. BARKLEY, and Mr. I think we can work all day long on Wally Joyner, Brian Downing, Jim Edmonds, VOINOVICH)) to the bill H.R. 5005, supra; pay raises, on building more ships, on Gary DiSarcina, and now Troy Percival, which was ordered to lie on the table. buying more tanks, and on building a Jarrod Washburn, Garret Anderson, Troy SA 4908. Mr. ENZI submitted an amend- stronger Air Force, but truly I think Glaus, and Tim Salmon; ment intended to be proposed to amendment Whereas third baseman Troy Glaus re- SA 4901 proposed by Mr. THOMPSON (for Mr. focusing on educational opportunities ceived the World Series Most Valuable Play- GRAMM (for himself, Mr. MILLER, Mr. for military dependent children, will er Award for his stellar defensive plays, .385 THOMPSON, Mr. BARKLEY, and Mr. help us build morale, help us improve batting average, and 3 home runs during the VOINOVICH)) to the bill H.R. 5005, supra; retention, will help us strengthen our series; which was ordered to lie on the table. military in the intermediate and the Whereas pitcher Francisco Rodriguez be- SA 4909. Mr. LIEBERMAN submitted an long term, and it is something that, came the youngest pitcher to win a World amendment intended to be proposed to with a little creativity, a little bit of Series game and tied the postseason record amendment SA 4901 proposed by Mr. thinking outside of the box, I am con- for games won with 5 outstanding wins; THOMPSON (for Mr. GRAMM (for himself, Mr. Whereas Manager Mike Scioscia won his MILLER, Mr. THOMPSON, Mr. BARKLEY, and vinced we could finance the construc- first World Series title as a manager; Mr. VOINOVICH)) to the bill H.R. 5005, supra; tion of these schools through means Whereas Tim Salmon made his first playoff which was ordered to lie on the table. laid out in the bill, and end up coming appearance in 10 seasons as a major league SA 4910. Mr. LIEBERMAN submitted an out with some excellent facilities baseball player, the only current player to amendment intended to be proposed to

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amendment SA 4901 proposed by Mr. H.R. 5005, supra; which was ordered to lie on SA 4901 proposed by Mr. THOMPSON (for Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. the table. GRAMM (for himself, Mr. MILLER, Mr. MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4923. Mr. JEFFORDS submitted an THOMPSON, Mr. BARKLEY, and Mr. Mr. VOINOVICH)) to the bill H.R. 5005, supra; amendment intended to be proposed to VOINOVICH)) to the bill H.R. 5005, supra; which was ordered to lie on the table. amendment SA 4901 proposed by Mr. which was ordered to lie on the table. SA 4911. Mr. LIEBERMAN submitted an THOMPSON (for Mr. GRAMM (for himself, Mr. SA 4936. Mr. SPECTER submitted an amendment intended to be proposed to THOMPSON, Mr. BARKLEY, AND MR. amendment intended to be proposed to amendment SA 4901 proposed by Mr. VOINOVICH)) to the bill H.R. 5005, supra; amendment SA 4901 proposed by Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. THOMPSON (for Mr. GRAMM (for himself, Mr. MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4924. Mr. JEFFORDS submitted an MILLER, Mr. THOMPSON, Mr. BARKLEY, and Mr. VOINOVICH)) to the bill H.R. 5005, supra; amendment intended to be proposed to Mr. VOINOVICH)) to the bill H.R. 5005, supra; which was ordered to lie on the table. amendment SA 4901 proposed by Mr. which was ordered to lie on the table. SA 4912. Mr. LIEBERMAN submitted an THOMPSON (for Mr. GRAMM (for himself, Mr. SA 4937. Mr. BYRD submitted an amend- amendment intended to be proposed to THOMPSON, Mr. BARKLEY, and Mr. ment intended to be proposed to amendment amendment SA 4901 proposed by Mr. VOINOVICH)) to the bill H.R. 5005, supra; SA 4901 proposed by Mr. THOMPSON (for Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. GRAMM (for himself, Mr. MILLER, Mr. MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4925. Mr. JEFFORDS submitted an THOMPSON, Mr. BARKLEY, and Mr. Mr. VOINOVICH)) to the bill H.R. 5005, supra; amendment intended to be proposed to VOINOVICH)) to the bill H.R. 5005, supra; which was ordered to lie on the table. amendment SA 4901 proposed by Mr. which was ordered to lie on the table. SA 4913. Mr. LIEBERMAN submitted an THOMPSON (for Mr. GRAMM (for himself, Mr. SA 4938. Mr. BYRD submitted an amend- amendment intended to be proposed to THOMPSON, Mr. BARKLEY, and Mr. ment intended to be proposed to amendment amendment SA 4901 proposed by Mr. VOINOVICH)) to the bill H.R. 5005, supra; SA 4901 proposed by Mr. THOMPSON (for Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. GRAMM (for himself, Mr. MILLER, Mr. HOMPSON ARKLEY MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4926. Mr. CORZINE (for himself and Mr. T , Mr. B , and Mr. VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; JEFFORDS) submitted an amendment in- which was ordered to lie on the table. tended to be proposed to amendment SA 4901 which was ordered to lie on the table. SA 4939. Mr. BYRD submitted an amend- SA 4914. Mr. LIEBERMAN submitted an proposed by Mr. THOMPSON (for Mr. GRAMM ment intended to be proposed to amendment amendment intended to be proposed to (for himself, Mr. THOMPSON, Mr. BARKLEY, SA 4901 proposed by Mr. THOMPSON (for Mr. amendment SA 4901 proposed by Mr. and Mr. VOINOVICH)) to the bill H.R. 5005, GRAMM (for himself, Mr. MILLER, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. supra; which was ordered to lie on the table. THOMPSON, Mr. BARKLEY, and Mr. MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4927. Mr. SCHUMER submitted an VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; amendment intended to be proposed to which was ordered to lie on the table. amendment SA 4901 proposed by Mr. which was ordered to lie on the table. SA 4940. Mr. DODD submitted an amend- SA 4915. Mr. LIEBERMAN submitted an THOMPSON (for Mr. GRAMM (for himself, Mr. ment intended to be proposed to amendment amendment intended to be proposed to THOMPSON, Mr. BARKLEY, and Mr. SA 4901 proposed by Mr. THOMPSON (for Mr. amendment SA 4901 proposed by Mr. VOINOVICH)) to the bill H.R. 5005, supra; GRAMM (for himself, Mr. MILLER, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. THOMPSON, Mr. BARKLEY, and Mr. MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4928. Mr. LEVIN submitted an amend- VOINOVICH)) to the bill H.R. 5005, supra; ment intended to be proposed to amendment Mr. VOINOVICH)) to the bill H.R. 5005, supra; which was ordered to lie on the table. which was ordered to lie on the table. SA 4901 proposed by Mr. THOMPSON (for Mr. SA 4941. Mr. LIEBERMAN submitted an SA 4916. Mr. LIEBERMAN submitted an GRAMM (for himself, Mr. MILLER, Mr. amendment intended to be proposed to amendment intended to be proposed to THOMPSON, Mr. BARKLEY, and Mr. amendment SA 4901 proposed by Mr. amendment SA 4901 proposed by Mr. VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. MILLER, Mr. THOMPSON, Mr. BARKLEY, and MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4929. Mr. REID submitted an amend- Mr. VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; ment intended to be proposed to amendment which was ordered to lie on the table. which was ordered to lie on the table. SA 4901 proposed by Mr. THOMPSON (for Mr. SA 4942. Mr. BINGAMAN submitted an SA 4917. Mr. LIEBERMAN submitted an GRAMM (for himself, Mr. MILLER Mr. amendment intended to be proposed to amendment intended to be proposed to THOMPSON, Mr. BARKLEY, and Mr. amendment SA 4901 proposed by Mr. amendment SA 4901 proposed by Mr. VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. MILLER, Mr. THOMPSON, Mr. BARKLEY, and MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4930. Mr. LIEBERMAN submitted an Mr. VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; amendment intended to be proposed to which was ordered to lie on the table. which was ordered to lie on the table. amendment SA 4901 proposed by Mr. SA 4943. Mr. BINGAMAN submitted an SA 4918. Mr. LIEBERMAN submitted an THOMPSON (for Mr. GRAMM (for himself, Mr. amendment intended to be proposed to amendment intended to be proposed to MILLER, Mr. THOMPSON, Mr. BARKLEY, and amendment SA 4901 proposed by Mr. amendment SA 4901 proposed by Mr. Mr. VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. MILLER, Mr. THOMPSON, Mr. BARKLEY, and MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4931. Mr. LIEBERMAN submitted an Mr. VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; amendment intended to be proposed to which was ordered to lie on the table. which was ordered to lie on the table. amendment SA 4901 proposed by Mr. SA 4944. Mr. BINGAMAN submitted an SA 4919. Mr. LIEBERMAN submitted an THOMPSON (for Mr. GRAMM (for himself, Mr. amendment intended to be proposed to amendment intended to be proposed to MILLER, Mr. THOMPSON, Mr. BARKLEY, and amendment SA 4901 proposed by Mr. amendment SA 4901 proposed by Mr. Mr. VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. MILLER, Mr. THOMPSON, Mr. BARKLEY, and MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4932. Mr. BYRD submitted an amend- Mr. VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; ment intended to be proposed to amendment which was ordered to lie on the table. which was ordered to lie on the table. SA 4901 proposed by Mr. THOMPSON (for Mr. SA 4945. Mr. BINGAMAN submitted an SA 4920. Mr. SPECTER submitted an GRAMM (for himself, Mr. MILLER, Mr. amendment intended to be proposed to amendment intended to be proposed to THOMPSON, Mr. BARKLEY, and Mr. amendment SA 4901 proposed by Mr. amendment SA 4901 proposed by Mr. VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. MILLER, Mr. THOMPSON, Mr. BARKLEY, and MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4933. Mr. BYRD submitted an amend- Mr. VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; ment intended to be proposed to amendment which was ordered to lie on the table. which was ordered to lie on the table. SA 4901 proposed by Mr. THOMPSON (for Mr. SA 4946. Mr. BINGAMAN submitted an SA 4921. Mr. SPECTER submitted an GRAMM (for himself, Mr. MILLER, Mr. amendment intended to be proposed to amendment intended to be proposed to MILLER, Mr. THOMPSON, Mr. BARKLEY, and amendment SA 4901 proposed by Mr. amendment SA 4901 proposed by Mr. Mr. VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, Mr. THOMPSON (for Mr. GRAMM (for himself, Mr. which was ordered to lie on the table. MILLER, Mr. THOMPSON, Mr. BARKLEY, and MILLER, Mr. THOMPSON, Mr. BARKLEY, and SA 4934. Mr. BYRD submitted an amend- Mr. VOINOVICH)) to the bill H.R. 5005, supra; Mr. VOINOVICH)) to the bill H.R. 5005, supra; ment intended to be proposed to amendment which was ordered to lie on the table. which was ordered to lie on the table. SA 4901 proposed by Mr. THOMPSON (for Mr. SA 4947. Mr. BINGAMAN submitted an SA 4922. Mr. JEFFORDS (for himself and GRAMM (for himself, Mr. MILLER, Mr. amendment intended to be proposed to Mr. LEAHY) submitted an amendment in- THOMPSON, Mr. BARKLEY, and Mr. amendment SA 4901 proposed by Mr. tended to be proposed to amendment SA 4901 VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, Mr. proposed by Mr. THOMPSON (for Mr. GRAMM which was ordered to lie on the table. MILLER, Mr. THOMPSON, Mr. BARKLEY, and (for himself, Mr. MILLER, Mr. THOMPSON, Mr. SA 4935. Mr. BYRD submitted an amend- Mr. VOINOVICH)) to the bill H.R. 5005, supra; BARKLEY, and Mr. VOINOVICH)) to the bill ment intended to be proposed to amendment which was ordered to lie on the table.

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.098 S14PT2 S11088 CONGRESSIONAL RECORD — SENATE November 14, 2002 SA 4948. Mr. KENNEDY submitted an ments to members of the uniformed services, sultation with the Secretary and acting amendment intended to be proposed to and for other purposes. under the responsibilities of the Director amendment SA 4901 proposed by Mr. f under law (including the Clinger-Cohen Act THOMPSON (for Mr. GRAMM (for himself, Mr. of 1996), shall— MILLER, Mr. THOMPSON, Mr. BARKLEY, and TEXT OF AMENDMENTS (A) ensure the implementation of the en- Mr. VOINOVICH)) to the bill H.R. 5005, supra; SA 4906. Mr. DURBIN submitted an terprise architecture developed under para- which was ordered to lie on the table. amendment intended to be proposed to graph (1)(A); and SA 4949. Mr. KENNEDY submitted an amendment SA 4902 proposed by Mr. (B) coordinate, oversee, and evaluate the amendment intended to be proposed to management and acquisition of information amendment SA 4901 proposed by Mr. LIEBERMAN (for himself, Mr. MCCAIN, technology by agencies with responsibility THOMPSON (for Mr. GRAMM (for himself, Mr. and Mr. NELSON of Nebraska) to the for homeland security to ensure interoper- MILLER, Mr. THOMPSON, Mr. BARKLEY, and amendment SA 4901 proposed by Mr. ability consistent with the enterprise archi- Mr. VOINOVICH)) to the bill H.R. 5005, supra; THOMPSON (for Mr. GRAMM (for himself, tecture developed under subsection (1)(A). which was ordered to lie on the table. Mr. MILLER, Mr. THOMPSON, Mr. (4) UPDATED VERSIONS.—The Director of the SA 4950. Mr. INOUYE submitted an amend- BARKLEY, and Mr. VOINOVICH)) to the Office of Management and Budget, in con- ment intended to be proposed to amendment bill H.R. 5005, to establish the Depart- sultation with the Secretary, shall oversee SA 4901 proposed by Mr. THOMPSON (for Mr. ment of Homeland Security, and for and ensure the development of updated GRAMM (for himself, Mr. MILLER, Mr. versions of the enterprise architecture and other purposes; as follows: THOMPSON, Mr. BARKLEY, and Mr. plan developed under paragraph (1), as nec- VOINOVICH)) to the bill H.R. 5005, supra; At the appropriate place, insert the fol- essary. which was ordered to lie on the table. lowing: (5) REPORT.—The Director of the Office of SA 4951. Mr. DODD proposed an amend- SEC. ll. INTEROPERABILITY OF INFORMATION Management and Budget, in consultation ment to amendment SA 4902 proposed by Mr. SYSTEMS. with the Secretary, shall annually report to LIEBERMAN (for himself, Mr. MCCAIN, and (a) DEFINITION.—In this section, the term Congress on the development and implemen- Mr. NELSON of Nebraska) to the amendment ‘‘enterprise architecture’’— tation of the enterprise architecture and SA 4901 proposed by Mr. THOMPSON (for Mr. (1) means— plan under paragraph (1). GRAMM (for himself, Mr. MILLER, Mr. (A) a strategic information asset base, (6) CONSULTATION.—The Director of the Of- THOMPSON, Mr. BARKLEY, and Mr. which defines the mission; fice of Management and Budget shall consult VOINOVICH)) to the bill H.R. 5005, supra. (B) the information necessary to perform with information systems management ex- SA 4952. Mr. INOUYE submitted an amend- the mission; perts in the public and private sectors, in the ment intended to be proposed by him to the (C) the technologies necessary to perform development and implementation of the en- bill H.R. 5005, supra; which was ordered to lie the mission; and terprise architecture and plan under para- on the table. (D) the transitional processes for imple- graph (1). SA 4953. Mr. LIEBERMAN submitted an menting new technologies in response to (7) PRINCIPAL OFFICER.—The Director of the amendment intended to be proposed by him changing mission needs; and Office of Management and Budget shall des- to the bill H.R. 5005, supra; which was or- (2) includes— ignate, with the approval of the President, a dered to lie on the table. (A) a baseline architecture; principal officer in the Office of Management SA 4954. Mr. REID (for Ms. CANTWELL (for (B) a target architecture; and and Budget, whose primary responsibility herself, Mr. GRASSLEY, Mr. ENZI, and Mr. (C) a sequencing plan. shall be to carry out the duties of the Direc- KOHL)) proposed an amendment to the bill S. (b) RESPONSIBILITIES OF THE SECRETARY.— tor under this subsection. 1742, to prevent the crime of identity theft, The Secretary shall— (d) AGENCY COOPERATION.—The head of mitigate the harm to individuals victimized (1) endeavor to make the information tech- each agency with responsibility for home- by identity theft, and for other purposes. nology systems of the Department, including land security shall fully cooperate with the SA 4955. Mr. REID (for Mr. HELMS (for him- communications systems, effective, efficient, Director of the Office of Management and self and Mr. LEAHY)) proposed an amendment secure, and appropriately interoperable; Budget in the development of a comprehen- to the bill H.R. 5469, To amend title 17, (2) in furtherance of paragraph (1), oversee sive enterprise architecture for information United States Code, with respect to the stat- and ensure the development and implemen- systems and in the management and acquisi- utory license for webcasting. tation of an enterprise architecture for De- tion of information technology consistent SA 4956. Mr. REID (for Mr. HAGEL (for him- partment-wide information technology, with with the comprehensive enterprise architec- self, Mr. BIDEN, and Mr. HELMS)) proposed an timetables for implementation; ture developed under subsection (c). amendment to the bill S. 2712, to authorize (3) as the Secretary considers necessary, to (e) CONTENT.—The enterprise architecture developed under subsection (c), and the in- economic and democratic development as- oversee and ensure the development and im- formation systems managed and acquired sistance for Afghanistan and to authorize plementation of updated versions of the en- under the enterprise architecture, shall pos- military assistance for Afghanistan and cer- terprise architecture under paragraph (2); sess the characteristics of— tain other foreign countries. and (1) rapid deployment; SA 4957. Mr. REID (for Mr. KERRY (for him- (4) report to Congress on the development (2) a highly secure environment, providing self, Mr. BROWNBACK, and Mr. HOLLINGS)) and implementation of the enterprise archi- data access only to authorized users; and proposed an amendment to the bill S. 2869, to tecture under paragraph (2) in— (3) the capability for continuous system facilitate the ability of certain spectrum (A) each implementation progress report upgrades to benefit from advances in tech- auction winners to pursue alternative meas- required under this Act; and nology while preserving the integrity of ures required in the public interest to meet (B) each biennial report required under stored data. the needs of wireless telecommunications this Act. consumers. (c) RESPONSIBILITIES OF THE DIRECTOR OF SA 4907. Mr. DURBIN submitted an THE OFFICE OF MANAGEMENT AND BUDGET.— SA 4958. Mr. REID (for Mr. KENNEDY (for amendment intended to be proposed to himself, Mr. GREGG, Mr. HOLLINGS, and Mr. (1) IN GENERAL.—The Director of the Office amendment SA 4901 proposed by Mr. FRIST)) proposed an amendment to the bill of Management and Budget, in consultation H.R. 4664, An act to authorize appropriations with the Secretary and affected entities, THOMPSON (for Mr. GRAMM (for himself, for fiscal years 2003, 2004, 2005, 2006, and 2007 shall develop— Mr. MILLER, Mr. THOMPSON, Mr. for the National Science Foundation, and for (A) a comprehensive enterprise architec- BARKLEY, and Mr. VOINOVICH)) to the other purposes. ture for information systems, including com- bill H.R. 5005, to establish the Depart- SA 4959. Mr. REID (for Mr. KENNEDY (for munications systems, to achieve interoper- ment of Homeland Security, and for himself, Mr. GREGG, and Mr. HOLLINGS)) pro- ability between and among information sys- other purposes; which was ordered to posed an amendment to the bill H.R. 4664, tems of agencies with responsibility for lie on the table; as follows: supra. homeland security; and On page 28, line 13, insert ‘‘and in accord- SA 4960. Mrs. CLINTON (for herself, Mr. (B) a plan to achieve interoperability be- ance with an information systems interoper- FITZGERALD, Ms. CANTWELL, and Mr. tween and among information systems, inability architecture or other requirements cluding communications systems, of agen- SPECTER) proposed an amendment to the bill developed by the Office of Management and cies with responsibility for homeland secu- H.R. 3529, to provide tax incentives for eco- Budget,’’ after ‘‘Department,’’. nomic recovery and assistance to displaced rity and those of State and local agencies workers. with responsibility for homeland security. SA 4908. Mr. ENZI submitted an SA 4961. Mr. REID (for Mr. BAUCUS) pro- (2) TIMETABLES.—The Director of the Office amendment intended to be proposed to posed an amendment to the bill H.R. 5557, to of Management and Budget, in consultation amendment SA 4901 proposed by Mr. amend the Internal Revenue Code of 1986 to with the Secretary and affected entities, provide a special rule for members of the shall establish timetables for development THOMPSON (for Mr. GRAMM (for himself, uniformed services and Foreign Service in and implementation of the enterprise archi- Mr. MILLER, Mr. THOMPSON, Mr. determining the exclusion of gain from the tecture and plan under paragraph (1). BARKLEY, and Mr. VOINOVICH)) to the sale of a principal residence and to restore (3) IMPLEMENTATION.—The Director of the bill H.R. 5005, to establish the Depart- the tax exempt status of death gratuity pay- Office of Management and Budget, in con- ment of Homeland Security, and for

VerDate 0ct 31 2002 05:27 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.100 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11089 other purposes; which was ordered to for amounts not greater than the simplified termines that the waiver is required in the lie on the table; as follows: acquisition threshold (as defined in section interest of homeland security. At the appropriate place, insert the fol- 4(11) of the Office of Federal Procurement lowing: Policy Act (41 U.S.C. 403(11))). SA 4912. Mr. LIEBERMAN submitted (h) APPLICABILITY TO CONTRACTS AND SUB- SEC. . REQUIREMENT TO BUY CERTAIN ARTI- an amendment intended to be proposed CLES FROM AMERICAN SOURCES. CONTRACTS FOR PROCUREMENT OF COMMERCIAL to amendment SA 4901 proposed by Mr. (a) REQUIREMENT.—Except as provided in ITEMS.—This section is applicable to con- THOMPSON (for Mr. GRAMM (for himself, tracts and subcontracts for the procurement subsections (c) through (g), funds appro- Mr. MILLER, Mr. THOMPSON, Mr. priated or otherwise available to the Depart- of commercial items notwithstanding section 34 of the Office of Federal Procurement BARKLEY, and Mr. VOINOVICH)) to the ment of Homeland Security may not be used bill H.R. 5005, to establish the Depart- for the procurement of an item described in Policy Act (41 U.S.C. 430). subsection (b) if the item is not grown, re- (i) GEOGRAPHIC COVERAGE.—In this section, ment of Homeland Security and for processed, reused, or produced in the United the term ‘‘United States’’ includes the pos- other purposes; which was ordered to States. sessions of the United States. lie on the table; as follows: (b) COVERED ITEMS.—An item referred to in On page 244, line 14, beginning with the subsection (a) is any of the following: SA 4909. Mr. LIEBERMAN submitted comma strike all through ‘‘occur’’ on line 16. (1) An article or item of— an amendment intended to be proposed (A) food; to amendment SA 4901 proposed by Mr. SA 4913. Mr. LIEBERMAN submitted (B) clothing; THOMPSON (for Mr. GRAMM (for himself, an amendment intended to be proposed (C) tents, tarpaulins, or covers; Mr. MILLER, Mr. THOMPSON, Mr. to amendment SA 4901 proposed by Mr. (D) cotton and other natural fiber prod- BARKLEY, and Mr. VOINOVICH)) to the THOMPSON (for Mr. GRAMM (for himself, ucts, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric bill H.R. 5005, to establish the Depart- Mr. MILLER, Mr. THOMPSON, Mr. or coated synthetic fabric (including all tex- ment of Homeland Security, and for BARKLEY, and Mr. VOINOVICH)) to the tile fibers and yarns that are for use in such other purposes; which was ordered to bill H.R. 5005, to establish the Depart- fabrics), canvas products, or wool (whether lie on the table; as follows: ment of Homeland Security, and for in the form of fiber or yarn or contained in On page 260, line 1, strike all through line other purposes; which was ordered to fabrics, materials, or manufactured articles); 23 and insert the following: lie on the table; and follows: or (c) COORDINATION RULE.—No other provi- On page 302, line 21, strike all through page (E) any item of individual equipment man- sion of this Act or of any amendment made 303, line 19. ufactured from or containing such fibers, by this Act may be construed or applied in a yarns, fabrics, or materials. manner so as to limit, supersede, or other- SA 4914. Mr. LIEBERMAN submitted (2) Specialty metals, including stainless wise affect the provisions of this section, ex- an amendment intended to be proposed steel flatware. cept to the extent that it does so by specific to amendment SA 4901 proosed by Mr. (3) Hand or measuring tools. reference to this section. (c) AVAILABILITY EXCEPTION.—Subsection THOMPSON (for Mr. GRAMM (for himself, (a) does not apply to the extent that the Sec- SA 4910. Mr. LIEBERMAN submitted Mr. MILLER, Mr. THOMPSON, Mr. retary of Homeland Security determines an amendment intended to be proposed BARKLEY, and Mr. VOINOVICH)) to the that satisfactory quality and sufficient bill H.R. 5005, to establish the Depart- quantity of any such article or item de- to amendment SA 4901 proposed by Mr. THOMPSON (for Mr. GRAMM (for himself, ment of Homeland Security, and for scribed in subsection (b)(1) or specialty met- other purposes; which was orderd to lie als (including stainless steel flatware) Mr. MILLER, Mr. THOMPSON, Mr. Bar- grown, reprocessed, reused, or produced in kley, and Mr. VOINOVICH)) to the bill on the table; as follows: the United States cannot be procured as and H.R. 5005, to establish the Department On page 280, line 8, strike all through page when needed at United States market prices. of Homeland Security, and for other 281, line 8. (d) EXCEPTION FOR CERTAIN PROCUREMENTS purposes; which was ordered to lie on OUTSIDE THE UNITED STATES.—Subsection (a) SA 4915. Mr. LIEBERMAN submitted does not apply to the following: the table; as follows: an amendment intended to be proposed (1) Procurements outside the United States On page 90, line 5, strike all through page to amendment SA 4901 proposed by Mr. in support of combat operations. 91, line 10. THOMPSON (for Mr. GRAMM (for himself, (2) Procurements by vessels in foreign wa- Mr. MILLER, Mr. THOMPSON, Mr. ters. SA 4911. Mr. LIEBERMAN submitted BARKLEY, and Mr. VOINOVICH)) to the (3) Emergency procurements or procure- an amendment intended to be proposed ments of perishable foods by an establish- to amendment SA 4901 proposed by Mr. bill H.R. 5005, to establish the Depart- ment of Homeland Security, and for ment located outside the United States for THOMPSON (for Mr. GRAMM (for himself, other purposes; which was ordered to the personnel attached to such establish- Mr. MILLER, Mr. THOMPSON, Mr. ment. lie on the table; as follows: BARKLEY, and Mr. VOINOVICH)) to the (e) EXCEPTION FOR SPECIALTY METALS AND bill H.R. 5005, to establish the Depart- On page 268, line 19, strike all through page CHEMICAL WARFARE PROTECTIVE CLOTHING.— 280, line 5. Subsection (a) does not preclude the procurement of Homeland Security, and for ment of specialty metals or chemical war- other purposes; which was ordered to SA 4916. Mr. LIEBERMAN submitted fare protective clothing produced outside the lie on the table; as follows: an amendment intended to be proposed United States if— At the end, add the following: to amendment SA 4901 proposed by Mr. (1) such procurement is necessary— (A) to comply with agreements with for- TITLE XVIII—NONEFFECTIVE PROVISIONS THOMPSON (for Mr. GRAMM (for himself, eign governments requiring the United SEC. 1801. NONEFFECTIVE PROVISIONS. Mr. MILLER, Mr. THOMPSON, Mr. States to purchase supplies from foreign (a) IN GENERAL.—Notwithstanding any BARKLEY, and Mr. VOINOVICH)) to the sources for the purposes of offsetting sales other provision of this Act, (including any bill H.R. 5005, to establish the Depart- made by the United States Government or effective date provision of this Act) the fol- ment of Homeland Security, and for United States firms under approved pro- lowing provisions of this Act shall not take other purposes; which was ordered to grams serving defense requirements; or effect: lie on the table; as follows: (B) in furtherance of agreements with for- (1) Section 308(b)(2)(B) (i) through (xiv). On page 477, line 11, strike all through line eign governments in which both such govern- (2) Section 311(i). 16. ments agree to remove barriers to purchases (3) Subtitle G of title VIII. (4) Section 871. of supplies produced in the other country or SA 4917. Mr. LIEBERMAN submitted services performed by sources of the other (5) Section 890. country; and (6) Section 1707. an amendment intended to be proposed (2) any such agreement with a foreign gov- (7) Sections 1714, 1715, 1716, and 1717. to amendment SA 4901 proposed by Mr. ernment complies, where applicable, with (b) APPLICATION OF FEDERAL ADVISORY THOMPSON (for Mr. GRAMM (for himself, the requirements of section 36 of the Arms COMMITTEE ACT.—Notwithstanding para- Mr. MILLER, Mr. THOMPSON, Mr. Export Control Act (22 U.S.C. 2776) and with graph (2) of subsection (b) of section 232, any BARKLEY, and Mr. VOINOVICH)) to the section 2457 of title 10, United States Code. advisory group described under that para- bill H.R. 5005, to establish the Depart- (f) EXCEPTION FOR CERTAIN FOODS.—Sub- graph shall not be exempt from the provi- ment of Homeland Security, and for section (a) does not preclude the procure- sions of the Federal Advisory Committee Act ment of foods manufactured or processed in (5 U.S.C. App.). other purposes; which was ordered to the United States. (c) WAIVER.—Notwithstanding section lie on the table; as follows: (g) EXCEPTION FOR SMALL PURCHASES.— 835(d), the Secretary shall waive subsection On page 103, line 12, strike all through line Subsection (a) does not apply to purchases (a) of that section, only if the Secretary de- 14.

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.103 S14PT2 S11090 CONGRESSIONAL RECORD — SENATE November 14, 2002 SA 4918. Mr. LIEBERMAN submitted (2) IN GENERAL.—Subpart I of part III of amount of cash compensation allowable an amendment intended to be proposed title 5, United States Code, is amended by under section 5307 of such title 5 in a year; or to amendment SA 4901 proposed by Mr. adding at the end the following: ‘‘(3) to exempt any employee from the application of such section 5307. THOMPSON (for Mr. GRAMM (for himself, ‘‘CHAPTER 97—DEPARTMENT OF HOMELAND SECURITY ‘‘(e) PROVISIONS TO ENSURE COLLABORATION Mr. MILLER, Mr. THOMPSON, Mr. WITH EMPLOYEE REPRESENTATIVES.— ‘‘Sec. BARKLEY, and Mr. VOINOVICH)) to the ‘‘9701. Establishment of human resources ‘‘(1) IN GENERAL.—In order to ensure that bill H.R. 5005, to establish the Depart- management system by the the authority of this section is exercised in collaboration with, and in a manner that en- ment of Homeland Security, and for Secretary. other purposes; which was ordered to ‘‘9702. Establishment of human resources sures the direct participation of employee lie on the table; as follows: management system by the representatives in the planning development, President. and implementation of any human resources On page 482, line 22, strike all through page management system or adjustments under 484, line 12. ‘‘§ 9701. Establishment of human resources this section, the Secretary and the Director management system by the Secretary of the Office of Personnel Management shall SA 4919. Mr. LIEBERMAN submitted ‘‘(a) IN GENERAL.—Notwithstanding any provide for the following: an amendment intended to be proposed other provision of this part, the Secretary of ‘‘(A) NOTICE OF PROPOSAL.— The Secretary to amendment SA 4901 proposed by Mr. Homeland Security may, in regulations pre- and the Director shall, with respect to any scribed jointly with the Director of the Of- THOMPSON (for Mr. GRAMM) for himself, proposed system or adjustment— fice of Personnel Management, establish, and ‘‘(i) provide to each employee representa- Mr. MILLER, Mr. THOMPSON, Mr. from time to time adjust, a human resources tive representing any employees who might BARKLEY, and Mr. VOINOVICH)) to the management system for some or all of the be affected, a written description of the pro- bill H.R. 5005, to establish the Depart- organizational units of the Department of posed system or adjustment (including the ment of Homeland Security, and for Homeland Security. reasons why it is considered necessary); other purposes; which was ordered to ‘‘(b) SYSTEM REQUIREMENTS.—Any system ‘‘(ii) give each representative at least 60 lie on the table; as follows: established under subsection (a) shall— days (unless extraordinary circumstances re- ‘‘(1) be flexible; quire earlier action) to review and make rec- On page 60, line 8, strike all through ‘‘(5 ‘‘(2) be contemporary; ommendations with respect to the proposal; U.S.C. App.))’’ on line 9. ‘‘(3) not waive, modify, or otherwise af- and fect— ‘‘(iii) give any recommendations received SA 4920. Mr. SPECTER submitted an ‘‘(A) the public employment principles of from any such representatives under clause amendment intended to be proposed to merit and fitness set forth in section 2301, in- (ii) full and fair consideration in deciding amendment SA 4901 proposed by Mr. cluding the principles of hiring based on whether or how to proceed with the proposal. THOMPSON (for Mr. GRAMM (for himself, merit, fair treatment without regard to po- ‘‘(B) PREIMPLEMENTATION REQUIREMENTS.— Mr. MILLER, Mr. THOMPSON, Mr. litical affiliation or other nonmerit consider- If the Secretary and the Director decide to ations, equal pay for equal work, and protec- BARKLEY, and Mr. VOINOVICH)) to the implement a proposal described in subpara- tion of employees against reprisal for whis- bill H.R. 5005, to establish the Depart- graph (A), they shall before implementa- tleblowing; tion— ment of Homeland Security, and for ‘‘(B) any provision of section 2302, relating ‘‘(i) give each representative details of the other purposes; which was ordered to to prohibited personnel practices; decision to implement the proposal, together lie on the table; as follows: ‘‘(C)(i) any provision of law referred to in with the information upon which the deci- On page 29, strike line 13 and insert the fol- section 2302(b)(1); or sion is based; lowing: ‘‘(ii) any provision of law implementing ‘‘(ii) give each representative an oppor- (19) On behalf of the Secretary, subject to any provision of law referred to in section tunity to make recommendations with re- disapproval by the President, to direct the 2302(b)(1) by— spect to the proposal; and agencies described under subsection (f)(2) to ‘‘(I) providing for equal employment oppor- ‘‘(iii) give such recommendation full and provide intelligence information, analyses of tunity through affirmative action; or fair consideration, including the providing of intelligence information, and such other in- ‘‘(II) providing any right or remedy avail- reasons to an employee representative if any telligence-related information as the Assist- able to any employee or applicant for em- of its recommendations are rejected. ant Secretary for Information Analysis deployment in the civil service; ‘‘(C) CONTINUING COLLABORATION.—If a pro- termines necessary. ‘‘(D) any other provision of this part (as posal described in subparagraph (A) is imple- (20) To perform such other duties relating described in subsection (c)); or mented, the Secretary and the Director to ‘‘(E) any rule or regulation prescribed shall— under any provision of law referred to in any ‘‘(i) develop a method for each employee SA 4921. Mr. SPECTER submitted an of the preceding subparagraphs of this para- representative to participate in any further amendment intended to be proposed to graph; planning or development which might be- ‘‘(4) ensure that employees may organize, come necessary; and amendment SA 4901 proposed by Mr. bargain collectively, and participate through ‘‘(ii) give each employee representative THOMPSON (for Mr. GRAMM (for himself, labor organizations of their own choosing in adequate access to information to make that Mr. MILLER, Mr. THOMPSON, Mr. decisions which affect them, subject to any participation productive. BARKLEY, and Mr. VOINOVICH)) to the exclusion from coverage or limitation on ne- ‘‘(2) PROCEDURES.—Any procedures nec- bill H.R. 5005, to establish the Depart- gotiability established by law; and essary to carry out this subsection shall be ment of Homeland Security, and for ‘‘(5) permit the use of a category rating established by the Secretary and the Direc- other purposes; which was ordered to system for evaluating applicants for posi- tor jointly. Such procedures shall include lie on the table; as follows: tions in the competitive service. measures to ensure— ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The ‘‘(A) in the case of employees within a unit SEC. 841. ESTABLISHMENT OF HUMAN RE- other provisions of this part, as referred to with respect to which a labor organization is SOURCES MANAGEMENT SYSTEM. in subsection (b)(3)(D), are (to the extent not accorded exclusive recognition, representa- (a) AUTHORITY.— otherwise specified in subparagraph (A), (B), tion by individuals designated or from (1) SENSE OF CONGRESS.—It is the sense of (C), or (D) of subsection (b)(3))— among individuals nominated by such orga- Congress that— ‘‘(1) subparts A, B, E, G, and H of this part; nization; (A) it is extremely important that employ- and ‘‘(B) in the case of any employees who are ees of the Department be allowed to partici- ‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and not within such a unit, representation by pate in a meaningful way in the creation of 79, and this chapter. any appropriate organization which rep- any human resources management system ‘‘(d) LIMITATIONS RELATING TO PAY.—Noth- resents a substantial percentage of those em- affecting them; ing in this section shall constitute author- ployees or, if none, in such other manner as (B) such employees have the most direct ity— may be appropriate, consistent with the pur- knowledge of the demands of their jobs and ‘‘(1) to modify the pay of any employee poses of the subsection; and have a direct interest in ensuring that their who serves in— ‘‘(C) the selection of representatives in a human resources management system is con- ‘‘(A) an Executive Schedule position under manner consistent with the relative number ducive to achieving optimal operational effi- subchapter II of chapter 53 of title 5, United of employees represented by the organiza- ciencies; States Code; or tions or other representatives involved. (C) the 21st century human resources man- ‘‘(B) a position for which the rate of basic ‘‘(f) PROVISIONS RELATING TO APPELLATE agement system envisioned for the Depart- pay is fixed in statute by reference to a sec- PROCEDURES.— ment should be one that benefits from the tion or level under subchapter II of chapter ‘‘(1) SENSE OF CONGRESS.—It is the sense of input of its employees; and 53 of such title 5; Congress that— (D) this collaborative effort will help se- ‘‘(2) to fix pay for any employee or position ‘‘(A) employees of the Department are en- cure our homeland. at an annual rate greater than the maximum titled to fair treatment in any appeals that

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.122 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11091 they bring in decisions relating to their em- a break in service, is appointed in the De- self, Mr. MILLER, Mr. THOMPSON, Mr. ployment; and partment to a position having duties com- BARKLEY, and Mr. VOINOVICH)) to the ‘‘(B) in prescribing regulations for any parable to the duties performed immediately bill H.R. 5005, to establish the Depart- such appeals procedures, the Secretary and preceding such appointment shall continue ment of Homeland Security, and for the Director of the Office of Personnel Man- to be compensated in such new position at other purposes; which was ordered to agement— not less than the rate provided for such posi- ‘‘(i) should ensure that employees of the tion, for the duration of the service of such lie on the table; as follows: Department are afforded the protections of person in such new position. Beginning on page 36, strike line 5 and all due process; and (3) COORDINATION RULE.—Any exercise of that follows through page 48, line 16, and in- ‘‘(ii) toward that end, should be required to authority under chapter 97 of title 5, United sert the following: consult with the Merit Systems Protection States Code (as amended by subsection (a)), Subtitle B—Protection of Voluntarily Board before issuing any such regulations. including under any system established Furnished Confidential Information ‘‘(2) REQUIREMENTS.—Any regulations under such chapter, shall be in conformance SEC. 211. PROTECTION OF VOLUNTARILY FUR- under this section which relate to any mat- with the requirements of this subsection. NISHED CONFIDENTIAL INFORMA- ters within the purview of chapter 77— SEC. 842. LABOR-MANAGEMENT RELATIONS. TION. ‘‘(A) shall be issued only after consultation (a) EXCLUSIONARY AUTHORITY.— (a) DEFINITIONS.—In this section: with the Merit Systems Protection Board; (1) IN GENERAL.—Subject to paragraph (2), (1) CRITICAL INFRASTRUCTURE.—The term ‘‘(B) shall ensure the availability of proce- the President may issue an order excluding ‘‘critical infrastructure’’ has the meaning dures which shall— any executive agency, or subdivision thereof, given that term in section 1016(e) of the USA ‘‘(i) be fully consistent with requirements from coverage under chapter 71 of title 5, PATRIOT ACT of 2001 (42 U.S.C. 5195(e)). of due process; and United States Code, if the President deter- (2) FURNISHED VOLUNTARILY.— ‘‘(ii) provide, to the maximum extent prac- mines that— (A) DEFINITION.—The term ‘‘furnished vol- ticable, for the expeditious handling of any (A) the agency or subdivision has, as a pri- untarily’’ means a submission of a record matters involving the Department; and mary function, intelligence, counterintel- that— ‘‘(C) shall modify procedures under chapter ligence, investigative, or national security (i) is made to the Department in the ab- 77 only insofar as such modifications are de- work; and sence of authority of the Department requir- signed to further the fair, efficient, and expe- (B) the provisions of such chapter 71 can- ing that record to be submitted; and ditious resolution of matters involving the not be applied to that agency or subdivision (ii) is not submitted or used to satisfy any employees of the Department. in a matter consistent with national secu- legal requirement or obligation or to obtain ‘‘(g) SUNSET PROVISION.—Effective 5 years rity requirements and considerations. any grant, permit, benefit (such as agency after the conclusion of the transition period (2) ADDITIONAL DETERMINATION.—In addi- forbearance, loans, or reduction or modifica- defined under section 801 of the Homeland tion to the requirements under paragraph tions of agency penalties or rulings), or Security Act of 2002, all authority to issue (1), the President may issue an order exclud- other approval from the Government. regulations under this section (including reg- ing any executive agency, or subdivision (B) BENEFIT.—In this paragraph, the term ulations which would modify, supersede, or thereof, transferred to the Department under ‘‘benefit’’ does not include any warning, terminate any regulations previously issued this Act, from coverage under chapter 71 of alert, or other risk analysis by the Depart- under this section and section 9702) shall title 5, United States Code, only if the Presi- ment. cease to be available. dent determines that— (b) IN GENERAL.—Notwithstanding any ‘‘§ 9702. Establishment of human resources (A) the mission and responsibilities of the other provision of law, a record pertaining to management system by the President agency or subdivision materially change; and the vulnerability of and threats to critical infrastructure (such as attacks, response, The authority under section 9701 to estab- (B) a majority of the employees within and recovery efforts) that is furnished volun- lish a human resources management system such agency or subdivision have, as their pri- tarily to the Department shall not be made shall be exercised only when the President mary duty, intelligence, counterintelligence, available under section 552 of title 5, United issues an order determining that— or investigative work directly related to terrorism investigation. States Code, if— ‘‘(1) the affected agency or subdivision has, (1) the provider would not customarily as a primary function, intelligence, counter- (3) EXCLUSIONS ALLOWABLE.—Nothing in paragraph (1) or (2) shall affect the effective- make the record available to the public; and intelligence, investigative, or national secu- (2) the record is designated and certified by rity work; ness of any order to the extent that such order excludes any portion of an agency or the provider, in a manner specified by the ‘‘(2) the provisions of chapter 43, 51, 53, 71, Department, as confidential and not custom- 75, or 77 cannot be applied to that agency or subdivision of an agency as to which— (A) recognition as an appropriate unit has arily made available to the public. subdivision in a manner consistent with na- (c) RECORDS SHARED WITH OTHER AGEN- never been conferred for purposes of chapter tional security requirements and consider- CIES.— 71 of title 5, United States Code; or ations; (1) IN GENERAL.— (B) any such recognition has been revoked ‘‘(3) the mission and responsibilities of the (A) RESPONSE TO REQUEST.—An agency in or otherwise terminated as a result of a de- affected agency or subdivision have materi- receipt of a record that was furnished volun- termination under subsection (b)(1). ally changed; and tarily to the Department and subsequently (b) PROVISIONS RELATING TO BARGAINING ‘‘(4) a majority of the employees within shared with the agency shall, upon receipt of UNITS.—Each unit, which is recognized as an that agency or subdivision have, as their pri- a request under section 552 of title 5, United mary duty, intelligence, counterintelligence, appropriate unit for purposes of chapter 71 of title 5, United States Code, as of the day be- States Code, for the record— or investigative work directly related to ter- (i) not make the record available; and rorism investigation.’’. fore the effective date of this Act (and any subdivision of any such unit) shall, if such (ii) refer the request to the Department for (3) CLERICAL AMENDMENT.—The table of processing and response in accordance with chapters for part III of title 5, United States unit (or subdivision) is transferred to the De- partment under this Act, continue to be so this section. Code, is amended by adding at the end of the (B) SEGREGABLE PORTION OF RECORD.—Any following: recognized for such purposes, unless— (1) the mission and responsibilities of the reasonably segregable portion of a record ‘‘97. Department of Homeland Secu- personnel in such unit (or subdivision), or shall be provided to the person requesting rity ...... 9701’’. the threats of domestic terrorism being ad- the record after deletion of any portion (b) EFFECT ON PERSONNEL.— dressed by the personnel in such unit (or sub- which is exempt under this section. (1) NONSEPARATION OR NONREDUCTION IN division), materially change; and (2) DISCLOSURE OF INDEPENDENTLY FUR- GRADE OR COMPENSATION OF FULL-TIME PER- (2) a substantial number of the employees NISHED RECORDS.—Notwithstanding para- SONNEL AND PART-TIME PERSONNEL HOLDING within such unit (or subdivision) have as graph (1), nothing in this section shall pro- PERMANENT POSITIONS.—Except as otherwise hibit an agency from making available under provided in this Act, the transfer pursuant to their primary duty intelligence, counterintelligence, or investigative work directly section 552 of title 5, United States Code, any this Act of full-time personnel (except spe- record that the agency receives independ- cial Government employees) and part-time related to terrorism investigation. (c) COORDINATION RULE.—No other provi- ently of the Department, regardless of personnel holding permanent positions shall sion of this Act or of any amendment made whether or not the Department has a similar not cause any such employee to be separated by this Act may be construed or applied in a or identical record. or reduced in grade or compensation for one manner so as to limit, supersede, or other- (d) WITHDRAWAL OF CONFIDENTIAL DESIGNA- year after the date of transfer to the Depart- wise affect the provisions of this section, ex- TION.—The provider of a record that is fur- ment. cept to the extent that it does so by specific nished voluntarily to the Department under (2) POSITIONS COMPENSATED IN ACCORDANCE reference to this section. subsection (b) may at any time withdraw, in WITH EXECUTIVE SCHEDULE.—Any person who, SA 4922. Mr. JEFFORDS (for himself a manner specified by the Department, the on the day preceding such person’s date of confidential designation. EAHY transfer pursuant to this Act, held a position and Mr. L ) submitted an amend- (e) PROCEDURES.—The Secretary shall pre- compensated in accordance with the Execu- ment intended to be proposed to scribe procedures for— tive Schedule prescribed in chapter 53 of amendment SA 4901 proposed by Mr. (1) the acknowledgement of receipt of title 5, United States Code, and who, without THOMPSON (for Mr. GRAMM, (for him- records furnished voluntarily;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.126 S14PT2 S11092 CONGRESSIONAL RECORD — SENATE November 14, 2002 (2) the designation, certification, and clear and other emerging terrorist threats Mr. MILLER, Mr. THOMPSON, Mr. marking of records furnished voluntarily as carried out by the Department of Health and BARKLEY, and Mr. VOINOVICH)) to the confidential and not customarily made avail- Human Services (including the Public Health bill H.R. 5005, to establish the Depart- able to the public; Service), the Secretary of Health and Human ment of Homeland Security, and for (3) the care and storage of records fur- Services shall set priorities and preparedness nished voluntarily; goals and further develop a coordinated other purposes; which was ordered to (4) the protection and maintenance of the strategy for such activities in collaboration lie on the table; as follows: confidentiality of records furnished volun- with the Secretary. On page 208, between lines 7 and 8, insert tarily; and (b) EVALUATION OF PROGRESS.—In carrying the following: (5) the withdrawal of the confidential des- out subsection (a), the Secretary of Health Subtitle B—First Responder Terrorism ignation of records under subsection (d). and Human Services shall collaborate with Preparedness (f) EFFECT ON STATE AND LOCAL LAW.— the Secretary in developing specific bench- SEC. 5ll1. SHORT TITLE. Nothing in this section shall be construed as marks and outcome measurements for evalu- This subtitle may be cited as the ‘‘First preempting or otherwise modifying State or ating progress toward achieving the prior- Responder Terrorism Preparedness Act of local law concerning the disclosure of any in- ities and goals described in such subsection. 2002’’. formation that a State or local government SEC. 502. ROLE OF FEDERAL EMERGENCY MAN- SEC. 5ll2. FINDINGS AND PURPOSES. receives independently of the Department. AGEMENT AGENCY. (a) FINDINGS.—Congress finds that— (g) REPORT.— (a) IN GENERAL.—The functions of the Fed- (1) the Federal Government must enhance (1) REQUIREMENT.—Not later than 18 eral Emergency Management Agency include the ability of first responders to respond to months after the date of the enactment of the following: incidents of terrorism, including incidents this Act, the Comptroller General of the (1) All functions and authorities prescribed involving weapons of mass destruction; and United States shall submit to the commit- by the Robert T. Stafford Disaster Relief and (2) as a result of the events of September tees of Congress specified in paragraph (2) a Emergency Assistance Act (42 U.S.C. 5121 et 11, 2001, it is necessary to clarify and consoli- report on the implementation and use of this seq.). date the authority of the Federal Emergency section, including— (2) Carrying out its mission to reduce the Management Agency to support first re- (A) the number of persons in the private loss of life and property and protect the Na- sponders. sector, and the number of State and local tion from all hazards by leading and sup- (b) PURPOSES.—The purposes of this sub- agencies, that furnished voluntarily records porting the Nation in a comprehensive, risk- title are— to the Department under this section; based emergency management program— (1) to establish within the Federal Emer- (B) the number of requests for access to (A) of mitigation, by taking sustained ac- gency Management Agency the Office of Na- records granted or denied under this section; tions to reduce or eliminate long-term risk tional Preparedness; and to people and property from hazards and (2) to establish a program to provide assist- (C) such recommendations as the Comp- their effects; ance to enhance the ability of first respond- troller General considers appropriate regard- (B) of planning for building the emergency ers to respond to incidents of terrorism, ining improvements in the collection and anal- management profession to prepare effec- cluding incidents involving weapons of mass ysis of sensitive information held by persons tively for, mitigate against, respond to, and destruction; and in the private sector, or by State and local recover from any hazard; (3) to address issues relating to urban agencies, relating to vulnerabilities of and (C) of response, by conducting emergency search and rescue task forces. threats to critical infrastructure, including operations to save lives and property SEC. 5ll3. DEFINITIONS. the response to such vulnerabilities and through positioning emergency equipment (a) MAJOR DISASTER.—Section 102(2) of the threats. and supplies, through evacuating potential Robert T. Stafford Disaster Relief and Emer- (2) COMMITTEES OF CONGRESS.—The com- victims, through providing food, water, shel- gency Assistance Act (42 U.S.C. 5122(2)) is mittees of Congress specified in this para- ter, and medical care to those in need, and amended by inserting ‘‘incident of ter- graph are— through restoring critical public services; rorism,’’ after ‘‘drought),’’. (A) the Committees on the Judiciary and (D) of recovery, by rebuilding communities (b) WEAPON OF MASS DESTRUCTION.—Sec- Governmental Affairs of the Senate; and so individuals, businesses, and governments tion 602(a) of the Robert T. Stafford Disaster (B) the Committees on the Judiciary and can function on their own, return to normal Relief and Emergency Assistance Act (42 Government Reform and Oversight of the life, and protect against future hazards; and U.S.C. 5196(a)) is amended by adding at the House of Representatives. (E) of increased efficiencies, by coordi- end the following: (3) FORM.—The report shall be submitted in nating efforts relating to mitigation, plan- ‘‘(11) WEAPON OF MASS DESTRUCTION.—The unclassified form, but may include a classi- ning, response, and recovery. term ‘weapon of mass destruction’ has the fied annex. (b) FEDERAL RESPONSE PLAN.— meaning given the term in section 2302 of (1) ROLE OF FEMA.—Notwithstanding any title 50, United States Code.’’. SA 4923. Mr. JEFFORDS submitted other provision of this Act, the Federal an amendment intended to be proposed SEC. 5ll4. ESTABLISHMENT OF OFFICE OF NA- Emergency Management Agency shall re- TIONAL PREPAREDNESS. to amendment SA 4901 proposed by Mr. main the lead agency for the Federal Re- Subtitle A of title VI of the Robert T. Staf- THOMPSON (for Mr. GRAMM (for himself, sponse Plan established under Executive ford Disaster Relief and Emergency Assist- Mr. MILLER, Mr. THOMPSON, Mr. Order 12148 (44 Fed. Reg. 43239) and Executive ance Act (42 U.S.C. 5196 et seq.) is amended Order 12656 (53 Fed. Reg. 47491). BARKLEY, and Mr. VOINOVICH)) to the by adding at the end the following: (2) REVISION OF RESPONSE PLAN.—Not later ‘‘SEC. 616. OFFICE OF NATIONAL PREPAREDNESS. bill H.R. 5005, to establish the Depart- than 60 days after the date of enactment of ‘‘(a) IN GENERAL.—There is established in ment of Homeland Security, and for this Act, the Director of the Federal Emer- the Federal Emergency Management Agency other purposes; which was ordered to gency Management Agency shall revise the an office to be known as the ‘Office of Na- lie on the table; as follows: Federal Response Plan to reflect the estab- tional Preparedness’ (referred to in this sec- lishment of and incorporate the Department. Beginning on page 145, strike line 16 and tion as the ‘Office’). all that follows through page 148, line 5. SEC. 503. USE OF COMMERCIALLY AVAILABLE ‘‘(b) APPOINTMENT OF ASSOCIATE DIREC- TECHNOLOGY, GOODS, AND SERV- TOR.— ICES. SA 4924. Mr. JEFFORDS submitted ‘‘(1) IN GENERAL.—The Office shall be head- It is the sense of Congress that— an amendment intended to be proposed ed by an Associate Director, who shall be ap- (1) the Secretary should, to the maximum to amendment SA 4901 proposed by Mr. pointed by the President, by and with the ad- extent possible, use off-the-shelf commer- THOMPSON (for Mr. GRAMM (for himself, vice and consent of the Senate. cially developed technologies to ensure that ‘‘(2) COMPENSATION.—The Associate Direc- Mr. MILLER, Mr. THOMPSON, Mr. the Department’s information technology tor shall be compensated at the annual rate BARKLEY, and Mr. VOINOVICH)) to the systems allow the Department to collect, of basic pay prescribed for level IV of the Ex- bill H.R. 5005, to establish the Depart- manage, share, analyze, and disseminate in- ecutive Schedule under section 5315 of title 5, ment of Homeland Security, and for formation securely over multiple channels of United States Code. communication; and other purposes; which was ordered to ‘‘(c) DUTIES.—The Office shall— (2) in order to further the policy of the lie on the table; as follows: ‘‘(1) lead a coordinated and integrated United States to avoid competing commer- Beginning on page 200, strike line 3 and all overall effort to build, exercise, and ensure cially with the private sector, the Secretary that follows through page 208, line 7, and in- viable terrorism preparedness and response should rely on commercial sources to supply sert the following: capability at all levels of government; the goods and services needed by the Depart- ‘‘(2) establish clearly defined standards and SEC. 501. CONDUCT OF CERTAIN PUBLIC ment. HEALTH-RELATED ACTIVITIES. guidelines for Federal, State, tribal, and (a) IN GENERAL.—With respect to all public SA 4925. Mr. JEFFORDS submitted local government terrorism preparedness health-related activities to improve State, an amendment intended to be proposed and response; local, and hospital preparedness and response to amendment SA 4901 proposed by Mr. ‘‘(3) establish and coordinate an integrated to chemical, biological, radiological, and nu- THOMPSON (for Mr. GRAMM (for himself, capability for Federal, State, tribal, and

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local governments and emergency responders ‘‘(C) in consultation with the Director, to ‘‘(g) MAINTENANCE OF EXPENDITURES.—The to plan for and address potential con- develop, construct, or upgrade terrorism pre- Director may provide assistance to a State sequences of terrorism; paredness training facilities; under this section only if the State agrees to ‘‘(4) coordinate provision of Federal ter- ‘‘(D) to develop, construct, or upgrade maintain, and to ensure that each local gov- rorism preparedness assistance to State, emergency operating centers; ernment that receives funds from the State tribal, and local governments; ‘‘(E) to develop preparedness and response in accordance with subsection (e) maintains, ‘‘(5) establish standards for a national, plans consistent with Federal, State, and for the fiscal year for which the assistance is interoperable emergency communications local strategies, as determined by the Direc- provided, the aggregate expenditures by the and warning system; tor; State or the local government, respectively, ‘‘(6) establish standards for training of first ‘‘(F) to provide systems and equipment to for the uses described in subsection (c)(1) at responders (as defined in section 630(a)), and meet communication needs, such as emer- for equipment to be used by first responders, gency notification systems, interoperable a level that is at or above the average annual to respond to incidents of terrorism, includ- equipment, and secure communication level of those expenditures by the State or ing incidents involving weapons of mass de- equipment; local government, respectively, for the 2 fis- struction; and ‘‘(G) to conduct exercises; and cal years preceding the fiscal year for which ‘‘(7) carry out such other related activities ‘‘(H) to carry out such other related activi- the assistance is provided. as are approved by the Director. ties as are approved by the Director; and ‘‘(h) REPORTS.— ‘‘(d) DESIGNATION OF REGIONAL CONTACTS.— ‘‘(2) shall not be used to provide compensa- ‘‘(1) ANNUAL REPORT TO THE DIRECTOR.—As The Associate Director shall designate an of- tion to first responders (including payment a condition of receipt of assistance under ficer or employee of the Federal Emergency for overtime). this section for a fiscal year, a State shall Management Agency in each of the 10 re- ‘‘(d) ALLOCATION OF FUNDS.—For each fis- submit to the Director, not later than 60 gions of the Agency to serve as the Office cal year, in providing assistance under sub- days after the end of the fiscal year, a report contact for the States in that region. section (b), the Director shall make avail- on the use of the assistance in the fiscal ‘‘(e) USE OF EXISTING RESOURCES.—In car- able— year. rying out this section, the Associate Direc- ‘‘(1) to each of the District of Columbia, ‘‘(2) EXERCISE AND REPORT TO CONGRESS.— tor shall— Puerto Rico, the Virgin Islands, Guam, As a condition of receipt of assistance under ‘‘(1) to the maximum extent practicable, American Samoa, and the Commonwealth of this section, not later than 3 years after the use existing resources, including planning the Northern Mariana Islands, $3,000,000; and date of enactment of this section, a State documents, equipment lists, and program in- ‘‘(2) to each State (other than a State spec- shall— ventories; and ified in paragraph (1))— ‘‘(A) conduct an exercise, or participate in ‘‘(2) consult with and use— ‘‘(A) a base amount of $15,000,000; and a regional exercise, approved by the Direc- ‘‘(A) existing Federal interagency boards ‘‘(B) a percentage of the total remaining tor, to measure the progress of the State in and committees; funds made available for the fiscal year enhancing the ability of State and local first ‘‘(B) existing government agencies; and based on criteria established by the Director, responders to respond to incidents of ter- ‘‘(C) nongovernmental organizations.’’. such as— rorism, including incidents involving weap- ‘‘(i) population; SEC. 5ll5. PREPAREDNESS ASSISTANCE FOR ons of mass destruction; and FIRST RESPONDERS. ‘‘(ii) location of vital infrastructure, in- ‘‘(B) submit a report on the results of the cluding— (a) IN GENERAL.—Subtitle B of title VI of exercise to— ‘‘(I) military installations; the Robert T. Stafford Disaster Relief and ‘‘(i) the Committee on Environment and ‘‘(II) public buildings (as defined in section Emergency Assistance Act (42 U.S.C. 5197 et Public Works and the Committee on Appro- 13 of the Public Buildings Act of 1959 (40 seq.) is amended by adding at the end the fol- priations of the Senate; and U.S.C. 612)); lowing: ‘‘(ii) the Committee on Transportation and ‘‘(III) nuclear power plants; Infrastructure and the Committee on Appro- ‘‘SEC. 630. PREPAREDNESS ASSISTANCE FOR ‘‘(IV) chemical plants; and priations of the House of Representatives. FIRST RESPONDERS. ‘‘(V) national landmarks; and ‘‘(a) DEFINITIONS.—In this section: ‘‘(iii) proximity to international borders. ‘‘(i) COORDINATION.— ‘‘(1) WITH FEDERAL AGENCIES.—The Direc- ‘‘(1) FIRST RESPONDER.—The term ‘first re- ‘‘(e) PROVISION OF FUNDS TO LOCAL GOVERN- tor shall, as necessary, coordinate the provi- sponder’ means— MENTS AND LOCAL ENTITIES.— sion of assistance under this section with ac- ‘‘(A) fire, emergency medical service, and ‘‘(1) IN GENERAL.—For each fiscal year, not tivities carried out by— law enforcement personnel; and less than 75 percent of the assistance pro- ‘‘(A) the Administrator of the United ‘‘(B) such other personnel as are identified vided to each State under this section shall States Fire Administration in connection by the Director. be provided to local governments and local with the implementation by the Adminis- ‘‘(2) LOCAL ENTITY.—The term ‘local entity’ entities within the State. trator of the assistance to firefighters grant has the meaning given the term by regula- ‘‘(2) ALLOCATION OF FUNDS.—Under para- program established under section 33 of the tion promulgated by the Director. graph (1), a State shall allocate assistance to Federal Fire Prevention and Control Act of ‘‘(3) PROGRAM.—The term ‘program’ means local governments and local entities within 1974 (15 U.S.C. 2229) (as added by section the program established under subsection the State in accordance with criteria estab- 1701(a) of the Floyd D. Spence National De- (b). lished by the Director, such as the criteria fense Authorization Act for Fiscal Year 2001 ‘‘(b) PROGRAM TO PROVIDE ASSISTANCE.— specified in subsection (d)(2)(B). (114 Stat. 1654, 1654A–360)); ‘‘(1) IN GENERAL.—The Director shall estab- ‘‘(3) DEADLINE FOR PROVISION OF FUNDS.— ‘‘(B) the Attorney General, in connection lish a program to provide assistance to Under paragraph (1), a State shall provide all with the implementation of the Community States to enhance the ability of State and assistance to local government and local en- Oriented Policing Services (COPS) Program local first responders to respond to incidents tities not later than 45 days after the date on established under section 1701(a) of the Om- of terrorism, including incidents involving which the State receives the assistance. nibus Crime Control and Safe Streets Act of weapons of mass destruction. ‘‘(4) COORDINATION.—Each State shall co- 1968 (42 U.S.C. 3796dd(a)); and ‘‘(2) FEDERAL SHARE.—The Federal share of ordinate with local governments and local ‘‘(C) other appropriate Federal agencies. the costs eligible to be paid using assistance entities concerning the use of assistance pro- ‘‘(2) WITH INDIAN TRIBES.—In providing and provided under the program shall be not less vided to local governments and local entities using assistance under this section, the Di- than 75 percent, as determined by the Direc- under paragraph (1). rector and the States shall, as appropriate, tor. ‘‘(f) ADMINISTRATIVE EXPENSES.— coordinate with— ‘‘(3) FORMS OF ASSISTANCE.—Assistance ‘‘(1) DIRECTOR.—For each fiscal year, the ‘‘(A) Indian tribes (as defined in section 4 provided under paragraph (1) may consist Director may use to pay salaries and other of the Indian Self-Determination and Edu- of— administrative expenses incurred in admin- cation Assistance Act (25 U.S.C. 450b)) and ‘‘(A) grants; and istering the program not more than the less- other tribal organizations; and ‘‘(B) such other forms of assistance as the er of— ‘‘(B) Native villages (as defined in section Director determines to be appropriate. ‘‘(A) 5 percent of the funds made available 3 of the Alaska Native Claims Settlement ‘‘(c) USES OF ASSISTANCE.—Assistance pro- to carry out this section for the fiscal year; Act (43 U.S.C. 1602)) and other Alaska Native vided under subsection (b)— or organizations.’’. ‘‘(1) shall be used— ‘‘(B)(i) for fiscal year 2003, $75,000,000; and ‘‘(A) to purchase, to the maximum extent ‘‘(ii) for each of fiscal years 2004 through (b) COST SHARING FOR EMERGENCY OPER- practicable, interoperable equipment that is 2006, $50,000,000. ATING CENTERS.—Section 614 of the Robert T. necessary to respond to incidents of ter- ‘‘(2) RECIPIENTS OF ASSISTANCE.—For each Stafford Disaster Relief and Emergency As- rorism, including incidents involving weap- fiscal year, not more than 10 percent of the sistance Act (42 U.S.C. 5196c) is amended— ons of mass destruction; funds retained by a State after application of (1) by inserting ‘‘(other than section 630)’’ ‘‘(B) to train first responders, consistent subsection (e) may be used to pay salaries after ‘‘carry out this title’’; and with guidelines and standards developed by and other administrative expenses incurred (2) by inserting ‘‘(other than section 630)’’ the Director; in administering the program. after ‘‘under this title’’.

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SEC. 5ll6. PROTECTION OF HEALTH AND SAFE- ‘‘(2) CHANGES IN PROCEDURES.—To protect 28 urban search and rescue task forces are TY OF FIRST RESPONDERS. the health and safety of first responders, the able to deploy simultaneously at least 2 Subtitle B of title VI of the Robert T. Staf- President shall make such changes in proce- teams with all necessary equipment, train- ford Disaster Relief and Emergency Assist- dures as the President determines to be nec- ing, and transportation.’’. ance Act (42 U.S.C. 5197 et seq.) (as amended essary based on the findings of a report sub- SEC. 5ll8. AUTHORIZATION OF APPROPRIA- by section 5ll5(a)) is amended by adding at mitted under paragraph (1).’’. TIONS. the end the following: SEC. 5ll7. URBAN SEARCH AND RESCUE TASK Section 626 of the Robert T. Stafford Dis- ‘‘SEC. 631. PROTECTION OF HEALTH AND SAFETY FORCES. OF FIRST RESPONDERS. aster Relief and Emergency Assistance Act Subtitle B of title VI of the Robert T. Staf- (42 U.S.C. 5197e) is amended by striking sub- ‘‘(a) DEFINITIONS.—In this section: ford Disaster Relief and Emergency Assist- ‘‘(1) FIRST RESPONDER.—The term ‘first re- section (a) and inserting the following: sponder’ has the meaning given the term in ance Act (42 U.S.C. 5197 et seq.) (as amended ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— section 630(a). by section 5ll6) is amended by adding at ‘‘(1) IN GENERAL.—There are authorized to the end the following: ‘‘(2) HARMFUL SUBSTANCE.—The term be appropriated such sums as are necessary ‘harmful substance’ means a substance that ‘‘SEC. 632. URBAN SEARCH AND RESCUE TASK to carry out this title (other than sections the President determines may be harmful to FORCES. 630 and 632). human health. ‘‘(a) DEFINITIONS.—In this section: ‘‘(2) PREPAREDNESS ASSISTANCE FOR FIRST ‘‘(3) PROGRAM.—The term ‘program’ means ‘‘(1) URBAN SEARCH AND RESCUE EQUIP- RESPONDERS.—There are authorized to be ap- a program described in subsection (b)(1). MENT.—The term ‘urban search and rescue propriated to carry out section 630— ‘‘(b) PROGRAM.— equipment’ means any equipment that the ‘‘(A) $3,340,000,000 for fiscal year 2003; and ‘‘(1) IN GENERAL.—If the President deter- Director determines to be necessary to re- ‘‘(B) $3,458,000,000 for each of fiscal years mines that 1 or more harmful substances are spond to a major disaster or emergency de- 2004 through 2006. being, or have been, released in an area that clared by the President under this Act. ‘‘(3) URBAN SEARCH AND RESCUE TASK the President has declared to be a major dis- ‘‘(2) URBAN SEARCH AND RESCUE TASK FORCES.— aster area under this Act, the President shall FORCE.—The term ‘urban search and rescue ‘‘(A) IN GENERAL.—There are authorized to carry out a program with respect to the area task force’ means any of the 28 urban search be appropriated to carry out section 632— for the protection, assessment, monitoring, and rescue task forces designated by the Di- ‘‘(i) $160,000,000 for fiscal year 2003; and and study of the health and safety of first re- rector as of the date of enactment of this ‘‘(ii) $42,000,000 for each of fiscal years 2004 sponders. section. through 2006. ‘‘(2) ACTIVITIES.—A program shall include— ‘‘(b) ASSISTANCE.— ‘‘(B) AVAILABILITY OF AMOUNTS.—Amounts ‘‘(A) collection and analysis of environ- ‘‘(1) MANDATORY GRANTS FOR COSTS OF OP- made available under subparagraph (A) shall mental and exposure data; ERATIONS.—For each fiscal year, of the remain available until expended.’’. ‘‘(B) development and dissemination of amounts made available to carry out this educational materials; section, the Director shall provide to each SA 4926. Mr. CORZINE (for himself ‘‘(C) provision of information on releases of urban search and rescue task force a grant of and Mr. JEFFORDS) submitted an a harmful substance; not less than $1,500,000 to pay the costs of op- amendment intended to be proposed to ‘‘(D) identification of, performance of base- erations of the urban search and rescue task amendment SA 4901 proposed by Mr. line health assessments on, taking biological force (including costs of basic urban search THOMPSON (for Mr. GRAMM (for himself, samples from, and establishment of an expo- and rescue equipment). sure registry of first responders exposed to a ‘‘(2) DISCRETIONARY GRANTS.—The Director Mr. MILLER, Mr. THOMPSON, Mr. harmful substance; may provide to any urban search and rescue BARKLEY, and Mr. VOINOVICH)) to the ‘‘(E) study of the long-term health impacts task force a grant, in such amount as the Di- bill H.R. 5005, to establish the Depart- of any exposures of first responders to a rector determines to be appropriate, to pay ment of Homeland Security, and for harmful substance through epidemiological the costs of— other purposes; which was ordered to studies; and ‘‘(A) operations in excess of the funds pro- lie on the table; as follows: ‘‘(F) provision of assistance to participants vided under paragraph (1); At the end of title II, add the following: in registries and studies under subpara- ‘‘(B) urban search and rescue equipment; graphs (D) and (E) in determining eligibility ‘‘(C) equipment necessary for an urban Subtitle E—Chemical Security for health coverage and identifying appro- search and rescue task force to operate in an SEC. 241. SHORT TITLE. priate health services. environment contaminated or otherwise af- This subtitle may be cited as the ‘‘(3) PARTICIPATION IN REGISTRIES AND STUD- fected by a weapon of mass destruction; ‘‘Chemical Security Act of 2002’’. IES.— ‘‘(D) training, including training for oper- SEC. 242. FINDINGS. ‘‘(A) IN GENERAL.—Participation in any ating in an environment described in sub- registry or study under subparagraph (D) or paragraph (C); Congress finds that— (E) of paragraph (2) shall be voluntary. ‘‘(E) transportation; (1) the chemical industry is a crucial part of the critical infrastructure of the United ‘‘(B) PROTECTION OF PRIVACY.—The Presi- ‘‘(F) expansion of the urban search and res- dent shall take appropriate measures to pro- cue task force; and States— tect the privacy of any participant in a reg- ‘‘(G) incident support teams, including (A) in its own right; and istry or study described in subparagraph (A). costs of conducting appropriate evaluations (B) because that industry supplies resources essential to the functioning of other ‘‘(4) COOPERATIVE AGREEMENTS.—The Presi- of the readiness of the urban search and res- dent may carry out a program through a co- cue task force. critical infrastructures; operative agreement with a medical or aca- ‘‘(3) PRIORITY FOR FUNDING.—The Director (2) the possibility of terrorist and criminal demic institution, or a consortium of such shall distribute funding under this sub- attacks on chemical sources (such as indus- institutions, that is— section so as to ensure that each urban trial facilities) poses a serious threat to pub- ‘‘(A) located in close proximity to the search and rescue task force has the capacity lic health, safety, and welfare, critical infra- major disaster area with respect to which to deploy simultaneously at least 2 teams structure, national security, and the envi- the program is carried out; and with all necessary equipment, training, and ronment; ‘‘(B) experienced in the area of environ- transportation. (3) the possibility of theft of dangerous mental or occupational health and safety, in- ‘‘(c) GRANT REQUIREMENTS.—The Director chemicals from chemical sources for use in cluding experience in— shall establish such requirements as are nec- terrorist attacks poses a further threat to ‘‘(i) conducting long-term epidemiological essary to provide grants under this section. public health, safety, and welfare, critical studies; ‘‘(d) ESTABLISHMENT OF ADDITIONAL URBAN infrastructure, national security, and the en- ‘‘(ii) conducting long-term mental health SEARCH AND RESCUE TASK FORCES.— vironment; and studies; and ‘‘(1) IN GENERAL.—Subject to paragraph (2), (4) there are significant opportunities to ‘‘(iii) establishing and maintaining envi- the Director may establish urban search and prevent theft from, and criminal attack on, ronmental exposure or disease registries. rescue task forces in addition to the 28 urban chemical sources and reduce the harm that ‘‘(c) REPORTS AND RESPONSES TO STUDIES.— search and rescue task forces in existence on such acts would produce by— ‘‘(1) REPORTS.—Not later than 1 year after the date of enactment of this section. (A)(i) reducing usage and storage of chemi- the date of completion of a study under sub- ‘‘(2) REQUIREMENT OF FULL FUNDING OF EX- cals by changing production methods and section (b)(2)(E), the President, or the med- ISTING URBAN SEARCH AND RESCUE TASK processes; and ical or academic institution or consortium of FORCES.—Except in the case of an urban (ii) employing inherently safer tech- such institutions that entered into the coop- search and rescue task force designated to nologies in the manufacture, transport, and erative agreement under subsection (b)(4), replace any urban search and rescue task use of chemicals; shall submit to the Director, the Secretary force that withdraws or is otherwise no (B) enhancing secondary containment and of Health and Human Services, the Secretary longer considered to be an urban search and other existing mitigation measures; and of Labor, and the Administrator of the Envi- rescue task force designated by the Director, (C) improving security. ronmental Protection Agency a report on no additional urban search and rescue task SEC. 243. DEFINITIONS. the study. forces may be designated or funded until the In this subtitle:

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(1) ADMINISTRATOR.—The term concern that is caused, in whole or in part, owner and each operator of a chemical ‘‘Administrator’’ means the Administrator by a criminal act; source that is within a high priority cat- of the Environmental Protection Agency. (B) a release into the environment of a cov- egory designated under paragraph (1), in con- (2) CHEMICAL SOURCE.—The term ‘‘chemical ered substance of concern that has been re- sultation with local law enforcement, first source’’ means a stationary source (as de- moved from a chemical source, in whole or responders, and employees, to— fined in section 112(r)(2) of the Clean Air Act in part, by a criminal act; and (i) conduct an assessment of the vulner- (42 U.S.C. 7412(r)(2))) that contains a sub- (C) a release or removal from a chemical ability of the chemical source to a terrorist stance of concern. source of a covered substance of concern that attack or other unauthorized release; (3) COVERED SUBSTANCE OF CONCERN.—The is unauthorized by the owner or operator of (ii) using appropriate hazard assessment term ‘‘covered substance of concern’’ means the chemical source. techniques, identify hazards that may result a substance of concern that, in combination (9) USE OF INHERENTLY SAFER TECH- from an unauthorized release of a covered with a chemical source and other factors, is NOLOGY.— substance of concern; and designated as a high priority category by the (A) IN GENERAL.—The term ‘‘use of inher- (iii) prepare a prevention, preparedness, Administrator under section 244(a)(1). ently safer technology’’, with respect to a and response plan that incorporates the re- (4) EMPLOYEE.—The term ‘‘employee’’ chemical source, means use of a technology, sults of those vulnerability and hazard as- means— product, raw material, or practice that, as sessments. (A) a duly recognized collective bargaining compared with the technologies, products, (B) ACTIONS AND PROCEDURES.—A preven- representative at a chemical source; or raw materials, or practices currently in tion, preparedness, and response plan reuse— (B) in the absence of such a representative, quired under subparagraph (A)(iii) shall in- (i) reduces or eliminates the possibility of other appropriate personnel. clude actions and procedures, including safer a release of a substance of concern from the (5) SAFER DESIGN AND MAINTENANCE.—The design and maintenance of the chemical chemical source prior to secondary contain- term ‘‘safer design and maintenance’’ in- source, to eliminate or significantly lessen ment, control, or mitigation; and cludes, with respect to a chemical source the potential consequences of an unauthor- (ii) reduces or eliminates the threats to that is within a high priority category des- ized release of a covered substance of con- public health and the environment associ- ignated under section 244(a)(1), implementa- cern. ated with a release or potential release of a tion, to the extent practicable, of the prac- (C) THREAT INFORMATION.—To the max- substance of concern from the chemical imum extent permitted by applicable au- tices of— source. (A) preventing or reducing the vulner- thorities and the interests of national secu- (B) INCLUSIONS.—The term ‘‘use of inher- rity, the Secretary, in consultation with the ability of the chemical source to an unau- ently safer technology’’ includes input sub- thorized release of a covered substance of Administrator, shall provide owners and op- stitution, catalyst or carrier substitution, erators of chemical sources with threat in- concern through use of inherently safer tech- process redesign (including reuse or recy- nology; formation relevant to the assessments and cling of a substance of concern), product re- plans required under subsection (b). (B) reducing the vulnerability of the chem- formulation, procedure simplification, and (4) REVIEW AND REVISIONS.—Not later than ical source to an unauthorized release of a technology modification so as to— covered substance of concern through use of 5 years after the date of promulgation of reg- (i) use less hazardous substances or benign ulations under each of paragraphs (1) and (3), well-maintained secondary containment, substances; the Administrator, in consultation with the control, or mitigation equipment; (ii) use a smaller quantity of covered sub- Secretary, shall review the regulations and (C) reducing the vulnerability of the chem- stances of concern; make any necessary revisions. ical source to an unauthorized release of a (iii) reduce hazardous pressures or tem- (5) ADDITION OF SUBSTANCES OF CONCERN.— covered substance of concern by imple- peratures; For the purpose of designating high priority menting security measures; and (iv) reduce the possibility and potential categories under paragraph (1) or any subse- (D) reducing the potential consequences of consequences of equipment failure and quent revision of the regulations promul- any vulnerability of the chemical source to human error; gated under paragraph (1), the Adminis- an unauthorized release of a covered sub- (v) improve inventory control and chem- trator, in consultation with the Secretary, stance of concern through the use of buffer ical use efficiency; and zones between the chemical source and sur- (vi) reduce or eliminate storage, transpor- may designate additional substances that rounding populations (including buffer zones tation, handling, disposal, and discharge of pose a serious threat as substances of con- between the chemical source and residences, substances of concern. cern. schools, hospitals, senior centers, shopping SEC. 244. DESIGNATION OF AND REQUIREMENTS (b) CERTIFICATION.— centers and malls, sports and entertainment FOR HIGH PRIORITY CATEGORIES. (1) VULNERABILITY AND HAZARD ASSESS- arenas, public roads and transportation (a) DESIGNATION AND REGULATION OF HIGH MENTS.—Not later than 1 year after the date routes, and other population centers). PRIORITY CATEGORIES BY THE ADMINIS- of promulgation of regulations under sub- (6) SECURITY MEASURE.— TRATOR.— section (a)(3), each owner and each operator (A) IN GENERAL.—The term ‘‘security meas- (1) IN GENERAL.—Not later than December of a chemical source that is within a high ure’’ means an action carried out to increase 31, 2002, the Administrator, in consultation priority category designated under sub- the security of a chemical source. with the Secretary and State and local agen- section (a)(1) shall— (B) INCLUSIONS.—The term ‘‘security meas- cies responsible for planning for and respond- (A) certify to the Administrator that the ure’’, with respect to a chemical source, ining to unauthorized releases and providing chemical source has conducted assessments cludes— emergency health care, shall promulgate in accordance with the regulations; and (i) employee training and background regulations to designate certain combina- (B) submit to the Administrator written checks; tions of chemical sources and substances of copies of the assessments. (ii) the limitation and prevention of access concern as high priority categories based on (2) PREVENTION, PREPAREDNESS, AND RE- to controls of the chemical source; the severity of the threat posed by an unau- SPONSE PLANS.—Not later than 18 months (iii) protection of the perimeter of the thorized release from the chemical sources. after the date of promulgation of regulations chemical source; (2) FACTORS TO BE CONSIDERED.—In desig- under subsection (a)(3), the owner or oper- (iv) the installation and operation of an in- nating high priority categories under para- ator shall— trusion detection sensor; and graph (1), the Administrator, in consultation (A) certify to the Administrator that the (v) a measure to increase computer or com- with the Secretary, shall consider— chemical source has completed a prevention, puter network security. (A) the severity of the harm that could be preparedness, and response plan that incor- (7) SUBSTANCE OF CONCERN.— caused by an unauthorized release; porates the results of the assessments and (A) IN GENERAL.—The term ‘‘substance of (B) the proximity to population centers; complies with the regulations; and concern’’ means— (C) the threats to national security; (B) submit to the Administrator a written (i) any regulated substance (as defined in (D) the threats to critical infrastructure; copy of the plan. section 112(r) of the Clean Air Act (42 U.S.C. (E) threshold quantities of substances of (3) 5-YEAR REVIEW.—Not later than 5 years 7412(r))); and concern that pose a serious threat; and after each of the date of submission of a copy (ii) any substance designated by the Ad- (F) such other safety or security factors as of an assessment under paragraph (1) and a ministrator under section 244(a). the Administrator, in consultation with the plan under paragraph (2), and not less often (B) EXCLUSION.—The term ‘‘substance of Secretary, determines to be appropriate. than every 3 years thereafter, the owner or concern’’ does not include liquefied petro- (3) REQUIREMENTS FOR HIGH PRIORITY CAT- operator of the chemical source covered by leum gas that is used as fuel or held for sale EGORIES.— the assessment or plan, in coordination with as fuel at a retail facility as described in sec- (A) IN GENERAL.—Not later than 1 year local law enforcement and first responders, tion 112(r)(4)(B) of the Clean Air Act (42 after the date of enactment of this Act, the shall— U.S.C. 7412(r)(4)(B)). Administrator, in consultation with the Sec- (A) review the adequacy of the assessment (8) UNAUTHORIZED RELEASE.—The term retary, the United States Chemical Safety or plan, as the case may be; and ‘‘unauthorized release’’ means— and Hazard Investigation Board, and State (B)(i) certify to the Administrator that the (A) a release from a chemical source into and local agencies described in paragraph (1), chemical source has completed the review; the environment of a covered substance of shall promulgate regulations to require each and

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.130 S14PT2 S11096 CONGRESSIONAL RECORD — SENATE November 14, 2002 (ii) as appropriate, submit to the Adminis- ment or plan described in that clause with- that actions taken by the chemical source in trator any changes to the assessment or out requiring any revision of the assessment response to the notification are insufficient. plan. or plan. (3) RELIEF.— (4) PROTECTION OF INFORMATION.— (D) SCHEDULE FOR REVIEW AND CERTIFI- (A) IN GENERAL.—On receipt of a notifica- (A) DISCLOSURE EXEMPTION.—Except with CATION.— tion under paragraph (2), the Administrator respect to certifications specified in para- (i) IN GENERAL.—The Administrator, after or the Attorney General may secure such re- graphs (1) through (3) of this subsection and taking into consideration the factors de- lief as is necessary to abate a threat de- section 245(a), all information provided to scribed in section 244(a)(2), shall establish a scribed in paragraph (1), including such or- the Administrator under this subsection, and schedule for the review and certification of ders as are necessary to protect public all information derived from that informa- assessments and plans submitted under sec- health or welfare. tion, shall be exempt from disclosure under tion 244(b). (B) JURISDICTION.—The district court of the section 552 of title 5, United States Code. (ii) DEADLINE FOR COMPLETION.—Not later United States for the district in which a (B) DEVELOPMENT OF PROTOCOLS.— than 3 years after the deadlines for the sub- threat described in paragraph (1) occurs shall (i) IN GENERAL.—The Administrator, in mission of assessments and plans under para- have jurisdiction to grant such relief as the consultation with the Secretary, shall de- graph (1) or (2), respectively, of section Administrator or Attorney General requests velop such protocols as are necessary to pro- 244(b), the Administrator shall complete the under subparagraph (A). review and certification of all assessments tect the copies of the assessments and plans SEC. 246. RECORDKEEPING AND ENTRY. required to be submitted under this sub- and plans submitted under those sections. section (including the information contained (b) COMPLIANCE ASSISTANCE.— (a) RECORDS MAINTENANCE.—A chemical in those assessments and plans) from unau- (1) DEFINITION OF DETERMINATION.—In this source that is required to certify to the Ad- thorized disclosure. subsection, the term ‘‘determination’’ means ministrator assessments and plans under section 244 shall maintain on the premises of (ii) REQUIREMENTS.—The protocols devel- a determination by the Administrator that, oped under clause (i) shall ensure that— with respect to an assessment or plan de- the chemical source a current copy of those (I) each copy of an assessment or plan, and scribed in section 244(b)— assessments and plans. all information contained in or derived from (A) the assessment or plan does not comply (b) RIGHT OF ENTRY.—In carrying out this the assessment or plan, is maintained in a with regulations promulgated under para- subtitle, the Administrator (or an authorized secure location; graphs (1) and (3) of section 244(a); or representative of the Administrator), on (II) except as provided in subparagraph (C), (B)(i) a threat exists beyond the scope of presentation of credentials— the submitted plan; or only individuals designated by the Adminis- (1) shall have a right of entry to, on, or (ii) current implementation of the plan is trator may have access to the copies of the through any premises of an owner or oper- insufficient to address— assessments and plans; and ator of a chemical source described in sub- (I) the results of an assessment of a source; (III) no copy of an assessment or plan or section (a) or any premises in which any or any portion of an assessment or plan, and no records required to be maintained under sub- (II) a threat described in clause (i). information contained in or derived from an section (a) are located; and (2) DETERMINATION BY ADMINISTRATOR.—If assessment or plan, shall be available to any (2) may at reasonable times have access to, the Administrator, after consultation with person other than an individual designated and may copy, any records, reports, or other the Secretary, makes a determination, the by the Administrator. information described in subsection (a). Administrator shall— (iii) DEADLINE.—As soon as practicable, but (c) INFORMATION REQUESTS.—In carrying (A) notify the chemical source of the deter- not later than 1 year after the date of enact- out this subtitle, the Administrator may re- mination; and ment of this Act, the Administrator shall quire any chemical source to provide such (B) provide such advice and technical as- complete the development of protocols under information as is necessary to— sistance, in coordination with the Secretary clause (i). (1) enforce this subtitle; and and the United States Chemical Safety and (C) FEDERAL OFFICERS AND EMPLOYEES.—An (2) promulgate or enforce regulations Hazard Investigation Board, as is appro- individual referred to in subparagraph (B)(ii) under this subtitle. priate— who is an officer or employee of the United (i) to bring the assessment or plan of a SEC. 247. PENALTIES. States may discuss with a State or local offi- chemical source described in section 244(b) (a) CIVIL PENALTIES.—Any owner or oper- cial the contents of an assessment or plan into compliance; or ator of a chemical source that violates, or described in that subparagraph. (ii) to address any threat described in fails to comply with, any order issued may, SEC. 245. ENFORCEMENT. clause (i) or (ii) of paragraph (1)(B). in an action brought in United States dis- (a) REVIEW OF PLANS.— (c) COMPLIANCE ORDERS.— trict court, be subject to a civil penalty of (1) IN GENERAL.—The Administrator, in (1) IN GENERAL.—If, after the date that is 30 not more than $25,000 for each day in which consultation with the Secretary, shall re- days after the later of the date on which the such violation occurs or such failure to com- view each assessment and plan submitted Administrator first provides assistance, or a ply continues. under section 244(b) to determine the compli- chemical source receives notice, under sub- (b) CRIMINAL PENALTIES.—Any owner or op- ance of the chemical source covered by the section (b)(2)(B), a chemical source has not erator of a chemical source that knowingly assessment or plan with regulations promul- brought an assessment or plan for which the violates, or fails to comply with, any order gated under paragraphs (1) and (3) of section assistance is provided into compliance with issued shall— 244(a). regulations promulgated under paragraphs (1) in the case of a first violation or failure (2) CERTIFICATION OF COMPLIANCE.— (1) and (3) of section 244(a), or the chemical to comply, be fined not less than $2,500 nor (A) IN GENERAL.—The Administrator shall source has not complied with an entry or in- more than $25,000 per day of violation, im- certify in writing each determination of the formation request under section 246, the Ad- prisoned not more than 1 year, or both; and Administrator under paragraph (1). ministrator may issue an order directing (2) in the case of a subsequent violation or (B) INCLUSIONS.—A certification of the Ad- compliance by the chemical source. failure to comply, be fined not more than ministrator shall include a checklist indi- (2) NOTICE AND OPPORTUNITY FOR HEARING.— $50,000 per day of violation, imprisoned not cating consideration by a chemical source of An order under paragraph (1) may be issued more than 2 years, or both. the use of 4 elements of safer design and only after notice and opportunity for a hear- (c) ADMINISTRATIVE PENALTIES.— maintenance described in subparagraphs (A) ing. (1) PENALTY ORDERS.—If the amount of a through (D) of section 243(6). (d) ABATEMENT ACTION.— civil penalty determined under subsection (C) EARLY COMPLIANCE.— (1) IN GENERAL.—Notwithstanding a certifi- (a) does not exceed $125,000, the penalty may (i) IN GENERAL.—The Administrator, in cation under section 245(a)(2), if the Sec- be assessed in an order issued by the Admin- consultation with the head of the Office, retary, in consultation with local law en- istrator. shall— forcement officials and first responders, de- (2) NOTICE AND HEARING.—Before issuing an (I) before the date of publication of pro- termines that a threat of a terrorist attack order described in paragraph (1), the Admin- posed regulations under section 244(a)(3), re- exists that is beyond the scope of a sub- istrator shall provide to the person against view each assessment or plan submitted to mitted prevention, preparedness, and re- which the penalty is to be assessed— the Administrator under section 244(b); and sponse plan of 1 or more chemical sources, or (A) written notice of the proposed order; (II) before the date of promulgation of final current implementation of the plan is insuf- and regulations under section 244(a)(3), deter- ficient to address the results of an assess- (B) the opportunity to request, not later mine whether each such assessment or plan ment of a source or a threat described in sub- than 30 days after the date on which the no- meets the consultation, planning, and assess- section (b)(1)(B)(i), the Secretary shall notify tice is received by the person, a hearing on ment requirements applicable to high pri- each chemical source of the elevated threat. the proposed order. ority categories under section 244(a)(3). (2) INSUFFICIENT RESPONSE.—If the Sec- (ii) AFFIRMATIVE DETERMINATION.—If the retary determines that a chemical source SEC. 248. NO EFFECT ON REQUIREMENTS UNDER Administrator, in consultation with the head has not taken appropriate action in response OTHER LAW. of the Office, makes an affirmative deter- to a notification under paragraph (1), the Nothing in this subtitle affects any duty or mination under clause (i)(II), the Adminis- Secretary shall notify the chemical source, other requirement imposed under any other trator shall certify compliance of an assess- the Administrator, and the Attorney General Federal or State law.

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SEC. 249. AUTHORIZATION OF APPROPRIATIONS. SEC. 510. JOINT SPONSORSHIP ARRANGEMENTS. ATION.—Following receipt of recommenda- There are authorized to be appropriated The Secretary may enter into joint spon- tions, if any, from employee representatives such sums as are necessary to carry out this sorship arrangements under section 309(b) for with respect to a proposal described in sub- subtitle. sites used for emergency preparedness and paragraph (A), the Secretary and the Direc- response training. tor shall accept such modifications to the SA 4927. Mr. SCHUMER submitted an proposal in response to the recommendations amendment intended to be proposed to SA 4930. Mr. LIEBERMAN submitted as they determine advisable and shall, with amendment SA 4901 proposed by Mr. an amendment intended to be proposed respect to any parts of the proposal as to THOMPSON (for Mr. GRAMM (for himself, to amendment SA 4901 proposed by Mr. which they have not accepted the rec- Mr. MILLER, Mr. THOMPSON, Mr. THOMPSON (for Mr. GRAMM (for himself, ommendations— ‘‘(i) notify Congress of those parts of the BARKLEY, and Mr. VOINOVICH)) to the Mr. MILLER, Mr. THOMPSON, Mr. bill H.R. 5005, to establish the Depart- proposal, together with the recommenda- BARKLEY, and Mr. VOINOVICH)) to the tions of employee representatives; ment of Homeland Security, and for bill H.R. 5005, to establish the Depart- ‘‘(ii) meet and confer for not less than 30 other purposes; which was ordered to ment of Homeland Security, and for calendar days with any representatives who lie on the table; as follows: other purposes, which was ordered to have made recommendations, in order to at- On page 86, strike lines 18 through 23, and lie on the table; as follows: tempt to reach agreement on whether or how insert the following: On page 248, line 1, between ‘‘59,’’ and ‘‘72,’’ to proceed with those parts of the proposal; (B) advance the development, testing and add ‘‘71,’’. and evaluation, and deployment of critical home- ‘‘(iii) at the Secretary’s option, or if re- land security technologies; SA 4931. Mr. LIEBERMAN submitted quested by a majority of the employee rep- (C) accelerate the prototyping and deploy- an amendment intended to be proposed resentatives who have made recommenda- ment of technologies that would address tions, use the services of the Federal Medi- homeland security vulnerabilities; and to amendment SA 4901 proposed by Mr. ation and Conciliation Service during such (D) to support the development of— THOMPSON (for Mr. GRAMM (for himself, meet and confer period to facilitate the proc- (i) methods to increase the ability of the Mr. MILLER, Mr. THOMPSON, Mr. ess of attempting to reach agreement. Customs Service to inspect, or target for in- BARKLEY, and Mr. VOINOVICH)) to the ‘‘(C) IMPLEMENTATION.— spection, merchandise carried on any vessel bill H.R. 5005, to establish the Depart- ‘‘(i) Any part of the proposal as to which that will arrive or has arrived at any port or ment of Homeland Security, and for the representatives do not make a rec- place in the United States; other purposes; which was ordered to ommendation, or as to which their rec- (ii) equipment to accurately detect explo- ommendations are accepted by the Secretary sives, or chemical and biological agents that lie on the table; as follows: and the Director, may be implemented im- could be used to commit terrorist acts In the amendment strike from page 248 mediately. against the United States; through page 260 and insert the following: ‘‘(ii) With respect to any parts of the pro- (iii) equipment to accurately detect nu- (b) TABLE OF CONTENTS.—The table of con- posal as to which recommendations have clear materials, including scintillation-based tents for this Act is as follows: been made but not accepted by the Secretary detection equipment capable of attachment ‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and and the Director, at any time after 30 cal- to spreaders to signal the presence of nuclear 79, and this chapter. endar days have elapsed since the initiation materials during the unloading of con- ‘‘(d) LIMITATIONS RELATING TO PAY.—Noth- of the congressional notification, consulta- tainers; ing in this section shall constitute author- tion, and mediation procedures set forth in (iv) improved tags and seals designed for ity— subparagraph (B), if the Secretary deter- use on shipping containers to track the ‘‘(1) to modify the pay of any employee mines, in the Secretary’s sole and transportation of the merchandise in such who serves in— unreviewable discretion, that further con- containers, including ‘‘smart sensors’’ that ‘‘(A) an Executive Schedule position under sultation and mediation is unlikely to are able to track a container throughout its subchapter II of chapter 53 of title 5, United produce agreement, the Secretary may im- entire supply chain, detect hazardous and ra- States Code; or plement any or all of such parts, including dioactive materials within that container, ‘‘(B) a position for which the rate of basic any modifications made in response to the and transmit such information to the appro- pay is fixed in statute by reference to a sec- recommendations as the Secretary deter- priate authorities at a remote location; tion or level under subchapter II of chapter mines advisable. (v) tools to mitigate the consequences of a 53 of such title 5; ‘‘(iii) The Secretary shall promptly notify terrorist act at a port of the United States, ‘‘(2) to fix pay for any employee or position Congress of the implementation of any part including a network of sensors to predict the at an annual rate greater than the maximum of the proposal and shall furnish with such dispersion of radiological, chemical, or bio- amount of cash compensation allowable notice an explanation of the proposal, any logical agents that might be intentionally or under section 5307 of such title 5 in a year; or changes made to the proposal as a result of accidentally released; and ‘‘(3) to exempt any employee from the ap- recommendations from employee representa- (vi) applications to apply existing tech- plication of such section 5307. tives, and of the reasons why implementa- nologies from other industries to increase ‘‘(e) PROVISIONS TO ENSURE COLLABORATION tion is appropriate under this subparagraph. overall port security. WITH EMPLOYEE REPRESENTATIVES.— ‘‘(D) CONTINUING COLLABORATION.—If a pro- ‘‘(1) IN GENERAL.—In order to ensure that posal described in subparagraph (A) is imple- SA 4928. Mr. LEVIN submitted an the authority of this section is exercised in mented, the Secretary and the Director amendment intended to be proposed to collaboration with, and in a manner that en- shall— amendment SA 4901 proposed by Mr. sures the participation of employee rep- ‘‘(i) develop a method for each employee resentatives in the planning, development, representative to participate in any further THOMPSON (for Mr. GRAMM (for himself, and implementation of any human resources planning or development which might be- Mr. MILLER, Mr. THOMPSON, Mr. management system or adjustments to such come necessary; and BARKLEY, and Mr. VOINOVICH)) to the system under this section, the Secretary of ‘‘(ii) give each employee representative bill H.R. 5005, to establish the Depart- Homeland Security and the Director of the adequate access to information to make that ment of Homeland Security, and for Office of Personnel Management shall pro- participation productive. other purposes; which was ordered to vide for the following: ‘‘(2) PROCEDURES.—Any procedures nec- lie on the table; as follows: ‘‘(A) NOTICE OF PROPOSAL.—The Secretary essary to carry out this subsection shall be On page 246, line 21, strike ‘‘and’’ and in- and the Director shall, with respect to any established by the Secretary and the Direc- sert ‘‘or’’. proposed system or adjustment— tor jointly as internal rules of departmental On page 246, line 24, strike ‘‘and’’ and in- ‘‘(i) provide to each employee representa- procedure which shall not be subject to re- sert ‘‘or’’. tive representing any employees who might view. Such procedures shall include meas- be affected, a written description of the pro- ures to ensure— SA 4929. Mr. REID submitted an posed system or adjustment (including the ‘‘(A) in the case of employees within a unit amendment intended to be proposed to reasons why it is considered necessary); with respect to which a labor organization is amendment SA 4901 proposed by Mr. ‘‘(ii) give each representative 30 calendar accorded exclusive recognition, representa- THOMPSON (for Mr. GRAMM (for himself, days (unless extraordinary circumstances re- tion by individuals designated or from Mr. MILLER, Mr. THOMPSON, Mr. quire earlier action) to review and make rec- among individuals nominated by such orga- ommendations with respect to the proposal; nization; BARKLEY, and Mr. VOINOVICH)) to the and ‘‘(B) in the case of any employees who are bill H.R. 5005, to establish the Depart- ‘‘(iii) give any recommendations received not within such a unit, representation by ment of Homeland Security, and for from any such representatives under clause any appropriate organization which rep- other purposes; which was ordered to (ii) full and fair consideration in deciding resents a substantial percentage of those em- lie on the table; as follows: whether or how to proceed with the proposal. ployees or, if none, in such other manner as On page 208, insert between lines 7 and 8 ‘‘(B) PRE-IMPLEMENTATION CONGRESSIONAL may be appropriate, consistent with the pur- the following: NOTIFICATION, CONSULTATION, AND MEDI- poses of the subsection;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.130 S14PT2 S11098 CONGRESSIONAL RECORD — SENATE November 14, 2002 ‘‘(C) the fair and expeditious handling of title 5, United States Code, and who, without SEC. 841. ESTABLISHMENT OF HUMAN RE- the consultation and mediation process de- a break in service, is appointed in the De- SOURCES MANAGEMENT SYSTEM. scribed in subparagraph (B) of paragraph (1), partment to a position having duties com- (a) AUTHORITY.— including procedures by which, if the number parable to the duties performed immediately (1) SENSE OF CONGRESS.—It is the sense of of employee representatives providing rec- preceding such appointment shall continue Congress that— ommendations exceeds 5, such representa- to be compensated in such new position at (A) it is extremely important that employ- tives select a committee or other unified not less than the rate provided for such posi- ees of the Department be allowed to partici- representative with which the Secretary and tion, for the duration of the service of such pate in a meaningful way in the creation of Director may meet and confer; and person in such new position. any human resources management system ‘‘(D) the selection of representatives in a (3) COORDINATION RULE.—Any exercise of affecting them; manner consistent with the relative number authority under chapter 97 of title 5, United (B) such employees have the most direct of employees represented by the organiza- States Code (as amended by subsection (a)), knowledge of the demands of their jobs and tions or other representatives involved. including under any system established have a direct interest in ensuring that their human resources management system is con- ‘‘(f) PROVISIONS RELATING TO APPELLATE under such chapter, shall be in conformance ducive to achieving optimal operational effi- PROCEDURES.— with the requirements of this subsection. ciencies; (1) SENSE OF CONGRESS.—It is the sense of Congress that— SA 4932. Mr. BYRD submitted an (C) the 21st century human resources man- ‘‘(A) employees of the Department are en- amendment intended to be proposed to agement system envisioned for the Depart- titled to fair treatment in any appeals that amendment SA 4901 proposed by Mr. ment should be one that benefits from the input of its employees; and they bring in decisions relating to their em- THOMPSON (for Mr. GRAMM (for himself, (D) this collaborative effort will help se- ployment; and Mr. MILLER, Mr. THOMPSON, Mr. cure our homeland. ‘‘(B) in prescribing regulations for any BARKLEY, and Mr. VOINOVICH)) to the (2) IN GENERAL.—Subpart I of part III of such appeals procedures, the Secretary and bill H.R. 5005, to establish the Depart- title 5, United States Code, is amended by the Director of the Office of Personnel Man- ment of Homeland Security, and for adding at the end the following: agement— ‘‘(i) should ensure that employees of the other purposes; which was ordered to ‘‘CHAPTER 97—DEPARTMENT OF Department are afforded the protections of lie on the table; as follows: HOMELAND SECURITY due process; and On page 268, strike line 19 and all that ‘‘Sec. ‘‘(ii) toward that end, should be required to follows through page 280, line 5. ‘‘9701. Establishment of human resources consult with the Merit Systems Protection management system by the Board before issuing any such regulations. SA 4933. Mr. BYRD submitted an Secretary. ‘‘9702. Establishment of human resources ‘‘(2) REQUIREMENTS.—Any regulations amendment intended to be proposed to under this section which relate to any mat- amendment SA 4901 proposed by Mr. management system by the ters within the purview of chapter 77— THOMPSON (for Mr. GRAMM (for himself, President. ‘‘(A) shall be issued only after consultation Mr. MILLER, Mr. THOMPSON, Mr. ‘‘§ 9701. Establishment of human resources management system by the Secretary with the Merit Systems Protection Board; BARKLEY, and Mr. VOINOVICH)) to the ‘‘(B) shall ensure the availability of proce- bill H.R. 5005, to establish the Depart- ‘‘(a) IN GENERAL.—Notwithstanding any dures which shall— other provision of this part, the Secretary of ment of Homeland Security, and for Homeland Security may, in regulations pre- ‘‘(i) be consistent with requirements of due other purposes; which was ordered to process; and scribed jointly with the Director of the Of- ‘‘(ii) provide, to the maximum extent prac- lie on the table; as follows: fice of Personnel Management, establish, and ticable, for the expeditious handling of any On page 302, strike line 21 and all that from time to time adjust, a human resources matters involving the Department; and follows through page 303, line 19. management system for some or all of the ‘‘(C) shall modify procedures under chapter organizational units of the Department of 77 only insofar as such modifications are de- SA 4934. Mr. BYRD submitted an Homeland Security. ‘‘(b) SYSTEM REQUIREMENTS.—Any system signed to further the fair, efficient, and expe- amendment intended to be proposed to established under subsection (a) shall— ditious resolution of matters involving the amendment SA 4901 proposed by Mr. ‘‘(1) be flexible; employees of the Department. THOMPSON (for Mr. GRAMM (for himself, ‘‘(2) be contemporary; ‘‘(g) PROVISIONS RELATING TO LABOR-MAN- Mr. MILLER, Mr. THOMPSON, Mr. ‘‘(3) not waive, modify, or otherwise af- AGEMENT RELATIONS.—Nothing in this sec- BARKLEY, and Mr. VOINOVICH)) to the fect— tion shall be construed as conferring author- bill H.R. 5005, to establish the Depart- ‘‘(A) the public employment principles of ity on the Secretary of Homeland Security ment of Homeland Security, and for merit and fitness set forth in section 2301, in- to modify any of the provisions of section 842 other purposes; which was ordered to cluding the principles of hiring based on of the Homeland Security Act of 2002. lie on the table; as follows: merit, fair treatment without regard to po- ‘‘(h) SUNSET PROVISION.—Effective 5 years litical affiliation or other nonmerit consider- after the conclusion of the transition period On page 60, line 8, strike all through ‘‘(5 U.S.C. 2 App.))’’ on line 9. ations, equal pay for equal work, and protec- defined under section 1501 of the Homeland tion of employees against reprisal for whis- Security Act of 2002, all authority to issue SA 4935. Mr. BYRD submitted an tleblowing; regulations under this section (including reg- amendment intended to be proposed to ‘‘(B) any provision of section 2302, relating ulations which would modify, supersede, or to prohibited personnel practices; terminate any regulations previously issued amendment SA 4901 proposed by Mr. THOMPSON (for Mr. GRAMM (for himself, ‘‘(C)(i) any provision of law referred to in under this section) shall cease to be avail- section 2302(b)(1); or Mr. MILLER, Mr. THOMPSON, Mr. able.’’. ‘‘(ii) any provision of law implementing (3) TECHNICAL AND CONFORMING AMEND- BARKLEY, and Mr. VOINOVICH)) to the any provision of law referred to in section MENT.—The table of chapters for part III of bill H.R. 5005, to establish the Depart- 2302(b)(1) by— title 5, United States Code, is amended by ment of Homeland Security, and for ‘‘(I) providing for equal employment oppor- adding at the end of the following: other purposes; which was ordered to tunity through affirmative action; or ‘‘97. Department of Homeland Secu- lie on the table; as follows: ‘‘(II) providing any right or remedy avail- rity ...... 9701’’. On page 280, beginning on line 11, strike able to any employee or applicant for em- (b) EFFECT ON PERSONNEL.— ‘‘An advisory committee established under ployment in the civil service; (1) NONSEPARATION OR NONREDUCTION IN this section’’ and all that follows through ‘‘(D) any other provision of this part (as GRADE OR COMPENSATION OF FULL-TIME PER- line 24. described in subsection (c)); or SONNEL AND PART-TIME PERSONNEL HOLDING ‘‘(E) any rule or regulation prescribed PERMANENT POSITIONS.—Except as otherwise SA 4936. Mr. SPECTER submitted an under any provision of law referred to in any provided in this Act, the transfer under this amendment intended to be proposed to of the preceding subparagraphs of this para- Act of full-time personnel (except special amendment SA 4901 proposed by Mr. graph; Government employees) and part-time per- THOMPSON (for Mr. GRAMM (for himself, ‘‘(4) ensure that employees may organize, sonnel holding permanent positions shall not Mr. MILLER, Mr. THOMPSON, Mr. bargain collectively, and participate through cause any such employee to be separated or BARKLEY, and Mr. VOINOVICH)) to the labor organizations of their own choosing in reduced in grade or compensation for 1 year bill H.R. 5005, to establish the Depart- decisions which affect them, subject to any after the date of transfer to the Department. exclusion from coverage or limitation on ne- (2) POSITIONS COMPENSATED IN ACCORDANCE ment of Homeland Security, and for gotiability established by law; and WITH EXECUTIVE SCHEDULE.—Any person who, other purposes; which was ordered to ‘‘(5) permit the use of a category rating on the day preceding such person’s date of lie on the table; as follows: system for evaluating applicants for posi- transfer pursuant to this Act, held a position On page 244, strike line 19 and all that fol- tions in the competitive service. compensated in accordance with the Execu- lows through page 260, line 23, and insert the ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The tive Schedule prescribed in chapter 53 of following: other provisions of this part, as referred to

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.135 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11099 in subsection (b)(3)(D), are (to the extent not accorded exclusive recognition, representa- ‘‘(3) the mission and responsibilities of the otherwise specified in subparagraph (A), (B), tion by individuals designated or from affected agency or subdivision have materi- (C), or (D) of subsection (b)(3))— among individuals nominated by such orga- ally changed; and ‘‘(1) subparts A, B, E, G, and H of this part; nization; ‘‘(4) a majority of the employees within and ‘‘(B) in the case of any employees who are that agency or subdivision have, as their pri- ‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and not within such a unit, representation by mary duty, intelligence, counterintelligence, 79, and this chapter. any appropriate organization which rep- or investigative work directly related to ter- ‘‘(d) LIMITATIONS RELATING TO PAY.—Noth- resents a substantial percentage of those em- rorism investigation.’’. ing in this section shall constitute author- ployees or, if none, in such other manner as (3) CLERICAL AMENDMENT.—The table of ity— may be appropriate, consistent with the pur- chapters for part III of title 5, United States ‘‘(1) to modify the pay of any employee poses of the subsection; and Code, is amended by adding at the end of the who serves in— ‘‘(C) the selection of representatives in a following: ‘‘(A) an Executive Schedule position under manner consistent with the relative number ‘‘97. Department of Homeland Secu- subchapter II of chapter 53 of title 5, United of employees represented by the organiza- rity ...... 9701’’. States Code; or tions or other representatives involved. (b) EFFECT ON PERSONNEL.— ‘‘(B) a position for which the rate of basic ‘‘(3) WRITTEN AGREEMENT.—Notwith- (1) NONSEPARATION OR NONREDUCTION IN pay is fixed in statute by reference to a sec- standing any other provision of this part, GRADE OR COMPENSATION OF FULL-TIME PER- tion or level under subchapter II of chapter employees within a unit to which a labor or- SONNEL AND PART-TIME PERSONNEL HOLDING 53 of such title 5; ganization is accorded exclusive recognition PERMANENT POSITIONS.—Except as otherwise ‘‘(2) to fix pay for any employee or position under chapter 71 shall not be subject to any provided in this Act, the transfer pursuant to at an annual rate greater than the maximum system provided under this section unless this Act of full-time personnel (except spe- amount of cash compensation allowable the exclusive representative and the Sec- cial Government employees) and part-time under section 5307 of such title 5 in a year; or retary have entered into a written agree- personnel holding permanent positions shall ‘‘(3) to exempt any employee from the ap- ment, which specifically provides for the in- not cause any such employee to be separated plication of such section 5307. clusion of such employees within such sys- or reduced in grade or compensation for one ‘‘(e) PROVISIONS TO ENSURE COLLABORATION tem. Such written agreement may be im- year after the date of transfer to the Depart- WITH EMPLOYEE REPRESENTATIVES.— posed by the Federal Service Impasses Panel ment. ‘‘(1) IN GENERAL.—In order to ensure that under section 7119, after negotiations con- (2) POSITIONS COMPENSATED IN ACCORDANCE the authority of this section is exercised in sistent with section 7117. WITH EXECUTIVE SCHEDULE.—Any person who, collaboration with, and in a manner that en- ‘‘(f) PROVISIONS RELATING TO APPELLATE on the day preceding such person’s date of sures the direct participation of employee PROCEDURES.— transfer pursuant to this Act, held a position representatives in the planning development, ‘‘(1) SENSE OF CONGRESS.—It is the sense of and implementation of any human resources Congress that— compensated in accordance with the Execu- management system or adjustments under ‘‘(A) employees of the Department are en- tive Schedule prescribed in chapter 53 of this section, the Secretary and the Director titled to fair treatment in any appeals that title 5, United States Code, and who, without of the Office of Personnel Management shall they bring in decisions relating to their em- a break in service, is appointed in the De- provide for the following: ployment; and partment to a position having duties com- ‘‘(A) NOTICE OF PROPOSAL.— The Secretary ‘‘(B) in prescribing regulations for any parable to the duties performed immediately and the Director shall, with respect to any such appeals procedures, the Secretary and preceding such appointment shall continue proposed system or adjustment— the Director of the Office of Personnel Man- to be compensated in such new position at ‘‘(i) provide to each employee representa- agement— not less than the rate provided for such positive representing any employees who might ‘‘(i) should ensure that employees of the tion, for the duration of the service of such be affected, a written description of the pro- Department are afforded the protections of person in such new position. posed system or adjustment (including the due process; and (3) COORDINATION RULE.—Any exercise of reasons why it is considered necessary); ‘‘(ii) toward that end, should be required to authority under chapter 97 of title 5, United ‘‘(ii) give each representative at least 60 consult with the Merit Systems Protection States Code (as amended by subsection (a)), days (unless extraordinary circumstances re- Board before issuing any such regulations. including under any system established quire earlier action) to review and make rec- ‘‘(2) REQUIREMENTS.—Any regulations under such chapter, shall be in conformance ommendations with respect to the proposal; under this section which relate to any mat- with the requirements of this subsection. and ters within the purview of chapter 77— SEC. 842. LABOR-MANAGEMENT RELATIONS. ‘‘(iii) give any recommendations received ‘‘(A) shall be issued only after consultation (a) EXCLUSIONARY AUTHORITY.— from any such representatives under clause with the Merit Systems Protection Board; (1) IN GENERAL.—Subject to paragraph (2), (ii) full and fair consideration in deciding ‘‘(B) shall ensure the availability of proce- the President may issue an order excluding whether or how to proceed with the proposal. dures which shall— any executive agency, or subdivision thereof, ‘‘(B) PREIMPLEMENTATION REQUIREMENTS.— ‘‘(i) be fully consistent with requirements from coverage under chapter 71 of title 5, If the Secretary and the Director decide to of due process; and United States Code, if the President deter- implement a proposal described in subpara- ‘‘(ii) provide, to the maximum extent prac- mines that— graph (A), they shall before implementa- ticable, for the expeditious handling of any (A) the agency or subdivision has, as a pri- tion— matters involving the Department; and mary function, intelligence, counterintel- ‘‘(i) give each representative details of the ‘‘(C) shall modify procedures under chapter ligence, investigative, or national security decision to implement the proposal, together 77 only insofar as such modifications are de- work; and with the information upon which the deci- signed to further the fair, efficient, and expe- (B) the provisions of such chapter 71 can- sion is based; ditious resolution of matters involving the not be applied to that agency or subdivision ‘‘(ii) give each representative an oppor- employees of the Department. in a matter consistent with national secu- tunity to make recommendations with re- ‘‘(g) SUNSET PROVISION.—Effective 5 years rity requirements and considerations. spect to the proposal; and after the conclusion of the transition period (2) ADDITIONAL DETERMINATION.—In addi- ‘‘(iii) give such recommendation full and defined under section 1501 of the Homeland tion to the requirements under paragraph fair consideration, including the providing of Security Act of 2002, all authority to issue (1), the President may issue an order exclud- reasons to an employee representative if any regulations under this section (including reg- ing any executive agency, or subdivision of its recommendations are rejected. ulations which would modify, supersede, or thereof, transferred to the Department under ‘‘(C) CONTINUING COLLABORATION.—If a pro- terminate any regulations previously issued this Act, from coverage under chapter 71 of posal described in subparagraph (A) is imple- under this section and section 9702) shall title 5, United States Code, only if the Presi- mented, the Secretary and the Director cease to be available. dent determines that— shall— ‘‘§ 9702. Determination by the President (A) the mission and responsibilities of the ‘‘(i) develop a method for each employee ‘‘The authority under section 9701 to estab- agency or subdivision materially change; and representative to participate in any further lish or impose a human resources manage- (B) a majority of the employees within planning or development which might be- ment system shall be exercised only when such agency or subdivision have, as their pri- come necessary; and the President issues an order determining mary duty, intelligence, counterintelligence, ‘‘(ii) give each employee representative that— or investigative work directly related to ter- adequate access to information to make that ‘‘(1) the affected agency or subdivision has, rorism investigation. participation productive. as a primary function, intelligence, counter- (3) EXCLUSIONS ALLOWABLE.—Nothing in ‘‘(2) PROCEDURES.—Any procedures nec- intelligence, investigative, or national secu- paragraph (1) or (2) shall affect the effective- essary to carry out this subsection shall be rity work; ness of any order to the extent that such established by the Secretary and the Direc- ‘‘(2) the provisions of chapter 43, 51, 53, 71, order excludes any portion of an agency or tor jointly. Such procedures shall include 75, or 77 or of the imposed agreement cannot subdivision of an agency as to which— measures to ensure— be applied to that agency or subdivision in a (A) recognition as an appropriate unit has ‘‘(A) in the case of employees within a unit manner consistent with national security re- never been conferred for purposes of chapter with respect to which a labor organization is quirements and considerations; 71 of title 5, United States Code; or

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(B) any such recognition has been revoked (A) DEFINITION.—In this paragraph, the (A) introduced (by request) in the House by or otherwise terminated as a result of a de- term ‘‘regulation or other action’’ means a the chairman of the Government Reform termination under subsection (b)(1). regulation, rule, order, policy, determina- Committee of the House, or by a Member or (b) PROVISIONS RELATING TO BARGAINING tion, directive, authorization, permit, privi- Members of the House designated by such UNITS.—Each unit, which is recognized as an lege, requirement, designation, or other ac- chairman; and appropriate unit for purposes of chapter 71 of tion. (B) introduced (by request) in the Senate title 5, United States Code, as of the day be- (B) EFFECT.—A statute enacted, and a reg- by the chairman of the Governmental Affairs fore the effective date of this Act (and any ulation or other action made, prescribed, Committee of the Senate, or by a Member or subdivision of any such unit) shall, if such issued, granted, or performed in respect of or Members of the Senate designated by such unit (or subdivision) is transferred to the De- by an agency or function affected by a reor- chairman. partment under this Act, continue to be so ganization under this section, before the ef- (2) REFERRAL.—A resolution with respect recognized for such purposes, unless— fective date of the reorganization, has, ex- to a reorganization plan shall be referred to (1) the mission and responsibilities of the cept to the extent rescinded, modified, super- the Committee on Governmental Affairs of personnel in such unit (or subdivision), or seded, or made inapplicable by or under au- the Senate and the Committee on Govern- the threats of domestic terrorism being ad- thority of law or by the abolition of a func- ment Reform of the House (and all resolu- dressed by the personnel in such unit (or sub- tion, the same effect as if the reorganization tions with respect to the same plan shall be division), materially change; and had not been made. However, if the statute, referred to the same committee) by the (2) a substantial number of the employees regulation, or other action has vested the President of the Senate or the Speaker of the within such unit (or subdivision) have as functions in the agency from which it is re- House of Representatives, as the case may their primary duty intelligence, counter- moved under the reorganization plan, the be. The committee shall make its rec- intelligence, or investigative work directly function, insofar as it is to be exercised after ommendations to the House of Representa- related to terrorism investigation. the plan becomes effective, shall be deemed tives or the Senate, respectively, within 75 (c) WAIVER.—If the President determines as vested in the agency under which the calendar days of continuous session of Con- that the application of subsections (a) and function is placed in the plan. gress following the date of such resolution’s (b), would have a substantial adverse impact (2) PENDING LEGAL PROCEEDINGS.—A suit, introduction. on the ability of the Department to protect action, or other proceeding lawfully com- (i) DISCHARGE OF COMMITTEE CONSIDERING homeland security, the President may waive menced by or against the head of an agency RESOLUTION.—If the committee to which is the application of such subsections 10 days or other officer of the United States, in the referred a resolution introduced pursuant to after the President has submitted to Con- officer’s official capacity or in relation to subsection (h)(1) has not reported such a res- gress a written explanation of the reasons the discharge of the officer’s official duties, olution or identical resolution at the end of for such determination. does not abate by reason of the taking effect 75 calendar days of continuous session of (d) COORDINATION RULE.—No other provi- of a reorganization plan under this section. Congress after its introduction, such com- sion of this Act or of any amendment made On motion or supplemental petition filed at mittee shall be deemed to be discharged from by this Act may be construed or applied in a any time within 12 months after the reorga- further consideration of such resolution and manner so as to limit, supersede, or other- nization plan takes effect, showing a neces- such resolution shall be placed on the appro- wise affect the provisions of this section, ex- sity for a survival of the suit, action, or priate calendar of the House involved. cept to the extent that it does so by specific other proceeding to obtain a settlement of (j) PROCEDURE AFTER REPORT OR DIS- reference to this section. the questions involved, the court may allow CHARGE OF COMMITTEES; DEBATE; VOTE ON the suit, action, or other proceeding to be FINAL PASSAGE.— SA 4937. Mr. BYRD submitted an maintained by or against the successor of (1) PROCEDURE.—When the committee has amendment intended to be proposed to the head or officer under the reorganization reported, or has been deemed to be dis- amendment SA 4901 proposed by Mr. effected by the plan or, if there is no suc- charged (under subsection (i)) from further THOMPSON (for Mr. GRAMM (for himself, cessor, against such agency or officer as the consideration of, a resolution with respect to President designates. Mr. MILLER, Mr. THOMPSON, Mr. a reorganization plan, it is at any time (f) RULES OF SENATE AND HOUSE OF REP- BARKLEY, and Mr. VOINOVICH)) to the thereafter in order (even though a previous RESENTATIVES ON REORGANIZATION PLANS.— bill H.R. 5005, to establish the Depart- motion to the same effect has been disagreed Subsections (g) through (j) are enacted by to) for any Member of the respective House ment of Homeland Security, and for Congress— to move to proceed to the consideration of other purposes; which was ordered to (1) as an exercise of the rulemaking power the resolution. The motion is highly privi- lie on the table; as follows: of the Senate and the House of Representa- leged and is not debatable. The motion shall On page 451, strike line 17 and all that fol- tives, respectively, and as such they are not be subject to amendment, or to any mo- lows through page 452, line 12, and insert the deemed a part of the rules of each House, re- tion to postpone, or a motion to proceed to following: spectively, but applicable only with respect the consideration of other business. A mo- (d) EFFECTIVE DATE AND PUBLICATION OF to the procedure to be followed in that House tion to reconsider the vote by which the mo- REORGANIZATION PLANS.— in the case of resolutions with respect to any tion is agreed to or disagreed to shall not be (1) EFFECTIVE DATE.—Except as provided reorganization plans transmitted to Con- in order. If a motion to proceed to the con- under paragraph (3), a reorganization plan gress (in accordance with subsection (a)); and sideration of the resolution is agreed to, the shall be effective upon approval by the Presi- they supersede other rules only to the extent resolution shall remain the unfinished busi- dent of a resolution (as defined in subsection that they are inconsistent therewith; and ness of the respective House until disposed (g)) with respect to such plan, only if such (2) with the full recognition of the con- of. resolution is passed by the House of Rep- stitutional right of either House to change (2) DEBATE.—Debate on the resolution, and resentatives and the Senate, within the first the rules (so far as relating to the procedure on all debatable motions and appeals in con- period of 90 calendar days of continuous ses- of that House) at any time, in the same man- nection therewith, shall be limited to not sion of Congress after the date on which the ner and to the same extent as in the case of more than 10 hours, which shall be divided plan is transmitted to Congress. any other rule of that House. equally between individuals favoring and in- (2) SESSION OF CONGRESS.—For the purpose (g) TERMS OF RESOLUTION.—For the pur- dividuals opposing the resolution. A motion of this section— poses of subsections (f) through (j), further to limit debate is in order and not (A) continuity of session is broken only by ‘‘resolution’’ means only a joint resolution debatable. An amendment to, or a motion to an adjournment of Congress sine die; and of Congress, the matter after the resolving recommit the resolution is not in order. A (B) the days on which either House is not clause of which is as follows: ‘‘That Congress motion to reconsider the vote by which the in session because of an adjournment of more approves the reorganization plan trans- resolution is passed or rejected shall not be than 3 days to a day certain are excluded in mitted to Congress by the President on in order. the computation of any period of time in llllll, 20ll.’’, and includes such modi- (3) VOTE ON FINAL PASSAGE.—Immediately which Congress is in continuous session. fications and revisions as are submitted by following the conclusion of the debate on the (3) LATER EFFECTIVE DATE.—Under provi- the President under subsection (c). The resolution with respect to a reorganization sions contained in a reorganization plan, any blank spaces therein are to be filled appro- plan, and a single quorum call at the conclu- provision thereof may be effective at a time priately. The term does not include a resolu- sion of the debate if requested in accordance later than the date on which the plan other- tion which specifies more than 1 reorganiza- with the rules of the appropriate House, the wise is effective. tion plan. vote on final passage of the resolution shall (4) PUBLICATION OF PLAN.—A reorganization (h) INTRODUCTION AND REFERENCE OF RESO- occur. plan which is effective shall be printed— LUTION.— (4) APPEALS.—Appeals from the decisions (A) in the Statutes at Large in the same (1) INTRODUCTION.—No later than the first of the Chair relating to the application of volume as the public laws; and day of session following the day on which a the rules of the Senate or the House of Rep- (B) in the Federal Register. reorganization plan is transmitted to the resentatives, as the case may be, to the pro- (e) EFFECT ON OTHER LAWS; PENDING LEGAL House of Representatives and the Senate cedure relating to a resolution with respect PROCEEDINGS.— under subsection (a), a resolution, as defined to a reorganization plan shall be decided (1) EFFECT ON LAWS.— in subsection (g), shall be— without debate.

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(5) PRIOR PASSAGE.—If, prior to the passage complaints of violations of civil rights or retary shall notify the Inspector General and by 1 House of a resolution of that House, civil liberties, and consult with the Officer the appropriate committees or subcommit- that House receives a resolution with respect for Civil Rights and Civil Liberties regarding tees of Congress, or, with respect to inves- to the same reorganization plan from the the investigation of such complaints, upon tigations relating to civil rights or civil lib- other House, then— request or as appropriate; erties, the Assistant Inspector General for (A) the procedure in that House shall be (F) publicize, in multiple languages, Civil Rights and Civil Liberties (in this sec- the same as if no resolution had been re- through the Internet, radio, television, and tion referred to as the ‘Assistant Inspector ceived from the other House; but newspaper advertisements— General’), in writing (appropriately classi- (B) the vote on final passage shall be on (i) information on the responsibilities and fied, if necessary) within 7 calendar days the resolution of the other House. functions of the Assistant Inspector General; stating the reasons for such exercise. and ‘‘(B) Within 30 days after receipt of any no- SA 4938. Mr. BYRD submitted an (ii) instructions on how to contact the As- tice under subparagraph (A), the Inspector amendment intended to be proposed to sistant Inspector General; and General or Assistant Inspector General, as amendment SA 4901 proposed by Mr. (G) on a semi-annual basis, submit to Con- appropriate, shall prepare a copy of such no- THOMPSON (for Mr. GRAMM (for himself, gress, for referral to the appropriate com- tice and a written response that states Mr. MILLER, Mr. THOMPSON, Mr. mittee or committees, a report— whether the Inspector General or Assistant BARKLEY, and Mr. VOINOVICH)) to the (i) describing the implementation of this Inspector General, as appropriate, agrees or bill H.R. 5005, to establish the Depart- subsection, including the number of com- disagrees with the Secretary’s exercise of a plaints received and a general description of ment of Homeland Security, and for power under paragraph (1) and describes the any complaints received and investigations reasons for any disagreement, to— other purposes; which was ordered to undertaken either in response to a complaint ‘‘(i) the President of the Senate; lie on the table; as follows: or on the initiative of the Assistant Inspec- ‘‘(ii) the Speaker of the House of Rep- On page 222, strike line 18 and all that fol- tor General; resentatives; lows through page 225, line 12, and insert the (ii) detailing any civil rights abuses under ‘‘(iii) the Committee on Governmental Af- following: subparagraph (A); and fairs of the Senate; SEC. 811. INSPECTOR GENERAL. (iii) accounting for the expenditure of ‘‘(iv) the Committee on Government Re- (a) IN GENERAL.—There shall be in the De- funds to carry out this subsection. form of the House of Representatives; and partment an Inspector General. The Inspec- (d) ADDITIONAL PROVISIONS WITH RESPECT ‘‘(v) other appropriate committees or sub- tor General and the Office of Inspector Gen- TO THE INSPECTOR GENERAL OF THE DEPART- committees of Congress. eral shall be subject to the Inspector General MENT OF HOMELAND SECURITY.—The Inspec- ‘‘(b)(1) In carrying out the duties and re- Act of 1978 (5 U.S.C. App.). tor General Act of 1978 (5 U.S.C. App.) is sponsibilities under this Act, the Inspector (b) ESTABLISHMENT.—Section 11 of the In- amended— General shall have oversight responsibility spector General Act of 1978 (5 U.S.C. App.) is (1) by redesignating section 8I as section for the internal investigations and audits amended— 8J; and performed by any other office performing in- (1) in paragraph (1), by inserting (2) by inserting after section 8H the fol- ternal investigatory or audit functions in ‘‘Homeland Security,’’ after ‘‘Health and lowing: any subdivision of the Department of Human Services,’’; and SPECIAL PROVISIONS CONCERNING THE Homeland Security. With respect to inves- (2) in paragraph (2), by inserting DEPARTMENT OF HOMELAND SECURITY tigations relating to civil rights or civil lib- ‘‘Homeland Security,’’ after ‘‘Health and ‘‘SEC. 8I. (a)(1) Notwithstanding the last 2 erties, the Inspector General’s responsibil- Human Services,’’. sentences of section 3(a), the Inspector Gen- ities under this section shall be exercised by (c) ASSISTANT INSPECTOR GENERAL FOR eral of the Department of Homeland Secu- the Assistant Inspector General. CIVIL RIGHTS AND CIVIL LIBERTIES.— rity (in this section referred to as the ‘‘(2) The head of each other office described (1) IN GENERAL.—There shall be in the Of- ‘‘Inspector General’’) shall be under the au- under paragraph (1) shall promptly report to fice of Inspector General an Assistant In- thority, direction, and control of the Sec- the Inspector General the significant activi- spector General for Civil Rights and Civil retary of Homeland Security (in this section ties being carried out by such office. Liberties (in this section referred to as the referred to as the ‘‘Secretary’’) with respect ‘‘(3)(A) Notwithstanding paragraphs (1) and ‘‘Assistant Inspector General’’), who shall be to audits or investigations, or the issuance (2), the Inspector General may initiate, con- appointed without regard to political affili- of subpoenas, which require access to sen- duct, and supervise such audits and inves- ation and solely on the basis of dem- sitive information concerning— tigations in the Department (including in onstrated ability in civil rights and civil lib- ‘‘(A) intelligence or counterintelligence any subdivision referred to in paragraph (1)) erties, law, management analysis, investiga- matters; as the Inspector General considers appro- tions, and public relations. ‘‘(B) ongoing criminal investigations or priate. (2) RESPONSIBILITIES OF THE ASSISTANT IN- proceedings; ‘‘(B) If the Inspector General initiates an SPECTOR GENERAL.—The Assistant Inspector ‘‘(C) undercover operations; audit or investigation under subparagraph General shall— ‘‘(D) the identity of confidential sources, (A) concerning a subdivision referred to in (A) review information and receive com- including protected witnesses; paragraph (1), the Inspector General may plaints from any source alleging abuses of ‘‘(E) other matters the disclosure of which provide the head of the other office per- civil rights and civil liberties by— would constitute a serious threat to the pro- forming internal investigatory or audit func- (i) employees and officials of the Depart- tection of any person or property authorized tions in the subdivision with written notice ment; protection by— that the Inspector General has initiated such (ii) independent contractors retained by ‘‘(i) section 3056 of title 18, United States an audit or investigation. the Department; or Code; ‘‘(C) If the Inspector General issues a no- (iii) grantees of the Department; ‘‘(ii) section 202 of title 3, United States tice under subparagraph (B), no other audit (B) conduct such investigations as the As- Code; or or investigation shall be initiated into the sistant Inspector General considers nec- ‘‘(iii) any provision of the Presidential matter under audit or investigation by the essary, either self-initiated or in response to Protection Assistance Act of 1976 (18 U.S.C. Inspector General, and any other audit or in- complaints, to determine the policies and 3056 note); or vestigation of such matter shall cease. practices to protect civil rights and civil lib- ‘‘(F) other matters the disclosure of which ‘‘(c) Any report required to be transmitted erties of— would constitute a serious threat to national by the Secretary to the appropriate commit- (i) the Department; security. tees or subcommittees of Congress under sec- (ii) any unit of the Department; ‘‘(2) With respect to the information de- tion 5(d) shall also be transmitted, within (iii) independent contractors employed by scribed under paragraph (1), the Secretary the 7-day period specified under that sub- the Department; or may prohibit the Inspector General from car- section, to— (iv) grantees of the Department; rying out or completing any audit or inves- ‘‘(1) the President of the Senate; (C) conduct investigations of the programs tigation, or from issuing any subpoena, after ‘‘(2) the Speaker of the House of Represent- and operations of the Department to deter- such Inspector General has decided to ini- atives; mine whether the Department’s civil rights tiate, carry out, or complete such audit or ‘‘(3) the Committee on Governmental Af- and civil liberties policies are being effec- investigation or to issue such subpoena, if fairs of the Senate; and tively implemented, except that the Assist- the Secretary determines that such prohibi- ‘‘(4) the Committee on Government Reform ant Inspector General shall not have any re- tion is necessary to— of the House of Representatives. sponsibility for the enforcement of the Equal ‘‘(A) prevent the disclosure of any informa- ‘‘(d)(1) The Assistant Inspector General Employment Opportunities Act; tion described under paragraph (1); shall inform the complainant regarding what (D) inform the Secretary and Congress of ‘‘(B) preserve vital national security interactions were taken in response to a com- weaknesses, problems, and deficiencies with- ests; or plaint. in the Department relating to civil rights ‘‘(C) prevent significant impairment to the ‘‘(2) With respect to any complaints re- and civil liberties; national interests of the United States. ceived or investigations undertaken by the (E) provide prompt notification to the Offi- ‘‘(3)(A) If the Secretary exercises any Assistant Inspector General, any person em- cer for Civil Rights and Civil Liberties of any power under paragraph (1) or (2), the Sec- ployed by an independent contractor, or

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.138 S14PT2 S11102 CONGRESSIONAL RECORD — SENATE November 14, 2002 grantee, of the Department shall be entitled ‘‘(5) MAINTENANCE OF EFFORT.—Grants bill H.R. 5005, to establish the Depart- to the same protections as are provided to awarded under this subsection shall only be ment of Homeland Security, and for employees of the Department under section used to pay the salaries and benefits of addi- other purposes; which was ordered to 7.’’. tional firefighting personnel, and shall not lie on the table; as follows: (e) TECHNICAL AND CONFORMING AMEND- be used to supplant funding allocated for per- MENTS.—The Inspector General Act of 1978 (5 sonnel from State and local sources.’’; and Strike Section 309(c). U.S.C. appendix) is amended— (3) in subsection (f) (as redesignated by (1) in section 4(b), by striking ‘‘8F’’ each SA 4946. Mr. BINGAMAN submitted paragraph (1)), by adding at the end the fol- an amendment intended to be proposed place it appears and inserting ‘‘8G’’; and lowing: (2) in section 8J (as redesignated by sub- ‘‘(3) SUPPLEMENTAL APPROPRIATION.—In ad- to amendment SA 4901 proposed by Mr. section (d)(1)), by striking ‘‘or 8H’’ and in- dition to the authorization provided in para- THOMPSON (for Mr. GRAMM (for himself, serting ‘‘, 8H, or 8I’’. graph (1), there are authorized to be appro- Mr. MILLER, Mr. THOMPSON, Mr. (f) DEFINITION.—In this Act, the term ‘‘civil priated $1,000,000,000 for each of fiscal years BARKELY, and Mr. VOINOVICH)) to the rights and civil liberties’’ means rights and 2003 and 2004 for the purpose of providing per- bill H.R. 5005, to establish the Depart- liberties, which— sonnel grants described in subsection (c). ment of Homeland Security, and for (1) are or may be protected by the Con- Such sums may be provided solely for the stitution or implementing legislation; or other purposes; which was ordered to purpose of hiring employees engaged in fire lie on the table; as follows: (2) are analogous to the rights and liberties protection (as defined in section 3 of the Fair under paragraph (1), whether or not secured Labor Standards Act (29 U.S.C. 203)), and Strike Section 309(f) and insert the fol- by treaty, statute, regulation or executive shall not be subject to the provisions of para- lowing: (f) LABORATORY DIRECTED RESEARCH AND order. graphs (10) or (11) of subsection (b).’’. DEVELOPMENT BY THE DEPARTMENT OF EN- Mr. BYRD submitted an ERGY.—Funds authorized to be appropriated SA 4939. Mr. LIEBERMAN submitted amendment intended to be proposed to SA 4941. or otherwise made available to the Depart- an amendment intended to be proposed amendment SA 4901 proposed by Mr. ment in any fiscal year may be obligated or to amendment SA 4901 proposed by Mr. THOMPSON (for Mr. GRAMM (for himself, expended for laboratory directed research THOMPSON (for Mr. GRAMM (for himself, and development activities carried out by Mr. MILLER, Mr. THOMPSON, Mr. Mr. MILLER, Mr. THOMPSON, Mr. the Department of Energy. BARKLEY, and Mr. VOINOVICH)) to the BARKLEY, and Mr. VOINOVICH)) to the bill H.R. 5005, to establish the Depart- Mr. BINGAMAN submitted bill H.R. 5005, to establish the Depart- SA 4947. ment of Homeland Security, and for an amendment intended to be proposed ment of Homeland Security, and for other purposes; which was ordered to to amendment SA 4901 proposed by Mr. other purposes; which was ordered to lie on the table; as follows: THOMPSON (for Mr. GRAMM (for himself, lie on the table; as follows: On page 13, strike lines 8 and 9, and insert Mr. MILLER, Mr. THOMPSON, Mr. On page 255 after line 17, insert the fol- the following: This Act shall not take effect BARKELY, and Mr. VOINOVICH)) to the until the Congress provides for an effective lowing: bill H.R. 5005, to establish the Depart- date for this Act in subsequent legislation. ‘‘(f) NONAPPLICATION OF CERTAIN AUTHORI- TIES TO CHAPTER 71.—No authority under this ment of Homeland Security, and for SA 4940. Mr. DODD submitted an chapter to waive, modify, or otherwise affect other purposes; which was ordered to amendment intended to be proposed to law shall apply to chapter 71. lie on the table; as follows: amendment SA 4901 proposed by Mr. In Section 303, paragraph 1, after the word THOMPSON (for Mr. GRAMM (for himself, SA 4942. Mr. BINGAMAN submitted ‘‘thereto’’, insert the following: ‘‘That as di- Mr. MILLER, Mr. THOMPSON, Mr. an amendment intended to be proposed rectly related to homeland security’’ to amendment SA 4901 proposed by Mr. BARKLEY, and Mr. VOINVICH)) to the bill SA 4948. Mr. KENNEDY submitted an THOMPSON (for Mr. GRAMM (for himself, H.R. 5005, to establish the Department amendment intended to be proposed to Mr. MILLER, Mr. THOMPSON, Mr. of Homeland Security, and for other amendment SA 4901 proposed by Mr. BARKLEY, and Mr. VOINOVICH)) to the purposes; which was ordered to lie on THOMPSON (for Mr. GRAMM (for himself, bill H.R. 5005, to establish the Depart- the table; as follows: Mr. MILLER, Mr. THOMPSON, Mr. ment of Homeland Security, and for On page 208, between lines 7 and 8, insert BARKLEY, and Mr. VOINOVICH)) to the the following: other purposes; which was ordered to bill H.R. 5005, to establish the Depart- SEC. 510. GRANTS FOR FIREFIGHTING PER- lie on the table; as follows: ment of Homeland Security, and for SONNEL. Strike Section 303(1)(D). Section 33 of the Federal Fire Prevention other purposes; which was ordered to lie on the table; as follows: and Control Act of 1974 (15 U.S.C. 2229) is SA 4943. Mr. BINGAMAN submitted amended— Strike title XI and insert the following: (1) by redesignating subsections (c), (d), an amendment intended to be proposed to amendment SA 4901 proposed by Mr. TITLE XI—AGENCY FOR IMMIGRATION and (e) as subsections (d), (e), and (f), respec- HEARINGS AND APPEALS THOMPSON (for Mr. GRAMM (for himself, tively; Subtitle A—Structure and Function (2) by inserting after subsection (b) the fol- Mr. MILLER, Mr. THOMPSON, Mr. SEC. 1301. ESTABLISHMENT. lowing: BARKLEY, and Mr. VOINOVICH)) to the (a) IN GENERAL.—There is established with- ‘‘(c) PERSONNEL GRANTS.— bill H.R. 5005, to establish the Depart- in the Department of Justice the Agency for ‘‘(1) DURATION.—In awarding grants for hir- ment of Homeland Security, and for Immigration Hearings and Appeals (in this ing firefighting personnel in accordance with other purposes; which was ordered to subsection (b)(3)(A), the Director shall award title referred to as the ‘‘Agency’’). (b) INDEPENDENT REGULATORY AGENCY.— grants extending over a 3-year period. lie on the table; as follows: The Agency shall be an independent regu- ‘‘(2) MAXIMUM AMOUNT.—The total amount Strike Section 308(c)(2) through 308(c)(4). latory agency with the Department of Jus- of grants awarded under this subsection shall tice. not exceed $100,000 per firefighter, indexed SA 4944. Mr. BINGAMAN submitted (c) ABOLITION OF EOIR.—The Executive Of- for inflation, over the 3-year grant period. an amendment intended to be proposed fice for Immigration Review of the Depart- ‘‘(3) FEDERAL SHARE.— to amendment SA 4901 proposed by Mr. ment of Justice is hereby abolished. ‘‘(A) IN GENERAL.—A grant under this sub- THOMPSON (for Mr. GRAMM (for himself, (d) STATUTORY CONSTRUCTION.—Nothing in section shall not exceed 75 percent of the Mr. MILLER, Mr. THOMPSON, Mr. title XI, or any amendment made by that total salary and benefits cost for additional title, may be construed to authorize or re- firefighters hired. BARKLEY, and Mr. VOINOVICH)) to the bill H.R. 5005, to establish the Depart- quire the transfer or delegation of any func- ‘‘(B) WAIVER.—The Director may waive the tion vested in, or exercised by, the Executive 25 percent non-Federal match under subpara- ment of Homeland Security, and for Office for Immigration Review of the Depart- graph (A) for a jurisdiction of 50,000 or fewer other purposes; which was ordered to ment of Justice (or its successor entity), or residents or in cases of extreme hardship. lie on the table; as follows: any officer, employee, or component thereof, ‘‘(4) APPLICATION.—An application for a Strike Section 309(a)(1)(B). immediately prior to the effective date of grant under this subsection, shall— title XI. ‘‘(A) meet the requirements under sub- SA 4945. Mr. BINGAMAN submitted SEC. 1302. DIRECTOR OF THE AGENCY. section (b)(5); an amendment intended to be proposed (a) APPOINTMENT.—There shall be at the ‘‘(B) include an explanation for the appli- to amendment SA 4901 proposed by Mr. head of the Agency a Director who shall be cant’s need for Federal assistance; and appointed by the President, by and with the ‘‘(C) contain specific plans for obtaining THOMPSON (for Mr. GRAMM (for himself, advice and consent of the Senate. necessary support to retain the position fol- Mr. MILLER, Mr. THOMPSON, Mr. (b) OFFICES.—The Director shall appoint a lowing the conclusion of Federal support. BARKLEY, and Mr. VOINOVICH)) to the Deputy Director, General Counsel, Pro Bono

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.136 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11103

Coordinator, and other offices as may be nec- (c) APPOINTMENT OF IMMIGRATION JUDGES.— tion Review of the Department of Justice, essary to carry out this title. Immigration judges shall be appointed by their delegates, or any other Government of- (c) RESPONSIBILITIES.—The Director shall— the Attorney General, in consultation with ficial, or by a court of competent jurisdic- (1) administer the Agency and be respon- the Director and the Chief Immigration tion, in the performance of any function that sible for the promulgation of rules and regu- Judge. is transferred under this section; and lations affecting the Agency; and (d) QUALIFICATIONS.—Each immigration (2) that are in effect on the effective date (2) appoint and fix the compensation of at- judge, including the Chief Immigration of such transfer (or become effective after torneys, clerks, administrative assistants, Judge, shall be an attorney in good standing such date pursuant to their terms as in ef- and other personnel as may be necessary. of a bar of a State or the District of Colum- fect on such effective date); SEC. 1303. BOARD OF IMMIGRATION APPEALS. bia and shall have at least 7 years of profes- shall continue in effect according to their (a) IN GENERAL.—The Board of Immigra- sional legal expertise in immigration and na- terms until modified, terminated, super- tion Appeals (in this title referred to as the tionality law. seded, set aside, or revoked in accordance ‘‘Board’’) shall perform the appellate func- (e) JURISDICTION AND AUTHORITY OF IMMI- with law by the Agency, any other author- tions of the Agency. The Board shall consist GRATION COURTS.—The immigration courts ized official, a court of competent jurisdic- of a Chair and not less than 14 other immi- shall have such jurisdiction as was, prior to tion, or operation of law, except that any gration appeals judges. the date of enactment of this Act, provided collective bargaining agreement shall re- (b) APPOINTMENT.—Members of the Board by statute or regulation to the immigration main in effect until the date of termination shall be appointed by the Attorney General, courts within the Executive Office for Immi- specified in the agreement. in consultation with the Director and the gration Review of the Department of Justice. (d) PROCEEDINGS.— Chair of the Board of Immigration Appeals. (f) INDEPENDENCE OF IMMIGRATION (1) PENDING.—The transfer of functions (c) QUALIFICATIONS.—The Chair and each JUDGES.—The immigration judges shall exer- under subsection (a) shall not affect any pro- other Member of the Board shall be an attor- cise their independent judgment and discre- ceeding or any application for any benefit, ney in good standing of a bar of a State or tion in the cases coming before the Immigra- service, license, permit, certificate, or finan- the District of Columbia and shall have at tion Court. cial assistance pending on the effective date least 7 years of professional legal expertise SEC. 1305. CHIEF ADMINISTRATIVE HEARING OF- of this title before an office whose functions in immigration and nationality law. FICER. are transferred pursuant to this section, but (d) CHAIR.—The Chair shall direct, super- (a) ESTABLISHMENT OF POSITION.—There such proceedings and applications shall be vise, and establish the procedures and poli- shall be within the Agency the position of continued. cies of the Board. Chief Administrative Hearing Officer. (2) ORDERS.—Orders shall be issued in such (e) JURISDICTION.— (b) DUTIES OF THE CHIEF ADMINISTRATIVE proceedings, appeals shall be taken there- (1) IN GENERAL.—The Board shall have such HEARING OFFICER.—The Chief Administrative from, and payments shall be made pursuant jurisdiction as was, prior to the date of en- Hearing Officer shall hear cases brought to such orders, as if this Act had not been enactment of this Act, provided by statute or under sections 274A, 274B, and 274C of the Im- acted, and orders issued in any such pro- regulation to the Board of Immigration Ap- migration and Nationality Act. ceeding shall continue in effect until modi- peals (as in effect under the Executive Office SEC. 1306. REMOVAL OF JUDGES. fied, terminated, superseded, or revoked by a of Immigration Review). Immigration judges and Members of the duly authorized official, by a court of com- (2) DE NOVO REVIEW.—The Board shall have Board may be removed from office only for petent jurisdiction, or by operation of law. de novo review of any decision by an immi- good cause, including neglect of duty or mal- (3) DISCONTINUANCE OR MODIFICATION.— gration judge, including any final order of feasance, by the Director, in consultation Nothing in this section shall be considered to removal. with the Chair of the Board, in the case of prohibit the discontinuance or modification (f) DECISIONS OF THE BOARD.—The decisions the removal of a Member of the Board, or in of any such proceeding under the same terms of the Board shall constitute final agency ac- consultation with the Chief Immigration and conditions and to the same extent that tion, subject to review only as provided by Judge, in the case of the removal of an immi- such proceeding could have been discon- the Immigration and Nationality Act and gration judge. tinued or modified if this section had not other applicable law. SEC. 1307. AUTHORIZATION OF APPROPRIATIONS. been enacted. (g) INDEPENDENCE OF BOARD MEMBERS.— There are authorized to be appropriated to (e) SUITS.—This section shall not affect The Members of the Board shall exercise suits commenced before the effective date of their independent judgment and discretion in the Agency such sums as may be necessary to carry out this title. this title, and in all such suits, proceeding the cases coming before the Board. shall be had, appeals taken, and judgments Subtitle B—Transfer of Functions and (h) REFERRAL OF CASE TO THE DIRECTOR OF rendered in the same manner and with the Savings Provisions THE AGENCY FOR IMMIGRATION HEARINGS AND same effect as if this section had not been APPEALS.— SEC. 1311. TRANSITION PROVISIONS. enacted. (1) IN GENERAL.—The Board shall refer to (a) TRANSFER OF FUNCTIONS.—All functions (f) NONABATEMENT OF ACTIONS.—No suit, the Director of the Agency for Immigration under the immigration laws of the United action, or other proceeding commenced by or Hearings and Appeals for review of its deci- States (as defined in section 111(e) of the Im- against the Department of Justice or the Ex- sion all cases which— migration and Nationality Act, as added by ecutive Office of Immigration Review, or by (A) the Director, in consultation with the section 1101(a)(2) of this Act) vested by stat- or against any individual in the official ca- Attorney General, directs the Board to refer ute in, or exercised by, the Executive Office pacity of such individual as an officer or em- to him; of Immigration Review of the Department of ployee in connection with a function trans- (B) the Chairman or a majority of the Justice (or any officer, employee, or compo- ferred under this section, shall abate by rea- Board believes should be referred to the Di- nent thereof), immediately prior to the effec- son of the enactment of this Act. rector of the Agency for Immigration Hear- tive date of this title, are transferred to the (g) CONTINUANCE OF SUIT WITH SUBSTI- ings and Appeals for review; and Agency. TUTION OF PARTIES.—If any Government offi- (C) the Under Secretary of Homeland Secu- (b) TRANSFER AND ALLOCATIONS OF APPRO- cer in the official capacity of such officer is rity for Immigration Affairs or the Attorney PRIATIONS AND PERSONNEL.—The personnel party to a suit with respect to a function of General requests be referred to the Director employed in connection with, and the assets, the officer, and pursuant to this section such for review. liabilities, contracts, property, records, and function is transferred to any other officer ECISION OF THE DIRECTOR.—In any case (2) D unexpended balances of appropriations, au- or office, then such suit shall be continued in which the Director of the Agency for Im- thorizations, allocations, and other funds with the other officer or the head of such migration Hearings and Appeals reviews the employed, used, held, arising from, available other office, as applicable, substituted or decision of the Board, the decision of the Di- to, or to be made available in connection added as a party. rector of the Agency for Immigration Hear- with the functions transferred by this sec- (h) ADMINISTRATIVE PROCEDURE AND JUDI- ings and Appeals shall be stated in writing tion, subject to section 1531 of title 31, CIAL REVIEW.—Except as otherwise provided and shall be transmitted to the Board for United States Code, shall be transferred to by this title, any statutory requirements re- transmittal and service as provided by regu- the Agency. Unexpended funds transferred lating to notice, hearings, action upon the lations. pursuant to this section shall be used only record, or administrative or judicial review SEC. 1304. CHIEF IMMIGRATION JUDGE. for the purposes for which the funds were that apply to any function transferred pursu- (a) ESTABLISHMENT OF OFFICE.—There shall originally authorized and appropriated. ant to any provision of this section shall be within the Agency the position of Chief (c) LEGAL DOCUMENTS.—All orders, deter- apply to the exercise of such function by the Immigration Judge, who shall administer minations, rules, regulations, permits, head of the office, and other officers of the the immigration courts. grants, loans, contracts, recognition of labor office, to which such function is transferred (b) DUTIES OF THE CHIEF IMMIGRATION organizations, agreements, including collec- pursuant to such provision. JUDGE.—The Chief Immigration Judge shall tive bargaining agreements, certificates, li- be responsible for the general supervision, censes, and privileges— Subtitle C—Effective Date direction, and procurement of resource and (1) that have been issued, made, granted, or SEC. 1321. EFFECTIVE DATE. facilities and for the general management of allowed to become effective by the Attorney This title shall take effect one year after immigration court dockets. General or the Executive Office of Immigra- the effective date of division A of this Act.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.146 S14PT2 S11104 CONGRESSIONAL RECORD — SENATE November 14, 2002 SA 4949. Mr. KENNEDY submitted an SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF (2) Section 6 of the Act entitled ‘‘An Act to amendment intended to be proposed to IMMIGRATION AFFAIRS. authorize certain administrative expenses (a) ESTABLISHMENT.—Title I of the Immi- amendment SA 4901 proposed by Mr. for the Department of Justice, and for other gration and Nationality Act (8 U.S.C. 1101 et purposes’’, approved July 28, 1950 (64 Stat. THOMPSON (for Mr. GRAMM (for himself, seq.) is amended— 380), is amended— Mr. MILLER, Mr. THOMPSON, Mr. (1) by inserting ‘‘CHAPTER 1—DEFINI- (A) by striking ‘‘Immigration and Natu- BARKLEY, and Mr. VOINOVICH)) to the TIONS AND GENERAL AUTHORITIES’’ after ralization Service’’ and inserting bill H.R. 5005, to establish the Depart- ‘‘TITLE I—GENERAL’’; and ‘‘Directorate of Immigration Affairs’’; ment of Homeland Security, and for (2) by adding at the end the following: (B) by striking clause (a); and other purposes; which was ordered to ‘‘CHAPTER 2—DIRECTORATE OF (C) by redesignating clauses (b), (c), (d), lie on the table; as follows: IMMIGRATION AFFAIRS and (e) as clauses (a), (b), (c), and (d), respec- ‘‘SEC. 111. ESTABLISHMENT OF DIRECTORATE OF tively. Strike Title IV, subtitles D, E, and F and IMMIGRATION AFFAIRS. (c) REFERENCES.—Any reference in any insert the following: ‘‘(a) ESTABLISHMENT.—There is established statute, reorganization plan, Executive —IMMIGRATION REFORM, ACCOUNT- within the Department of Homeland Secu- order, regulation, agreement, determination, ABILITY, AND SECURITY ENHANCEMENT rity the Directorate of Immigration Affairs. or other official document or proceeding to ACT OF 2002 ‘‘(b) PRINCIPAL OFFICERS.—The principal the Immigration and Naturalization Service officers of the Directorate are the following: shall be deemed to refer to the Directorate of SEC. 1001. SHORT TITLE. ‘‘(1) The Under Secretary of Homeland Se- Immigration Affairs of the Department of This division may be cited as the curity for Immigration Affairs appointed Homeland Security, and any reference in the ‘‘Immigration Reform, Accountability, and under section 112. immigration laws of the United States (as Security Enhancement Act of 2002’’. ‘‘(2) The Assistant Secretary of Homeland defined in section 111(e) of the Immigration SEC. 1002. DEFINITIONS. Security for Immigration Services appointed and Nationality Act, as added by this sec- under section 113. tion) to the Attorney General shall be In this division: ‘‘(3) The Assistant Secretary of Homeland deemed to refer to the Secretary of Home- (1) ENFORCEMENT BUREAU.—The term Security for Enforcement and Border Affairs land Security, acting through the Under Sec- ‘‘Enforcement Bureau’’ means the Bureau of appointed under section 114. retary of Homeland Security for Immigra- Enforcement and Border Affairs established ‘‘(c) FUNCTIONS.—Under the authority of tion Affairs. in section 114 of the Immigration and Na- the Secretary of Homeland Security, the Di- SEC. 1103. UNDER SECRETARY OF HOMELAND SE- tionality Act, as added by section 1105 of this rectorate shall perform the following func- Act. CURITY FOR IMMIGRATION AFFAIRS. tions: (a) IN GENERAL.—Chapter 2 of title I of the (2) FUNCTION.—The term ‘‘function’’ in- ‘‘(1) Immigration policy, administration, Immigration and Nationality Act, as added cludes any duty, obligation, power, author- and inspection functions, as defined in sec- ity, responsibility, right, privilege, activity, by section 1102 of this Act, is amended by tion 112(b). adding at the end the following: or program. ‘‘(2) Immigration service and adjudication (3) IMMIGRATION ENFORCEMENT FUNCTIONS.— ‘‘SEC. 112. UNDER SECRETARY OF HOMELAND SE- functions, as defined in section 113(b). CURITY FOR IMMIGRATION AFFAIRS. The term ‘‘immigration enforcement func- ‘‘(3) Immigration enforcement functions, ‘‘(a) UNDER SECRETARY OF IMMIGRATION AF- tions’’ has the meaning given the term in as defined in section 114(b). FAIRS.—The Directorate shall be headed by section 114(b)(2) of the Immigration and Na- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— an Under Secretary of Homeland Security tionality Act, as added by section 1105 of this ‘‘(1) IN GENERAL.—There are authorized to Act. be appropriated to the Department of Home- for Immigration Affairs who shall be ap- (4) IMMIGRATION LAWS OF THE UNITED land Security such sums as may be necessary pointed in accordance with section 103(c) of STATES.—The term ‘‘immigration laws of the to carry out the functions of the Directorate. the Immigration and Nationality Act. ‘‘(b) RESPONSIBILITIES OF THE UNDER SEC- United States’’ has the meaning given the ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- RETARY.— term in section 111(e) of the Immigration and propriated pursuant to paragraph (1) are au- ‘‘(1) IN GENERAL.—The Under Secretary Nationality Act, as added by section 1102 of thorized to remain available until expended. this Act. ‘‘(e) IMMIGRATION LAWS OF THE UNITED shall be charged with any and all responsibil- (5) IMMIGRATION POLICY, ADMINISTRATION, STATES DEFINED.—In this chapter, the term ities and authority in the administration of AND INSPECTION FUNCTIONS.—The term ‘immigration laws of the United States’ the Directorate and of this Act which are ‘‘immigration policy, administration, and in- means the following: conferred upon the Secretary as may be dele- spection functions’’ has the meaning given ‘‘(1) This Act. gated to the Under Secretary by the Sec- the term in section 112(b)(3) of the Immigra- ‘‘(2) Such other statutes, Executive orders, retary or which may be prescribed by the tion and Nationality Act, as added by sec- regulations, or directives, treaties, or other Secretary. tion 1103 of this Act. international agreements to which the ‘‘(2) DUTIES.—Subject to the authority of (6) IMMIGRATION SERVICE FUNCTIONS.—The United States is a party, insofar as they re- the Secretary under paragraph (1), the Under term ‘‘immigration service functions’’ has late to the admission to, detention in, or re- Secretary shall have the following duties: the meaning given the term in section moval from the United States of aliens, inso- ‘‘(A) IMMIGRATION POLICY.—The Under Sec- 113(b)(2) of the Immigration and Nationality far as they relate to the naturalization of retary shall develop and implement policy Act, as added by section 1104 of this Act. aliens, or insofar as they otherwise relate to under the immigration laws of the United (7) OFFICE.—The term ‘‘office’’ includes the status of aliens.’’. States. The Under Secretary shall propose, any office, administration, agency, bureau, (b) CONFORMING AMENDMENTS.—(1) The Im- promulgate, and issue rules, regulations, and institute, council, unit, organizational enti- migration and Nationality Act (8 U.S.C. 1101 statements of policy with respect to any ty, or component thereof. et seq.) is amended— function within the jurisdiction of the Direc- (8) SECRETARY.—The term ‘‘Secretary’’ (A) by striking section 101(a)(34) (8 U.S.C. torate. means the Secretary of Homeland Security. 1101(a)(34)) and inserting the following: ‘‘(B) ADMINISTRATION.—The Under Sec- (9) SERVICE BUREAU.—The term ‘‘Service ‘‘(34) The term ‘Directorate’ means the Di- retary shall have responsibility for— Bureau’’ means the Bureau of Immigration rectorate of Immigration Affairs established ‘‘(i) the administration and enforcement of Services established in section 113 of the Im- by section 111.’’; the functions conferred upon the Directorate migration and Nationality Act, as added by (B) by adding at the end of section 101(a) under section 1111(c) of this Act; and section 1104 of this Act. the following new paragraphs: ‘‘(ii) the administration of the Directorate, (10) UNDER SECRETARY.—The term ‘‘Under ‘‘(51) The term ‘Secretary’ means the Sec- including the direction, supervision, and co- Secretary’’ means the Under Secretary of retary of Homeland Security. ordination of the Bureau of Immigration Homeland Security for Immigration Affairs ‘‘(52) The term ‘Department’ means the De- Services and the Bureau of Enforcement and appointed under section 112 of the Immigra- partment of Homeland Security.’’; Border Affairs. tion and Nationality Act, as added by sec- (C) by striking ‘‘Attorney General’’ and ‘‘(C) INSPECTIONS.—The Under Secretary tion 1103 of this Act. ‘‘Department of Justice’’ each place it ap- shall be directly responsible for the adminis- pears and inserting ‘‘Secretary’’ and tration and enforcement of the functions of TITLE XI—DIRECTORATE OF ‘‘Department’’, respectively; the Directorate under the immigration laws IMMIGRATION AFFAIRS (D) in section 101(a)(17) (8 U.S.C. of the United States with respect to the in- Subtitle A—Organization 1101(a)(17)), by striking ‘‘The’’ and inserting spection of aliens arriving at ports of entry ‘‘Except as otherwise provided in section of the United States. SEC. 1101. ABOLITION OF INS. 111(e), the; and ‘‘(3) ACTIVITIES.—As part of the duties de- (a) IN GENERAL.—The Immigration and (E) by striking ‘‘Immigration and Natu- scribed in paragraph (2), the Under Secretary Naturalization Service is abolished. ralization Service’’, ‘‘Service’’, and shall do the following: (b) REPEAL.—Section 4 of the Act of Feb- ‘‘Service’s’’ each place they appear and in- ‘‘(A) RESOURCES AND PERSONNEL MANAGE- ruary 14, 1903, as amended (32 Stat. 826; relat- serting ‘‘Directorate of Immigration Af- MENT.—The Under Secretary shall manage ing to the establishment of the Immigration fairs’’, ‘‘Directorate’’, and ‘‘Directorate’s’’, the resources, personnel, and other support and Naturalization Service), is repealed. respectively. requirements of the Directorate.

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.152 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11105

‘‘(B) INFORMATION RESOURCES MANAGE- authority of the Under Secretary, the Chief (A) in the first sentence, by striking MENT.—Under the direction of the Secretary, of Congressional, Intergovernmental, and ‘‘Passport Office, a Visa Office,’’ and insert- the Under Secretary shall manage the infor- Public Affairs shall be responsible for— ing ‘‘a Passport Services office, a Visa Serv- mation resources of the Directorate, includ- ‘‘(A) providing to Congress information re- ices office, an Overseas Citizen Services of- ing the maintenance of records and data- lating to issues arising under the immigra- fice,’’; and bases and the coordination of records and tion laws of the United States, including in- (B) in the second sentence, by striking other information within the Directorate, formation on specific cases; ‘‘the Passport Office and the Visa Office’’ and shall ensure that the Directorate obtains ‘‘(B) serving as a liaison with other Federal and inserting ‘‘the Passport Services office and maintains adequate information tech- agencies on immigration issues; and and the Visa Services office’’. nology systems to carry out its functions. ‘‘(C) responding to inquiries from, and pro- (5) Section 5315 of title 5, United States ‘‘(C) COORDINATION OF RESPONSE TO CIVIL viding information to, the media on immi- Code, is amended by striking the following: RIGHTS VIOLATIONS.—The Under Secretary gration issues. ‘‘Commissioner of Immigration and Natu- shall coordinate, with the Civil Rights Offi- ‘‘(2) WITHIN THE SENIOR EXECUTIVE SERV- ralization, Department of Justice.’’. cer of the Department of Homeland Security ICE.—The position of Chief of Congressional, (f) REFERENCES.—Any reference in any or other officials, as appropriate, the resolu- Intergovernmental, and Public Affairs shall statute, reorganization plan, Executive tion of immigration issues that involve civil be a Senior Executive Service position under order, regulation, agreement, determination, rights violations. section 5382 of title 5, United States Code.’’. or other official document or proceeding to ‘‘(D) RISK ANALYSIS AND RISK MANAGE- (b) COMPENSATION OF THE UNDER SEC- the Commissioner of Immigration and Natu- MENT.—Assisting and supporting the Sec- RETARY.—Section 5314 of title 5, United ralization shall be deemed to refer to the retary, in coordination with other Direc- States Code, is amended by adding at the end Under Secretary of Homeland Security for torates and entities outside the Department, the following: Immigration Affairs. in conducting appropriate risk analysis and ‘‘Under Secretary of Immigration Affairs, SEC. 1104. BUREAU OF IMMIGRATION SERVICES. risk management activities consistent with Department of Justice.’’. (a) IN GENERAL.—Chapter 2 of title I of the the mission and functions of the Directorate. (c) COMPENSATION OF GENERAL COUNSEL Immigration and Nationality Act, as added ‘‘(3) DEFINITION.—In this chapter, the term AND CHIEF FINANCIAL OFFICER.—Section 5316 by section 1102 and amended by section 1103, ‘‘immigration policy, administration, and in- of title 5, United States Code, is amended by is further amended by adding at the end the spection functions’’ means the duties, activi- adding at the end the following: following: ties, and powers described in this subsection. ‘‘General Counsel, Directorate of Immigra- ‘‘SEC. 113. BUREAU OF IMMIGRATION SERVICES. ‘‘(c) GENERAL COUNSEL.— tion Affairs, Department of Homeland Secu- ‘‘(a) ESTABLISHMENT OF BUREAU.— ‘‘(1) IN GENERAL.—There shall be within the rity. ‘‘(1) IN GENERAL.—There is established Directorate a General Counsel, who shall be ‘‘Chief Financial Officer, Directorate of within the Directorate a bureau to be known appointed by the Secretary of Homeland Se- Immigration Affairs, Department of Home- as the Bureau of Immigration Services (in curity, in consultation with the Under Sec- land Security.’’. this chapter referred to as the ‘Service Bu- retary. (d) REPEALS.—The following provisions of reau’). ‘‘(2) FUNCTION.—The General Counsel law are repealed: ‘‘(2) ASSISTANT SECRETARY.—The head of shall— (1) Section 7 of the Act of March 3, 1891, as the Service Bureau shall be the Assistant ‘‘(A) serve as the chief legal officer for the amended (26 Stat. 1085; relating to the estab- Secretary of Homeland Security for Immi- Directorate; and lishment of the office of the Commissioner of gration Services (in this chapter referred to ‘‘(B) be responsible for providing special- Immigration and Naturalization). as the ‘Assistant Secretary for Immigration ized legal advice, opinions, determinations, (2) Section 201 of the Act of June 20, 1956 Services’), who— regulations, and any other assistance to the (70 Stat. 307; relating to the compensation of ‘‘(A) shall be appointed by the Secretary of Under Secretary with respect to legal mat- assistant commissioners and district direc- Homeland Security, in consultation with the ters affecting the Directorate, and any of its tors). Under Secretary; and components. (3) Section 1 of the Act of March 2, 1895 (28 ‘‘(B) shall report directly to the Under Sec- ‘‘(d) FINANCIAL OFFICERS FOR THE DIREC- Stat. 780; relating to special immigrant in- retary. TORATE OF IMMIGRATION AFFAIRS.— spectors). ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT ‘‘(1) CHIEF FINANCIAL OFFICER.— (e) CONFORMING AMENDMENTS.—(1)(A) Sec- SECRETARY.— ‘‘(A) IN GENERAL.—There shall be within tion 101(a)(8) of the Immigration and Nation- ‘‘(1) IN GENERAL.—Subject to the authority the Directorate a Chief Financial Officer. ality Act (8 U.S.C. 1101(a)(8)) is amended to of the Secretary and the Under Secretary, The position of Chief Financial Officer shall read as follows: the Assistant Secretary for Immigration be a career reserved position in the Senior ‘‘(8) The term ‘Under Secretary’ means the Services shall administer the immigration Executive Service and shall have the au- Under Secretary of Homeland Security for service functions of the Directorate. Immigration Affairs who is appointed under thorities and functions described in section ‘‘(2) IMMIGRATION SERVICE FUNCTIONS DE- section 103(c).’’. 902 of title 31, United States Code, in relation FINED.—In this chapter, the term (B) Except as provided in subparagraph (C), to financial activities of the Directorate. For ‘immigration service functions’ means the the Immigration and Nationality Act (8 purposes of section 902(a)(1) of such title, the following functions under the immigration U.S.C. 1101 et seq.) is amended by striking Under Secretary shall be deemed to be an laws of the United States: ‘‘Commissioner of Immigration and Natu- agency head. ralization’’ and ‘‘Commissioner’’ each place ‘‘(A) Adjudications of petitions for classi- ‘‘(B) FUNCTIONS.—The Chief Financial Offi- they appear and inserting ‘‘Under Secretary fication of nonimmigrant and immigrant cer shall be responsible for directing, super- of Homeland Security for Immigration Af- status. vising, and coordinating all budget formulas fairs’’ and ‘‘Under Secretary’’, respectively. ‘‘(B) Adjudications of applications for ad- and execution for the Directorate. (C) The amendments made by subpara- justment of status and change of status. ‘‘(2) DEPUTY CHIEF FINANCIAL OFFICER.—The graph (B) do not apply to references to the ‘‘(C) Adjudications of naturalization appli- Directorate shall be deemed to be an agency ‘‘Commissioner of Social Security’’ in sec- cations. for purposes of section 903 of such title tion 290(c) of the Immigration and Nation- ‘‘(D) Adjudications of asylum and refugee (relating to Deputy Chief Financial Officers). ality Act (8 U.S.C. 1360(c)). applications. ‘‘(e) CHIEF OF POLICY.— (2) Section 103 of the Immigration and Na- ‘‘(E) Adjudications performed at Service ‘‘(1) IN GENERAL.—There shall be within the tionality Act (8 U.S.C. 1103) is amended— centers. Directorate a Chief of Policy. Under the au- (A) in subsection (c), by striking ‘‘(F) Determinations concerning custody thority of the Under Secretary, the Chief of ‘‘Commissioner’’ and inserting ‘‘Under Sec- and parole of asylum seekers who do not Policy shall be responsible for— retary’’; have prior nonpolitical criminal records and ‘‘(A) establishing national immigration (B) in the section heading, by striking who have been found to have a credible fear policy and priorities; ‘‘COMMISSIONER’’ and inserting ‘‘UNDER SEC- of persecution, including determinations ‘‘(B) performing policy research and anal- RETARY’’; under section 236B. ysis on issues arising under the immigration (C) in subsection (d), by striking ‘‘(G) All other adjudications under the im- laws of the United States; and ‘‘Commissioner’’ and inserting ‘‘Under Sec- migration laws of the United States. ‘‘(C) coordinating immigration policy be- retary’’; and ‘‘(c) CHIEF BUDGET OFFICER OF THE SERVICE tween the Directorate, the Service Bureau, (D) in subsection (e), by striking BUREAU.—There shall be within the Service and the Enforcement Bureau. ‘‘Commissioner’’ and inserting ‘‘Under Sec- Bureau a Chief Budget Officer. Under the au- ‘‘(2) WITHIN THE SENIOR EXECUTIVE SERV- retary’’. thority of the Chief Financial Officer of the ICE.—The position of Chief of Policy shall be (3) Sections 104 and 105 of the Immigration Directorate, the Chief Budget Officer of the a Senior Executive Service position under and Nationality Act (8 U.S.C. 1104, 1105) are Service Bureau shall be responsible for moni- section 5382 of title 5, United States Code. amended by striking ‘‘Director’’ each place toring and supervising all financial activi- ‘‘(f) CHIEF OF CONGRESSIONAL, INTERGOV- it appears and inserting ‘‘Assistant Sec- ties of the Service Bureau. ERNMENTAL, AND PUBLIC AFFAIRS.— retary of State for Consular Affairs’’. ‘‘(d) QUALITY ASSURANCE.—There shall be ‘‘(1) IN GENERAL.—There shall be within the (4) Section 104(c) of the Immigration and within the Service Bureau an Office of Qual- Directorate a Chief of Congressional, Inter- Nationality Act (8 U.S.C. 1104(c)) is amend- ity Assurance that shall develop procedures governmental, and Public Affairs. Under the ed— and conduct audits to—

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.152 S14PT2 S11106 CONGRESSIONAL RECORD — SENATE November 14, 2002 ‘‘(1) ensure that the Directorate’s policies ‘‘(B) shall report directly to the Under Sec- graphic locations that satisfy the provisions with respect to the immigration service retary. of paragraph (1). The Under Secretary shall functions of the Directorate are properly im- ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT also explore the feasibility and desirability plemented; and SECRETARY.— of establishing new Enforcement Bureau of- ‘‘(2) ensure that Service Bureau policies or ‘‘(1) IN GENERAL.—Subject to the authority fices, including suboffices and satellite of- practices result in sound records manage- of the Secretary and the Under Secretary, fices, in new geographic locations where ment and efficient and accurate service. the Assistant Secretary for Immigration En- there is a demonstrated need. ‘‘(e) OFFICE OF PROFESSIONAL RESPONSI- forcement shall administer the immigration SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN BILITY.—There shall be within the Service enforcement functions of the Directorate. THE DIRECTORATE. Bureau an Office of Professional Responsi- ‘‘(2) IMMIGRATION ENFORCEMENT FUNCTIONS (a) IN GENERAL.—Chapter 2 of title I of the bility that shall have the responsibility for DEFINED.—In this chapter, the term Immigration and Nationality Act, as added ensuring the professionalism of the Service ‘immigration enforcement functions’ means by section 1102 and amended by sections 1103, Bureau and for receiving and investigating the following functions under the immigra- 1104, and 1105, is further amended by adding charges of misconduct or ill treatment made tion laws of the United States: at the end the following: by the public. ‘‘(A) The border patrol function. ‘‘SEC. 115. OFFICE OF THE OMBUDSMAN FOR IM- ‘‘(f) TRAINING OF PERSONNEL.—The Assist- ‘‘(B) The detention function, except as MIGRATION AFFAIRS. ant Secretary for Immigration Services, in specified in section 113(b)(2)(F). ‘‘(a) IN GENERAL.—There is established consultation with the Under Secretary, shall ‘‘(C) The removal function. within the Directorate the Office of the Om- have responsibility for determining the ‘‘(D) The intelligence function. budsman for Immigration Affairs, which training for all personnel of the Service Bu- ‘‘(E) The investigations function. shall be headed by the Ombudsman. reau.’’. ‘‘(c) CHIEF BUDGET OFFICER OF THE EN- ‘‘(b) OMBUDSMAN.— (b) COMPENSATION OF ASSISTANT SECRETARY FORCEMENT BUREAU.—There shall be within ‘‘(1) APPOINTMENT.—The Ombudsman shall OF SERVICE BUREAU.—Section 5315 of title 5, the Enforcement Bureau a Chief Budget Offi- be appointed by the Secretary of Homeland United States Code, is amended by adding at cer. Under the authority of the Chief Finan- Security, in consultation with the Under the end the following: cial Officer of the Directorate, the Chief Secretary. The Ombudsman shall report di- ‘‘Assistant Secretary of Homeland Secu- Budget Officer of the Enforcement Bureau rectly to the Under Secretary. rity for Immigration Services, Directorate of shall be responsible for monitoring and su- ‘‘(2) COMPENSATION.—The Ombudsman shall Immigration Affairs, Department of Home- pervising all financial activities of the En- be entitled to compensation at the same rate land Security.’’. forcement Bureau. as the highest rate of basic pay established (c) SERVICE BUREAU OFFICES.— ‘‘(d) OFFICE OF PROFESSIONAL RESPONSI- for the Senior Executive Service under sec- (1) IN GENERAL.—Under the direction of the BILITY.—There shall be within the Enforce- tion 5382 of title 5, United States Code, or, if Secretary, the Under Secretary, acting ment Bureau an Office of Professional Re- the Secretary of Homeland Security so de- through the Assistant Secretary for Immi- sponsibility that shall have the responsi- termines, at a rate fixed under section 9503 of gration Services, shall establish Service Bu- bility for ensuring the professionalism of the such title. reau offices, including suboffices and sat- Enforcement Bureau and receiving charges ‘‘(c) FUNCTIONS OF OFFICE.—The functions ellite offices, in appropriate municipalities of misconduct or ill treatment made by the of the Office of the Ombudsman for Immigra- and locations in the United States. In the se- public and investigating the charges. tion Affairs shall include— lection of sites for the Service Bureau of- ‘‘(e) OFFICE OF QUALITY ASSURANCE.—There ‘‘(1) to assist individuals in resolving prob- fices, the Under Secretary shall consider the shall be within the Enforcement Bureau an lems with the Directorate or any component location’s proximity and accessibility to the Office of Quality Assurance that shall de- thereof; community served, the workload for which velop procedures and conduct audits to— ‘‘(2) to identify systemic problems encoun- that office shall be responsible, whether the ‘‘(1) ensure that the Directorate’s policies tered by the public in dealings with the Di- location would significantly reduce the with respect to immigration enforcement rectorate or any component thereof; backlog of cases in that given geographic functions are properly implemented; and ‘‘(3) to propose changes in the administra- area, whether the location will improve cus- ‘‘(2) ensure that Enforcement Bureau poli- tive practices or regulations of the Direc- tomer service, and whether the location is in cies or practices result in sound record man- torate, or any component thereof, to miti- a geographic area with an increase in the agement and efficient and accurate record- gate problems identified under paragraph (2); population to be served. The Under Sec- keeping. ‘‘(4) to identify potential changes in statu- retary shall conduct periodic reviews to as- ‘‘(f) TRAINING OF PERSONNEL.—The Assist- tory law that may be required to mitigate sess whether the location and size of the re- ant Secretary for Immigration Enforcement, such problems; and spective Service Bureau offices adequately in consultation with the Under Secretary, ‘‘(5) to monitor the coverage and geo- serve customer service needs. shall have responsibility for determining the graphic distribution of local offices of the (2) TRANSITION PROVISION.—In determining training for all personnel of the Enforcement Directorate. the location of Service Bureau offices, in- Bureau.’’. ‘‘(d) PERSONNEL ACTIONS.—The Ombuds- cluding suboffices and satellite offices, the (b) COMPENSATION OF ASSISTANT SECRETARY man shall have the responsibility and au- Under Secretary shall first consider main- OF ENFORCEMENT BUREAU.—Section 5315 of thority to appoint local or regional rep- taining and upgrading offices in existing geo- title 5, United States Code, is amended by resentatives of the Ombudsman’s Office as in graphic locations that satisfy the provisions adding at the end the following: the Ombudsman’s judgment may be nec- of paragraph (1). The Under Secretary shall ‘‘Assistant Security of Homeland Security essary to address and rectify problems. also explore the feasibility and desirability for Enforcement and Border Affairs, Direc- ‘‘(e) ANNUAL REPORT.—Not later than De- of establishing new Service Bureau offices, torate of Immigration Affairs, Department cember 31 of each year, the Ombudsman shall including suboffices and satellite offices, in of Homeland Security.’’. submit a report to the Committee on the Ju- new geographic locations where there is a (c) ENFORCEMENT BUREAU OFFICES.— diciary of the House of Representatives and demonstrated need. (1) IN GENERAL.—Under the direction of the the Committee on the Judiciary of the Sen- SEC. 1105. BUREAU OF ENFORCEMENT AND BOR- Secretary, the Under Secretary, acting ate on the activities of the Ombudsman dur- DER AFFAIRS. through the Assistant Secretary for Immi- ing the fiscal year ending in that calendar (a) IN GENERAL.—Chapter 2 of title I of the gration Enforcement, shall establish En- year. Each report shall contain a full and Immigration and Nationality Act, as added forcement Bureau offices, including sub- substantive analysis, in addition to statis- by section 1102 and amended by sections 1103 offices and satellite offices, in appropriate tical information, and shall contain— and 1104, is further amended by adding at the municipalities and locations in the United ‘‘(1) a description of the initiatives that end the following: States. In the selection of sites for the En- the Office of the Ombudsman has taken on ‘‘SEC. 114. BUREAU OF ENFORCEMENT AND BOR- forcement Bureau offices, the Under Sec- improving the responsiveness of the Direc- DER AFFAIRS. retary shall make selections according to torate; ‘‘(a) ESTABLISHMENT OF BUREAU.— trends in unlawful entry and unlawful pres- ‘‘(2) a summary of serious or systemic ‘‘(1) IN GENERAL.—There is established ence, alien smuggling, national security con- problems encountered by the public, includ- within the Directorate a bureau to be known cerns, the number of Federal prosecutions of ing a description of the nature of such prob- as the Bureau of Enforcement and Border Af- immigration-related offenses in a given geo- lems; fairs (in this chapter referred to as the graphic area, and other enforcement consid- ‘‘(3) an accounting of the items described ‘Enforcement Bureau’). erations. The Under Secretary shall conduct in paragraphs (1) and (2) for which action has ‘‘(2) ASSISTANT SECRETARY.—The head of periodic reviews to assess whether the loca- been taken, and the result of such action; the Enforcement Bureau shall be the Assist- tion and size of the respective Enforcement ‘‘(4) an accounting of the items described ant Secretary of Homeland Security for En- Bureau offices adequately serve enforcement in paragraphs (1) and (2) for which action re- forcement and Border Affairs (in this chapter needs. mains to be completed; referred to as the ‘Assistant Secretary for (2) TRANSITION PROVISION.—In determining ‘‘(5) an accounting of the items described Immigration Enforcement’), who— the location of Enforcement Bureau offices, in paragraphs (1) and (2) for which no action ‘‘(A) shall be appointed by the Secretary of including suboffices and satellite offices, the has been taken, the reasons for the inaction, Homeland Security, in consultation with the Under Secretary shall first consider main- and identify any Agency official who is re- Under Secretary; and taining and upgrading offices in existing geo- sponsible for such inaction;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.152 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11107 ‘‘(6) recommendations as may be appro- the Statistics Branch of the Office of Policy (2) the assets, liabilities, contracts, prop- priate to resolve problems encountered by and Planning of the Immigration and Natu- erty, records, and unexpended balance of ap- the public; ralization Service, and the statistical func- propriations, authorizations, allocations, ‘‘(7) recommendations as may be appro- tions performed by the Executive Office for and other funds employed, held, used, arising priate to resolve problems encountered by Immigration Review (or its successor enti- from, available to, or to be made available to the public, including problems created by ty), on the day before the effective date of the Immigration and Naturalization Service backlogs in the adjudication and processing this title. in connection with the functions transferred of petitions and applications; SEC. 1108. CLERICAL AMENDMENTS. pursuant to this title. ‘‘(8) recommendations to resolve problems The table of contents of the Immigration SEC. 1113. DETERMINATIONS WITH RESPECT TO caused by inadequate funding or staffing; and Nationality Act is amended— FUNCTIONS AND RESOURCES. and (1) by inserting after the item relating to Under the direction of the Secretary, the ‘‘(9) such other information as the Ombuds- the heading for title I the following: Under Secretary shall determine, in accord- man may deem advisable. ‘‘CHAPTER 1—DEFINITIONS AND GENERAL ance with the corresponding criteria set ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— AUTHORITIES’’; forth in sections 1112(b), 1113(b), and 1114(b) ‘‘(1) IN GENERAL.—There are authorized to of the Immigration and Nationality Act (as (2) by striking the item relating to section added by this title)— be appropriated to the Office of the Ombuds- 103 and inserting the following: man such sums as may be necessary to carry (1) which of the functions transferred ‘‘Sec. 103. Powers and duties of the Sec- out its functions. under section 1111 are— retary of Homeland Security ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- (A) immigration policy, administration, and the Under Secretary of propriated pursuant to paragraph (1) are au- and inspection functions; Homeland Security for Immi- thorized to remain available until ex- (B) immigration service functions; and gration Affairs.’’; pended.’’. (C) immigration enforcement functions; and and SEC. 1107. OFFICE OF IMMIGRATION STATISTICS (3) by inserting after the item relating to WITHIN THE DIRECTORATE. (2) which of the personnel, assets, liabil- section 106 the following: ities, grants, contracts, property, records, (a) IN GENERAL.—Chapter 2 of title I of the and unexpended balances of appropriations, Immigration and Nationality Act, as added ‘‘CHAPTER 2—DIRECTORATE OF IMMIGRATION authorizations, allocations, and other funds by section 1102 and amended by sections 1103, AFFAIRS transferred under section 1112 were held or 1104, and 1105, is further amended by adding ‘‘Sec. 111. Establishment of Directorate of used, arose from, were available to, or were at the end the following: Immigration Affairs. ‘‘Sec. 112. Under Secretary of Homeland Se- made available, in connection with the per- ‘‘SEC. 116. OFFICE OF IMMIGRATION STATISTICS. curity for Immigration Affairs. formance of the respective functions speci- ‘‘(a) ESTABLISHMENT.—There is established ‘‘Sec. 113. Bureau of Immigration Services. fied in paragraph (1) immediately prior to within the Directorate an Office of Immigra- ‘‘Sec. 114. Bureau of Enforcement and Bor- the effective date of this title. tion Statistics (in this section referred to as der Affairs. SEC. 1114. DELEGATION AND RESERVATION OF the ‘Office’), which shall be headed by a Di- ‘‘Sec. 115. Office of the Ombudsman for Im- FUNCTIONS. rector who shall be appointed by the Sec- migration Affairs. (a) IN GENERAL.— retary of Homeland Security, in consultation ‘‘Sec. 116. Office of Immigration Statis- (1) DELEGATION TO THE BUREAUS.—Under with the Under Secretary. The Office shall tics.’’. the direction of the Secretary, and subject to collect, maintain, compile, analyze, publish, Subtitle B—Transition Provisions section 112(b)(1) of the Immigration and Na- and disseminate information and statistics SEC. 1111. TRANSFER OF FUNCTIONS. tionality Act (as added by section 1103), the about immigration in the United States, in- (a) IN GENERAL.— Under Secretary shall delegate— cluding information and statistics involving (1) FUNCTIONS OF THE ATTORNEY GENERAL.— (A) immigration service functions to the the functions of the Directorate and the Ex- All functions under the immigration laws of Assistant Secretary for Immigration Serv- ecutive Office for Immigration Review (or its the United States vested by statute in, or ex- ices; and successor entity). ercised by, the Attorney General, imme- (B) immigration enforcement functions to ‘‘(b) RESPONSIBILITIES OF DIRECTOR.—The diately prior to the effective date of this the Assistant Secretary for Immigration En- Director of the Office shall be responsible for title, are transferred to the Secretary on forcement. the following: such effective date for exercise by the Sec- (2) RESERVATION OF FUNCTIONS.—Subject to ‘‘(1) STATISTICAL INFORMATION.—Mainte- retary through the Under Secretary in ac- section 112(b)(1) of the Immigration and Na- nance of all immigration statistical informa- cordance with section 112(b) of the Immigra- tionality Act (as added by section 1103), im- tion of the Directorate of Immigration Af- tion and Nationality Act, as added by sec- migration policy, administration, and in- fairs. tion 1103 of this Act. spection functions shall be reserved for exer- ‘‘(2) STANDARDS OF RELIABILITY AND VALID- (2) FUNCTIONS OF THE COMMISSIONER OR THE cise by the Under Secretary. (b) NONEXCLUSIVE DELEGATIONS AUTHOR- ITY.—Establishment of standards of reli- INS.—All functions under the immigration ability and validity for immigration statis- laws of the United States vested by statute IZED.—Delegations made under subsection (a) may be on a nonexclusive basis as the Under tics collected by the Bureau of Immigration in, or exercised by, the Commissioner of Im- Secretary may determine may be necessary Services, the Bureau of Enforcement, and migration and Naturalization or the Immi- to ensure the faithful execution of the Under the Executive Office for Immigration Review gration and Naturalization Service (or any Secretary’s responsibilities and duties under (or its successor entity). officer, employee, or component thereof), im- law. ‘‘(c) RELATION TO THE DIRECTORATE OF IM- mediately prior to the effective date of this (c) EFFECT OF DELEGATIONS.—Except as MIGRATION AFFAIRS AND THE EXECUTIVE OF- title, are transferred to the Directorate of FICE FOR IMMIGRATION REVIEW.— otherwise expressly prohibited by law or oth- Immigration Affairs on such effective date erwise provided in this title, the Under Sec- ‘‘(1) OTHER AUTHORITIES.—The Directorate for exercise by the Under Secretary in ac- and the Executive Office for Immigration retary may make delegations under this sub- cordance with section 112(b) of the Immigra- section to such officers and employees of the Review (or its successor entity) shall provide tion and Nationality Act, as added by sec- statistical information to the Office from office of the Under Secretary, the Service tion 1103 of this Act. Bureau, and the Enforcement Bureau, re- the operational data systems controlled by (b) EXERCISE OF AUTHORITIES.—Except as the Directorate and the Executive Office for spectively, as the Under Secretary may des- otherwise provided by law, the Under Sec- ignate, and may authorize successive redele- Immigration Review (or its successor enti- retary may, for purposes of performing any gations of such functions as may be nec- ty), respectively, as requested by the Office, function transferred to the Directorate of essary or appropriate. No delegation of func- for the purpose of meeting the responsibil- Immigration Affairs under subsection (a), ex- tions under this subsection or under any ities of the Director of the Office. ercise all authorities under any other provi- other provision of this title shall relieve the ATABASES.—The Director of the Of- ‘‘(2) D sion of law that were available with respect official to whom a function is transferred fice, under the direction of the Secretary, to the performance of that function to the under this title of responsibility for the ad- shall ensure the interoperability of the data- official responsible for the performance of ministration of the function. bases of the Directorate, the Bureau of Im- the function immediately before the effec- (d) STATUTORY CONSTRUCTION.—Nothing in migration Services, the Bureau of Enforce- tive date of the transfer of the function this division may be construed to limit the ment, and the Executive Office for Immigra- under this title. authority of the Under Secretary, acting dition Review (or its successor entity) to per- SEC. 1112. TRANSFER OF PERSONNEL AND rectly or by delegation under the Secretary, mit the Director of the Office to perform the OTHER RESOURCES. to establish such offices or positions within duties of such office.’’. Subject to section 1531 of title 31, United the Directorate of Immigration Affairs, in (b) TRANSFER OF FUNCTIONS.—There are States Code, upon the effective date of this addition to those specified by this division, transferred to the Directorate of Immigra- title, there are transferred to the Under Sec- as the Under Secretary may determine to be tion Affairs for exercise by the Under Sec- retary for appropriate allocation in accord- necessary to carry out the functions of the retary through the Office of Immigration ance with section 1115— Directorate. Statistics established by section 116 of the (1) the personnel of the Department of Jus- SEC. 1115. ALLOCATION OF PERSONNEL AND Immigration and Nationality Act, as added tice employed in connection with the func- OTHER RESOURCES. by subsection (a), the functions performed by tions transferred under this title; and (a) AUTHORITY OF THE UNDER SECRETARY.—

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(1) IN GENERAL.—Subject to paragraph (2) of any such proceeding under the same terms (1) IN GENERAL.—There are authorized to be and section 1114(b), the Under Secretary and conditions and to the same extent that appropriated to the Department of Homeland shall make allocations of personnel, assets, such proceeding could have been discon- Security such sums as may be necessary— liabilities, grants, contracts, property, tinued or modified if this section had not (A) to effect— records, and unexpended balances of appro- been enacted. (i) the abolition of the Immigration and priations, authorizations, allocations, and (c) SUITS.—This title, and the amendments Naturalization Service; other funds held, used, arising from, avail- made by this title, shall not affect suits com- (ii) the establishment of the Directorate of able to, or to be made available in connec- menced before the effective date of this title, Immigration Affairs and its components, the tion with the performance of the respective and in all such suits, proceeding shall be had, Bureau of Immigration Services, and the Bu- functions, as determined under section 1113, appeals taken, and judgments rendered in reau of Enforcement and Border Affairs; and in accordance with the delegation of func- the same manner and with the same effect as (iii) the transfer of functions required to be tions and the reservation of functions made if this title, and the amendments made by made under this division; and under section 1114. this title, had not been enacted. (B) to carry out any other duty that is (d) NONABATEMENT OF ACTIONS.—No suit, (2) LIMITATION.—Unexpended funds trans- made necessary by this division, or any ferred pursuant to section 1112 shall be used action, or other proceeding commenced by or amendment made by this division. against the Department of Justice or the Im- only for the purposes for which the funds (2) ACTIVITIES SUPPORTED.—Activities sup- migration and Naturalization Service, or by were originally authorized and appropriated. ported under paragraph (1) include— or against any individual in the official ca- (b) AUTHORITY TO TERMINATE AFFAIRS OF (A) planning for the transfer of functions pacity of such individual as an officer or em- INS.—The Attorney General in consultation from the Immigration and Naturalization ployee in connection with a function trans- with the Secretary, shall provide for the ter- Service to the Directorate of Immigration ferred pursuant to this section, shall abate mination of the affairs of the Immigration by reason of the enactment of this Act. Affairs, including the preparation of any re- and Naturalization Service and such further (e) CONTINUANCE OF SUIT WITH SUBSTI- ports and implementation plans necessary measures and dispositions as may be nec- TUTION OF PARTIES.—If any Government offi- for such transfer; essary to effectuate the purposes of this divi- cer in the official capacity of such officer is (B) the division, acquisition, and disposi- sion. party to a suit with respect to a function of tion of— (c) TREATMENT OF SHARED RESOURCES.— the officer, and such function is transferred (i) buildings and facilities; The Under Secretary is authorized to provide under this title to any other officer or office, (ii) support and infrastructure resources; for an appropriate allocation, or coordina- then such suit shall be continued with the and tion, or both, of resources involved in sup- other officer or the head of such other office, (iii) computer hardware, software, and reporting shared support functions for the of- as applicable, substituted or added as a lated documentation; fice of the Under Secretary, the Service Bu- party. (C) other capital expenditures necessary to reau, and the Enforcement Bureau. The (f) ADMINISTRATIVE PROCEDURE AND JUDI- effect the transfer of functions described in Under Secretary shall maintain oversight CIAL REVIEW.—Except as otherwise provided this paragraph; and control over the shared computer data- by this title, any statutory requirements re- (D) revision of forms, stationery, logos, bases and systems and records management. lating to notice, hearings, action upon the and signage; SEC. 1116. SAVINGS PROVISIONS. record, or administrative or judicial review (E) expenses incurred in connection with (a) LEGAL DOCUMENTS.—All orders, deter- that apply to any function transferred under the transfer and training of existing per- minations, rules, regulations, permits, this title shall apply to the exercise of such sonnel and hiring of new personnel; and grants, loans, contracts, recognition of labor function by the head of the office, and other (F) such other expenses necessary to effect organizations, agreements, including collec- officers of the office, to which such function the transfers, as determined by the Sec- tive bargaining agreements, certificates, li- is transferred. retary. SEC. 1117. INTERIM SERVICE OF THE COMMIS- censes, and privileges— (b) AVAILABILITY OF FUNDS.—Amounts ap- (1) that have been issued, made, granted, or SIONER OF IMMIGRATION AND NAT- URALIZATION. propriated pursuant to subsection (a) are au- allowed to become effective by the Presi- The individual serving as the Commis- thorized to remain available until expended. dent, the Attorney General, the Commis- sioner of Immigration and Naturalization on sioner of the Immigration and Naturaliza- (c) TRANSITION ACCOUNT.— the day before the effective date of this title tion Service, their delegates, or any other (1) ESTABLISHMENT.—There is established may serve as Under Secretary until the date Government official, or by a court of com- in the general fund of the Treasury of the on which an Under Secretary is appointed petent jurisdiction, in the performance of United States a separate account, which under section 112 of the Immigration and Na- shall be known as the ‘‘Directorate of Immi- any function that is transferred under this tionality Act, as added by section 1103. title; and gration Affairs Transition Account’’ (in this SEC. 1118. EXECUTIVE OFFICE FOR IMMIGRATION section referred to as the ‘‘Account’’). (2) that are in effect on the effective date REVIEW AUTHORITIES NOT AF- of such transfer (or become effective after (2) USE OF ACCOUNT.—There shall be depos- FECTED. ited into the Account all amounts appro- such date pursuant to their terms as in ef- Nothing in this title, or any amendment fect on such effective date); priated under subsection (a) and amounts re- made by this title, may be construed to au- programmed for the purposes described in shall continue in effect according to their thorize or require the transfer or delegation subsection (a). terms until modified, terminated, super- of any function vested in, or exercised by the seded, set aside, or revoked in accordance Executive Office for Immigration Review of (d) REPORT TO CONGRESS ON TRANSITION.— with law by the President, any other author- the Department of Justice (or its successor Beginning not later than 90 days after the ef- ized official, a court of competent jurisdic- entity), or any officer, employee, or compo- fective date of division A of this Act, and at tion, or operation of law, except that any nent thereof immediately prior to the effec- the end of each fiscal year in which appro- collective bargaining agreement shall re- tive date of this title. priations are made pursuant to subsection main in effect until the date of termination SEC. 1119. OTHER AUTHORITIES NOT AFFECTED. (c), the Secretary of Homeland Security specified in the agreement. Nothing in this title, or any amendment shall submit a report to Congress concerning (b) PROCEEDINGS.— made by this title, may be construed to au- the availability of funds to cover transition (1) PENDING.—Sections 111 through 116 of thorize or require the transfer or delegation costs, including— the Immigration and Nationality Act, as of any function vested in, or exercised by— (1) any unobligated balances available for added by subtitle A of this title, shall not af- (1) the Secretary of State under the State such purposes; and fect any proceeding or any application for Department Basic Authorities Act of 1956, or (2) a calculation of the amount of appro- any benefit, service, license, permit, certifi- under the immigration laws of the United priations that would be necessary to fully cate, or financial assistance pending on the States, immediately prior to the effective fund the activities described in subsection effective date of this title before an office date of this title, with respect to the (a). whose functions are transferred under this issuance and use of passports and visas; (e) EFFECTIVE DATE.—This section shall title, but such proceedings and applications (2) the Secretary of Labor or any official of take effect 1 year after the effective date of shall be continued. the Department of Labor immediately prior division A of this Act. (2) ORDERS.—Orders shall be issued in such to the effective date of this title, with re- proceedings, appeals shall be taken there- spect to labor certifications or any other au- Subtitle C—Miscellaneous Provisions thority under the immigration laws of the from, and payments shall be made pursuant SEC. 1121. FUNDING ADJUDICATION AND NATU- to such orders, as if this Act had not been en- United States; or RALIZATION SERVICES. acted, and orders issued in any such pro- (3) except as otherwise specifically proceeding shall continue in effect until modi- vided in this division, any other official of (a) LEVEL OF FEES.—Section 286(m) of the fied, terminated, superseded, or revoked by a the Federal Government under the immigra- Immigration and Nationality Act (8 U.S.C. duly authorized official, by a court of com- tion laws of the United States immediately 1356(m)) is amended by striking ‘‘services, in- petent jurisdiction, or by operation of law. prior to the effective date of this title. cluding the costs of similar services provided (3) DISCONTINUANCE OR MODIFICATION.— SEC. 1120. TRANSITION FUNDING. without charge to asylum applicants or Nothing in this section shall be considered to (a) AUTHORIZATION OF APPROPRIATIONS FOR other immigrants’’ and inserting ‘‘services’’. prohibit the discontinuance or modification TRANSITION.— (b) USE OF FEES.—

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(1) IN GENERAL.—Each fee collected for the personal identification number (PIN) or ‘‘(1) Parole from detention. provision of an adjudication or naturaliza- other personalized password. ‘‘(2) For individuals not otherwise qualified tion service shall be used only to fund adju- (4) PROHIBITION ON FEES.—The Under Sec- for parole under paragraph (1), parole with dication or naturalization services or, sub- retary shall not charge any immigrant, non- appearance assistance provided by private ject to the availability of funds provided pur- immigrant, employer, or other person de- nonprofit voluntary agencies with expertise suant to subsection (c), costs of similar serv- scribed in paragraph (1) a fee for access to in the legal and social needs of asylum seek- ices provided without charge to asylum and the information in the database that per- ers. refugee applicants. tains to that person. ‘‘(3) For individuals not otherwise qualified (2) PROHIBITION.—No fee may be used to (b) FEASIBILITY STUDY FOR ON-LINE FILING for parole under paragraph (1) or (2), non-se- fund adjudication- or naturalization-related AND IMPROVED PROCESSING.— cure shelter care or group homes operated by audits that are not regularly conducted in (1) ON-LINE FILING.— private nonprofit voluntary agencies with the normal course of operation. (A) IN GENERAL.—The Under Secretary, in expertise in the legal and social needs of asy- (c) REFUGEE AND ASYLUM ADJUDICATION consultation with the Technology Advisory lum seekers. SERVICES.— Committee, shall conduct a study to deter- ‘‘(4) Noninstitutional settings for minors (1) AUTHORIZATION OF APPROPRIATIONS.—In mine the feasibility of on-line filing of the such as foster care or group homes operated addition to such sums as may be otherwise documents described in subsection (a). by private nonprofit voluntary agencies with available for such purposes, there are au- (B) STUDY ELEMENTS.—The study shall— expertise in the legal and social needs of asy- thorized to be appropriated such sums as (i) include a review of computerization and lum seekers. may be necessary to carry out the provisions technology of the Immigration and Natu- ‘‘(c) REGULATIONS.—The Under Secretary of sections 207 through 209 of the Immigra- ralization Service (or successor agency) re- shall promulgate such regulations as may be tion and Nationality Act. lating to immigration services and the proc- necessary to carry out this section. (2) AVAILABILITY OF FUNDS.—Funds appro- essing of such documents; ‘‘(d) DEFINITION.—In this section, the term priated pursuant to paragraph (1) are author- (ii) include an estimate of the time-frame ‘asylum seeker’ means any applicant for asy- ized to remain available until expended. and costs of implementing on-line filing of lum under section 208 or any alien who indi- (d) SEPARATION OF FUNDING.— such documents; and cates an intention to apply for asylum under (1) IN GENERAL.—There shall be established (iii) consider other factors in imple- that section.’’. separate accounts in the Treasury of the menting such a filing system, including the (b) CLERICAL AMENDMENT.—The table of United States for appropriated funds and feasibility of the payment of fees on-line. contents of the Immigration and Nationality other collections available for the Bureau of (2) REPORT.—Not later than 2 years after Act is amended by inserting after the item Immigration Services and the Bureau of En- the effective date of division A, the Under relating to section 236A the following new forcement and Border Affairs. Secretary shall submit to the Committees on item: (2) FEES.—Fees imposed for a particular the Judiciary of the Senate and the House of ‘‘Sec. 236B. Alternatives to detention of asy- service, application, or benefit shall be de- Representatives a report on the findings of lum seekers.’’. the study conducted under this subsection. posited into the account established under Subtitle D—Effective Date paragraph (1) that is for the bureau with ju- (c) TECHNOLOGY ADVISORY COMMITTEE.— SEC. 1131. EFFECTIVE DATE. risdiction over the function to which the fee (1) ESTABLISHMENT.—Not later than 1 year This title, and the amendments made by relates. after the effective date of division A, the this title, shall take effect one year after the (3) FEES NOT TRANSFERABLE.—No fee may Under Secretary shall establish, after con- be transferred between the Bureau of Immi- sultation with the Committees on the Judi- effective date of division A of this Act. gration Services and the Bureau of Enforce- ciary of the Senate and the House of Rep- TITLE XII—UNACCOMPANIED ALIEN ment and Border Affairs for purposes not au- resentatives, an advisory committee (in this CHILD PROTECTION thorized by section 286 of the Immigration section referred to as the ‘‘Technology Advi- SEC. 1201. SHORT TITLE. and Nationality Act, as amended by sub- sory Committee’’) to assist the Under Sec- This title may be cited as the section (a). retary in— ‘‘Unaccompanied Alien Child Protection Act (e) AUTHORIZATION OF APPROPRIATIONS FOR (A) establishing the tracking system under of 2002’’. subsection (a); and BACKLOG REDUCTION.— SEC. 1202. DEFINITIONS. (B) conducting the study under subsection (1) IN GENERAL.—There are authorized to be (a) IN GENERAL.—In this title: (b). appropriated such sums as may be necessary (1) DIRECTOR.—The term ‘‘Director’’ means (2) COMPOSITION.—The Technology Advi- for each of the fiscal years 2003 through 2006 the Director of the Office. sory Committee shall be composed of— to carry out the Immigration Services and (2) OFFICE.—The term ‘‘Office’’ means the (A) experts from the public and private sec- Infrastructure Improvement Act of 2000 (title Office of Refugee Resettlement as estab- tor capable of establishing and implementing II of Public Law 106–313). lished by section 411 of the Immigration and the system in an expeditious manner; and (2) AVAILABILITY OF FUNDS.—Amounts ap- Nationality Act. (B) representatives of persons or entities propriated under paragraph (1) are author- (3) SERVICE.—The term ‘‘Service’’ means who may use the tracking system described ized to remain available until expended. the Immigration and Naturalization Service in subsection (a) and the on-line filing sys- (3) INFRASTRUCTURE IMPROVEMENT AC- (or, upon the effective date of title XI, the tem described in subsection (b)(1). COUNT.—Amounts appropriated under para- Directorate of Immigration Affairs). SEC. 1123. ALTERNATIVES TO DETENTION OF graph (1) shall be deposited into the Immi- (4) UNACCOMPANIED ALIEN CHILD.—The term ASYLUM SEEKERS. gration Services and Infrastructure Improve- ‘‘unaccompanied alien child’’ means a child (a) ASSIGNMENTS OF ASYLUM OFFICERS.— ments Account established by section who— 204(a)(2) of title II of Public Law 106–313. The Under Secretary shall assign asylum officers to major ports of entry in the United (A) has no lawful immigration status in SEC. 1122. APPLICATION OF INTERNET-BASED States to assist in the inspection of asylum the United States; TECHNOLOGIES. seekers. For other ports of entry, the Under (B) has not attained the age of 18; and (a) ESTABLISHMENT OF ON-LINE DATA- Secretary shall take steps to ensure that (C) with respect to whom— BASE.— asylum officers participate in the inspec- (i) there is no parent or legal guardian in (1) IN GENERAL.—Not later than 2 years tions process. the United States; or after the effective date of division A, the (b) AMENDMENT OF THE IMMIGRATION AND (ii) no parent or legal guardian in the Secretary, in consultation with the Under NATIONALITY ACT.—Chapter 4 of title II of United States is available to provide care Secretary and the Technology Advisory the Immigration and Nationality Act (8 and physical custody. Committee, shall establish an Internet-based U.S.C. 1221 et seq.) is amended by inserting (5) VOLUNTARY AGENCY.—The term system that will permit an immigrant, non- after section 236A the following new section: ‘‘voluntary agency’’ means a private, nonimmigrant, employer, or other person who ‘‘SEC. 236B. ALTERNATIVES TO DETENTION OF profit voluntary agency with expertise in files any application, petition, or other re- ASYLUM SEEKERS. meeting the cultural, developmental, or psy- quest for any benefit under the immigration ‘‘(a) DEVELOPMENT OF ALTERNATIVES TO DE- chological needs of unaccompanied alien laws of the United States access to on-line TENTION.—The Under Secretary shall— children as licensed by the appropriate State information about the processing status of ‘‘(1) authorize and promote the utilization and certified by the Director of the Office of the application, petition, or other request. of alternatives to the detention of asylum Refugee Resettlement. (2) PRIVACY CONSIDERATIONS.—The Under seekers who do not have nonpolitical crimi- (b) AMENDMENTS TO THE IMMIGRATION AND Secretary shall consider all applicable pri- nal records; and NATIONALITY ACT.—Section 101(a) (8 U.S.C. vacy issues in the establishment of the Inter- ‘‘(2) establish conditions for the detention 1101(a)) is amended by adding at the end the net system described in paragraph (1). No of asylum seekers that ensure a safe and hu- following new paragraphs: personally identifying information shall be mane environment. ‘‘(53) The term ‘unaccompanied alien child’ accessible to unauthorized persons. ‘‘(b) SPECIFIC ALTERNATIVES FOR CONSIDER- means a child who— (3) MEANS OF ACCESS.—The on-line informa- ATION.—The Under Secretary shall consider ‘‘(A) has no lawful immigration status in tion under the Internet system described in the following specific alternatives to the de- the United States; paragraph (1) shall be accessible to the per- tention of asylum seekers described in sub- ‘‘(B) has not attained the age of 18; and sons described in paragraph (1) through a section (a): ‘‘(C) with respect to whom—

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‘‘(i) there is no parent or legal guardian in (3) DUTIES WITH RESPECT TO FOSTER CARE.— pursuant to this section shall be used only the United States; or In carrying out the duties described in para- for the purposes for which the funds were ‘‘(ii) no parent or legal guardian in the graph (3)(F), the Director is encouraged to originally authorized and appropriated. United States is able to provide care and utilize the refugee children foster care sys- (c) LEGAL DOCUMENTS.—All orders, deter- physical custody. tem established under section 412(d)(2) of the minations, rules, regulations, permits, ‘‘(54) The term ‘unaccompanied refugee Immigration and Nationality Act for the grants, loans, contracts, recognition of labor children’ means persons described in para- placement of unaccompanied alien children. organizations, agreements, including collec- graph (42) who— (4) POWERS.—In carrying out the duties tive bargaining agreements, certificates, li- ‘‘(A) have not attained the age of 18; and under paragraph (3), the Director shall have censes, and privileges— ‘‘(B) with respect to whom there are no the power to— (1) that have been issued, made, granted, or parents or legal guardians available to pro- (A) contract with service providers to per- allowed to become effective by the Presi- vide care and physical custody.’’. form the services described in sections 1222, dent, the Attorney General, the Commis- Subtitle A—Structural Changes 1223, 1231, and 1232; and sioner of the Immigration and Naturaliza- SEC. 1211. RESPONSIBILITIES OF THE OFFICE OF (B) compel compliance with the terms and tion Service, their delegates, or any other REFUGEE RESETTLEMENT WITH RE- conditions set forth in section 1223, including Government official, or by a court of com- SPECT TO UNACCOMPANIED ALIEN the power to terminate the contracts of pro- petent jurisdiction, in the performance of CHILDREN. viders that are not in compliance with such any function that is transferred pursuant to (a) IN GENERAL.— conditions and reassign any unaccompanied this section; and (1) RESPONSIBILITIES OF THE OFFICE.—The alien child to a similar facility that is in (2) that are in effect on the effective date Office shall be responsible for— compliance with such section. of such transfer (or become effective after (A) coordinating and implementing the (b) NO EFFECT ON SERVICE, EOIR, AND DE- such date pursuant to their terms as in ef- care and placement for unaccompanied alien PARTMENT OF STATE ADJUDICATORY RESPON- fect on such effective date); children who are in Federal custody by rea- SIBILITIES.—Nothing in this title may be con- shall continue in effect according to their son of their immigration status; and strued to transfer the responsibility for adju- terms until modified, terminated, super- (B) ensuring minimum standards of deten- dicating benefit determinations under the seded, set aside, or revoked in accordance tion for all unaccompanied alien children. Immigration and Nationality Act from the with law by the President, any other author- (2) DUTIES OF THE DIRECTOR WITH RESPECT authority of any official of the Service, the ized official, a court of competent jurisdic- TO UNACCOMPANIED ALIEN CHILDREN.—The Di- Executive Office of Immigration Review (or tion, or operation of law, except that any rector shall be responsible under this title successor entity), or the Department of collective bargaining agreement shall re- for— State. main in effect until the date of termination (A) ensuring that the best interests of the specified in the agreement. SEC. 1212. ESTABLISHMENT OF INTERAGENCY child are considered in decisions and actions (d) PROCEEDINGS.— relating to the care and placement of an un- TASK FORCE ON UNACCOMPANIED ALIEN CHILDREN. (1) PENDING.—The transfer of functions accompanied alien child; (a) ESTABLISHMENT.—There is established under subsection (a) shall not affect any pro- (B) making placement, release, and deten- an Interagency Task Force on Unaccom- ceeding or any application for any benefit, tion determinations for all unaccompanied service, license, permit, certificate, or finan- alien children in the custody of the Office; panied Alien Children. (b) COMPOSITION.—The Task Force shall cial assistance pending on the effective date (C) implementing the placement, release, of this subtitle before an office whose func- and detention determinations made by the consist of the following members: (1) The Assistant Secretary, Administra- tions are transferred pursuant to this sec- Office; tion, but such proceedings and applications (D) convening, in the absence of the Assist- tion for Children and Families, Department of Health and Human Services. shall be continued. ant Secretary, Administration for Children (2) ORDERS.—Orders shall be issued in such and Families of the Department of Health (2) The Under Secretary of Homeland Secu- rity for Immigration Affairs. proceedings, appeals shall be taken there- and Human Services, the Interagency Task from, and payments shall be made pursuant Force on Unaccompanied Alien Children es- (3) The Assistant Secretary of State for Population, Refugees, and Migration. to such orders, as if this Act had not been en- tablished in section 1212; acted, and orders issued in any such pro- (E) identifying a sufficient number of (4) The Director. (5) Such other officials in the executive ceeding shall continue in effect until modi- qualified persons, entities, and facilities to fied, terminated, superseded, or revoked by a house unaccompanied alien children in ac- branch of Government as may be designated by the President. duly authorized official, by a court of com- cordance with sections 1222 and 1223; petent jurisdiction, or by operation of law. (F) overseeing the persons, entities, and fa- (c) CHAIRMAN.—The Task Force shall be (3) DISCONTINUANCE OR MODIFICATION.— cilities described in sections 1222 and 1223 to chaired by the Assistant Secretary, Adminis- tration for Children and Families, Depart- Nothing in this section shall be considered to ensure their compliance with such provi- prohibit the discontinuance or modification sions; ment of Health and Human Services. (d) ACTIVITIES OF THE TASK FORCE.—In con- of any such proceeding under the same terms (G) compiling, updating, and publishing at and conditions and to the same extent that least annually a State-by-State list of pro- sultation with nongovernmental organizations, the Task Force shall— such proceeding could have been discon- fessionals or other entities qualified to continued or modified if this section had not tract with the Office to provide the services (1) measure and evaluate the progress of the United States in treating unaccompanied been enacted. described in sections 1231 and 1232; (e) SUITS.—This section shall not affect alien children in United States custody; and (H) maintaining statistical information suits commenced before the effective date of (2) expand interagency procedures to col- and other data on unaccompanied alien chil- this subtitle, and in all such suits, pro- lect and organize data, including significant dren in the Office’s custody and care, which ceeding shall be had, appeals taken, and research and resource information on the shall include— judgments rendered in the same manner and needs and treatment of unaccompanied alien (i) biographical information such as the with the same effect as if this section had children in the custody of the United States child’s name, gender, date of birth, country not been enacted. Government. of birth, and country of habitual residence; (f) NONABATEMENT OF ACTIONS.—No suit, (ii) the date on which the child came into SEC. 1213. TRANSITION PROVISIONS. action, or other proceeding commenced by or Federal custody, including each instance in (a) TRANSFER OF FUNCTIONS.—All functions against the Department of Justice or the Im- which such child came into the custody of— with respect to the care and custody of unac- migration and Naturalization Service, or by (I) the Service; or companied alien children under the immigra- or against any individual in the official ca- (II) the Office; tion laws of the United States vested by pacity of such individual as an officer or em- (iii) information relating to the custody, statute in, or exercised by, the Commis- ployee in connection with a function trans- detention, release, and repatriation of unac- sioner of Immigration and Naturalization (or ferred under this section, shall abate by rea- companied alien children who have been in any officer, employee, or component there- son of the enactment of this Act. the custody of the Office; of), immediately prior to the effective date (g) CONTINUANCE OF SUIT WITH SUBSTI- (iv) in any case in which the child is placed of this subtitle, are transferred to the Office. TUTION OF PARTIES.—If any Government offi- in detention, an explanation relating to the (b) TRANSFER AND ALLOCATIONS OF APPRO- cer in the official capacity of such officer is detention; and PRIATIONS AND PERSONNEL.—The personnel party to a suit with respect to a function of (v) the disposition of any actions in which employed in connection with, and the assets, the officer, and pursuant to this section such the child is the subject; liabilities, contracts, property, records, and function is transferred to any other officer (I) collecting and compiling statistical in- unexpended balances of appropriations, au- or office, then such suit shall be continued formation from the Service, including Bor- thorizations, allocations, and other funds with the other officer or the head of such der Patrol and inspections officers, on the employed, used, held, arising from, available other office, as applicable, substituted or unaccompanied alien children with whom to, or to be made available in connection added as a party. they come into contact; and with the functions transferred by this sec- (h) ADMINISTRATIVE PROCEDURE AND JUDI- (J) conducting investigations and inspection, subject to section 1531 of title 31, CIAL REVIEW.—Except as otherwise provided tions of facilities and other entities in which United States Code, shall be transferred to by this title, any statutory requirements re- unaccompanied alien children reside. the Office. Unexpended funds transferred lating to notice, hearings, action upon the

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.153 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11111

record, or administrative or judicial review tion and Nationality Act, while such charges (A) PLACEMENT WITH PARENT OR LEGAL that apply to any function transferred pursu- are pending; or GUARDIAN.—If an unaccompanied alien child ant to any provision of this section shall (ii) has been convicted of any such felony. is placed with any person or entity other apply to the exercise of such function by the (C) EXCEPTION FOR CHILDREN WHO THREATEN than a parent or legal guardian, but subse- head of the office, and other officers of the NATIONAL SECURITY.—Notwithstanding sub- quent to that placement a parent or legal office, to which such function is transferred paragraph (A), the Service shall retain or as- guardian seeks to establish custody, the Di- pursuant to such provision. sume the custody and care of an unaccom- rector shall assess the suitability of placing SEC. 1214. EFFECTIVE DATE. panied alien child if the Secretary of Home- the child with the parent or legal guardian This subtitle shall take effect one year land Security has substantial evidence that and shall make a written determination on after the effective date of division A of this such child endangers the national security of the child’s placement within 30 days. Act. the United States. (B) RULE OF CONSTRUCTION.—Nothing in Subtitle B—Custody, Release, Family (2) NOTIFICATION.—Upon apprehension of an this title shall be construed to— Reunification, and Detention unaccompanied alien child, the Secretary (i) supersede obligations under any treaty SEC. 1221. PROCEDURES WHEN ENCOUNTERING shall promptly notify the Office. or other international agreement to which UNACCOMPANIED ALIEN CHILDREN. (3) TRANSFER OF UNACCOMPANIED ALIEN the United States is a party, including The (a) UNACCOMPANIED CHILDREN FOUND ALONG CHILDREN.— Hague Convention on the Civil Aspects of THE UNITED STATES BORDER OR AT UNITED (A) TRANSFER TO THE OFFICE.—The care and International Child Abduction, the Vienna STATES PORTS OF ENTRY.— custody of an unaccompanied alien child Declaration and Programme of Action, and (1) IN GENERAL.—Subject to paragraph (2), shall be transferred to the Office— the Declaration of the Rights of the Child; or if an immigration officer finds an unaccom- (i) in the case of a child not described in (ii) limit any right or remedy under such panied alien child who is described in para- paragraph (1) (B) or (C), not later than 72 international agreement. graph (2) at a land border or port of entry of hours after the apprehension of such child; (4) PROTECTION FROM SMUGGLERS AND TRAF- the United States and determines that such or FICKERS.—The Director shall take affirma- child is inadmissible under the Immigration (ii) in the case of a child whose custody has tive steps to ensure that unaccompanied and Nationality Act, the officer shall— been retained or assumed by the Service pur- alien children are protected from smugglers, (A) permit such child to withdraw the suant to paragraph (1) (B) or (C), imme- traffickers, or others seeking to victimize or child’s application for admission pursuant to diately following a determination that the otherwise engage such children in criminal, section 235(a)(4) of the Immigration and Na- child no longer meets the description set harmful, or exploitative activity. Attorneys tionality Act; and forth in such paragraph. involved in such activities should be re- (B) remove such child from the United (B) TRANSFER TO THE SERVICE.—Upon deter- ported to their State bar associations for dis- States. mining that a child in the custody of the Of- ciplinary action. (2) SPECIAL RULE FOR CONTIGUOUS COUN- fice is described in paragraph (1) (B) or (C), (5) GRANTS AND CONTRACTS.—Subject to the TRIES.— the Director shall promptly make arrange- availability of appropriations, the Director (A) IN GENERAL.—Any child who is a na- ments to transfer the care and custody of is authorized to make grants to, and enter tional or habitual resident of a country that such child to the Service. into contracts with, voluntary agencies to is contiguous with the United States and (c) AGE DETERMINATIONS.—In any case in carry out the provisions of this section. which the age of an alien is in question and that has an agreement in writing with the (6) REIMBURSEMENT OF STATE EXPENSES.— United States providing for the safe return the resolution of questions about such Subject to the availability of appropriations, and orderly repatriation of unaccompanied alien’s age would affect the alien’s eligibility the Director is authorized to reimburse for treatment under the provisions of this alien children who are nationals or habitual States for any expenses they incur in pro- title, a determination of whether such alien residents of such country shall be treated in viding assistance to unaccompanied alien meets the age requirements of this title shall accordance with paragraph (1), unless a de- children who are served pursuant to this be made in accordance with the provisions of termination is made on a case-by-case basis title. that— section 1225. (b) CONFIDENTIALITY.—All information ob- (i) such child has a fear of returning to the SEC. 1222. FAMILY REUNIFICATION FOR UNAC- tained by the Office relating to the immigra- child’s country of nationality or country of COMPANIED ALIEN CHILDREN WITH tion status of a person listed in subsection last habitual residence owing to a fear of RELATIVES IN THE UNITED STATES. (a) shall remain confidential and may be persecution; (a) PLACEMENT AUTHORITY.— used only for the purposes of determining (ii) the return of such child to the child’s (1) ORDER OF PREFERENCE.—Subject to the such person’s qualifications under subsection country of nationality or country of last ha- Director’s discretion under paragraph (4) and (a)(1). bitual residence would endanger the life or section 1223(a)(2), an unaccompanied alien safety of such child; or child in the custody of the Office shall be SEC. 1223. APPROPRIATE CONDITIONS FOR DE- (iii) the child cannot make an independent promptly placed with one of the following in- TENTION OF UNACCOMPANIED decision to withdraw the child’s application dividuals in the following order of pref- ALIEN CHILDREN. for admission due to age or other lack of ca- erence: (a) STANDARDS FOR PLACEMENT.— pacity. (A) A parent who seeks to establish cus- (1) PROHIBITION OF DETENTION IN CERTAIN (B) RIGHT OF CONSULTATION.—Any child de- tody, as described in paragraph (3)(A). FACILITIES.—Except as provided in paragraph scribed in subparagraph (A) shall have the (B) A legal guardian who seeks to establish (2), an unaccompanied alien child shall not right to consult with a consular officer from custody, as described in paragraph (3)(A). be placed in an adult detention facility or a the child’s country of nationality or country (C) An adult relative. facility housing delinquent children. of last habitual residence prior to repatri- (D) An entity designated by the parent or (2) DETENTION IN APPROPRIATE FACILITIES.— ation, as well as consult with the Office, legal guardian that is capable and willing to An unaccompanied alien child who has ex- telephonically, and such child shall be in- care for the child’s well-being. hibited a violent or criminal behavior that formed of that right. (E) A State-licensed juvenile shelter, group endangers others may be detained in condi- (3) RULE FOR APPREHENSIONS AT THE BOR- home, or foster home willing to accept legal tions appropriate to the behavior in a facil- DER.—The custody of unaccompanied alien custody of the child. ity appropriate for delinquent children. children not described in paragraph (2) who (F) A qualified adult or entity seeking cus- (3) STATE LICENSURE.—In the case of a are apprehended at the border of the United tody of the child when it appears that there placement of a child with an entity described States or at a United States port of entry is no other likely alternative to long-term in section 1222(a)(1)(E), the entity must be li- shall be treated in accordance with the pro- detention and family reunification does not censed by an appropriate State agency to visions of subsection (b). appear to be a reasonable alternative. For provide residential, group, child welfare, or (b) CUSTODY OF UNACCOMPANIED ALIEN purposes of this subparagraph, the qualifica- foster care services for dependent children. CHILDREN FOUND IN THE INTERIOR OF THE tion of the adult or entity shall be decided (4) CONDITIONS OF DETENTION.— UNITED STATES.— by the Office. (A) IN GENERAL.—The Director shall pro- (1) ESTABLISHMENT OF JURISDICTION.— (2) HOME STUDY.—Notwithstanding the promulgate regulations incorporating standards (A) IN GENERAL.—Except as otherwise provisions of paragraph (1), no unaccompanied for conditions of detention in such place- vided under subsection (a) and subparagraphs alien child shall be placed with a person or ments that provide for— (B) and (C), the custody of all unaccom- entity unless a valid home-study conducted (i) educational services appropriate to the panied alien children, including responsi- by an agency of the State of the child’s pro- child; bility for their detention, where appropriate, posed residence, by an agency authorized by (ii) medical care; shall be under the jurisdiction of the Office. that State to conduct such a study, or by an (iii) mental health care, including treat- (B) EXCEPTION FOR CHILDREN WHO HAVE COM- appropriate voluntary agency contracted ment of trauma; MITTED CRIMES.—Notwithstanding subpara- with the Office to conduct such studies has (iv) access to telephones; graph (A), the Service shall retain or assume found that the person or entity is capable of (v) access to legal services; the custody and care of any unaccompanied providing for the child’s physical and mental (vi) access to interpreters; alien child who— well-being. (vii) supervision by professionals trained in (i) has been charged with any felony, ex- (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO the care of children, taking into account the cluding offenses proscribed by the Immigra- CUSTODY OF UNACCOMPANIED ALIEN CHILD.— special cultural, linguistic, and experiential

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.153 S14PT2 S11112 CONGRESSIONAL RECORD — SENATE November 14, 2002 needs of children in immigration pro- gration judge. Radiographs shall not be the nection with proceedings under the Immigra- ceedings; sole means of determining age. tion and Nationality Act, and shall be given (viii) recreational programs and activities; SEC. 1226. EFFECTIVE DATE. a reasonable opportunity to be present at (ix) spiritual and religious needs; and This subtitle shall take effect one year such hearings; and (x) dietary needs. after the effective date of division A of this (E) shall be permitted to consult with the (B) NOTIFICATION OF CHILDREN.—Such regu- Act. child during any hearing or interview involv- lations shall provide that all children are no- Subtitle C—Access by Unaccompanied Alien ing such child. (b) TRAINING.—The Director shall provide tified orally and in writing of such stand- Children to Guardians Ad Litem and Counsel ards. professional training for all persons serving SEC. 1231. RIGHT OF UNACCOMPANIED ALIEN (b) PROHIBITION OF CERTAIN PRACTICES.— as guardians ad litem under this section in CHILDREN TO GUARDIANS AD the circumstances and conditions that unac- The Director and the Secretary of Homeland LITEM. companied alien children face as well as in Security shall develop procedures prohib- (a) GUARDIAN AD LITEM.— the various immigration benefits for which iting the unreasonable use of— (1) APPOINTMENT.—The Director shall ap- such a child might be eligible. (1) shackling, handcuffing, or other re- point a guardian ad litem who meets the straints on children; SEC. 1232. RIGHT OF UNACCOMPANIED ALIEN qualifications described in paragraph (2) for CHILDREN TO COUNSEL. (2) solitary confinement; or each unaccompanied alien child in the cus- (a) ACCESS TO COUNSEL.— (3) pat or strip searches. tody of the Office not later than 72 hours (1) IN GENERAL.—The Director shall ensure (c) RULE OF CONSTRUCTION.—Nothing in after the Office assumes physical or con- this section shall be construed to supersede that all unaccompanied alien children in the structive custody of such child. The Director custody of the Office or in the custody of the procedures favoring release of children to ap- is encouraged, wherever practicable, to con- propriate adults or entities or placement in Service who are not described in section tract with a voluntary agency for the selec- 1221(a)(2) shall have competent counsel to the least secure setting possible, as defined tion of an individual to be appointed as a in the Stipulated Settlement Agreement represent them in immigration proceedings guardian ad litem under this paragraph. or matters. under Flores v. Reno. (2) QUALIFICATIONS OF GUARDIAN AD (2) PRO BONO REPRESENTATION.—To the SEC. 1224. REPATRIATED UNACCOMPANIED LITEM.— maximum extent practicable, the Director ALIEN CHILDREN. (A) IN GENERAL.—No person shall serve as a shall utilize the services of pro bono attor- (a) COUNTRY CONDITIONS.— guardian ad litem unless such person— neys who agree to provide representation to (1) SENSE OF CONGRESS.—It is the sense of (i) is a child welfare professional or other such children without charge. Congress that, to the extent consistent with individual who has received training in child (3) GOVERNMENT FUNDED REPRESENTATION.— the treaties and other international agree- welfare matters; and (A) APPOINTMENT OF COMPETENT COUNSEL.— ments to which the United States is a party (ii) possesses special training on the nature Notwithstanding section 292 of the Immigra- and to the extent practicable, the United of problems encountered by unaccompanied tion and Nationality Act (8 U.S.C. 1362) or States Government should undertake efforts alien children. any other provision of law, when no com- to ensure that it does not repatriate children (B) PROHIBITION.—A guardian ad litem petent counsel is available to represent an in its custody into settings that would shall not be an employee of the Service. unaccompanied alien child without charge, threaten the life and safety of such children. (3) DUTIES.—The guardian ad litem shall— the Director shall appoint competent counsel (2) ASSESSMENT OF CONDITIONS.— (A) conduct interviews with the child in a for such child at the expense of the Govern- (A) IN GENERAL.—In carrying out repatri- manner that is appropriate, taking into ac- ment. ations of unaccompanied alien children, the count the child’s age; (B) LIMITATION ON ATTORNEY FEES.—Coun- Office shall conduct assessments of country (B) investigate the facts and circumstances sel appointed under subparagraph (A) may conditions to determine the extent to which relevant to such child’s presence in the not be compensated at a rate in excess of the the country to which a child is being repatri- United States, including facts and cir- rate provided under section 3006A of title 18, ated has a child welfare system capable of cumstances arising in the country of the United States Code. ensuring the child’s well being. child’s nationality or last habitual residence (C) ASSUMPTION OF THE COST OF GOVERN- (B) FACTORS FOR ASSESSMENT.—In assessing and facts and circumstances arising subse- MENT-PAID COUNSEL.—In the case of a child country conditions, the Office shall, to the quent to the child’s departure from such for whom counsel is appointed under sub- maximum extent practicable, examine the country; paragraph (A) who is subsequently placed in conditions specific to the locale of the (C) work with counsel to identify the the physical custody of a parent or legal child’s repatriation. child’s eligibility for relief from removal or guardian, such parent or legal guardian may (b) REPORT ON REPATRIATION OF UNACCOM- voluntary departure by sharing with counsel elect to retain the same counsel to continue PANIED ALIEN CHILDREN.—Beginning not information collected under subparagraph representation of the child, at no expense to later than 18 months after the date of enact- (B); the Government, beginning on the date that ment of this Act, and annually thereafter, (D) develop recommendations on issues rel- the parent or legal guardian assumes phys- the Director shall submit a report to the Ju- ative to the child’s custody, detention, re- ical custody of the child. diciary Committees of the House of Rep- lease, and repatriation; (4) DEVELOPMENT OF NECESSARY INFRA- resentatives and Senate on the Director’s ef- (E) ensure that the child’s best interests STRUCTURES AND SYSTEMS.—In ensuring that forts to repatriate unaccompanied alien chil- are promoted while the child participates in, legal representation is provided to such children. Such report shall include at a min- or is subject to, proceedings or actions under dren, the Director shall develop the nec- imum the following information: the Immigration and Nationality Act; essary mechanisms to identify entities avail- (1) The number of unaccompanied alien (F) ensure that the child understands such able to provide such legal assistance and rep- children ordered removed and the number of determinations and proceedings; and resentation and to recruit such entities. such children actually removed from the (G) report findings and recommendations (5) CONTRACTING AND GRANT MAKING AU- United States. to the Director and to the Executive Office THORITY.— (2) A description of the type of immigra- of Immigration Review (or successor entity). (A) IN GENERAL.—Subject to the avail- tion relief sought and denied to such chil- (4) TERMINATION OF APPOINTMENT.—The ability of appropriations, the Director shall dren. guardian ad litem shall carry out the duties enter into contracts with or make grants to (3) A statement of the nationalities, ages, described in paragraph (3) until— national nonprofit agencies with relevant ex- and gender of such children. (A) those duties are completed, pertise in the delivery of immigration-re- (4) A description of the procedures used to (B) the child departs the United States, lated legal services to children in order to effect the removal of such children from the (C) the child is granted permanent resident carry out this subsection. United States. status in the United States, (B) INELIGIBILITY FOR GRANTS AND CON- (5) A description of steps taken to ensure (D) the child attains the age of 18, or TRACTS.—In making grants and entering into that such children were safely and humanely (E) the child is placed in the custody of a contracts with such agencies, the Director repatriated to their country of origin. parent or legal guardian, shall ensure that no such agency is— (6) Any information gathered in assess- whichever occurs first. (i) a grantee or contractee for services pro- ments of country and local conditions pursu- (5) POWERS.—The guardian ad litem— vided under section 1222 or 1231; and ant to subsection (a)(2). (A) shall have reasonable access to the (ii) simultaneously a grantee or contractee SEC. 1225. ESTABLISHING THE AGE OF AN UNAC- child, including access while such child is for services provided under subparagraph (A). COMPANIED ALIEN CHILD. being held in detention or in the care of a (b) REQUIREMENT OF LEGAL REPRESENTA- The Director shall develop procedures that foster family; TION.—The Director shall ensure that all un- permit the presentation and consideration of (B) shall be permitted to review all records accompanied alien children have legal rep- a variety of forms of evidence, including tes- and information relating to such proceedings resentation within 7 days of the child coming timony of a child and other persons, to de- that are not deemed privileged or classified; into Federal custody. termine an unaccompanied alien child’s age (C) may seek independent evaluations of (c) DUTIES.—Counsel shall represent the for purposes of placement, custody, parole, the child; unaccompanied alien child all proceedings and detention. Such procedures shall allow (D) shall be notified in advance of all hear- and actions relating to the child’s immigra- the appeal of a determination to an immi- ings involving the child that are held in con- tion status or other actions involving the

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.153 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11113 Service and appear in person for all indi- it would not be in the alien’s best interest to ‘‘Guidelines for Children’s Asylum Claims’’, vidual merits hearings before the Executive be returned to the alien’s or parent’s pre- dated December 1998, and encourages and Office for Immigration Review (or its suc- vious country of nationality or country of supports the Service’s implementation of cessor entity) and interviews involving the last habitual residence; and such guidelines in an effort to facilitate the Service. ‘‘(iii) for whom the Office of Refugee Reset- handling of children’s asylum claims. Con- (d) ACCESS TO CHILD.— tlement of the Department of Health and gress calls upon the Executive Office for Im- (1) IN GENERAL.—Counsel shall have reason- Human Services has certified to the Under migration Review of the Department of Jus- able access to the unaccompanied alien Secretary of Homeland Security for Immi- tice (or successor entity) to adopt the child, including access while the child is gration Affairs that the classification of an ‘‘Guidelines for Children’s Asylum Claims’’ being held in detention, in the care of a fos- alien as a special immigrant under this sub- in its handling of children’s asylum claims ter family, or in any other setting that has paragraph has not been made solely to pro- before immigration judges and the Board of been determined by the Office. vide an immigration benefit to that alien; Immigration Appeals. (2) RESTRICTION ON TRANSFERS.—Absent except that no natural parent or prior adop- (b) TRAINING.—The Secretary of Homeland compelling and unusual circumstances, no tive parent of any alien provided special im- Security shall provide periodic child who is represented by counsel shall be migrant status under this subparagraph comprehensive training under the transferred from the child’s placement to an- shall thereafter, by virtue of such parentage, ‘‘Guidelines for Children’s Asylum Claims’’ other placement unless advance notice of at be accorded any right, privilege, or status to asylum officers, immigration judges, least 24 hours is made to counsel of such under this Act;’’. members of the Board of Immigration Ap- transfer. (b) ADJUSTMENT OF STATUS.—Section peals, and immigration officers who have (e) TERMINATION OF APPOINTMENT.—Counsel 245(h)(2) (8 U.S.C. 1255(h)(2)) is amended— contact with children in order to familiarize shall carry out the duties described in sub- (1) by amending subparagraph (A) to read and sensitize such officers to the needs of section (c) until— as follows: children asylum seekers. Voluntary agencies (1) those duties are completed, ‘‘(A) paragraphs (1), (4), (5), (6), and (7)(A) shall be allowed to assist in such training. (2) the child departs the United States, of section 212(a) shall not apply,’’; SEC. 1252. UNACCOMPANIED REFUGEE CHIL- (3) the child is granted withholding of re- (2) in subparagraph (B), by striking the pe- DREN. moval under section 241(b)(3) of the Immigra- riod and inserting ‘‘, and’’; and (a) IDENTIFYING UNACCOMPANIED REFUGEE tion and Nationality Act, (3) by adding at the end the following new CHILDREN.—Section 207(e) (8 U.S.C. 1157(e)) is (4) the child is granted protection under subparagraph: amended— the Convention Against Torture, ‘‘(C) the Secretary of Homeland Security (1) by redesignating paragraphs (3), (4), (5), (5) the child is granted asylum in the may waive paragraph (2) (A) and (B) in the (6), and (7) as paragraphs (4), (5), (6), (7), and United States under section 208 of the Immi- case of an offense which arose as a con- (8), respectively; and gration and Nationality Act, sequence of the child being unaccom- (2) by inserting after paragraph (2) the fol- (6) the child is granted permanent resident panied.’’. lowing new paragraph: status in the United States, or (c) ELIGIBILITY FOR ASSISTANCE.—A child ‘‘(3) An analysis of the worldwide situation (7) the child attains 18 years of age, who has been granted relief under section faced by unaccompanied refugee children, by whichever occurs first. 101(a)(27)(J) of the Immigration and Nation- region. Such analysis shall include an assess- (f) NOTICE TO COUNSEL DURING IMMIGRATION ality Act (8 U.S.C. 1101(a)(27)(J)), as amended ment of— PROCEEDINGS.— by subsection (a), and who is in the custody ‘‘(A) the number of unaccompanied refugee (1) IN GENERAL.—Except when otherwise re- of a State shall be eligible for all funds made children, by region; quired in an emergency situation involving available under section 412(d) of such Act. ‘‘(B) the capacity of the Department of the physical safety of the child, counsel shall SEC. 1242. TRAINING FOR OFFICIALS AND CER- State to identify such refugees; be given prompt and adequate notice of all TAIN PRIVATE PARTIES WHO COME ‘‘(C) the capacity of the international com- immigration matters affecting or involving INTO CONTACT WITH UNACCOM- munity to care for and protect such refugees; an unaccompanied alien child, including ad- PANIED ALIEN CHILDREN. ‘‘(D) the capacity of the voluntary agency judications, proceedings, and processing, be- (a) TRAINING OF STATE AND LOCAL OFFI- community to resettle such refugees in the fore such actions are taken. CIALS AND CERTAIN PRIVATE PARTIES.—The United States; (2) OPPORTUNITY TO CONSULT WITH COUN- Secretary of Health and Human Services, ‘‘(E) the degree to which the United States SEL.—An unaccompanied alien child in the acting jointly with the Secretary, shall pro- plans to resettle such refugees in the United custody of the Office may not give consent vide appropriate training to be available to States in the coming fiscal year; and to any immigration action, including con- State and county officials, child welfare spe- ‘‘(F) the fate that will befall such unac- senting to voluntary departure, unless first cialists, teachers, public counsel, and juve- companied refugee children for whom reset- afforded an opportunity to consult with nile judges who come into contact with un- tlement in the United States is not pos- counsel. accompanied alien children. The training sible.’’. (g) ACCESS TO RECOMMENDATIONS OF GUARD- shall provide education on the processes per- (b) TRAINING ON THE NEEDS OF UNACCOM- IAN AD LITEM.—Counsel shall be afforded an taining to unaccompanied alien children PANIED REFUGEE CHILDREN.—Section 207(f)(2) opportunity to review the recommendation with pending immigration status and on the (8 U.S.C. 1157(f)(2)) is amended by— by the guardian ad litem affecting or involv- forms of relief potentially available. The Di- (1) striking ‘‘and’’ after ‘‘countries,’’; and ing a client who is an unaccompanied alien rector shall be responsible for establishing a (2) inserting before the period at the end child. core curriculum that can be incorporated the following: ‘‘, and instruction on the into currently existing education, training, SEC. 1233. EFFECTIVE DATE; APPLICABILITY. needs of unaccompanied refugee children’’. or orientation modules or formats that are (a) EFFECTIVE DATE.—This subtitle shall currently used by these professionals. Subtitle F—Authorization of Appropriations take effect one year after the effective date (b) TRAINING OF SERVICE PERSONNEL.—The SEC. 1261. AUTHORIZATION OF APPROPRIATIONS. of division A of this Act. Secretary, acting jointly with the Secretary (a) IN GENERAL.—There are authorized to (b) APPLICABILITY.—The provisions of this of Health and Human Services, shall provide be appropriated such sums as may be nec- subtitle shall apply to all unaccompanied specialized training to all personnel of the essary to carry out the provisions of this alien children in Federal custody on, before, Service who come into contact with unac- title. or after the effective date of this subtitle. companied alien children. In the case of Bor- (b) AVAILABILITY OF FUNDS.—Amounts ap- Subtitle D—Strengthening Policies for der Patrol agents and immigration inspec- propriated pursuant to subsection (a) are au- Permanent Protection of Alien Children tors, such training shall include specific thorized to remain available until expended. SEC. 1241. SPECIAL IMMIGRANT JUVENILE VISA. training on identifying children at the TITLE XIII—AGENCY FOR IMMIGRATION (a) J VISA.—Section 101(a)(27)(J) (8 U.S.C. United States border or at United States HEARINGS AND APPEALS 1101(a)(27)(J)) is amended to read as follows: ports of entry who have been victimized by Subtitle A—Structure and Function ‘‘(J) an immigrant under the age of 18 on smugglers or traffickers, and children for SEC. 1301. ESTABLISHMENT. the date of application who is present in the whom asylum or special immigrant relief (a) IN GENERAL.—There is established with- United States— may be appropriate, including children de- in the Department of Justice the Agency for ‘‘(i) who has been declared dependent on a scribed in section 1221(a)(2). Immigration Hearings and Appeals (in this juvenile court located in the United States SEC. 1243. EFFECTIVE DATE. title referred to as the ‘‘Agency’’). or whom such a court has legally committed The amendment made by section 1241 shall (b) ABOLITION OF EOIR.—The Executive Of- to, or placed under the custody of, a depart- apply to all eligible children who were in the fice for Immigration Review of the Depart- ment or agency of a State, or an individual United States before, on, or after the date of ment of Justice is hereby abolished. or entity appointed by a State, and who has enactment of this Act. SEC. 1302. DIRECTOR OF THE AGENCY. been deemed eligible by that court for long- Subtitle E—Children Refugee and Asylum (a) APPOINTMENT.—There shall be at the term foster care due to abuse, neglect, or Seekers head of the Agency a Director who shall be abandonment, or a similar basis found under SEC. 1251. GUIDELINES FOR CHILDREN’S ASYLUM appointed by the President, by and with the State law; CLAIMS. advice and consent of the Senate. ‘‘(ii) for whom it has been determined in (a) SENSE OF CONGRESS.—Congress com- (b) OFFICES.—The Director shall appoint a administrative or judicial proceedings that mends the Service for its issuance of its Deputy Director, General Counsel, Pro Bono

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.154 S14PT2 S11114 CONGRESSIONAL RECORD — SENATE November 14, 2002 Coordinator, and other offices as may be nec- SEC. 1305. CHIEF ADMINISTRATIVE HEARING OF- are transferred pursuant to this section, but essary to carry out this title. FICER. such proceedings and applications shall be (c) RESPONSIBILITIES.—The Director shall— (a) ESTABLISHMENT OF POSITION.—There continued. (1) administer the Agency and be respon- shall be within the Agency the position of (2) ORDERS.—Orders shall be issued in such sible for the promulgation of rules and regu- Chief Administrative Hearing Officer. proceedings, appeals shall be taken there- lations affecting the Agency; (b) DUTIES OF THE CHIEF ADMINISTRATIVE from, and payments shall be made pursuant (2) appoint each Member of the Board of HEARING OFFICER.—The Chief Administrative to such orders, as if this Act had not been en- Immigration Appeals, including a Chair; Hearing Officer shall hear cases brought acted, and orders issued in any such pro- (3) appoint the Chief Immigration Judge; under sections 274A, 274B, and 274C of the Im- ceeding shall continue in effect until modi- and migration and Nationality Act. fied, terminated, superseded, or revoked by a (4) appoint and fix the compensation of at- SEC. 1306. REMOVAL OF JUDGES. duly authorized official, by a court of com- torneys, clerks, administrative assistants, Immigration judges and Members of the petent jurisdiction, or by operation of law. and other personnel as may be necessary. Board may be removed from office only for (3) DISCONTINUANCE OR MODIFICATION.— SEC. 1303. BOARD OF IMMIGRATION APPEALS. good cause, including neglect of duty or mal- Nothing in this section shall be considered to (a) IN GENERAL.—The Board of Immigra- feasance, by the Director, in consultation prohibit the discontinuance or modification tion Appeals (in this title referred to as the with the Chair of the Board, in the case of of any such proceeding under the same terms ‘‘Board’’) shall perform the appellate func- the removal of a Member of the Board, or in and conditions and to the same extent that tions of the Agency. The Board shall consist consultation with the Chief Immigration such proceeding could have been discon- of a Chair and not less than 14 other immi- Judge, in the case of the removal of an immi- tinued or modified if this section had not gration appeals judges. gration judge. been enacted. (b) APPOINTMENT.—Members of the Board SEC. 1307. AUTHORIZATION OF APPROPRIATIONS. (e) SUITS.—This section shall not affect shall be appointed by the Director, in con- There are authorized to be appropriated to suits commenced before the effective date of sultation with the Chair of the Board of Im- the Agency such sums as may be necessary this title, and in all such suits, proceeding migration Appeals. to carry out this title. shall be had, appeals taken, and judgments (c) QUALIFICATIONS.—The Chair and each Subtitle B—Transfer of Functions and rendered in the same manner and with the other Member of the Board shall be an attor- Savings Provisions same effect as if this section had not been enacted. ney in good standing of a bar of a State or SEC. 1311. TRANSITION PROVISIONS. (f) NONABATEMENT OF ACTIONS.—No suit, the District of Columbia and shall have at (a) TRANSFER OF FUNCTIONS.—All functions action, or other proceeding commenced by or least 7 years of professional legal expertise under the immigration laws of the United against the Department of Justice or the Ex- in immigration and nationality law. States (as defined in section 111(e) of the Im- ecutive Office of Immigration Review, or by (d) CHAIR.—The Chair shall direct, super- migration and Nationality Act, as added by or against any individual in the official ca- vise, and establish the procedures and poli- section 1101(a)(2) of this Act) vested by stat- pacity of such individual as an officer or em- cies of the Board. ute in, or exercised by, the Executive Office ployee in connection with a function trans- (e) JURISDICTION.— of Immigration Review of the Department of ferred under this section, shall abate by rea- (1) IN GENERAL.—The Board shall have such Justice (or any officer, employee, or compo- son of the enactment of this Act. jurisdiction as was, prior to the date of en- nent thereof), immediately prior to the effec- (g) CONTINUANCE OF SUIT WITH SUBSTI- actment of this Act, provided by statute or tive date of this title, are transferred to the TUTION OF PARTIES.—If any Government offi- regulation to the Board of Immigration Ap- Agency. cer in the official capacity of such officer is peals (as in effect under the Executive Office (b) TRANSFER AND ALLOCATIONS OF APPRO- party to a suit with respect to a function of of Immigration Review). PRIATIONS AND PERSONNEL.—The personnel the officer, and pursuant to this section such (2) DE NOVO REVIEW.—The Board shall have employed in connection with, and the assets, function is transferred to any other officer de novo review of any decision by an immi- liabilities, contracts, property, records, and or office, then such suit shall be continued gration judge, including any final order of unexpended balances of appropriations, au- with the other officer or the head of such removal. thorizations, allocations, and other funds other office, as applicable, substituted or (f) DECISIONS OF THE BOARD.—The decisions employed, used, held, arising from, available added as a party. of the Board shall constitute final agency ac- to, or to be made available in connection (h) ADMINISTRATIVE PROCEDURE AND JUDI- tion, subject to review only as provided by with the functions transferred by this sec- CIAL REVIEW.—Except as otherwise provided the Immigration and Nationality Act and tion, subject to section 1531 of title 31, by this title, any statutory requirements re- other applicable law. United States Code, shall be transferred to lating to notice, hearings, action upon the (g) INDEPENDENCE OF BOARD MEMBERS.— the Agency. Unexpended funds transferred record, or administrative or judicial review The Members of the Board shall exercise pursuant to this section shall be used only that apply to any function transferred pursu- their independent judgment and discretion in for the purposes for which the funds were ant to any provision of this section shall the cases coming before the Board. originally authorized and appropriated. apply to the exercise of such function by the SEC. 1304. CHIEF IMMIGRATION JUDGE. (c) LEGAL DOCUMENTS.—All orders, deter- head of the office, and other officers of the (a) ESTABLISHMENT OF OFFICE.—There shall minations, rules, regulations, permits, office, to which such function is transferred be within the Agency the position of Chief grants, loans, contracts, recognition of labor pursuant to such provision. Immigration Judge, who shall administer organizations, agreements, including collec- the immigration courts. tive bargaining agreements, certificates, li- Subtitle C—Effective Date (b) DUTIES OF THE CHIEF IMMIGRATION censes, and privileges— SEC. 1321. EFFECTIVE DATE. JUDGE.—The Chief Immigration Judge shall (1) that have been issued, made, granted, or This title shall take effect one year after be responsible for the general supervision, allowed to become effective by the Attorney the effective date of division A of this Act. direction, and procurement of resource and General or the Executive Office of Immigra- DIVISION C—FEDERAL WORKFORCE facilities and for the general management of tion Review of the Department of Justice, IMPROVEMENT immigration court dockets. their delegates, or any other Government of- TITLE XXI—CHIEF HUMAN CAPITAL (c) APPOINTMENT OF IMMIGRATION JUDGES.— ficial, or by a court of competent jurisdic- Immigration judges shall be appointed by tion, in the performance of any function that OFFICERS the Director, in consultation with the Chief is transferred under this section; and SEC. 2101. SHORT TITLE. Immigration Judge. (2) that are in effect on the effective date This title may be cited as the ‘‘Chief (d) QUALIFICATIONS.—Each immigration of such transfer (or become effective after Human Capital Officers Act of 2002’’. judge, including the Chief Immigration such date pursuant to their terms as in ef- SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFI- Judge, shall be an attorney in good standing fect on such effective date); CERS. of a bar of a State or the District of Colum- shall continue in effect according to their (a) IN GENERAL.—Part II of title 5, United bia and shall have at least 7 years of profes- terms until modified, terminated, super- States Code, is amended by inserting after sional legal expertise in immigration and na- seded, set aside, or revoked in accordance chapter 13 the following: tionality law. with law by the Agency, any other author- ‘‘CHAPTER 14—AGENCY CHIEF HUMAN (e) JURISDICTION AND AUTHORITY OF IMMI- ized official, a court of competent jurisdic- CAPITAL OFFICERS GRATION COURTS.—The immigration courts tion, or operation of law, except that any shall have such jurisdiction as was, prior to collective bargaining agreement shall re- ‘‘Sec. the date of enactment of this Act, provided main in effect until the date of termination ‘‘1401. Establishment of agency Chief Human by statute or regulation to the immigration specified in the agreement. Capital Officers. courts within the Executive Office for Immi- (d) PROCEEDINGS.— ‘‘1402. Authority and functions of agency gration Review of the Department of Justice. (1) PENDING.—The transfer of functions Chief Human Capital Officers. (f) INDEPENDENCE OF IMMIGRATION under subsection (a) shall not affect any pro- JUDGES.—The immigration judges shall exer- ceeding or any application for any benefit, ‘‘§ 1401. Establishment of agency Chief cise their independent judgment and discre- service, license, permit, certificate, or finan- Human Capital Officers tion in the cases coming before the Immigra- cial assistance pending on the effective date ‘‘The head of each agency referred to under tion Court. of this title before an office whose functions paragraphs (1) and (2) of section 901(b) of

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.154 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11115 title 31 shall appoint or designate a Chief tives of Federal employee labor organiza- SEC. 2202. REFORM OF THE COMPETITIVE SERV- Human Capital Officer, who shall— tions are present at a minimum of 1 meeting ICE HIRING PROCESS. ‘‘(1) advise and assist the head of the agen- of the Council each year. Such representa- (a) IN GENERAL.—Chapter 33 of title 5, cy and other agency officials in carrying out tives shall not be members of the Council. United States Code, is amended— the agency’s responsibilities for selecting, (d) ANNUAL REPORT.—Each year the Chief (1) in section 3304(a)— developing, training, and managing a high- Human Capital Officers Council shall submit (A) in paragraph (1), by striking ‘‘and’’ quality, productive workforce in accordance a report to Congress on the activities of the after the semicolon; with merit system principles; Council. (B) in paragraph (2), by striking the period ‘‘(2) implement the rules and regulations of and inserting ‘‘; and’’; and SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGE- (C) by adding at the end the following: the President and the Office of Personnel MENT. ‘‘(3) authority for agencies to appoint, Management and the laws governing the Section 1103 of title 5, United States Code, without regard to the provisions of sections civil service within the agency; and is amended by adding at the end the fol- 3309 through 3318, candidates directly to po- ‘‘(3) carry out such functions as the pri- lowing: sitions for which— mary duty of the Chief Human Capital Offi- ‘‘(c)(1) The Office of Personnel Manage- cer. ‘‘(A) public notice has been given; and ment shall design a set of systems, including ‘‘(B) the Office of Personnel Management ‘‘§ 1402. Authority and functions of agency appropriate metrics, for assessing the man- has determined that there exists a severe Chief Human Capital Officers agement of human capital by Federal agen- shortage of candidates or there is a critical ‘‘(a) The functions of each Chief Human cies. hiring need. Capital Officer shall include— ‘‘(2) The systems referred to under para- The Office shall prescribe, by regulation, cri- ‘‘(1) setting the workforce development graph (1) shall be defined in regulations of teria for identifying such positions and may strategy of the agency; the Office of Personnel Management and in- delegate authority to make determinations ‘‘(2) assessing workforce characteristics clude standards for— under such criteria.’’; and and future needs based on the agency’s mis- ‘‘(A)(i) aligning human capital strategies (2) by inserting after section 3318 the fol- sion and strategic plan; of agencies with the missions, goals, and or- lowing: ‘‘(3) aligning the agency’s human resources ganizational objectives of those agencies; policies and programs with organization mis- and ‘‘§ 3319. Alternative ranking and selection sion, strategic goals, and performance out- ‘‘(ii) integrating those strategies into the procedures comes; budget and strategic plans of those agencies; ‘‘(a)(1) the Office, in exercising its author- ‘‘(4) developing and advocating a culture of ‘‘(B) closing skill gaps in mission critical ity under section 3304; or continuous learning to attract and retain occupations; ‘‘(2) an agency to which the Office has dele- employees with superior abilities; ‘‘(C) ensuring continuity of effective lead- gated examining authority under section ‘‘(5) identifying best practices and ership through implementation of recruit- 1104(a)(2); benchmarking studies; and ment, development, and succession plans; may establish category rating systems for ‘‘(6) applying methods for measuring intel- ‘‘(D) sustaining a culture that cultivates evaluating applicants for positions in the lectual capital and identifying links of that and develops a high performing workforce; competitive service, under 2 or more quality capital to organizational performance and ‘‘(E) developing and implementing a categories based on merit consistent with growth. knowledge management strategy supported regulations prescribed by the Office of Per- ‘‘(b) In addition to the authority otherwise by appropriate investment in training and sonnel Management, rather than assigned in- provided by this section, each agency Chief technology; and dividual numerical ratings. Human Capital Officer— ‘‘(F) holding managers and human re- ‘‘(b) Within each quality category estab- ‘‘(1) shall have access to all records, resources officers accountable for efficient and lished under subsection (a), preference-eligi- ports, audits, reviews, documents, papers, effective human resources management in bles shall be listed ahead of individuals who are not preference eligibles. For other than recommendations, or other material that— support of agency missions in accordance scientific and professional positions at GS–9 ‘‘(A) are the property of the agency or are with merit system principles.’’. of the General Schedule (equivalent or high- available to the agency; and SEC. 2105. EFFECTIVE DATE. ‘‘(B) relate to programs and operations er), qualified preference-eligibles who have a This title shall take effect 180 days after with respect to which that agency Chief compensable service-connected disability of the date of enactment of this division. Human Capital Officer has responsibilities 10 percent or more shall be listed in the high- under this chapter; and TITLE XXII—REFORMS RELATING TO est quality category. ‘‘(c)(1) An appointing official may select ‘‘(2) may request such information or as- FEDERAL HUMAN CAPITAL MANAGEMENT any applicant in the highest quality cat- sistance as may be necessary for carrying SEC. 2201. INCLUSION OF AGENCY HUMAN CAP- egory or, if fewer than 3 candidates have out the duties and responsibilities provided ITAL STRATEGIC PLANNING IN PER- been assigned to the highest quality cat- by this chapter from any Federal, State, or FORMANCE PLANS AND PROGRAM egory, in a merged category consisting of the local governmental entity.’’. PERFORMANCE REPORTS. highest and the second highest quality cat- (b) TECHNICAL AND CONFORMING AMEND- (a) PERFORMANCE PLANS.—Section 1115 of egories. title 31, United States Code, is amended— MENT.—The table of chapters for part II of ‘‘(2) Notwithstanding paragraph (1), the ap- (1) in subsection (a), by striking paragraph title 5, United States Code, is amended by in- pointing official may not pass over a pref- serting after the item relating to chapter 13 (3) and inserting the following: erence-eligible in the same category from the following: ‘‘(3) provide a description of how the per- which selection is made, unless the require- ‘‘14. Chief Human Capital Officers ..... 1401’’. formance goals and objectives are to be ments of section 3317(b) or 3318(b), as applica- SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS achieved, including the operational proc- ble, are satisfied. COUNCIL. esses, training, skills and technology, and ‘‘(d) Each agency that establishes a cat- (a) ESTABLISHMENT.—There is established a the human, capital, information, and other egory rating system under this section shall Chief Human Capital Officers Council, con- resources and strategies required to meet submit in each of the 3 years following that sisting of— those performance goals and objectives.’’; establishment, a report to Congress on that (1) the Director of the Office of Personnel (2) by redesignating subsection (f) as sub- system including information on— Management, who shall act as chairperson of section (g); and ‘‘(1) the number of employees hired under the Council; (3) by inserting after subsection (e) the fol- that system; (2) the Deputy Director for Management of lowing: ‘‘(2) the impact that system has had on the the Office of Management and Budget, who ‘‘(f) With respect to each agency with a hiring of veterans and minorities, including shall act as vice chairperson of the Council; Chief Human Capital Officer, the Chief those who are American Indian or Alaska and Human Capital Officer shall prepare that Natives, Asian, Black or African American, (3) the Chief Human Capital Officers of Ex- portion of the annual performance plan de- and native Hawaiian or other Pacific Is- ecutive departments and any other members scribed under subsection (a)(3).’’. lander; and who are designated by the Director of the Of- (b) PROGRAM PERFORMANCE REPORTS.—Sec- ‘‘(3) the way in which managers were fice of Personnel Management. tion 1116(d) of title 31, United States Code, is trained in the administration of that system. (b) FUNCTIONS.—The Chief Human Capital amended— ‘‘(e) The Office of Personnel Management Officers Council shall meet periodically to (1) in paragraph (4), by striking ‘‘and’’ may prescribe such regulations as it con- advise and coordinate the activities of the after the semicolon; siders necessary to carry out the provisions agencies of its members on such matters as (2) by redesignating paragraph (5) as para- of this section.’’. modernization of human resources systems, graph (6); and (b) TECHNICAL AND CONFORMING AMEND- improved quality of human resources infor- (3) by inserting after paragraph (4) the fol- MENT.—The table of sections for chapter 33 of mation, and legislation affecting human re- lowing: title 5, United States Code, is amended by sources operations and organizations. ‘‘(5) include a review of the performance striking the item relating to section 3319 and (c) EMPLOYEE LABOR ORGANIZATIONS AT goals and evaluation of the performance plan inserting the following: MEETINGS.—The Chief Human Capital Offi- relative to the agency’s strategic human ‘‘3319. Alternative ranking and selection pro- cers Council shall ensure that representa- capital management; and’’. cedures.’’.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0655 E:\CR\FM\A14NO6.154 S14PT2 S11116 CONGRESSIONAL RECORD — SENATE November 14, 2002 SEC. 2203. PERMANENT EXTENSION, REVISION, ‘‘(5) a description of how the agency will ‘‘(B) in the case of an emergency involving AND EXPANSION OF AUTHORITIES operate without the eliminated positions and a direct threat to life or property, the indi- FOR USE OF VOLUNTARY SEPARA- functions. vidual— TION INCENTIVE PAY AND VOL- ‘‘(c) The Director of the Office of Personnel ‘‘(i) has skills directly related to resolving UNTARY EARLY RETIREMENT. Management shall review each agency’s plan the emergency; and (a) VOLUNTARY SEPARATION INCENTIVE PAY- and may make any appropriate modifica- ‘‘(ii) will serve on a temporary basis only MENTS.— tions in the plan, in consultation with the so long as that individual’s services are made (1) IN GENERAL.— Director of the Office of Management and necessary by the emergency. (A) AMENDMENT TO TITLE 5, UNITED STATES Budget. A plan under this section may not be ‘‘(2) If the employment under this section CODE.—Chapter 35 of title 5, United States implemented without the approval of the Di- is with an entity in the legislative branch, Code, is amended by inserting after sub- rector of the Office of Personnel Manage- the head of the entity or the appointing offi- chapter I the following: ment. cial may waive the repayment if the indi- ‘‘SUBCHAPTER II—VOLUNTARY ‘‘§ 3523. Authority to provide voluntary sepa- vidual involved possesses unique abilities SEPARATION INCENTIVE PAYMENTS ration incentive payments and is the only qualified applicant available ‘‘§ 3521. Definitions ‘‘(a) A voluntary separation incentive pay- for the position. ‘‘(3) If the employment under this section ‘‘In this subchapter, the term— ment under this subchapter may be paid to an employee only as provided in the plan of is with the judicial branch, the Director of ‘‘(1) ‘agency’ means an Executive agency as the Administrative Office of the United defined under section 105; and an agency established under section 3522. ‘‘(b) A voluntary incentive payment— States Courts may waive the repayment if ‘‘(2) ‘employee’— ‘‘(1) shall be offered to agency employees the individual involved possesses unique ‘‘(A) means an employee as defined under on the basis of— abilities and is the only qualified applicant section 2105 employed by an agency and an ‘‘(A) 1 or more organizational units; available for the position. individual employed by a county committee ‘‘(B) 1 or more occupational series or lev- established under section 8(b)(5) of the Soil ‘‘§ 3525. Regulations els; Conservation and Domestic Allotment Act ‘‘The Office of Personnel Management may ‘‘(C) 1 or more geographical locations; (16 U.S.C. 590h(b)(5)) who— prescribe regulations to carry out this sub- ‘‘(D) skills, knowledge, or other factors re- ‘‘(i) is serving under an appointment with- chapter.’’. lated to a position; out time limitation; and (B) TECHNICAL AND CONFORMING AMEND- ‘‘(E) specific periods of time during which ‘‘(ii) has been currently employed for a MENTS.—Chapter 35 of title 5, United States eligible employees may elect a voluntary in- continuous period of at least 3 years; and Code, is amended— centive payment; or ‘‘(B) shall not include— (i) by striking the chapter heading and in- ‘‘(F) any appropriate combination of such ‘‘(i) a reemployed annuitant under sub- serting the following: factors; chapter III of chapter 83 or 84 or another re- ‘‘(2) shall be paid in a lump sum after the ‘‘CHAPTER 35—RETENTION PREFERENCE, tirement system for employees of the Gov- employee’s separation; VOLUNTARY SEPARATION INCENTIVE ernment; ‘‘(3) shall be equal to the lesser of— PAYMENTS, RESTORATION, AND REEM- ‘‘(ii) an employee having a disability on ; and ‘‘(A) an amount equal to the amount the PLOYMENT’’ the basis of which such employee is or would employee would be entitled to receive under (ii) in the table of sections by inserting be eligible for disability retirement under section 5595(c) if the employee were entitled after the item relating to section 3504 the subchapter III of chapter 83 or 84 or another to payment under such section (without ad- following: retirement system for employees of the Gov- justment for any previous payment made); or ‘‘SUBCHAPTER II—VOLUNTARY ernment; ‘‘(B) an amount determined by the agency SEPARATION INCENTIVE PAYMENTS ‘‘(iii) an employee who is in receipt of a de- head, not to exceed $25,000; cision notice of involuntary separation for ‘‘3521. Definitions. ‘‘(4) may be made only in the case of an misconduct or unacceptable performance; ‘‘3522. Agency plans; approval. employee who voluntarily separates ‘‘(iv) an employee who has previously re- ‘‘3523. Authority to provide voluntary sepa- (whether by retirement or resignation) under ceived any voluntary separation incentive ration incentive payments. this subchapter; payment from the Federal Government ‘‘3524. Effect of subsequent employment with ‘‘(5) shall not be a basis for payment, and under this subchapter or any other author- the Government. shall not be included in the computation, of ity; ‘‘3525. Regulations.’’. any other type of Government benefit; ‘‘(v) an employee covered by statutory re- (2) ADMINISTRATIVE OFFICE OF THE UNITED ‘‘(6) shall not be taken into account in de- employment rights who is on transfer em- STATES COURTS.—The Director of the Admin- termining the amount of any severance pay ployment with another organization; or istrative Office of the United States Courts to which the employee may be entitled under ‘‘(vi) any employee who— may, by regulation, establish a program subsection 5595, based on any other separation; ‘‘(I) during the 36-month period preceding stantially similar to the program established and the date of separation of that employee, per- under paragraph (1) for individuals serving in ‘‘(7) shall be paid from appropriations or formed service for which a student loan re- the judicial branch. funds available for the payment of the basic payment benefit was or is to be paid under (3) CONTINUATION OF OTHER AUTHORITY.— pay of the employee. section 5379; Any agency exercising any voluntary separa- ‘‘(II) during the 24-month period preceding ‘‘§ 3524. Effect of subsequent employment tion incentive authority in effect on the ef- the date of separation of that employee, per- with the Government fective date of this subsection may continue formed service for which a recruitment or re- ‘‘(a) The term ‘employment’— to offer voluntary separation incentives con- location bonus was or is to be paid under sec- ‘‘(1) in subsection (b) includes employment sistent with that authority until that au- tion 5753; or under a personal services contract (or other thority expires. ‘‘(III) during the 12-month period preceding direct contract) with the United States Gov- (4) EFFECTIVE DATE.—This subsection shall the date of separation of that employee, per- ernment (other than an entity in the legisla- take effect 60 days after the date of enact- formed service for which a retention bonus tive branch); and ment of this Act. was or is to be paid under section 5754. ‘‘(2) in subsection (c) does not include em- (b) FEDERAL EMPLOYEE VOLUNTARY EARLY ployment under such a contract. RETIREMENT.— ‘‘§ 3522. Agency plans; approval ‘‘(b) An individual who has received a vol- (1) CIVIL SERVICE RETIREMENT SYSTEM.— ‘‘(a) Before obligating any resources for untary separation incentive payment under Section 8336(d)(2) of title 5, United States voluntary separation incentive payments, this subchapter and accepts any employment Code, is amended to read as follows: the head of each agency shall submit to the for compensation with the Government of ‘‘(2)(A) has been employed continuously, by Office of Personnel Management a plan out- the United States within 5 years after the the agency in which the employee is serving, lining the intended use of such incentive date of the separation on which the payment for at least the 31-day period ending on the payments and a proposed organizational is based shall be required to pay, before the date on which such agency requests the de- chart for the agency once such incentive individual’s first day of employment, the en- termination referred to in subparagraph (D); payments have been completed. tire amount of the incentive payment to the ‘‘(B) is serving under an appointment that ‘‘(b) The plan of an agency under sub- agency that paid the incentive payment. is not time limited; section (a) shall include— ‘‘(c)(1) If the employment under this sec- ‘‘(C) has not been duly notified that such ‘‘(1) the specific positions and functions to tion is with an agency, other than the Gen- employee is to be involuntarily separated for be reduced or eliminated; eral Accounting Office, the United States misconduct or unacceptable performance; ‘‘(2) a description of which categories of Postal Service, or the Postal Rate Commis- ‘‘(D) is separated from the service volun- employees will be offered incentives; sion, the Director of the Office of Personnel tarily during a period in which, as deter- ‘‘(3) the time period during which incen- Management may, at the request of the head mined by the Office of Personnel Manage- tives may be paid; of the agency, waive the repayment if— ment (upon request of the agency) under reg- ‘‘(4) the number and amounts of voluntary ‘‘(A) the individual involved possesses ulations prescribed by the Office— separation incentive payments to be offered; unique abilities and is the only qualified ap- ‘‘(i) such agency (or, if applicable, the com- and plicant available for the position; or ponent in which the employee is serving) is

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undergoing substantial delayering, substan- (5) REGULATIONS.—The Office of Personnel (1) shall not abate by reason of the enact- tial reorganization, substantial reductions in Management may prescribe regulations to ment of the amendments made by subsection force, substantial transfer of function, or carry out this subsection. (a)(2)(A); and other substantial workforce restructuring (c) SENSE OF CONGRESS.—It is the sense of (2) shall continue as if such amendments (or shaping); Congress that the implementation of this had not been enacted. ‘‘(ii) a significant percentage of employees section is intended to reshape the Federal (c) APPLICATION.—The amendment made by serving in such agency (or component) are workforce and not downsize the Federal subsection (a)(2)(B) shall not apply with re- likely to be separated or subject to an imme- workforce. spect to an individual who, before the effec- diate reduction in the rate of basic pay SEC. 2204. STUDENT VOLUNTEER TRANSIT SUB- tive date of this section, leaves the Senior (without regard to subchapter VI of chapter SIDY. Executive Service for failure to be recer- 53, or comparable provisions); or (a) IN GENERAL.—Section 7905(a)(1) of title tified as a senior executive under section ‘‘(iii) identified as being in positions which 5, United States Code, is amended by strik- 3393a of title 5, United States Code. are becoming surplus or excess to the agen- ing ‘‘and a member of a uniformed service’’ SEC. 2302. ADJUSTMENT OF LIMITATION ON cy’s future ability to carry out its mission and inserting ‘‘, a member of a uniformed TOTAL ANNUAL COMPENSATION. effectively; and service, and a student who provides vol- Section 5307(a) of title 5, United States ‘‘(E) as determined by the agency under untary services under section 3111’’. Code, is amended by adding at the end the regulations prescribed by the Office, is with- (b) TECHNICAL AND CONFORMING AMEND- following: in the scope of the offer of voluntary early MENT.—Section 3111(c)(1) of title 5, United ‘‘(3) Notwithstanding paragraph (1), the retirement, which may be made on the basis States Code, is amended by striking total payment referred to under such para- of— ‘‘chapter 81 of this title’’ and inserting graph with respect to an employee paid ‘‘(i) 1 or more organizational units; ‘‘section 7905 (relating to commuting by under section 5372, 5376, or 5383 of title 5 or ‘‘(ii) 1 or more occupational series or lev- means other than single-occupancy motor section 332(f), 603, or 604 of title 28 shall not els; vehicles), chapter 81’’. exceed the total annual compensation pay- ‘‘(iii) 1 or more geographical locations; TITLE XXIII—REFORMS RELATING TO THE able to the Vice President under section 104 ‘‘(iv) specific periods; SENIOR EXECUTIVE SERVICE of title 3. Regulations prescribed under sub- ‘‘(v) skills, knowledge, or other factors re- section (c) may extend the application of lated to a position; or SEC. 2301. REPEAL OF RECERTIFICATION RE- this paragraph to other equivalent cat- ‘‘(vi) any appropriate combination of such QUIREMENTS OF SENIOR EXECU- egories of employees.’’. factors;’’. TIVES. N ENERAL (2) FEDERAL EMPLOYEES’ RETIREMENT SYS- (a) I G .—Title 5, United States TITLE XXIV—ACADEMIC TRAINING TEM.—Section 8414(b)(1) of title 5, United Code, is amended— SEC. 2401. ACADEMIC TRAINING. (1) in chapter 33— States Code, is amended by striking subpara- (a) ACADEMIC DEGREE TRAINING.—Section (A) in section 3393(g) by striking ‘‘3393a,’’; graph (B) and inserting the following: 4107 of title 5, United States Code, is amend- (B) by repealing section 3393a; and ‘‘(B)(i) has been employed continuously, by ed to read as follows: the agency in which the employee is serving, (C) in the table of sections by striking the ‘‘§ 4107. Academic degree training for at least the 31-day period ending on the item relating to section 3393a; date on which such agency requests the de- (2) in chapter 35— ‘‘(a) Subject to subsection (b), an agency termination referred to in clause (iv); (A) in section 3592(a)— may select and assign an employee to aca- ‘‘(ii) is serving under an appointment that (i) in paragraph (1), by inserting ‘‘or’’ at demic degree training and may pay or reim- is not time limited; the end; burse the costs of academic degree training ‘‘(iii) has not been duly notified that such (ii) in paragraph (2), by striking ‘‘or’’ at from appropriated or other available funds if employee is to be involuntarily separated for the end; such training— misconduct or unacceptable performance; (iii) by striking paragraph (3); and ‘‘(1) contributes significantly to— ‘‘(iv) is separated from the service volun- (iv) by striking the last sentence; ‘‘(A) meeting an identified agency training tarily during a period in which, as deter- (B) in section 3593(a), by striking para- need; mined by the Office of Personnel Manage- graph (2) and inserting the following: ‘‘(B) resolving an identified agency staffing ment (upon request of the agency) under reg- ‘‘(2) the appointee left the Senior Execu- problem; or ulations prescribed by the Office— tive Service for reasons other than mis- ‘‘(C) accomplishing goals in the strategic ‘‘(I) such agency (or, if applicable, the com- conduct, neglect of duty, malfeasance, or plan of the agency; ponent in which the employee is serving) is less than fully successful executive perform- ‘‘(2) is part of a planned, systematic, and undergoing substantial delayering, substan- ance as determined under subchapter II of coordinated agency employee development tial reorganization, substantial reductions in chapter 43.’’; and program linked to accomplishing the stra- force, substantial transfer of function, or (C) in section 3594(b)— tegic goals of the agency; and other substantial workforce restructuring (i) in paragraph (1), by inserting ‘‘or’’ at ‘‘(3) is accredited and is provided by a col- (or shaping); the end; lege or university that is accredited by a na- ‘‘(II) a significant percentage of employees (ii) in paragraph (2), by striking ‘‘or’’ at tionally recognized body. serving in such agency (or component) are the end; and ‘‘(b) In exercising authority under sub- likely to be separated or subject to an imme- (iii) by striking paragraph (3); section (a), an agency shall— diate reduction in the rate of basic pay (3) in section 7701(c)(1)(A), by striking ‘‘or ‘‘(1) consistent with the merit system prin- (without regard to subchapter VI of chapter removal from the Senior Executive Service ciples set forth in paragraphs (2) and (7) of 53, or comparable provisions); or for failure to be recertified under section section 2301(b), take into consideration the ‘‘(III) identified as being in positions which 3393a’’; need to— are becoming surplus or excess to the agen- (4) in chapter 83— ‘‘(A) maintain a balanced workforce in cy’s future ability to carry out its mission (A) in section 8336(h)(1), by striking ‘‘for which women, members of racial and ethnic effectively; and failure to be recertified as a senior executive minority groups, and persons with disabil- ‘‘(v) as determined by the agency under under section 3393a or’’; and ities are appropriately represented in Gov- regulations prescribed by the Office, is with- (B) in section 8339(h), in the first sentence, ernment service; and in the scope of the offer of voluntary early by striking ‘‘, except that such reduction ‘‘(B) provide employees effective education retirement, which may be made on the basis shall not apply in the case of an employee re- and training to improve organizational and of— tiring under section 8336(h) for failure to be individual performance; ‘‘(I) 1 or more organizational units; recertified as a senior executive’’; and ‘‘(2) assure that the training is not for the ‘‘(II) 1 or more occupational series or lev- (5) in chapter 84— sole purpose of providing an employee an op- els; (A) in section 8414(a)(1), by striking ‘‘for portunity to obtain an academic degree or to ‘‘(III) 1 or more geographical locations; failure to be recertified as a senior executive qualify for appointment to a particular posi- ‘‘(IV) specific periods; under section 3393a or’’; and tion for which the academic degree is a basic ‘‘(V) skills, knowledge, or other factors re- (B) in section 8421(a)(2), by striking ‘‘, ex- requirement; lated to a position; or cept that an individual entitled to an annu- ‘‘(3) assure that no authority under this ‘‘(VI) any appropriate combination of such ity under section 8414(a) for failure to be re- subsection is exercised on behalf of any em- factors;’’. certified as a senior executive shall be enti- ployee occupying or seeking to qualify for— (3) GENERAL ACCOUNTING OFFICE AUTHOR- tled to an annuity supplement without re- ‘‘(A) a noncareer appointment in the Sen- ITY.—The amendments made by this sub- gard to such applicable minimum retirement ior Executive Service; or section shall not be construed to affect the age’’. ‘‘(B) appointment to any position that is authority under section 1 of Public Law 106– (b) SAVINGS PROVISION.—Notwithstanding excepted from the competitive service be- 303 (5 U.S.C. 8336 note; 114 Stat. 1063). the amendments made by subsection cause of its confidential policy-determining, (4) TECHNICAL AND CONFORMING AMEND- (a)(2)(A), an appeal under the final sentence policymaking, or policy-advocating char- MENT.—Section 7001 of the 1998 Supplemental of section 3592(a) of title 5, United States acter; and Appropriations and Rescissions Act (Public Code, that is pending on the day before the ‘‘(4) to the greatest extent practicable, fa- Law 105–174; 112 Stat. 91) is repealed. effective date of this section— cilitate the use of online degree training.’’.

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(b) TECHNICAL AND CONFORMING AMEND- the extent that the time spent in travel sta- On page 27, line 21, insert ‘‘tribal,’’ after MENT.—The table of sections for chapter 41 of tus is not otherwise compensable. ‘‘State,’’. title 5, United States Code, is amended by ‘‘(b) Not later than 30 days after the date of On page 28, line 24, insert ‘‘, tribal,’’ after striking the item relating to section 4107 and enactment of this section, the Office of Per- ‘‘State’’. inserting the following: sonnel Management shall prescribe regula- On page 29, line 7, insert ‘‘tribal,’’ after ‘‘4107. Academic degree training.’’. tions to implement this section.’’. ‘‘State,’’. SEC. 2402. MODIFICATIONS TO NATIONAL SECU- On page 36, line 3, insert ‘‘, tribal,’’ after RITY EDUCATION PROGRAM. SA 4950. Mr. INOUYE submitted an ‘‘State’’. (a) FINDINGS AND POLICIES.— amendment intended to be proposed to On page 37, line 5, insert ‘‘tribal,’’ after (1) FINDINGS.—Congress finds that— amendment SA 4901 proposed by Mr. ‘‘State,’’. (A) the United States Government actively THOMPSON (for Mr. GRAMM (for himself, On page 38, line 22, insert ‘‘tribal,’’ after ‘‘State,’’. encourages and financially supports the Mr. MILLER, Mr. THOMPSON, Mr. training, education, and development of On page 42, line 9, insert ‘‘tribal,’’ after BARKLEY, and Mr. VOINOVICH)) to the many United States citizens; ‘‘State,’’. (B) as a condition of some of those sup- bill H.R. 5005, to establish the Depart- On page 42, line 11, strike ‘‘or State’’ and ports, many of those citizens have an obliga- ment of Homeland Security, and for insert ‘‘, State, or tribal’’. tion to seek either compensated or uncom- other purposes; which was ordered to On page 43, line 9, insert ‘‘, tribal,’’ after pensated employment in the Federal sector; lie on the table; as follows: ‘‘State’’. On page 43, line 12, insert ‘‘, tribal,’’ after and On page 5, in the item relating to section ‘‘State’’. (C) it is in the United States national in- 801, insert ‘‘, Tribal,’’ after ‘‘State’’. terest to maximize the return to the Nation On page 9, line 21, insert ‘‘tribal,’’ after On page 43, line 15, insert ‘‘, tribal,’’ after of funds invested in the development of such ‘‘State,’’. ‘‘State’’. citizens by seeking to employ them in the On page 10, between lines 9 and 10, insert On page 45, line 1, insert ‘‘tribal,’’ after Federal sector. the following: ‘‘State,’’. On page 46, line 17, insert ‘‘, tribal,’’ after (2) POLICY.—It shall be the policy of the (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ United States Government to— means any Indian tribe, band, nation, or ‘‘State’’. On page 50, line 13, insert ‘‘, tribal,’’ after (A) establish procedures for ensuring that other organized group or community located ‘‘State’’. United States citizens who have incurred in the continental United States (excluding On page 54, line 22, insert ‘‘tribal,’’ after service obligations as the result of receiving the State of Alaska) that is recognized as ‘‘State,’’. financial support for education and training being eligible for the special programs and On page 60, line 1, insert ‘‘tribal,’’ after from the United States Government and services provided by the United States to In- ‘‘State,’’. have applied for Federal positions are con- dians because of their status as Indians. On page 60, line 11, insert ‘‘tribal,’’ after sidered in all recruitment and hiring initia- On page 10, line 10, strike ‘‘(9)’’ and insert ‘‘State,’’. tives of Federal departments, bureaus, agen- ‘‘(10)’’. On page 60, line 17, insert ‘‘tribal,’’ after cies, and offices; and On page 10, strike lines 22 through 24 and ‘‘State,’’. (B) advertise and open all Federal posi- insert the following: On page 61, line 12, insert ‘‘tribal,’’ after tions to United States citizens who have in- (B) an Alaska Native village or organiza- ‘‘State,’’. curred service obligations with the United tion; and On page 62, line 7, insert ‘‘, tribal,’’ after States Government as the result of receiving On page 11, line 3, strike ‘‘(11)’’ and insert ‘‘State’’. financial support for education and training ‘‘(12)’’. On page 62, line 19, insert ‘‘, tribal,’’ after from the United States Government. On page 11, line 7, strike ‘‘(12)’’ and insert ‘‘State’’. (b) FULFILLMENT OF SERVICE REQUIREMENT ‘‘(13)’’. On page 63, line 6, insert ‘‘, tribal,’’ after IF NATIONAL SECURITY POSITIONS ARE UN- On page 11, line 9, strike ‘‘(13)’’ and insert ‘‘State’’. AVAILABLE.— Section 802(b)(2) of the David L. ‘‘(14)’’. Boren National Security Education Act of On page 11, line 11, strike ‘‘(14)’’ and insert On page 63, line 12, insert ‘‘, tribal,’’ after 1991 (50 U.S.C. 1902) is amended— ‘‘(15)’’. ‘‘State’’. (1) in subparagraph (A), by striking clause On page 11, line 17, strike ‘‘(15)’’ and insert On page 65, line 2, insert ‘‘tribal,’’ after (ii) and inserting the following: ‘‘(16)’’. ‘‘State,’’. ‘‘(ii) if the recipient demonstrates to the On page 12, strike line 9 and insert the fol- On page 71, line 10, strike ‘‘state,’’ and in- Secretary (in accordance with such regula- lowing: sert ‘‘State, tribal,’’. On page 97, line 3, insert ‘‘, tribal,’’ after tions) that no national security position in (17) TRIBAL COLLEGE OR UNIVERSITY.—The ‘‘State’’. an agency or office of the Federal Govern- term ‘‘tribal college or university’’ has the On page 105, line 11, insert ‘‘tribal colleges ment having national security responsibil- meaning given the term ‘‘tribally controlled and universities,’’ after ‘‘education,’’. ities is available, work in other offices or college or university’’ in section 316(b) of the On page 106, line 16, insert ‘‘tribal,’’ after agencies of the Federal Government or in the Higher Education Act of 1965 (20 U.S.C. ‘‘State,’’. field of higher education in a discipline re- 1059c(b)). On page 107, line 3, insert ‘‘tribal,’’ after lating to the foreign country, foreign lan- (18) TRIBAL GOVERNMENT.—The term ‘‘State,’’. guage, area study, or international field of ‘‘tribal government’’ means the governing On page 107, line 17, insert ‘‘, tribal,’’ after study for which the scholarship was awarded, body of an Indian tribe that is recognized by ‘‘State’’. for a period specified by the Secretary, which the Secretary of the Interior. On page 147, line 1, insert ‘‘, tribal,’’ after period shall be determined in accordance (19)(A) UNITED STATES.—The term ‘‘United ‘‘State’’. with clause (i); or’’; and States, when used On page 154, line 7, insert ‘‘, tribal,’’ after (2) in subparagraph (B), by striking clause On page 15, line 3, insert ‘‘tribal,’’ after ‘‘State’’. (ii) and inserting the following: ‘‘States,’’. On page 201, line 22, insert ‘‘tribal,’’ after ‘‘(ii) if the recipient demonstrates to the On page 16, line 9, insert ‘‘, Tribal,’’ after ‘‘State,’’. Secretary (in accordance with such regula- ‘‘State’’. On page 204, line 8, insert ‘‘tribal,’’ after tions) that no national security position is On page 16, line 11, insert ‘‘, tribal,’’ after ‘‘State,’’. available upon the completion of the degree, ‘‘State’’. On page 214, line 7, insert ‘‘tribal,’’ after work in other offices or agencies of the Fed- On page 17, line 14, insert ‘‘, tribal,’’ after ‘‘State,’’. eral Government or in the field of higher ‘‘State’’. On page 221, line 21, insert ‘‘, TRIBAL,’’ after education in a discipline relating to the On page 17, line 21, insert ‘‘, tribal,’’ after ‘‘STATE’’. foreign country, foreign language, area ‘‘State’’. On page 17, line 1, insert ‘‘, tribal,’’ after On page 221, line 24, insert ‘‘, Tribal,’’ after study, or international field of study for ‘‘State’’. which the fellowship was awarded, for a pe- ‘‘State’’. On page 23, line 10, insert ‘‘, tribal,’’ after On page 222, line 1, insert ‘‘, tribal,’’ after riod specified by the Secretary, which period ‘‘State’’. ‘‘State’’. shall be established in accordance with On page 24, line 11, insert ‘‘, tribal,’’ after On page 222, line 6, insert ‘‘, tribal,’’ after clause (i); and’’. ‘‘State’’. ‘‘State’’. SEC. 2403. COMPENSATORY TIME OFF FOR TRAV- On page 25, line 9, insert ‘‘, tribal,’’ after On page 222, line 8, insert ‘‘, tribal,’’ after EL. ‘‘State’’. ‘‘State’’. Subchapter V of chapter 55 of title 5, On page 25, line 20, insert ‘‘, tribal,’’ after On page 222, line 10, insert ‘‘, tribal,’’ after United States Code, is amended by adding at ‘‘State’’. ‘‘State’’. end the following: On page 26, line 4, insert ‘‘, tribal,’’ after On page 222, line 14, insert ‘‘, tribal,’’ after ‘‘§ 5550b. Compensatory time off for travel ‘‘State’’. ‘‘State’’. ‘‘(a) An employee shall receive 1 hour of On page 26, line 10, insert ‘‘, tribal,’’ after On page 280, line 4, insert ‘‘, tribal,’’ after compensatory time off for each hour spent ‘‘State’’. ‘‘State’’. by the employee in travel status away from On page 27, line 1, insert ‘‘, tribal,’’ after On page 285, line 9, insert ‘‘, TRIBAL,’’ after the official duty station of the employee, to ‘‘State’’. ‘‘STATE’’.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.154 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11119 On page 285, line 11, insert ‘‘, tribal,’’ after On page 319, line 23, insert ‘‘tribal,’’ after SA 4952. Mr. INOUYE submitted an ‘‘State’’. ‘‘State,’’. amendment intended to be proposed by On page 285, line 12, insert ‘‘, tribal,’’ after On page 320, line 19, insert ‘‘or Indian him to the bill H.R. 5005, to establish ‘‘State’’. tribe’’ after ‘‘subdivision)’’. On page 289, line 10, insert ‘‘, Tribal,’’ after On page 321, line 4, insert ‘‘or Indian tribe’’ the Department of Homeland Security, ‘‘State’’. after ‘‘subdivision)’’. and for other purposes; which was or- On page 289, line 13, insert ‘‘tribal,’’ after On page 376, line 22, insert ‘‘tribal,’’ after dered to lie on the table; as follows: ‘‘State,’’. ‘‘State,’’. On page 5, in the item relating to section On page 289, line 16, insert ‘‘tribal,’’ after On page 476, line 2, insert ‘‘tribal,’’ after 801, insert ‘‘, Tribal,’’ after ‘‘State’’. ‘‘State,’’. ‘‘State,’’. On page 9, line 21, insert ‘‘tribal,’’ after On page 289, line 19, insert ‘‘tribal,’’ after On page 476, line 8, insert ‘‘, tribal,’’ after ‘‘State,’’. ‘‘State’’. ‘‘State,’’. On page 10, between lines 9 and 10, insert On page 476, line 10, insert ‘‘, tribal,’’ after On page 289, line 22, insert ‘‘tribal,’’ after the following: ‘‘State’’. ‘‘State,’’. On page 476, line 12, insert ‘‘, tribal,’’ after (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ On page 290, line 6, insert ‘‘tribal,’’ after ‘‘State’’. means any Indian tribe, band, nation, or ‘‘State,’’. other organized group or community located On page 290, line 13, insert ‘‘tribal,’’ after SA 4951. Mr. DODD proposed an in the continental United States (excluding ‘‘State,’’. amendment to amendment SA 4902 pro- the State of Alaska) that is recognized as On page 291, line 6, insert ‘‘, tribal,’’ after being eligible for the special programs and posed by Mr. LIEBERMAN (for himself, ‘‘State’’. services provided by the United States to In- On page 301, line 21, insert ‘‘, tribal,’’ after Mr. MCCAIN OF NEBRASKA) TO THE dians because of their status as Indians. ‘‘State’’. AMENDMENT SA 4901 PROPOSED BY MR. On page 10, line 10, strike ‘‘(9)’’ and insert On page 304, line 4, insert ‘‘, tribal,’’ after THOMPSON (for Mr. GRAMM (for himself, ‘‘(10)’’. ‘‘State’’. Mr. MILLER, Mr. THOMPSON, Mr. On page 10, strike lines 22 through 24 and On page 304, line 12, insert ‘‘, tribal,’’ after BARKLEY, and Mr. VOINOVICH)) to the insert the following: ‘‘State’’. bill H.R. 5005, to establish the Depart- (B) an Alaska Native village or organiza- On page 304, line 14, insert ‘‘, tribal,’’ after ment of Homeland Security, and for tion; and ‘‘State’’. On page 11, line 3, strike ‘‘(11)’’ and insert On page 304, line 21, insert ‘‘, tribal,’’ after other purposes; as follows: ‘‘(12)’’. ‘‘State’’. At the end insert the following: On page 11, line 7, strike ‘‘(12)’’ and insert On page 304, line 23, insert ‘‘tribal,’’ after SEC. 510. GRANTS FOR FIREFIGHTING PER- ‘‘(13)’’. ‘‘State,’’. SONNEL. On page 11, line 9, strike ‘‘(13)’’ and insert On page 305, line 3, insert ‘‘, tribal,’’ after Section 33 of the Federal Fire Prevention ‘‘(14)’’. ‘‘State’’. and Control Act of 1974 (15 U.S.C. 2229) is On page 11, line 11, strike ‘‘(14)’’ and insert On page 305, line 5, insert ‘‘, tribal,’’ after amended— ‘‘(15)’’. ‘‘State’’. (1) by redesignating subsections (c), (d), On page 11, line 17, strike ‘‘(15)’’ and insert On page 305, line 9, insert ‘‘, tribal,’’ after and (e) as subsections (d), (e), and (f), respec- ‘‘(16)’’. ‘‘State’’. tively; On page 12, strike line 9 and insert the fol- On page 305, line 12, insert ‘‘tribal,’’ after (2) by inserting after subsection (b) the following: ‘‘State,’’. lowing: (17) TRIBAL COLLEGE OR UNIVERSITY.—The On page 305, line 23, insert ‘‘tribal,’’ after ‘‘(c) PERSONNEL GRANTS.— term ‘‘tribal college or university’’ has the ‘‘State,’’. ‘‘(1) DURATION.—In awarding grants for hir- meaning given the term ‘‘tribally controlled On page 306, line 5, insert ‘‘tribal,’’ after ing firefighting personnel in accordance with college or university’’ in section 316(b) of the ‘‘State,’’. subsection (b)(3)(A), the Director shall award Higher Education Act of 1965 (20 U.S.C. On page 306, line 19, insert ‘‘, tribal,’’ after grants extending over a 3-year period. 1059c(b)). ‘‘State’’. ‘‘(2) MAXIMUM AMOUNT.—The total amount (18) TRIBAL GOVERNMENT.—The term On page 307, line 19, insert ‘‘, tribal,’’ after of grants awarded under this subsection shall ‘‘tribal government’’ means the governing ‘‘State’’. not exceed $100,000 per firefighter, indexed body of an Indian tribe that is recognized by On page 308, line 15, insert ‘‘, tribal,’’ after for inflation, over the 3-year grant period. the Secretary of the Interior. ‘‘State’’. ‘‘(3) FEDERAL SHARE.— (19)(A) UNITED STATES.—The term ‘‘United On page 309, line 23, insert ‘‘, tribal,’’ after ‘‘(A) IN GENERAL.—A grant under this sub- States, when used ‘‘State’’. section shall not exceed 75 percent of the On page 15, line 3, insert ‘‘tribal,’’ after On page 310, line 20, insert ‘‘, tribal,’’ after total salary and benefits cost for additional ‘‘States,’’. ‘‘State’’. firefighters hired. On page 16, line 9, insert ‘‘, Tribal,’’ after On page 311, line 2, insert ‘‘, tribal,’’ after ‘‘(B) WAIVER.—The Director may waive the ‘‘State’’. ‘‘State’’. 25 percent non-Federal match under subpara- On page 16, line 11, insert ‘‘, tribal,’’ after On page 311, line 6, insert ‘‘, tribal,’’ after graph (A) for a jurisdiction of 50,000 or fewer ‘‘State’’. ‘‘State’’. residents or in cases of extreme hardship. On page 16, line 14, insert ‘‘, tribal,’’ after On page 311, line 9, insert ‘‘, tribal,’’ after ‘‘(4) APPLICATION.—An application for a ‘‘State’’. ‘‘State’’. grant under this subsection, shall— On page 16, line 21, insert ‘‘, tribal,’’ after On page 311, line 21, insert ‘‘, tribal,’’ after ‘‘(A) meet the requirements under sub- ‘‘State’’. On page 17, line 1, insert ‘‘, tribal,’’ after ‘‘State’’. section (b)(5); ‘‘State’’. On page 311, line 23, insert ‘‘, tribal,’’ after ‘‘(B) include an explanation for the appli- On page 23, line 10, insert ‘‘, tribal,’’ after ‘‘State’’. cant’s need for Federal assistance; and ‘‘(C) contain specific plans for obtaining ‘‘State’’. On page 312, line 4, insert ‘‘tribal,’’ after On page 24, line 11, insert ‘‘, tribal,’’ after necessary support to retain the position fol- ‘‘State,’’. ‘‘State’’. lowing the conclusion of Federal support. On page 312, line 3, insert ‘‘, tribal,’’ after On page 25, line 9, insert ‘‘, tribal,’’ after ‘‘(5) MAINTENANCE OF EFFORT.—Grants ‘‘State’’. ‘‘State’’. awarded under this subsection shall only be On page 312, line 17, insert ‘‘, tribal,’’ after On page 25, line 20, insert ‘‘, tribal,’’ after used to pay the salaries and benefits of addi- ‘‘State’’. ‘‘State’’. On page 312, line 20, insert ‘‘tribally or’’ tional firefighting personnel, and shall not On page 26, line 4, insert ‘‘, tribal,’’ after after ‘‘other’’. be used to supplant funding allocated for per- ‘‘State’’. On page 312, line 22, insert ‘‘, tribal,’’ after sonnel from State and local sources.’’; and On page 26, line 10, insert ‘‘, tribal,’’ after ‘‘State’’. (3) in subsection (f) (as redesignated by ‘‘State’’. On page 313, line 1, insert ‘‘tribal,’’ after paragraph (1)), by adding at the end the fol- On page 27, line 1, insert ‘‘, tribal,’’ after ‘‘State,’’. lowing: ‘‘State’’. On page 313, line 18, insert ‘‘, tribal,’’ after ‘‘(3) SUPPLEMENTAL APPROPRIATION.—In ad- On page 27, line 21, insert ‘‘tribal,’’ after ‘‘State’’. dition to the authorization provided in para- ‘‘State,’’. On page 316, line 15, strike ‘‘federal, state,’’ graph (1), there are authorized to be appro- On page 28, line 24, insert ‘‘, tribal,’’ after and insert ‘‘Federal, State, tribal,’’. priated $1,000,000,000 for each of fiscal years ‘‘State’’. On page 316, line 24, strike ‘‘state,’’ and in- 2003 and 2004 for the purpose of providing per- On page 29, line 7, insert ‘‘tribal,’’ after sert ‘‘State, tribal,’’. sonnel grants described in subsection (c). ‘‘State,’’. On page 318, line 4, insert ‘‘tribal,’’ after Such sums may be provided solely for the On page 36, line 3, insert ‘‘, tribal,’’ after ‘‘State,’’. purpose of hiring employees engaged in fire ‘‘State’’. On page 318, line 18, insert ‘‘tribal,’’ after protection (as defined in section 3 of the Fair On page 37, line 5, insert ‘‘tribal,’’ after ‘‘State,’’. Labor Standards Act (29 U.S.C. 203)), and ‘‘State,’’. On page 319, line 17, insert ‘‘tribal,’’ after shall not be subject to the provisions of para- On page 38, line 22, insert ‘‘tribal,’’ after ‘‘State,’’. graphs (10) or (11) of subsection (b).’’. ‘‘State,’’.

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.147 S14PT2 S11120 CONGRESSIONAL RECORD — SENATE November 14, 2002 On page 42, line 9, insert ‘‘tribal,’’ after On page 289, line 19, insert ‘‘tribal,’’ after On page 476, line 10, insert ‘‘, tribal,’’ after ‘‘State,’’. ‘‘State,’’. ‘‘State’’. On page 42, line 11, strike ‘‘or State’’ and On page 289, line 22, insert ‘‘tribal,’’ after On page 476, line 12, insert ‘‘, tribal,’’ after insert ‘‘, State, or tribal’’. ‘‘State,’’. ‘‘State’’. On page 43, line 9, insert ‘‘, tribal,’’ after On page 290, line 6, insert ‘‘tribal,’’ after ‘‘State’’. ‘‘State,’’. SA 4953. Mr. LIBERMAN submitted On page 43, line 12, insert ‘‘, tribal,’’ after On page 290, line 13, insert ‘‘tribal,’’ after an amendment intended to be proposed ‘‘State’’. ‘‘State,’’. by him to the bill H.R. 5005, to estab- On page 43, line 15, insert ‘‘, tribal,’’ after On page 291, line 6, insert ‘‘, tribal,’’ after lish the Department of Homeland Secu- ‘‘State’’. ‘‘State’’. rity, and for other purposes; which was On page 45, line 1, insert ‘‘tribal,’’ after On page 301, line 21, insert ‘‘, tribal,’’ after ‘‘State,’’. ‘‘State’’. ordered to lie on the table; as follows: On page 46, line 17, insert ‘‘, tribal,’’ after On page 304, line 4, insert ‘‘, tribal,’’ after Strike all after the first word and insert ‘‘State’’. ‘‘State’’. the following: On page 50, line 13, insert ‘‘, tribal,’’ after On page 304, line 12, insert ‘‘, tribal,’’ after TITLE XVIII—NONEFFECTIVE PROVISIONS ‘‘State’’. ‘‘State’’. SEC. 1801. NONEFFECTIVE PROVISIONS. On page 54, line 22, insert ‘‘tribal,’’ after On page 304, line 14, insert ‘‘, tribal,’’ after (a) IN GENERAL.—Notwithstanding any ‘‘State,’’. ‘‘State’’. other provision of this Act, (including any On page 60, line 1, insert ‘‘tribal,’’ after On page 304, line 21, insert ‘‘, tribal,’’ after effective date provision of this Act) the fol- ‘‘State,’’. ‘‘State’’. lowing provisions of this Act shall not take On page 60, line 11, insert ‘‘tribal,’’ after On page 304, line 23, insert ‘‘tribal,’’ after effect: ‘‘State,’’. ‘‘State,’’. (1) Section 308(b)(2)(B) (i) through (xiv). On page 60, line 17, insert ‘‘tribal,’’ after On page 305, line 3, insert ‘‘, tribal,’’ after (2) Section 311(i). ‘‘State,’’. ‘‘State’’. (3) Subtitle G of title VIII. On page 61, line 12, insert ‘‘tribal,’’ after On page 305, line 5, insert ‘‘, tribal,’’ after (4) Section 871. ‘‘State,’’. ‘‘State’’. (5) Section 890. On page 62, line 7, insert ‘‘, tribal,’’ after On page 305, line 9, insert ‘‘, tribal,’’ after (6) Section 1707. ‘‘State’’. ‘‘State’’. (7) Sections 1714, 1715, 1716, and 1717. On page 62, line 19, insert ‘‘, tribal,’’ after On page 305, line 12, insert ‘‘tribal,’’ after (b) APPLICATION OF FEDERAL ADVISORY ‘‘State’’. ‘‘State,’’. COMMITTEE ACT.—Notwithstanding para- On page 63, line 6, insert ‘‘, tribal,’’ after On page 305, line 23, insert ‘‘tribal,’’ after graph (2) of subsection (b) of section 232, any ‘‘State’’. ‘‘State,’’. advisory group described under that para- On page 63, line 12, insert ‘‘, tribal,’’ after On page 306, line 5, insert ‘‘tribal,’’ after graph shall not be exempt from the provi- ‘‘State’’. ‘‘State,’’. sions of the Federal Advisory Committee Act On page 65, line 2, insert ‘‘tribal,’’ after On page 306, line 19, insert ‘‘, tribal,’’ after (5 U.S.C. App.). ‘‘State,’’. ‘‘State’’. (c) WAIVER.—Notwithstanding section On page 71, line 10, strike ‘‘state,’’ and in- On page 307, line 19, insert ‘‘, tribal,’’ after 835(d), the Secretary shall waive subsection sert ‘‘State, tribal,’’. ‘‘State’’. (a) of that section, only if the Secretary de- On page 97, line 3, insert ‘‘, tribal,’’ after On page 308, line 15, insert ‘‘, tribal,’’ after termines that the waiver is required in the ‘‘State’’. ‘‘State’’. interest of homeland security. On page 105, line 11, insert ‘‘tribal colleges On page 309, line 23, insert ‘‘, tribal,’’ after (d) The amendment made by subsection and universities,’’ after ‘‘education,’’. ‘‘State’’. (a)(1) of this section shall be effective one On page 106, line 16, insert ‘‘tribal,’’ after On page 310, line 20, insert ‘‘, tribal,’’ after day after enactment. ‘‘State,’’. ‘‘State’’. On page 107, line 3, insert ‘‘tribal,’’ after On page 311, line 2, insert ‘‘, tribal,’’ after Mr. REID (for Ms. CANTWELL ‘‘State,’’. ‘‘State’’. SA 4954. On page 107, line 17, insert ‘‘, tribal,’’ after On page 311, line 6, insert ‘‘, tribal,’’ after (for herself, Mr. GRASSLEY, Mr. ENZI, ‘‘State’’. ‘‘State’’. and Mr. KOHL)) proposed an amend- On page 147, line 1, insert ‘‘, tribal,’’ after On page 311, line 9, insert ‘‘, tribal,’’ after ment to the bill S. 1742, to prevent the ‘‘State’’. ‘‘State’’. crime of identity theft, mitigate the On page 154, line 7, insert ‘‘, tribal,’’ after On page 311, line 21, insert ‘‘, tribal,’’ after harm to individuals victimized by iden- ‘‘State’’. ‘‘State’’. tity theft, and for other purposes; as On page 201, line 22, insert ‘‘tribal,’’ after On page 311, line 23, insert ‘‘, tribal,’’ after follows: ‘‘State,’’. ‘‘State’’. On page 204, line 8, insert ‘‘tribal,’’ after On page 312, line 4, insert ‘‘tribal,’’ after SECTION 1. SHORT TITLE. ‘‘State,’’. ‘‘State,’’. This Act may be cited as the ‘‘Identity On page 204, line 12, insert ‘‘and Indian On page 312, line 17, insert ‘‘, tribal,’’ after Theft Victims Assistance Act of 2002’’. Health Service’’ after ‘‘Health Service’’. ‘‘State’’. SEC. 2. FINDINGS. On page 214, line 7, insert ‘‘tribal,’’ after On page 312, line 20, insert ‘‘tribally or’’ Congress finds that— ‘‘State,’’. after ‘‘other’’. (1) the crime of identity theft is the fastest On page 221, line 21, insert ‘‘, tribal,’’ after On page 312, line 22, insert ‘‘, tribal,’’ after growing crime in the United States; ‘‘state’’. ‘‘State’’. (2) victims of identity theft often have ex- On page 221, line 24, insert ‘‘, Tribal,’’ after On page 313, line 1, insert ‘‘tribal,’’ after traordinary difficulty restoring their credit ‘‘State’’. ‘‘State,’’. and regaining control of their identity be- On page 222, line 1, insert ‘‘, tribal,’’ after On page 313, line 18, insert ‘‘, tribal,’’ after cause of the viral nature of identity theft; ‘‘State’’. ‘‘State’’. (3) identity theft may be ruinous to the On page 222, line 6, insert ‘‘, tribal,’’ after On page 316, line 15, strike ‘‘federal, state,’’ good name and credit of consumers whose ‘‘State’’. and insert ‘‘Federal, State, tribal,’’. identities are misappropriated, and victims On page 222, line 8, insert ‘‘, tribal,’’ after On page 316, line 24, strike ‘‘state,’’ and in- of identity theft may be denied otherwise ‘‘State’’. sert ‘‘State, tribal,’’. well-deserved credit, may have to spend On page 222, line 10, insert ‘‘, tribal,’’ after On page 318, line 4, insert ‘‘tribal,’’ after enormous time, effort, and sums of money to ‘‘State’’. ‘‘State,’’. remedy their circumstances, and may suffer On page 222, line 14, insert ‘‘, tribal,’’ after On page 318, line 18, insert ‘‘tribal,’’ after extreme emotional distress including deep ‘‘State’’. ‘‘State,’’. depression founded in profound frustration On page 280, line 4, insert ‘‘, tribal,’’ after On page 319, line 17, insert ‘‘tribal,’’ after as they address the array of problems that ‘‘State’’. ‘‘State,’’. may arise as a result of identity theft; On page 285, line 9, insert ‘‘, TRIBAL,’’ after On page 319, line 23, insert ‘‘tribal,’’ after (4) victims are often required to contact ‘‘STATE’’. ‘‘State,’’. numerous Federal, State, and local law en- On page 285, line 11, insert ‘‘, tribal,’’ after On page 320, line 19, insert ‘‘or Indian forcement agencies, consumer credit report- ‘‘State’’. tribe’’ after ‘‘subdivision)’’. ing agencies, and creditors over many years, On page 285, line 12, insert ‘‘, tribal,’’ after On page 321, line 4, insert ‘‘or Indian tribe’’ as each event of fraud arises; ‘‘State’’. after ‘‘subdivision)’’. (5) the Government, business entities, and On page 289, line 10, insert ‘‘, Tribal,’’ after On page 376, line 22, insert ‘‘tribal,’’ after credit reporting agencies have a shared re- ‘‘State’’. ‘‘State,’’. sponsibility to assist identity theft victims, On page 289, line 13, insert ‘‘tribal,’’ after On page 476, line 2, insert ‘‘tribal,’’ after to mitigate the harm that results from fraud ‘‘State,’’. ‘‘State,’’. perpetrated in the victim’s name; On page 289, line 16, insert ‘‘tribal,’’ after On page 476, line 8, insert ‘‘, tribal,’’ after (6) victims of identity theft need a nation- ‘‘State,’’. ‘‘State’’. ally standardized means of—

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.149 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11121 (A) reporting identity theft to consumer ‘‘(B) any Federal, State, or local governing dence) for a business entity to file an affi- credit reporting agencies and business enti- law enforcement agency or officer specified davit or answer stating that— ties; and by the victim; or ‘‘(1) the business entity has made a reason- (B) evidencing their true identity and ‘‘(C) any law enforcement agency inves- ably diligent search of its available business claim of identity theft to consumer credit tigating the identity theft and authorized by records; and reporting agencies and business entities; the victim to take receipt of records pro- ‘‘(2) the records requested under this sec- (7) one of the greatest law enforcement vided under this section. tion do not exist or are not available. challenges posed by identity theft is that ‘‘(2) RULE OF CONSTRUCTION.— ‘‘(h) NO PRIVATE RIGHT OF ACTION.—Noth- stolen identities are often used to perpetrate ‘‘(A) IN GENERAL.—No provision of Federal crimes in many different localities in dif- or State law prohibiting the disclosure of fi- ing in this section shall be construed to pro- ferent States, and although identity theft is nancial information by a business entity to vide a private right of action or claim for re- a Federal crime, most often, State and local third parties shall be used to deny disclosure lief. law enforcement agencies are responsible for of information to the victim under this sec- ‘‘(i) ENFORCEMENT.— investigating and prosecuting the crimes; tion. ‘‘(1) CIVIL ACTIONS.— and ‘‘(B) LIMITATION.—Except as provided in ‘‘(A) IN GENERAL.—In any case in which the (8) the Federal Government should assist subparagraph (A), nothing in this section re- attorney general of a State has reason to be- State and local law enforcement agencies to quires a business entity to disclose informa- lieve that an interest of the residents of that effectively combat identity theft and the as- tion that the business entity is otherwise State has been, or is threatened to be, ad- sociated fraud. prohibited from disclosing under any other versely affected by a violation of this section SEC. 3. TREATMENT OF IDENTITY THEFT MITIGA- provision of Federal or State law. by any business entity, the State, as parens TION. ‘‘(c) VERIFICATION OF IDENTITY AND (a) IN GENERAL.—Chapter 47 title 18, United patriae, may bring a civil action on behalf of CLAIM.—Unless a business entity, at its dis- the residents of the State in a district court States Code, is amended by adding after sec- cretion, is otherwise able to verify the iden- of the United States of appropriate jurisdiction 1028 the following: tity of a victim making a request under sub- tion to— ‘‘§ 1028A. Treatment of identity theft mitiga- section (b)(1), the victim shall provide to the ‘‘(i) enjoin that practice; tion business entity— ‘‘(ii) enforce compliance of this section; ‘‘(a) DEFINITIONS.—As used in this section— ‘‘(1) as proof of positive identification— ‘‘(1) the term ‘business entity’ means any ‘‘(A) the presentation of a government- ‘‘(iii) obtain damages— corporation, trust, partnership, sole propri- issued identification card; ‘‘(I) in the sum of actual damages, restitu- etorship, or unincorporated association, in- ‘‘(B) if providing proof by mail, a copy of a tion, and other compensation on behalf of cluding any financial service provider, finan- government-issued identification card; or the residents of the State; and cial information repository, creditor (as that ‘‘(C) upon the request of the person seeking ‘‘(II) punitive damages, if the violation is term is defined in section 103 of the Truth in business records, the business entity may in- willful or intentional; and Lending Act (15 U.S.C. 1602)), telecommuni- form the requesting person of the categories ‘‘(iv) obtain such other equitable relief as cations, utilities, or other service provider; of identifying information that the unau- the court may consider to be appropriate. ‘‘(2) the term ‘consumer’ means an indi- thorized person provided the business entity ‘‘(B) NOTICE.—Before bringing an action vidual; as personally identifying information, and under subparagraph (A), the attorney gen- ‘‘(3) the term ‘financial information’ may require the requesting person to provide eral of the State involved shall provide to means information identifiable as relating to identifying information in those categories; the Attorney General of the United States— an individual consumer that concerns the and ‘‘(i) written notice of the action; and amount and conditions of the assets, liabil- ‘‘(2) as proof of a claim of identity theft, at ‘‘(ii) a copy of the complaint for the action. ities, or credit of the consumer, including— the election of the business entity— ‘‘(2) INTERVENTION.— ‘‘(A) account numbers and balances; ‘‘(A) a copy of a police report evidencing ‘‘(A) IN GENERAL.—On receiving notice of ‘‘(B) nonpublic personal information, as the claim of the victim of identity theft; an action under paragraph (1)(B), the Attor- that term is defined in section 509 of the ‘‘(B) a copy of a standardized affidavit of ney General of the United States shall have Gramm-Leach-Bliley Act (15 U.S.C. 6809); and identity theft developed and made available the right to intervene in that action. ‘‘(C) codes, passwords, social security num- by the Federal Trade Commission; or ‘‘(B) EFFECT OF INTERVENTION.—If the At- bers, tax identification numbers, State iden- ‘‘(C) any affidavit of fact that is acceptable torney General of the United States inter- tifier numbers issued by a State department to the business entity for that purpose. venes in an action under this subsection, the of licensing, and other information used for ‘‘(d) LIMITATION ON LIABILITY.—No business Attorney General shall have the right to be the purpose of account access or transaction entity may be held liable for a disclosure, heard with respect to any matter that arises initiation; made in good faith and reasonable judgment, in that action. ‘‘(4) the term ‘financial information reposi- to provide information under this section ‘‘(C) SERVICE OF PROCESS.—Upon request of tory’ means a person engaged in the business with respect to an individual in connection the Attorney General of the United States, of providing services to consumers who have with an identity theft to other business enti- the attorney general of a State that has filed a credit, deposit, trust, stock, or other finan- ties, law enforcement authorities, victims, an action under this subsection shall, pursu- cial services account or relationship with or any person alleging to be a victim, if— ant to Rule 4(d)(4) of the Federal Rules of that person; ‘‘(1) the business entity complies with sub- Civil Procedure, serve the Government ‘‘(5) the term ‘identity theft’ means an ac- section (c); and with— tual or potential violation of section 1028 or ‘‘(2) such disclosure was made— ‘‘(i) a copy of the complaint; and any other similar provision of Federal or ‘‘(A) for the purpose of detection, inves- ‘‘(ii) written disclosure of substantially all State law; tigation, or prosecution of identity theft; or material evidence and information in the ‘‘(6) the term ‘means of identification’ has ‘‘(B) to assist a victim in recovery of fines, possession of the attorney general of the the same meaning given the term in section restitution, rehabilitation of the credit of State. 1028; and the victim, or such other relief as may be ap- ‘‘(3) CONSTRUCTION.—For purposes of bring- ‘‘(7) the term ‘victim’ means a consumer propriate. ing any civil action under this subsection, whose means of identification or financial ‘‘(e) AUTHORITY TO DECLINE TO PROVIDE IN- nothing in this section shall be construed to FORMATION.—A business entity may decline information has been used or transferred (or prevent an attorney general of a State from to provide information under subsection (b) has been alleged to have been used or trans- exercising the powers conferred on such at- if, in the exercise of good faith and reason- ferred) without the authority of that con- torney general by the laws of that State— able judgment, the business entity believes sumer with the intent to commit, or to aid ‘‘(A) to conduct investigations; that— ‘‘(B) to administer oaths or affirmations; or abet, identity theft or any other violation ‘‘(1) this section does not require disclosure of law. or ‘‘(b) INFORMATION AVAILABLE TO VICTIMS.— of the information; or ‘‘(C) to compel the attendance of witnesses ‘‘(1) IN GENERAL.—A business entity that ‘‘(2) the request for the information is or the production of documentary and other possesses information relating to an alleged based on a misrepresentation of fact by the evidence. identity theft, or that has entered into a victim relevant to the request for informa- ‘‘(4) ACTIONS BY THE ATTORNEY GENERAL OF transaction, provided credit, products, goods, tion. THE UNITED STATES.—In any case in which an ‘‘(f) NO NEW RECORDKEEPING OBLIGATION.— or services, accepted payment, or otherwise Nothing in this section creates an obligation action is instituted by or on behalf of the At- done business with a person that has made on the part of a business entity to obtain, re- torney General of the United States for a unauthorized use of the means of identifica- tain, or maintain information or records violation of this section, no State may, dur- tion of the victim, shall, not later than 20 that are not otherwise required to be ob- ing the pendency of that action, institute an days after the receipt of a written request by tained, retained, or maintained in the ordi- action under this subsection against any de- the victim, meeting the requirements of sub- nary course of its business or under other ap- fendant named in the complaint in that ac- section (c), provide, without charge, a copy plicable law. tion for violation of that practice. of all application and transaction informa- ‘‘(g) AFFIRMATIVE DEFENSE.—In any civil ‘‘(5) VENUE; SERVICE OF PROCESS.— tion related to the transaction being alleged action brought to enforce this section, it is ‘‘(A) VENUE.—Any action brought under as an identity theft to— an affirmative defense (which the defendant this subsection may be brought in the dis- ‘‘(A) the victim; must establish by a preponderance of the evi- trict court of the United States—

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.151 S14PT2 S11122 CONGRESSIONAL RECORD — SENATE November 14, 2002

‘‘(i) where the defendant resides; ‘‘(A) NEGATIVE INFORMATION DATA.—A con- from the date of the defendant’s violation of ‘‘(ii) where the defendant is doing business; sumer reporting agency shall not be required any requirement under this title. or to comply with this subsection when such ‘‘(b) WILLFUL MISREPRESENTATION.—In any ‘‘(iii) that meets applicable requirements agency is issuing information for authoriza- case in which the defendant has materially relating to venue under section 1391 of title tions, for the purpose of approving or proc- and willfully misrepresented any informa- 28. essing negotiable instruments, electronic tion required to be disclosed to an individual ‘‘(B) SERVICE OF PROCESS.—In an action funds transfers, or similar methods of pay- under this title, and the information mis- brought under this subsection, process may ment, based solely on negative information, represented is material to the establishment be served in any district in which the defend- including— of the liability of the defendant to that indi- ant— ‘‘(i) dishonored checks; vidual under this title, an action to enforce ‘‘(i) resides; ‘‘(ii) accounts closed for cause; a liability created under this title may be ‘‘(ii) is doing business; or ‘‘(iii) substantial overdrafts; brought at any time within 2 years after the ‘‘(iii) may be found.’’. ‘‘(iv) abuse of automated teller machines; date of discovery by the individual of the misrepresentation. (b) CLERICAL AMENDMENT.—The table of or ‘‘(c) IDENTITY THEFT.—An action to enforce sections at the beginning of chapter 47 of ‘‘(v) other information which indicates a a liability created under this title may be title 18, United States Code, is amended by risk of fraud occurring. brought not later than 4 years from the date inserting after the item relating to section ‘‘(B) RESELLERS.— of the defendant’s violation if— 1028 the following new item: ‘‘(i) NO RESELLER FILE.—The provisions of ‘‘(1) the plaintiff is the victim of an iden- ‘‘1028A. Treatment of identity theft mitiga- this subsection do not apply to a consumer tity theft; or tion.’’. reporting agency if the consumer reporting ‘‘(2) the plaintiff— SEC. 4. AMENDMENTS TO THE FAIR CREDIT RE- agency— ‘‘(A) has reasonable grounds to believe that PORTING ACT. ‘‘(I) does not maintain a file on the con- the plaintiff is the victim of an identity (a) CONSUMER REPORTING AGENCY BLOCKING sumer from which consumer reports are pro- theft; and OF INFORMATION RESULTING FROM IDENTITY duced; ‘‘(B) has not materially and willfully mis- THEFT.—Section 611 of the Fair Credit Re- ‘‘(II) is not, at the time of the request of represented such a claim.’’. porting Act (15 U.S.C. 1681i) is amended by the consumer under paragraph (1), otherwise SEC. 5. COORDINATING COMMITTEE STUDY OF adding at the end the following: furnishing or reselling a consumer report COORDINATION BETWEEN FEDERAL, ‘‘(e) BLOCK OF INFORMATION RESULTING concerning the information identified by the STATE, AND LOCAL AUTHORITIES IN FROM IDENTITY THEFT.— consumer; and ENFORCING IDENTITY THEFT LAWS. ‘‘(1) BLOCK.—Except as provided in para- ‘‘(III) informs the consumer, by any means, (a) MEMBERSHIP; TERM.—Section 2 of the graph (3) and not later than 30 days after the that the consumer may report the identity Internet False Identification Prevention Act date of receipt of proof of the identity of a theft to the Federal Trade Commission to of 2000 (18 U.S.C. 1028 note) is amended— consumer and an official copy of a police re- obtain consumer information regarding iden- (1) in subsection (b), by striking ‘‘and the port evidencing the claim of the consumer of tity theft. Commissioner of Immigration and Natu- identity theft, a consumer reporting agency ‘‘(ii) RESELLER WITH FILE.—The sole obliga- ralization’’ and inserting ‘‘the Commissioner shall block the reporting of any information tion of the consumer reporting agency under of Immigration and Naturalization, the identified by the consumer in the file of the this subsection, with regard to any request Chairman of the Federal Trade Commission, consumer resulting from the identity theft, of a consumer under this subsection, shall be the Postmaster General, and the Commis- so that the information cannot be reported. to block the consumer report maintained by sioner of the United States Customs Serv- ‘‘(2) NOTIFICATION.—A consumer reporting the consumer reporting agency from any ice,’’; and agency shall promptly notify the furnisher of subsequent use if— (2) in subsection (c), by striking ‘‘2 years information identified by the consumer ‘‘(I) the consumer, in accordance with the after the effective date of this Act.’’ and in- under paragraph (1)— provisions of paragraph (1), identifies, to a serting ‘‘on December 28, 2004.’’. ‘‘(A) that the information may be a result consumer reporting agency, information in (b) CONSULTATION.—Section 2 of the Inter- net False Identification Prevention Act of of identity theft; the file of the consumer that resulted from 2000 (18 U.S.C. 1028 note) is amended— ‘‘(B) that a police report has been filed; identity theft; (1) by redesignating subsection (d) as sub- ‘‘(C) that a block has been requested under ‘‘(II) the consumer reporting agency is act- section (e); and this subsection; and ing as a reseller of the identified information (2) by inserting after subsection (c) the fol- ‘‘(D) of the effective date of the block. by assembling or merging information about lowing: ‘‘(3) AUTHORITY TO DECLINE OR RESCIND.— that consumer which is contained in the database of not less than 1 other consumer ‘‘(d) CONSULTATION.—In discharging its du- ‘‘(A) IN GENERAL.—A consumer reporting ties, the coordinating committee shall con- agency may decline to block, or may rescind reporting agency; and ‘‘(III) the consumer reporting agency does sult with interested parties, including State any block, of consumer information under and local law enforcement agencies, State this subsection if— not store or maintain a database of information obtained for resale from which new con- attorneys general, representatives of busi- ‘‘(i) in the exercise of good faith and rea- ness entities (as that term is defined in sec- sumer reports are produced. sonable judgment, the consumer reporting tion 4 of the Identity Theft Victims Assist- ‘‘(iii) NOTICE.—In carrying out its obliga- agency finds that— ance Act of 2002), including telecommuni- tion under clause (ii), the consumer report- ‘‘(I) the information was blocked due to a cations and utility companies, and organiza- ing agency shall provide a notice to the con- misrepresentation of fact by the consumer tions representing consumers.’’. relevant to the request to block; or sumer of the decision to block the file. Such (c) REPORT DISTRIBUTION AND CONTENTS.— ‘‘(II) the consumer knowingly obtained notice shall contain the name, address, and Section 2(e) of the Internet False Identifica- possession of goods, services, or moneys as a telephone number of each consumer report- tion Prevention Act of 2000 (18 U.S.C. 1028 result of the blocked transaction or trans- ing agency from which the consumer infor- note) (as redesignated by subsection (b)) is actions, or the consumer should have known mation was obtained for resale.’’. amended— that the consumer obtained possession of (b) FALSE CLAIMS.—Section 1028 of title 18, (1) by striking paragraph (1) and inserting goods, services, or moneys as a result of the United States Code, is amended by adding at the following: blocked transaction or transactions; or the end the following: ‘‘(1) IN GENERAL.—The Attorney General ‘‘(ii) the consumer agrees that the blocked ‘‘(j) Any person who knowingly falsely and the Secretary of the Treasury, at the end information or portions of the blocked infor- claims to be a victim of identity theft for the of each year of the existence of the coordi- mation were blocked in error. purpose of obtaining the blocking of infor- nating committee, shall report on the activi- ‘‘(B) NOTIFICATION TO CONSUMER.—If the mation by a consumer reporting agency ties of the coordinating committee to— block of information is declined or rescinded under section 611(e)(1) of the Fair Credit Re- ‘‘(A) the Committee on the Judiciary of under this paragraph, the affected consumer porting Act (15 U.S.C. 1681i(e)(1)) shall be the Senate; shall be notified promptly, in the same man- fined under this title, imprisoned not more ‘‘(B) the Committee on the Judiciary of the ner as consumers are notified of the reinser- than 3 years, or both.’’. House of Representatives; tion of information under subsection (c) STATUTE OF LIMITATIONS.—Section 618 ‘‘(C) the Committee on Banking, Housing, (a)(5)(B). of the Fair Credit Reporting Act (15 U.S.C. and Urban Affairs of the Senate; and ‘‘(C) SIGNIFICANCE OF BLOCK.—For purposes 1681p) is amended to read as follows: ‘‘(D) the Committee on Financial Services of this paragraph, if a consumer reporting ‘‘SEC. 618. JURISDICTION OF COURTS; LIMITA- of the House of Representatives.’’; agency rescinds a block, the presence of in- TION ON ACTIONS. (2) in subparagraph (E), by striking ‘‘and’’ formation in the file of a consumer prior to ‘‘(a) IN GENERAL.—Except as provided in at the end; and the blocking of such information is not evi- subsections (b) and (c), an action to enforce (3) by striking subparagraph (F) and insert- dence of whether the consumer knew or any liability created under this title may be ing the following: should have known that the consumer brought in any appropriate United States ‘‘(F) a comprehensive description of Fed- obtained possession of any goods, services, or district court without regard to the amount eral assistance provided to State and local monies as a result of the block. in controversy, or in any other court of com- law enforcement agencies to address identity ‘‘(4) EXCEPTIONS.— petent jurisdiction, not later than 2 years theft;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.151 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11123 ‘‘(G) a comprehensive description of co- an agreement without fear of liability for de- agent shall have no obligation to any copy- ordination activities between Federal, State, viating from the fees and terms of the July right owner of sound recordings or any other and local law enforcement agencies that ad- 8 order, if it is clear that the agreement will person entitled to payment under this sec- dress identity theft; and not be admissible as evidence or otherwise tion in negotiating any such agreement, and ‘‘(H) recommendations in the discretion of taken into account in any government pro- no liability to any copyright owner of sound the President, if any, for legislative or ad- ceeding involving the setting or adjustment recordings or any other person entitled to ministrative changes that would— of the royalties payable to copyright owners payment under this section for having en- ‘‘(i) facilitate more effective investigation of sound recordings for the public perform- tered into such agreement. and prosecution of cases involving— ance or reproduction in ephemeral ‘‘(B) The Copyright Office shall cause to be ‘‘(I) identity theft; and phonorecords or copies of such works, the de- published in the Federal Register any agree- ‘‘(II) the creation and distribution of false termination of terms or conditions related ment entered into pursuant to subparagraph identification documents; thereto, or the establishment of notice or (A). Such publication shall include a state- ‘‘(ii) improve the effectiveness of Federal recordkeeping requirements. ment containing the substance of subpara- assistance to State and local law enforce- SEC. 3. SUSPENSION OF CERTAIN PAYMENTS. graph (C). Such agreements shall not be in- ment agencies and coordination between (a) NONCOMMERCIAL WEBCASTERS.— cluded in the Code of Federal Regulations. Federal, State, and local law enforcement (1) IN GENERAL.—The payments to be made Thereafter, the terms of such agreement agencies; and by noncommercial webcasters for the digital shall be available, as an option, to any small ‘‘(iii) simplify efforts by a person necessary performance of sound recordings under sec- commercial webcaster or noncommercial to rectify the harm that results from the tion 114 of title 17, United States Code, and webcaster meeting the eligibility conditions theft of the identity of such person.’’. the making of ephemeral phonorecords under of such agreement. section 112 of title 17, United States Code, SA 4955. Mr. REID (for Mr. HELMS ‘‘(C) Neither subparagraph (A) nor any pro- during the period beginning on October 28, visions of any agreement entered into pursu- (for himself and Mr. LEAHY)) proposed 1998, and ending on May 31, 2003, which have ant to subparagraph (A), including any rate an amendment to the bill H.R. 5469, To not already been paid, shall not be due until structure, fees, terms, conditions, or notice amend title 17, United States Code, June 20, 2003. and recordkeeping requirements set forth with respect to the statutory license (2) DEFINITION.—In this subsection, the therein, shall be admissible as evidence or for webcasting; as follows: term ‘‘noncommercial webcaster’’ has the otherwise taken into account in any admin- Strike all after the enacting clause and in- meaning given that term in section istrative, judicial, or other government pro- sert the following: 114(f)(5)(E)(i) of title 17, United States Code, ceeding involving the setting or adjustment SECTION 1. SHORT TITLE. as added by section 4 of this Act. of the royalties payable for the public per- This Act may be cited as the ‘‘Small (b) SMALL COMMERCIAL WEBCASTERS.— formance or reproduction in ephemeral Webcaster Settlement Act of 2002’’. (1) IN GENERAL.—The receiving agent may, phonorecords or copies of sound recordings, SEC. 2. FINDINGS. in a writing signed by an authorized rep- the determination of terms or conditions re- Congress finds the following: resentative thereof, delay the obligation of lated thereto, or the establishment of notice (1) Some small webcasters who did not par- any 1 or more small commercial webcasters or recordkeeping requirements by the Li- ticipate in the copyright arbitration royalty to make payments pursuant to sections 112 brarian of Congress under paragraph (4) or panel proceeding leading to the July 8, 2002 and 114 of title 17, United States Code, for a section 112(e)(4). It is the intent of Congress order of the Librarian of Congress estab- period determined by such entity to allow that any royalty rates, rate structure, defi- lishing rates and terms for certain digital negotiations as permitted in section 4 of this nitions, terms, conditions, or notice and rec- performances and ephemeral reproductions Act, except that any such period shall end no ordkeeping requirements, included in such of sound recordings, as provided in part 261 later than December 15, 2002. The duration agreements shall be considered as a com- of the Code of Federal Regulations and terms of any such delay shall be as set promise motivated by the unique business, (published in the Federal Register on July 8, forth in such writing. economic and political circumstances of 2002) (referred to in this section as ‘‘small (2) DEFINITIONS.—In this subsection— small webcasters, copyright owners, and per- webcasters’’), have expressed reservations (A) the term ‘‘webcaster’’ has the meaning formers rather than as matters that would about the fee structure set forth in such given that term in section 114(f)(5)(E)(iii) of have been negotiated in the marketplace be- order, and have expressed their desire for a title 17, United States Code, as added by sec- tween a willing buyer and a willing seller, or fee based on a percentage of revenue. tion 4 of this Act; and otherwise meet the objectives set forth in (2) Congress has strongly encouraged rep- (B) the term ‘‘receiving agent’’ shall have section 801(b). resentatives of copyright owners of sound re- the meaning given that term in section 261.2 ‘‘(D) Nothing in the Small Webcaster Set- cordings and representatives of the small of title 37, Code of Federal Regulations, as tlement Act of 2002 or any agreement en- webcasters to engage in negotiations to ar- published in the Federal Register on July 8, tered into pursuant to subparagraph (A) rive at an agreement that would include a 2002. shall be taken into account by the United fee based on a percentage of revenue. SEC. 4. AUTHORIZATION FOR SETTLEMENTS. States Court of Appeals for the District of (3) The representatives have arrived at an Section 114(f) of title 17, United States Columbia Circuit in its review of the deter- agreement that they can accept in the ex- Code, is amended by adding after paragraph mination by the Librarian of Congress of traordinary and unique circumstances here (4) the following: July 8, 2002, of rates and terms for the digital presented, specifically as to the small ‘‘(5)(A) Notwithstanding section 112(e) and performance of sound recordings and ephem- webcasters, their belief in their inability to the other provisions of this subsection, the eral recordings, pursuant to sections 112 and pay the fees due pursuant to the July 8 receiving agent may enter into agreements 114. order, and as to the copyright owners of for the reproduction and performance of ‘‘(E) As used in this paragraph— sound recordings and performers, the strong sound recordings under section 112(e) and ‘‘(i) the term ‘noncommercial webcaster’ encouragement of Congress to reach an ac- this section by any 1 or more small commer- means a webcaster that— commodation with the small webcasters on cial webcasters or noncommercial ‘‘(I) is exempt from taxation under section an expedited basis. webcasters during the period beginning on 501 of the Internal Revenue Code of 1986 (26 (4) The representatives have indicated that October 28, 1998, and ending on December 31, U.S.C. 501); they do not believe the agreement provides 2004, that, once published in the Federal Reg- ‘‘(II) has applied in good faith to the Inter- for or in any way approximates fair or rea- ister pursuant to subparagraph (B), shall be nal Revenue Service for exemption from tax- sonable royalty rates and terms, or rates and binding on all copyright owners of sound re- ation under section 501 of the Internal Rev- terms that would have been negotiated in cordings and other persons entitled to pay- enue Code and has a commercially reason- the marketplace between a willing buyer and ment under this section, in lieu of any deter- able expectation that such exemption shall a willing seller. mination by a copyright arbitration royalty be granted; or (5) Congress has made no determination as panel or decision by the Librarian of Con- ‘‘(III) is operated by a State or possession to whether the agreement provides for or in gress. Any such agreement for small com- or any governmental entity or subordinate any way approximates fair or reasonable fees mercial webcasters shall include provisions thereof, or by the United States or District and terms, or rates and terms that would for payment of royalties on the basis of a of Columbia, for exclusively public purposes; have been negotiated in the marketplace be- percentage of revenue or expenses, or both, ‘‘(ii) the term ‘receiving agent’ shall have tween a willing buyer and a willing seller. and include a minimum fee. Any such agree- the meaning given that term in section 261.2 (6) Congress likewise has made no deter- ment may include other terms and condi- of title 37, Code of Federal Regulations, as mination as to whether the July 8 order is tions, including requirements by which copy- published in the Federal Register on July 8, reasonable or arbitrary, and nothing in this right owners may receive notice of the use of 2002; and Act shall be taken into account by the their sound recordings and under which ‘‘(iii) the term ‘webcaster’ means a person United States Court of Appeals for the Dis- records of such use shall be kept and made or entity that has obtained a compulsory li- trict of Columbia Circuit in its review of available by small commercial webcasters or cense under section 112 or 114 and the imple- such order. noncommercial webcasters. The receiving menting regulations therefor to make eligi- (7) It is, nevertheless, in the public interest agent shall be under no obligation to nego- ble nonsubscription transmissions and for the parties to be able to enter into such tiate any such agreement. The receiving ephemeral recordings.

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‘‘(F) The authority to make settlements (c) DIRECT PAYMENT TO ARTISTS.—Section On page 47, line 6, insert ‘‘(including re- pursuant to subparagraph (A) shall expire 114(g)(2) of title 17, United States Code, is pairing homes damaged during military op- December 15, 2002, except with respect to amended to read as follows: erations)’’ after ‘‘housing’’. noncommercial webcasters for whom the au- ‘‘(2) An agent designated to distribute re- On page 48, line 11, insert ‘‘including reli- thority shall expire May 31, 2003.’’. ceipts from the licensing of transmissions in gious freedom,’’ after ‘‘awareness,’’. On page 48, line 16, insert ‘‘, including the SEC. 5. DEDUCTIBILITY OF COSTS AND EXPENSES accordance with subsection (f) shall dis- OF AGENTS AND DIRECT PAYMENT tribute such receipts as follows: recognition of religious freedom in the con- TO ARTISTS OF ROYALTIES FOR DIG- ‘‘(A) 50 percent of the receipts shall be paid stitution and other legal frameworks,’’ after ITAL PERFORMANCES OF SOUND RE- to the copyright owner of the exclusive right ‘‘Afghanistan’’. CORDINGS. under section 106(6) of this title to publicly On page 49, line 4, insert ‘‘, including reli- (a) FINDINGS.—Congress finds that— perform a sound recording by means of a dig- gious freedom, freedom of expression, and (1) in the case of royalty payments from ital audio transmission. freedom of association,’’ after ‘‘rights’’. On page 49, between lines 5 and 6, insert: the licensing of digital transmissions of ‘‘(B) 21⁄2 percent of the receipts shall be de- sound recordings under subsection (f) of sec- posited in an escrow account managed by an (x) support for Afghan and international tion 114 of title 17, United States Code, the independent administrator jointly appointed efforts to investigate human rights atroc- parties have voluntarily negotiated arrange- by copyright owners of sound recordings and ities committed in Afghanistan by the ments under which payments shall be made the American Federation of Musicians (or Taliban regime, opponents of such regime, directly to featured recording artists and the any successor entity) to be distributed to and terrorist groups operating in Afghani- administrators of the accounts provided in nonfeatured musicians (whether or not mem- stan, including the collection of forensic evi- subsection (g)(2) of that section; bers of the American Federation of Musi- dence relating to such atrocities; On page 49, line 6, strike ‘‘(x)’’ and insert (2) such voluntarily negotiated payment cians) who have performed on sound record- ‘‘(xi)’’. arrangements have been codified in regula- ings. On page 49, line 8, strike ‘‘(xi)’’ and insert tions issued by the Librarian of Congress, ‘‘(C) 21⁄2 percent of the receipts shall be de- ‘‘(xii)’’. posited in an escrow account managed by an currently found in section 261.4 of title 37, On page 49, line 12, strike ‘‘(xii)’’ and insert independent administrator jointly appointed Code of Federal Regulations, as published in ‘‘(xiii)’’. the Federal Register on July 8, 2002; by copyright owners of sound recordings and On page 49, line 14, strike ‘‘(xiii)’’ and in- (3) other regulations issued by the Librar- the American Federation of Television and sert ‘‘(xiv)’’. ian of Congress were inconsistent with the Radio Artists (or any successor entity) to be On page 49, line 21, strike ‘‘not less than’’. voluntarily negotiated arrangements by such distributed to nonfeatured vocalists On page 49, beginning on line 21, strike ‘‘of parties concerning the deductibility of cer- (whether or not members of the American the’’ and all that follows through ‘‘should’’ tain costs incurred for licensing and arbitra- Federation of Television and Radio Artists) on line 22 and insert ‘‘is authorized to be ap- tion, and Congress is therefore restoring who have performed on sound recordings. propriated to the President to’’. those terms as originally negotiated among ‘‘(D) 45 percent of the receipts shall be On page 50, line 23, strike ‘‘and’’. the parties; and paid, on a per sound recording basis, to the On page 50, after line 23, insert the fol- (4) in light of the special circumstances de- recording artist or artists featured on such lowing: scribed in this subsection, the uncertainty sound recording (or the persons conveying (E) develop handicraft and other small- created by the regulations issued by the Li- rights in the artists’ performance in the scale industries; and brarian of Congress, and the fact that all of sound recordings).’’. On page 51, line 1, strike ‘‘(E)’’ and insert the interested parties have reached agree- SEC. 6. REPORT TO CONGRESS. ‘‘(F)’’. ment, the voluntarily negotiated arrange- By not later than June 1, 2004, the Comp- On page 53, line 2, insert ‘‘, including the ments agreed to among the parties are being troller General of the United States, in con- rights of religious freedom, freedom of ex- codified. sultation with the Register of Copyrights, pression, and freedom of association,’’ after (b) DEDUCTIBILITY.—Section 114(g) of title shall conduct and submit to the Committee ‘‘rights’’. 17, United States Code, is amended by adding on the Judiciary of the House of Representa- On page 53, line 8, insert ‘‘, including the after paragraph (2) the following: tives and the Committee on the Judiciary of rights of religious freedom, freedom of ex- ‘‘(3) A nonprofit agent designated to dis- the Senate a study concerning the economic pression, and freedom of association,’’ after tribute receipts from the licensing of trans- arrangements among small commercial ‘‘human rights’’. On page 53, line 12, strike ‘‘2002 through missions in accordance with subsection (f) webcasters covered by agreements entered 2005’’ and insert ‘‘2003 through 2006’’. may deduct from any of its receipts, prior to into pursuant to section 114(f)(5)(A) of title On page 53, beginning on line 13, strike the distribution of such receipts to any per- 17, United States Code, as added by section 4 ‘‘of’’ and all that follows through son or entity entitled thereto other than of this Act, and third parties, and the effect ‘‘authorized’’ on line 15 and insert ‘‘is au- copyright owners and performers who have of those arrangements on royalty fees pay- thorized to be appropriated to the Presi- elected to receive royalties from another able on a percentage of revenue or expense basis. dent’’. designated agent and have notified such non- On page 53, beginning on line 18, strike profit agent in writing of such election, the ‘‘of’’ and all that follows through reasonable costs of such agent incurred after SA 4956. Mr. REID (for Mr. HAGEL (for himself, Mr. BIDEN, and Mr. ‘‘authorized’’ on line 20 and insert ‘‘is au- November 1, 1995, in— thorized to be appropriated to the Presi- HELMS)) proposed an amendment to the ‘‘(A) the administration of the collection, dent’’. distribution, and calculation of the royal- bill S. 2712, to authorize economic and On page 54, line 12, insert ‘‘that respects ties; democratic development assistance for human rights’’ after ‘‘Afghanistan’’. ‘‘(B) the settlement of disputes relating to Afghanistan and to authorize military On page 55, beginning on line 5, strike ‘‘for the collection and calculation of the royal- assistance for Afghanistan and certain fiscal year’’ and all that follows through ties; and other foreign countries; as follows: ‘‘2005’’ on lines 7. ‘‘(C) the licensing and enforcement of On page 55, line 17, strike ‘‘sec. 105.’’ and in- rights with respect to the making of ephem- On page 39, line 20, strike ‘‘and’’. On page 39, line 24, strike the period and sert ‘‘sec. 104.’’. eral recordings and performances subject to On page 56, between lines 14 and 15, insert licensing under section 112 and this section, insert ‘‘; and’’. On page 39, after line 24, insert the fol- the following: including those incurred in participating in lowing: SEC. 105. SENSE OF CONGRESS REGARDING PRO- negotiations or arbitration proceedings (9) Foster the growth of a pluralistic soci- MOTING COOPERATION IN OPIUM under section 112 and this section, except PRODUCING AREAS. ety that promotes and respects religious that all costs incurred relating to the sec- It is the sense of Congress that the Presi- freedom. tion 112 ephemeral recordings right may only Beginning on page 40, strike line 1 and all dent should— be deducted from the royalties received pur- that follows through line 15 on page 41. (1) to the extent practicable, under such suant to section 112. On page 41, line 16, strike ‘‘sec. 104.’’ and procedures as the President may prescribe, ‘‘(4) Notwithstanding paragraph (3), any insert ‘‘sec. 1035.’’. Starting on line 17, strike withhold United States bilateral assistance designated agent designated to distribute re- ‘‘any other provision of law,’’ and insert from, and oppose multilateral assistance to, ceipts from the licensing of transmissions in ‘‘section 512 of P.L. 107–115 or any other simi- opium-producing areas of Afghanistan if, accordance with subsection (f) may deduct lar provision of law.’’ within such areas, appropriate cooperation is from any of its receipts, prior to the dis- On page 42, line 7, insert ‘‘and other not provided to the United States, the Gov- tribution of such receipts, the reasonable unexploded ordinance’’ after ‘‘landmines’’. ernment of Afghanistan, and international costs identified in paragraph (3) of such On page 44, lines 24 and 25, strike ‘‘2002 organizations with respect to the suppres- agent incurred after November 1, 1995, with through 2005’’ and insert ‘‘2003 through 2006’’. sion of narcotics cultivation and trafficking, respect to such copyright owners and per- Beginning on page 44, line 25, strike ‘‘of the and if withholding such assistance would formers who have entered with such agent a amount’’ and all that follows through promote such cooperation; contractual relationship that specifies that ‘‘authorized’’ on line 1 of page 45 and insert (2) redistribute any United States bilateral such costs may be deducted from such roy- ‘‘is authorized to be appropriated to the assistance (and to promote the redistribu- alty receipts.’’. President’’. tion of any multilateral assistance) withheld

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.155 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11125 from an opium-producing area to other areas and on the same day a member of Kandahar submit to the congressional committees with respect to which assistance has not Governor Sherzai’s security team attempted specified in paragraph (1) a report on the im- been withheld as a consequence of this sec- to assassinate President Karzai. plementation of the strategies for meeting tion; and (6) The violence and lawlessness may jeop- the immediate and long-term security needs (3) define or redefine the boundaries of ardize the ‘‘Loya Jirga’’ process, undermine of Afghanistan, which shall include the fol- opium producing areas of Afghanistan for efforts to build a strong central government, lowing elements— the purposes of this section. severely impede reconstruction and the de- (A) since the previous report, the progress On page 57, line 14, strike ‘‘LAND GRANT’’. livery of humanitarian assistance, and in- in recruiting, training, and deploying an Af- On page 57, line 22, strike ‘‘land grant’’. crease the likelihood that parts of Afghani- ghan National Army and police force, includ- On page 58, beginning with line 1, strike stan will once again become safe havens for ing the numbers and ethnic composition of ‘‘Amounts’’ and all that follows through the al-Qaida, Taliban forces, and drug traf- recruits; the number of graduates from mili- period on line 5 and insert the following: ‘‘Of fickers. tary and police training; the numbers of the funds made available to carry out the (7) The lack of security and lawlessness graduates retained by the Afghan National purposes of assistance authorized by this may also perpetuate the need for United Army and police forces since the previous re- title in any fiscal year, up to 7 percent may States Armed Forces in Afghanistan and port; the numbers of graduates operationally be used for administrative expenses of Fed- threaten the ability of the United States to deployed and to which areas of the country; eral departments and agencies in connection meet its military objectives. the degree to which these graduates are as- with the provision of such assistance.’’. (8) The International Security Assistance suming security responsibilities; whether Af- Force in Afghanistan, currently led by Tur- On page 58, line 11, strike ‘‘(A) IN GEN- ghan army and police units are establishing key, and composed of forces from other will- ERAL.—’’. effective central governmental authority ing countries without the participation of On page 58, strike lines 17 through 20. over areas of the country, and which areas; United States Armed Forces, is deployed On page 59, line 8, strike ‘‘$500,000,000’’ and and the numbers of instances of armed at- only in Kabul and currently does not have insert ‘‘$425,000,000’’. tacks against Afghan central governmental On page 59, line 9, strike ‘‘2002 through the mandate or the capacity to provide secu- officials, United States or international offi- 2005’’ and insert ‘‘2003 through 2006’’. rity to other parts of Afghanistan. cials, troops or aid workers, or between the On page 61, line 20, insert ‘‘and shall not (9) Due to the ongoing military campaign armed forces of regional leaders; count toward any limitation contained in in Afghanistan, the United States does not (B) the degree to which armed regional section 506 of the Foreign Assistance Act of contribute troops to the International Secu- leaders are cooperating and integrating with 1961 (22 U.S.C. 2318)’’ after section 204(b)(1)’’. rity Assistance Force but has provided sup- On page 61, strike line 23. port to other countries that are doing so. the central government, providing security and order within their regions of influence, On page 61, line 24, strike ‘‘(1) IN GEN- (10) The United States is providing polit- engaging in armed conflict or other forms of ERAL.—’’ and insert ‘‘(a) IN GENERAL.—’’. ical, financial, training, and other assistance On page 61, lines 24 and 25, strike to the Afghan Interim Authority as it begins competition that are deleterious to peace, ‘‘paragraph (2)’’ and insert ‘‘subsection (b)’’. to build a national army and police force to security, and the integration of a unified Af- On page 62, line 3, strike ‘‘(A)’’ and insert help provide security throughout Afghani- ghanistan under the central government; ‘‘(1)’’. stan, but this effort is not meeting the im- (C) the amount of humanitarian relief pro- On page 62, line 8, strike ‘‘(B)’’ and insert mediate security needs of Afghanistan. vided since the previous report to returnees, ‘‘(2)’’. (11) Because of these immediate security isolated populations and other vulnerable On page 62, line 10, strike ‘‘(2)’’ and insert needs, the Government of Afghanistan, its groups, as well as demining assistance and ‘‘(b)’’. President, Hamid Karzai, and many Afghan landmine survivors rehabilitation; and the On page 62, line 12, after ‘‘repeatedly,’’ in- regional leaders have called for the Inter- numbers of such persons not assisted since sert ‘‘engaged in gross violations of human national Security Assistance Force, which the previous report; rights, or’’ has successfully brought stability to Kabul, (D) the steps taken since the previous re- On page 62, strike lines 19 through 22. to be expanded and deployed throughout the port toward national reconstruction, includ- On page 63, lines 15 and 16, strike ‘‘are au- country, and this request has been strongly ing establishment of the ministries and thorized to remain available until expended, supported by a wide range of international other institutions of the Government of Af- and’’. humanitarian organizations, including the ghanistan; Beginning on page 64, strike line 9 and all International Committee of the Red Cross, (E) the numbers of Civil Affairs Teams that follows through line 22 on page 68 and Catholic Relief Services, and Refugees Inter- working with regional leaders, as well as the insert the following: national. quick impact infrastructure projects under- SEC. 206. PROMOTING SECURE DELIVERY OF HU- (b) STATEMENT OF POLICY.—It should be the taken by such teams since the previous re- MANITARIAN AND OTHER ASSIST- policy of the United States to support meas- port; ANCE IN AFGHANISTAN AND EXPAN- ures to help meet the immediate security (F) efforts undertaken since the previous SION OF THE INTERNATIONAL SECU- needs of Afghanistan in order to promote report to rebuild the justice sector, including RITY ASSISTANCE FORCE. safe and effective delivery of humanitarian the establishment of a functioning judiciary, (a) FINDINGS.—Congress finds the fol- and other assistance throughout Afghani- a competent bar, reintegration of women lowing: stan, further the rule of law and civil order, legal professionals and a reliable penal sys- (1) The President has declared his view and support the formation of a functioning, tem, and the respect for human rights; and that the United States should provide sig- representative Afghan national government. (G) a description of the progress of the nificant assistance to Afghanistan so that it (c) IMPLEMENTATION OF STRATEGY.— Government of Afghanistan with respect to is no longer a haven for terrorism. (1) INITIAL REPORT.—Not later than 60 days the matters described in paragraph (1)(B). (2) The delivery of humanitarian and re- after the date of the enactment of this Act, construction assistance from the inter- the President shall provide the Committee (d) EXPANSION OF THE INTERNATIONAL SECU- national community is necessary for the safe on International Relations and the Com- RITY ASSISTANCE FORCE.— return of refugees and is critical to the fu- mittee on Appropriations of the House of (1) SENSE OF CONGRESS.—Congress urges the ture stability of Afghanistan. Representatives and the Committee on For- President, in order to fulfill the objective of (3) Enhanced stability in Afghanistan eign Relations and the Committee on Appro- establishing security in Afghanistan, to take through an improved security environment priations of the Senate with— all appropriate measures to assist Afghani- is critical to the functioning of the Govern- (A) a strategy for meeting the immediate stan establish a secure environment ment of Afghanistan and the traditional Af- and long-term security needs of Afghanistan throughout the country, including by— ghan assembly or ‘‘Loya Jirga’’ process, in order to promote safe and effective deliv- (A) sponsoring in the United Nations Secu- which is intended to lead to a permanent na- ery of humanitarian and other assistance rity Council a resolution authorizing an ex- tional government in Afghanistan, and also throughout Afghanistan, further the rule of pansion of the International Security Assist- is essential for the participation of women in law and civil order, and support the forma- ance Force, or the establishment of a similar Afghan society. tion of a functioning, representative Afghan security force; and (4) Incidents of violence between armed national government, including an update to (B) enlisting the European and other allies factions and local and regional commanders, the strategies submitted pursuant to Public of the United States to provide forces for an and serious abuses of human rights, includ- Law 107–206; and expansion of the International Security As- ing attacks on women and ethnic minorities (B) a description of the progress of the sistance Force in Afghanistan, or the estab- throughout Afghanistan, create an insecure, Government of Afghanistan toward the lishment of a similar security force. volatile, and unsafe environment in parts of eradication of poppy cultivation, the disrup- (2) AUTHORIZATION OF APPROPRIATIONS.—(A) Afghanistan, displacing thousands of Afghan tion of heroin production, and the reduction There is authorized to be appropriated to the civilians from their local communities. of the overall supply and demand for illicit President $500,000,000 for each of fiscal years (5)(A) On July 6, Vice President Haji Abdul narcotics in Afghanistan in accordance with 2003 and 2004 to support the International Se- Qadir was assassinated in Kabul by unknown the provisions of this Act. curity Assistance Force or the establishment assailants. (2) IMPLEMENTATION OF STRATEGY.—Every 6 of a similar security force. (B) On September 5, 2002, a car bomb ex- months after the enactment of this Act (B) Amounts made available under sub- ploded in Kabul killing 32 and injuring 150 through January 1, 2007, the President shall paragraph (A) may be appropriated pursuant

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.156 S14PT2 S11126 CONGRESSIONAL RECORD — SENATE November 14, 2002 to chapter 4 of part II of the Foreign Assist- ports shall be submitted every 180 days mission or a bureau or division thereof act- ance Act of 1961, section 551 of such Act, or thereafter through December 31, 2004. ing on delegated authority. section 23 of the Arms Export Control Act. (2) FURTHER REQUIREMENTS.—Each report, (3) WINNING BIDDER.—The term ‘‘winning (C) Funds appropriated pursuant to sub- which shall be unclassified and posted upon bidder’’ means any person who is entitled paragraph (A) shall be subject to the notifi- the Department of State’s Internet website, under Commission order FCC 02–99 (released cation requirements under section 634A of shall include, by donor country, the total March 27, 2002), to a refund of a substantial the Foreign Assistance Act of 1961. amount pledged, the amount delivered with- portion of monies on deposit for spectrum On page 63, line 24, insert ‘‘and the Com- in the previous 60 days, the total amount of formerly licensed to NextWave and Urban mittee on Appropriations’’ after assistance delivered, the type of assistance Comm as defined in that order. ‘‘Relations’’. and type of projects supported by the assist- On page 63, line 25, insert ‘‘and the Com- ance. SA 4958. Mr. REID (for Mr. KENNEDY mittee on Appropriations’’ after (for himself, Mr. GREGG, Mr. HOLLINGS, ‘‘Relations’’. SA 4957. Mr. REID (for Mr. KERRY and Mr. FRIST)) proposed an amend- On page 69, line 5, strike ‘‘any other provi- (for himself, Mr. BROWNBACK, and Mr. ment to the bill H.R. 4664, An act to au- sion of law’’ and insert ‘‘section 512 of Public HOLLINGS)) proposed an amendment to thorize appropriations for fiscal years Law 107–115 or any similar provision of law’’. the bill S. 2869, to facilitate the ability 2003, 2004, 2005, 2006, and 2007 for the Na- Beginning on page 69, strike line 6 and all of certain spectrum auction winners to that follows through line 4 on page 70. tional Science Foundation, and for On page 70, line 5, strike ‘‘sec. 209.’’ and in- pursue alternative measures required other purposes; as follows: sert ‘‘ sec. 208.’’ in the public interest to meet the needs Strike all after the enacting clause and in- On page 70, line 7, strike ‘‘2005’’ and insert of wireless telecommunications con- sert the following: ‘‘2006’’. sumers; as follows: SECTION 1. SHORT TITLE. On page 70, after line 7, add the following: SECTION 1. RELIEF FROM CONTINUING OBLIGA- This Act may be cited as the ‘‘National TITLE III—MISCELLANEOUS PROVISIONS TIONS. Science Foundation Authorization Act of 2002’’. SEC. 301. REQUIREMENT TO COMPLY WITH PRO- A winner bidder to which the Commission CEDURES RELATING TO THE PROHI- has not granted an Auction 35 license may SEC. 2. FINDINGS. BITION ON ASSISTANCE TO DRUG irrevocably elect to relinquish any right, Congress finds the following: TRAFFICKERS. title, or interest in that license and the asso- (1) The National Science Foundation has Assistance provided under this Act shall be ciated license application by formal written made major contributions for more than 50 subject to the same provisions as are appli- notice to the Commission. Such an election years to strengthen and sustain the Nation’s cable to assistance under the Foreign Assist- may only be made within 30 days after the academic research enterprise that is the ance Act of 1961 and the Arms Export Con- date of enactment of this Act. A winning bid- envy of the world. trol Act under section 487 of the Foreign As- der that makes such an election shall be free (2) The economic strength and national se- sistance Act of 1961 (relating to the prohibi- of any obligation the winning bidder would curity of the United States and the quality tion on assistance to drug traffickers; 22 otherwise have with respect to that license, of life of all Americans are grounded in the U.S.C. 2291f), and the applicable regulations the associated license application, and the Nation’s scientific and technological capa- issued under that section. associated winning bid, including the obliga- bilities. SEC. 302. SENSE OF CONGRESS REGARDING PRO- tion to pay the amount of its winning bid (3) The National Science Foundation car- TECTING AFGHANISTAN’S PRESI- that would be otherwise due for such license. ries out important functions in supporting DENT. SEC. 2. RETURN OF DEPOSITS AND basic research in all science and engineering It is the sense of Congress that— DOWNPAYMENTS. disciplines and in supporting science, mathe- (1) any United States physical protection Within 37 days after receiving an election matics, engineering, and technology edu- force provided for the personal security of that meets the requirements of section 3 cation at all levels. the President of Afghanistan should be com- from an Auction 35 winning bidder that has (4) The research and education activities of posed of United States diplomatic security, made the election described in section 1, the the National Science Foundation promote law-enforcement, or military personnel, and Commission shall refund any deposit or the discovery, integration, dissemination, should not utilize private contracted per- down-payment made with respect to a win- and application of new knowledge in service sonnel to provide actual physical protection ning bidder for the license that is the subject to society and prepare future generations of services; of the election. scientists, mathematicians, and engineers (2) United States allies should be invited to SEC. 3. COMMISSION TO ISSUE PUBLIC NOTICE. who will be necessary to ensure America’s volunteer active-duty military or law en- (a) PUBLIC NOTICE.—Within 5 days after the leadership in the global marketplace. forcement personnel to participate in such a date of enactment of this Act, the Commis- (5) The National Science Foundation must protection forces; and sion shall issue a public notice specifying the be provided with sufficient resources to en- (3) such a protection force should be lim- form and the process for the return of depos- able it to carry out its responsibilities to de- ited in duration and should be succeeded by its and downpayments under section 2. velop intellectual capital, strengthen the qualified Afghan security forces as soon as (b) TIME FOR ELECTION.—An election under scientific infrastructure, integrate research practicable. this section is not valid unless it is made and education, enhance the delivery of math- SEC. 303. DONOR CONTRIBUTIONS TO AFGHANI- within 30 days after the date of enactment of ematics and science education in the United STAN AND REPORTS. this Act. States, and improve the technological lit- (a) FINDINGS.—The Congress finds that in- SEC. 4. WAIVER OF PAPERWORK REDUCTION ACT eracy of all people in the United States. adequate amounts of international assist- REQUIREMENTS. (6) The emerging global economic, sci- ance promised by donor states at the Tokyo Section 3507 of title 44, United States Code, entific, and technical environment chal- donors conference and elsewhere have been shall not apply to the Commission’s imple- lenges long-standing assumptions about do- delivered to Afghanistan, imperiling the re- mentation of this Act. mestic and international policy, requiring building and development of civil society SEC. 5. NO INFERENCE WITH RESPECT TO the National Science Foundation to play a and infrastructure, and endangering peace NEXTWAVE CASE. more proactive role in sustaining the com- and security in that war-torn country. It is the sense of the Congress that no in- petitive advantage of the United States (b) SENSE OF CONGRESS.—It is the sense of ference with respect to any issue of law or through superior research capabilities. Congress that the United States should use fact in Federal Communications Commission (7) Commercial application of the results all appropriate diplomatic means to encour- v. NextWAVE Personal Communications, of Federal investment in basic and com- age all states that have pledged assistance to Inc., et al. (Supreme Court Docket No. 01– puting science is consistent with long- Afghanistan to deliver as soon as possible 653) should be drawn from the introduction, standing United States technology transfer the total amount of assistance pledged. amendment, defeat, or enactment of this policy and is a critical national priority, par- (c) REPORTS.— Act. ticularly with regard to cybersecurity and (1) IN GENERAL.—The Secretary of State SEC. 6. DEFINITIONS. other homeland security applications, be- shall submit reports to the Committee on In this Act: cause of the urgent needs of commercial, Foreign Relations and the Committee on Ap- (1) AUCTION 35.—The term ‘‘Auction 35’’ academic, and individual users as well as the propriations of the Senate and the Com- means the C and F block broadband personal Federal and State Governments. mittee on International Relations and the communications service spectrum auction of SEC. 3. POLICY OBJECTIVES. Committee on Appropriations of the House the Commission that began on December 1, In allocating resources made available of Representatives, in accordance with this 2000, and ended on January 6, 2001, insofar as under section 5, the Foundation shall have paragraph, on the status of contributions of that auction related to spectrum previously the following policy objectives: assistance from donor states to Afghanistan. licensed to NextWave Personal Communica- (1) To strengthen the Nation’s lead in The first report shall be submitted not later tions, Inc., NextWave Power Partners, Inc., science and technology by— than 60 days after the date of enactment of or Urban Comm North Carolina, Inc. (A) increasing the national investment in this Act, the second report shall be sub- (2) COMMISSION.—The term ‘‘Commission’’ general scientific research and increasing in- mitted 90 days thereafter, and subsequent re- means the Federal Communications Com- vestment in strategic areas;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.156 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11127

(B) balancing the Nation’s research port- eligible for participation in the free and re- (1) IN GENERAL.—There are authorized to be folio among the life sciences, mathematics, duced price lunch program established by the appropriated to the Foundation $5,536,390,000 the physical sciences, computer and informa- Richard B. Russell National School Lunch for fiscal year 2003. tion science, geoscience, engineering, and so- Act (42 U.S.C. 1751 et seq.). (2) SPECIFIC ALLOCATIONS.—Of the amount cial, behavioral, and economic sciences, all (B) It has at least one school in which— authorized under paragraph (1)— of which are important for the continued de- (i) more than 34 percent of the academic (A) $4,155,690,000 shall be made available to velopment of enabling technologies nec- classroom teachers at the secondary level carry out research and related activities, of essary for sustained international competi- (across all academic subjects) do not have an which $704,000,000 shall be for information tiveness; undergraduate degree with a major or minor technology research described in paragraph (C) expanding the pool of scientists and en- in, or a graduate degree in, the academic (1) of section 8 and $301,000,000 shall be for gineers in the United States; field in which they teach the largest percent- nanoscale science and engineering described (D) modernizing the Nation’s research in- age of their classes; or in paragraph (2) of section 8; frastructure; and (ii) more than 34 percent of the teachers in (B) $1,006,250,000 shall be made available for (E) establishing and maintaining coopera- two of the academic departments do not education and human resources, of which— tive international relationships with premier have an undergraduate degree with a major (i) $200,000,000 shall be for mathematics and research institutions, with the goal of such or minor in, or a graduate degree in, the aca- science education partnerships described in relationships being the exchange of per- demic field in which they teach the largest section 9; sonnel, data, and information in an effort to percentage of their classes. (ii) $20,000,000 shall be for the Robert Noyce alleviate problems common to the global (C) It has at least one school whose teacher Scholarship Program described in section 10; community. attrition rate has been 15 percent or more and (2) To increase overall workforce skills over the last three school years. (iii) $25,000,000 shall be for the science, by— (9) INSTITUTION OF HIGHER EDUCATION.—The mathematics, engineering, and technology (A) improving the quality of mathematics term ‘‘institution of higher education’’ has talent expansion program described in para- and science education, particularly in kin- the meaning given such term in section graph (7) of section 8; dergarten through grade 12; 101(a) of the Higher Education Act of 1965 (20 (C) $172,050,000 shall be made available for (B) promoting access to information tech- U.S.C. 1001(a)). major research equipment and facilities con- nology for all students; (10) LOCAL EDUCATIONAL AGENCY.—The term struction; (C) raising postsecondary enrollment rates ‘‘local educational agency’’ has the meaning (D) $191,200,000 shall be made available for in science, mathematics, engineering, and given such term by section 9101(26) of the El- salaries and expenses; technology disciplines for individuals identi- ementary and Secondary Education Act of (E) $3,500,000 shall be made available for fied in section 33 or 34 of the Science and En- 1965 (20 U.S.C. 7801(26)). the Office of the National Science Board, in- gineering Equal Opportunities Act (42 U.S.C. (11) MASTER TEACHER.—The term ‘‘master cluding salaries and compensation for mem- 1885a or 1885b); teacher’’ means a mathematics or science bers of the Board and staff appointed under (D) increasing access to higher education teacher who works to improve the instruc- section 4 of the National Science Foundation in science, mathematics, engineering, and tion of mathematics or science in kinder- Act of 1950 (42 U.S.C. 1863), travel and train- garten through grade 12 through— ing costs for members of the Board and such technology fields for students from low-in- (A) participating in the development or re- staff, general and Board operating expenses, come households; and vision of science, mathematics, engineering, representational expenses for the Board, (E) expanding science, mathematics, engi- or technology curricula; honorary awards made by the Board, Board neering, and technology training opportuni- (B) serving as a mentor to mathematics or reports (other than the report entitled ties at institutions of higher education. science teachers; ‘‘Science and Engineering Indicators’’), and (3) To strengthen innovation by expanding (C) coordinating and assisting teachers in contracts; and the focus of competitiveness and innovation the use of hands-on inquiry materials, equip- (F) $7,700,000 shall be made available for policy at the regional and local level. ment, and supplies, and when appropriate, the Office of Inspector General. SEC. 4. DEFINITIONS. supervising acquisition and repair of such (b) FISCAL YEAR 2004.— In this Act: materials; (1) IN GENERAL.—There are authorized to be (1) ACADEMIC UNIT.—The term ‘‘academic (D) providing in-classroom teaching assist- appropriated to the Foundation $6,390,832,000 unit’’ means a department, division, insti- ance to mathematics or science teachers; for fiscal year 2004. tute, school, college, or other subcomponent and (2) SPECIFIC ALLOCATIONS.—Of the amount of an institution of higher education. (E) providing professional development, in- authorized under paragraph (1)— (2) BOARD.—The term ‘‘Board’’ means the cluding for the purposes of training other (A) $4,799,822,000 shall be made available to National Science Board established under master teachers, to mathematics and science carry out research and related activities, of section 2 of the National Science Foundation teachers. which $774,000,000 shall be for information Act of 1950 (42 U.S.C. 1861). (12) NATIONAL RESEARCH FACILITY.—The technology research described in paragraph (3) COMMUNITY COLLEGE.—The term term ‘‘national research facility’’ means a (1) of section 8 and $350,000,000 shall be for ‘‘community college’’ has the meaning given research facility funded by the Foundation nanoscale science and engineering described such term in section 3301(3) of the Elemen- which is available, subject to appropriate in paragraph (2) of section 8; tary and Secondary Education Act of 1965 (20 policies allocating access, for use by all sci- (B) $1,157,188,000 shall be made available for U.S.C. 7011(3)). entists and engineers affiliated with research education and human resources, of which— (4) DIRECTOR.—The term ‘‘Director’’ means institutions located in the United States. (i) $300,000,000 shall be for mathematics and the Director of the National Science Founda- (13) SECONDARY SCHOOL.—The term science education partnerships described in tion established under section 2 of the Na- ‘‘secondary school’’ has the meaning given section 9; tional Science Foundation Act of 1950 (42 that term by section 9101(38) of the Elemen- (ii) $20,000,000 shall be for the Robert Noyce U.S.C. 1861). tary and Secondary Education Act of 1965 (20 Scholarship Program described in section 10; (5) ELEMENTARY SCHOOL.—The term U.S.C. 7801(38)). and ‘‘elementary school’’ has the meaning given (14) STATE.—Except with respect to the Ex- (iii) $30,000,000 shall be for the science, that term by section 9101(18) of the Elemen- perimental Program to Stimulate Competi- mathematics, engineering, and technology tary and Secondary Education Act of 1965 (20 tive Research, the term ‘‘State’’ means one talent expansion program described in para- U.S.C. 7801(18)). of the several States, the District of Colum- graph (7) of section 8; (6) ELIGIBLE NONPROFIT ORGANIZATION.—The bia, the Commonwealth of Puerto Rico, the (C) $211,182,000 shall be made available for term ‘‘eligible nonprofit organization’’ Virgin Islands, Guam, American Samoa, the major research equipment and facilities con- means a nonprofit research institute, or a Commonwealth of the Northern Mariana Is- struction; nonprofit professional association, with dem- lands, or any other territory or possession of (D) $210,320,000 shall be made available for onstrated experience and effectiveness in the United States. salaries and expenses; mathematics or science education as deter- (15) STATE EDUCATIONAL AGENCY.—The term (E) $3,850,000 shall be made available for mined by the Director. ‘‘State educational agency’’ has the meaning the Office of the National Science Board for (7) FOUNDATION.—The term ‘‘Foundation’’ given such term by section 9101(41) of the El- the purposes described in subsection means the National Science Foundation es- ementary and Secondary Education Act of (a)(2)(E); and tablished under section 2 of the National 1965 (20 U.S.C. 7801(41)). (F) $8,470,000 shall be made available for Science Foundation Act of 1950 (42 U.S.C. (16) UNITED STATES.—The term ‘‘United the Office of Inspector General. 1861). States’’ means the several States, the Dis- (c) FISCAL YEAR 2005.— (8) HIGH-NEED LOCAL EDUCATIONAL AGEN- trict of Columbia, the Commonwealth of (1) IN GENERAL.—There are authorized to be CY.—The term ‘‘high-need local educational Puerto Rico, the Virgin Islands, Guam, appropriated to the Foundation $7,378,343,000 agency’’ means a local educational agency American Samoa, the Commonwealth of the for fiscal year 2005. that meets one or more of the following cri- Northern Mariana Islands, and any other ter- (2) SPECIFIC ALLOCATIONS.—Of the amount teria: ritory or possession of the United States. authorized under paragraph (1)— (A) It has at least one school in which 50 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (A) $5,543,794,000 shall be made available to percent or more of the enrolled students are (a) FISCAL YEAR 2003.— carry out research and related activities;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 S11128 CONGRESSIONAL RECORD — SENATE November 14, 2002 (B) $1,330,766,000 shall be made available to Science, and Transportation, the Committee Competitive, merit-based awards for centers carry out education and human resources, of on Health, Education, Labor, and Pensions, under this subparagraph shall be to con- which— and the Committee on Appropriations of the sortia of institutions of higher education or (i) $400,000,000 shall be for mathematics and Senate, a plan for the allocation of funds au- nonprofit organizations. The Director shall, science education partnerships described in thorized by this Act for the corresponding to the extent practicable, ensure that re- section 9; fiscal year. The portion of the plan per- search centers established under this sub- (ii) $20,000,000 shall be for the Robert Noyce taining to Research and Related Activities paragraph collectively examine as many dif- Scholarship Program described in section 10; shall include a description of how the alloca- ferent agricultural environments as possible, and tion of funding— enhance the excellence of existing Founda- (iii) $35,000,000 shall be for the science, (1) will affect the average size and duration tion programs, and focus on plants of eco- mathematics, engineering, and technology of research grants supported by the Founda- nomic importance. talent expansion program described in para- tion by field of science, mathematics, and (C) Research partnerships to focus on— graph (7) of section 8; engineering; (i) basic genomic research on crops grown (C) $258,879,000 shall be made available for (2) will affect trends in research support in the developing world; major research equipment and facilities con- for major fields and subfields of science, (ii) basic plant genome research that will struction; mathematics, and engineering, including for advance and expedite the development of im- (D) $231,337,000 shall be made available for emerging multidisciplinary research areas; proved cultivars, including those that are salaries and expenses; and pest-resistant, produce increased yield, re- (E) $4,250,000 shall be made available for (3) is designed to achieve an appropriate duce the need for fertilizers, herbicides, or the Office of the National Science Board for balance among major fields and subfields of pesticides, or have increased tolerance to the purposes described in subsection science, mathematics, and engineering. stress; (a)(2)(E); and SEC. 8. SPECIFIC PROGRAM AUTHORIZATIONS. (iii) basic research that could lead to the (F) $9,317,000 shall be made available for From amounts authorized to be appro- development of technologies to produce the Office of Inspector General. priated under section 5, the Director shall pharmaceutical compounds such as vaccines (d) FISCAL YEAR 2006.—There are author- carry out the Foundation’s research and edu- and medications in plants that can be grown ized to be appropriated to the Foundation cation programs, including the following ini- in the developing world; and $8,519,776,000 for fiscal year 2006. tiatives in accordance with this section: (iv) research on the impact of plant bio- (e) FISCAL YEAR 2007.—There are author- (1) INFORMATION TECHNOLOGY.—An informa- technology on the social, political, eco- ized to be appropriated to the Foundation tion technology research program to support nomic, health, and environmental conditions $9,839,262,000 for fiscal year 2007. competitive, merit-reviewed proposals for rein countries in the developing world. (f) CONTINGENT AUTHORIZATION.— search, education, and infrastructure sup- Competitive, merit-based awards for partner- (1) IN GENERAL.—Funds are authorized to port in areas related to cybersecurity, ships under this subparagraph shall be to in- be appropriated under subsections (d) and (e), terascale computing systems, software, net- stitutions of higher education, nonprofit or- contingent on a determination by Congress working, scalability, communications, data ganizations, or consortia of such entities that the Foundation has made successful management, and remote sensing and that enter into a partnership that shall in- progress toward meeting management goals geospatial information technologies. clude one or more research institutions in consisting of— (2) NANOSCALE SCIENCE AND ENGINEERING.— one or more developing nations, and that (A) strategic management of human cap- A nanoscale science and engineering re- may also include for-profit companies in- ital; search and education program to support volved in plant biotechnology. The Director, (B) competitive sourcing; competitive, merit-reviewed proposals that by means of outreach, shall encourage inclu- (C) improved financial performance; emphasize— sion of historically Black colleges and uni- (D) expanded electronic government; and (A) research aimed at discovering novel versities, Hispanic-serving institutions, trib- (E) budget and performance integration. phenomena, processes, materials, and tools ally controlled colleges and universities, (2) CONSIDERATION.—In making that deter- that address grand challenges in materials, Alaska Native-serving institutions, and Na- mination, Congress shall take into consider- electronics, optoelectronics and magnetics, tive Hawaiian-serving institutions in con- ation whether or not the Director of the Of- manufacturing, the environment, and health sortia that enter into such partnerships. fice of Management and Budget has certified care; and (4) INNOVATION PARTNERSHIPS.—An innova- that the Foundation has, overall, made suc- (B) supporting new research and inter- tion partnerships program to support com- cessful progress toward meeting those goals. disciplinary centers and networks of excel- petitive, merit-reviewed proposals that seek SEC. 6. OBLIGATION OF MAJOR RESEARCH lence, including shared national user facili- to stimulate innovation at the regional level EQUIPMENT AND FACILITIES CON- STRUCTION FUNDS. ties, infrastructure, research, and education through new partnerships involving States, (a) FISCAL YEAR 2003.—None of the funds activities on the societal implications of ad- regional governmental entities, local govern- authorized under section 5(a)(2)(C) may be vances in nanoscale science and engineering. mental entities, industry, academic institu- obligated until 30 days after the first report (3) PLANT GENOME RESEARCH.—(A) A plant tions, and other related organizations in required under section 14(a)(2) is transmitted genome research program to support com- strategically important fields of science and to the Congress. petitive, merit-reviewed proposals— technology. (b) FISCAL YEAR 2004.—None of the funds (i) that advance the understanding of the (5) MATHEMATICS AND SCIENCE EDUCATION authorized under section 5(b)(2)(C) may be structure, organization, and function of PARTNERSHIPS.—The mathematics and obligated until 30 days after the report re- plant genomes; and science education partnerships program de- quired by June 15, 2003, under section 14(a)(2) (ii) that accelerate the use of new knowl- scribed in section 9. is transmitted to the Congress. edge and innovative technologies toward a (6) ROBERT NOYCE SCHOLARSHIP PROGRAM.— (c) FISCAL YEAR 2005.—None of the funds more complete understanding of basic bio- The Robert Noyce Scholarship Program de- authorized under section 5(c)(2)(C) may be logical processes in plants, especially in eco- scribed in section 10. obligated until 30 days after the report re- nomically important plants such as corn and (7) SCIENCE, MATHEMATICS, ENGINEERING, quired by June 15, 2004, under section 14(a)(2) soybeans. AND TECHNOLOGY TALENT EXPANSION PRO- is transmitted to the Congress. (B) Regional plant genome and gene ex- GRAM.—(A) A program of competitive, merit- (d) FISCAL YEAR 2006.—None of the funds pression research centers to conduct re- based, multi-year grants for eligible appli- authorized under section 5(d) may be obli- search and dissemination activities that may cants to increase the number of students gated for major research equipment and fa- include— studying toward and completing associate’s cilities construction until 30 days after the (i) basic plant genomics research and or bachelor’s degrees in science, mathe- report required by June 15, 2005, under sec- genomics applications, including those re- matics, engineering, and technology, par- tion 14(a)(2) is transmitted to the Congress. lated to cultivation of crops in extreme envi- ticularly in fields that have faced declining (e) FISCAL YEAR 2007.—None of the funds ronments and to cultivation of crops with re- enrollment in recent years. authorized under section 5(e) may be obli- duced reliance on fertilizer, herbicides, and (B) In selecting projects under this para- gated for major research equipment and fa- pesticides; graph, the Director shall strive to increase cilities construction until 30 days after the (ii) basic research that will contribute to the number of students studying toward and report required by June 15, 2006, under sec- the development or use of innovative plant- completing baccalaureate degrees, con- tion 14(a)(2) is transmitted to the Congress. derived products; centrations, or certificates in science, math- SEC. 7. ANNUAL PLAN FOR ALLOCATION OF (iii) basic research on alternative uses for ematics, engineering, or technology who are FUNDING. plants and plant materials, including the use individuals identified in section 33 or 34 of Not later than 60 days after the date of en- of plants as renewable feedstock for alter- the Science and Engineering Equal Opportu- actment of legislation providing for the an- native energy production and nonpetroleum- nities Act (42 U.S.C. 1885a or 1885b). nual appropriation of funds for the Founda- based industrial chemicals and precursors; (C) The types of projects the Foundation tion, the Director shall submit to the Com- and may support under this paragraph include mittee on Science and the Committee on Ap- (iv) basic research and dissemination of in- those that promote high quality— propriations of the House of Representatives, formation on the ecological and other con- (i) interdisciplinary teaching; and to the Committee on Commerce, sequences of genetically engineered plants. (ii) undergraduate-conducted research;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11129 (iii) mentor relationships for students; (D) strengthened teacher training in math- clude a State educational agency or one or (iv) bridge programs that enable students ematics, science, and reading as it relates to more businesses. at community colleges to matriculate di- technical and specialized texts; (B) A participating institution of higher rectly into baccalaureate science, mathe- (E) laboratory improvement and provision education shall include mathematics, matics, engineering, or technology proof instrumentation as part of a comprehen- science, or engineering departments in the grams; sive program to enhance the quality of programs carried out through a partnership (v) internships carried out in partnership mathematics, science, engineering, and tech- under this paragraph. with industry; and nology instruction; or (3) USES OF FUNDS.—Grants awarded under (vi) innovative uses of digital technologies, (F) other secondary school systemic initia- this subsection shall be used for activities particularly at institutions of higher edu- tives that enable grantees to leverage pri- that draw upon the expertise of the partners cation that serve high numbers or percent- vate sector funding for mathematics, to improve elementary or secondary edu- ages of economically disadvantaged stu- science, engineering, and technology schol- cation in mathematics or science and that dents. arships. are consistent with State mathematics and (D)(i) In order to receive a grant under this In awarding grants under this paragraph, the science student academic achievement paragraph, an eligible applicant shall estab- Director shall give priority to agencies that standards, including— lish targets to increase the number of stu- serve high poverty communities. (A) recruiting and preparing students for dents studying toward and completing asso- (9) EXPERIMENTAL PROGRAM TO STIMULATE careers in elementary or secondary mathe- ciate’s or bachelor’s degrees in science, COMPETITIVE RESEARCH.—The Experimental matics or science education; mathematics, engineering, or technology. Program to Stimulate Competitive Re- (B) offering professional development pro- (ii) A grant under this paragraph shall be search, established under section 113 of the grams, including summer or academic year awarded for a period of 5 years, with the National Science Foundation Authorization institutes or workshops, designed to final 2 years of funding contingent on the Di- Act of 1988 (42 U.S.C. 1862g), that is designed strengthen the capabilities of mathematics rector’s determination that satisfactory to enhance— and science teachers; progress has been made by the grantee to- (A) research in mathematics, science, and (C) offering innovative preservice and in- ward meeting the targets established under engineering throughout the States eligible service programs that instruct teachers on clause (i). (iii) In the case of community colleges, a to participate in the program and the Com- using technology more effectively in teach- student who transfers to a baccalaureate monwealth of Puerto Rico; ing mathematics and science, including pro- program, or receives a certificate under an (B) research infrastructure in the States grams that recruit and train undergraduate established certificate program, in science, eligible to participate in the program and and graduate students to provide technical mathematics, engineering, or technology the Commonwealth of Puerto Rico; and support to teachers; shall be counted toward meeting a target es- (C) the geographic distribution of Federal (D) developing distance learning programs tablished under clause (i). research and development support. for teachers or students, including devel- (E) For each grant awarded under this (10) THE SCIENCE AND ENGINEERING EQUAL oping courses, curricular materials, and paragraph to an institution of higher edu- OPPORTUNITIES ACT.—A comprehensive pro- other resources for the in-service profes- cation, at least 1 principal investigator shall gram designed to advance the goals of the sional development of teachers that are be in a position of administrative leadership Science and Engineering Equal Opportuni- made available to teachers through the at the institution of higher education, and at ties Act (42 U.S.C. 1885 et seq.), including Internet; least 1 principal investigator shall be a fac- programs to— (E) developing a cadre of master teachers ulty member from an academic department (A) provide support to minority-serving in- who will promote reform and improvement included in the work of the project. For each stitutions; and in schools; grant awarded to a consortium or partner- (B) ensure that reports required under sec- (F) offering teacher preparation and cer- ship, at each institution of higher education tions 36 and 37 of such Act are submitted to tification programs for professional mathe- participating in the consortium or partner- the— maticians, scientists, and engineers who ship, at least 1 of the individuals responsible (i) Committee on Science of the House of wish to begin a career in teaching; for carrying out activities authorized under Representatives; (G) developing tools to evaluate activities this paragraph at that institution shall be in (ii) Committee on Health, Education, conducted under this subsection; a position of administrative leadership at Labor, and Pensions of the Senate; and (H) developing or adapting elementary the institution, and at least 1 shall be a fac- (iii) Committee on Commerce, Science, and school and secondary school mathematics ulty member from an academic department Transportation of the Senate. and science curricular materials that incor- included in the work of the project at that (11) ASTRONOMICAL RESEARCH AND INSTRU- porate contemporary research on the science institution. MENTATION.—An astronomical research proof learning; (F) In this paragraph, the term ‘‘eligible gram to support competitive, merit-reviewed (I) developing initiatives to increase and applicant’’ means— proposals that— sustain the number, quality, and diversity of (i) an institution of higher education; (A) will advance understanding of— prekindergarten through grade 12 teachers of (ii) a consortium of institutions of higher (i) the origins and characteristics of plan- mathematics and science, especially in un- education; or ets, the Sun, other stars, the Milky Way Gal- derserved areas; (iii) a partnership between— axy, and extragalactic objects (such as clus- (J) using mathematicians, scientists, and (I) an institution of higher education or a ters of galaxies and quasars); and engineers employed by private businesses to consortium of such institutions; and (ii) the structure and origin of the uni- help recruit and train mathematics and (II) a nonprofit organization, a State or verse; and science teachers; local government, or a private company, (B) support related activities such as de- (K) developing and offering mathematics with demonstrated experience and effective- veloping advanced technologies and instru- or science enrichment programs for students, ness in science, mathematics, engineering, mentation, funding undergraduate and grad- including after-school and summer pro- or technology education. uate students, and satisfying other instru- grams; (8) SECONDARY SCHOOL SYSTEMIC INITIA- mentation and research needs. (L) providing research opportunities in TIVE.—A program of competitive, merit- SEC. 9. MATHEMATICS AND SCIENCE EDUCATION business or academia for students and teach- based grants for State educational agencies PARTNERSHIPS. ers; or local educational agencies that supports (a) PROGRAM AUTHORIZED.— (M) bringing mathematicians, scientists, the planning and implementation of agency- (1) IN GENERAL.—(A) The Director shall and engineers from business and academia wide secondary school reform initiatives de- carry out a program to award grants to insti- into elementary school and secondary school signed to promote scientific and techno- tutions of higher education or eligible non- classrooms; and logical literacy, meet the mathematics and profit organizations (or consortia of such in- (N) any other activities the Director deter- science education needs of students at risk of stitutions or organizations) to establish mines will accomplish the goals of this sub- not achieving State student academic mathematics and science education partner- section. achievement standards, reduce the need for ship programs to improve elementary and (4) MASTER TEACHERS.—Activities carried basic skill training by employers, and secondary mathematics and science instruc- out in accordance with paragraph (3)(E) heighten college completion rates through tion. shall— activities, such as— (B) Grants shall be awarded under this sub- (A) emphasize the training of master (A) systemic alignment of secondary section on a competitive, merit-reviewed teachers who will improve the instruction of school curricula and higher education fresh- basis. mathematics or science in kindergarten man placement requirements; (2) PARTNERSHIPS.—(A) In order to be eligi- through grade 12; (B) development of materials and curricula ble to receive a grant under this subsection, (B) include training in both content and that support small, theme-oriented schools an institution of higher education or eligible pedagogy; and and learning communities; nonprofit organization (or consortium of (C) provide training only to teachers who (C) implementation of enriched mathe- such institutions or organizations) shall will be granted sufficient nonclassroom time matics and science curricula for all sec- enter into a partnership with one or more to serve as master teachers, as demonstrated ondary school students; local educational agencies that may also in- by assurances their employing school has

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 S11130 CONGRESSIONAL RECORD — SENATE November 14, 2002 provided to the Director, in such time and (iv) any activities that will encourage the mittee on Health, Education, Labor, and such manner as the Director may require. interest of individuals identified in section Pensions of the Senate. (5) SCIENCE ENRICHMENT PROGRAMS FOR 33 or 34 of the Science and Engineering Equal (B) Materials developed under the program GIRLS.—Activities carried out in accordance Opportunities Act (42 U.S.C. 1885a or 1885b) in established under subsection (a) that are with paragraph (3)(K) and (L) shall include mathematics, science, engineering, and tech- demonstrated to be effective shall be made elementary school and secondary school pro- nology and will help prepare such individuals widely available to the public. grams to encourage the ongoing interest of to pursue postsecondary studies in these (3) ANNUAL MEETING.—The Director, in con- girls in science, mathematics, engineering, fields; sultation with the Secretary of Education, and technology and to prepare girls to pur- (C) a description of the number, size, and shall convene an annual meeting of the part- sue undergraduate and graduate degrees and nature of any stipends that will be provided nerships participating under this section to careers in science, mathematics, engineer- to students or teachers and the reasons such foster greater national collaboration. ing, or technology. Funds made available stipends are needed; (4) REPORT ON COORDINATION.—The Direc- through awards to partnerships for the pur- (D) a description of how the partnership tor, in consultation with the Secretary of poses of this paragraph may support pro- will serve as a catalyst for reform of mathe- Education, shall provide an annual report to grams for— matics and science education programs; the Committee on Science of the House of (A) encouraging girls to pursue studies in (E) a description of how the partnership Representatives, the Committee on Edu- science, mathematics, engineering, and tech- will assess its success; cation and the Workforce of the House of nology and to major in such fields in postsec- (F) a description of how the partnership Representatives, the Committee on Com- ondary education; will collaborate with the State educational merce, Science, and Transportation of the (B) tutoring girls in science, mathematics, agency to ensure that successful partnership Senate, and the Committee on Health, Edu- engineering, and technology; activities may be replicated throughout the cation, Labor, and Pensions of the Senate de- (C) providing mentors for girls in person State; and scribing how the program authorized under and through the Internet to support such (G) a description of the manner in which this section has been and will be coordinated girls in pursuing studies in science, mathe- the partnership will be continued after as- with the program authorized under part B of matics, engineering, and technology; sistance under this section ends. title II of the Elementary and Secondary (D) educating the parents of girls about the (2) REVIEW OF APPLICATIONS.—In evaluating Education Act of 1965 (20 U.S.C. 6601 et seq.). difficulties faced by girls to maintain an in- the applications submitted under paragraph The report under this paragraph shall be sub- terest and desire to achieve in science, math- (1), the Director shall consider, at a min- mitted along with the President’s annual ematics, engineering, and technology, and imum— budget request. enlisting the help of parents in overcoming (A) the ability of the partnership to carry (5) TECHNICAL ASSISTANCE.—At the request these difficulties; and out effectively the proposed programs; of an eligible partnership or a State edu- (E) acquainting girls with careers in (B) the extent to which the members of the cational agency, the Director shall provide science, mathematics, engineering, and tech- partnership are committed to making the the partnership or agency with technical as- nology and encouraging girls to plan for ca- partnership a central organizational focus; sistance in meeting any requirements of this reers in such fields. (C) the degree to which activities carried section, including providing advice from ex- out by the partnership are based on relevant (6) RESEARCH IN SECONDARY SCHOOLS.—Ac- perts on how to develop— research and are likely to result in increased tivities carried out in accordance with para- (A) a quality application for a grant; and student achievement; graph (3)(K) may include support for re- (B) quality activities from funds received (D) the degree to which such activities are search projects performed by students at sec- from a grant under this section. aligned with State mathematics and science ondary schools. Uses of funds made available student academic achievement standards; SEC. 10. ROBERT NOYCE SCHOLARSHIP PRO- through awards to partnerships for purposes (E) the likelihood that the partnership will GRAM. of this paragraph may include— demonstrate activities that can be widely (a) SCHOLARSHIP PROGRAM.— (A) training secondary school mathematics implemented as part of larger scale reform (1) IN GENERAL.—The Director shall carry and science teachers in the design of re- efforts; and out a program to award grants to institu- search projects for students; (F) the extent to which the activities will tions of higher education (or consortia of (B) establishing a system for students and encourage the interest of individuals identi- such institutions) to provide scholarships, teachers involved in research projects funded fied in section 33 or 34 of the Science and En- stipends, and programming designed to re- under this subsection to exchange informa- gineering Equal Opportunities Act (42 U.S.C. cruit and train mathematics and science tion about their projects and research re- 1885a or 1885b) in mathematics, science, engi- teachers. Such program shall be known as sults; and neering, and technology and will help pre- the ‘‘Robert Noyce Scholarship Program’’. (C) assessing the educational value of the pare such individuals to pursue postsec- (2) MERIT REVIEW.—Grants shall be pro- student research projects by such means as ondary studies in these fields. vided under this subsection on a competitive, tracking the academic performance and (3) AWARDS.—In awarding grants under this merit-reviewed basis. choice of academic majors of students con- section, the Director shall— (3) USE OF GRANTS.—Grants provided under ducting research. (A) give priority to applications in which this section shall be used by institutions of (7) STIPENDS.—Grants awarded under this the partnership includes a high-need local higher education or consortia— subsection may be used to provide stipends educational agency or a high-need local edu- (A) to develop and implement a program to for teachers or students participating in cational agency in which at least one school encourage top college juniors and seniors training or research activities that would does not make adequate yearly progress, as majoring in mathematics, science, and engi- not be part of their typical classroom activi- determined pursuant to part A of title I of neering at the grantee’s institution to be- ties. the Elementary and Secondary Education come mathematics and science teachers, (b) SELECTION PROCESS.— Act of 1965 (20 U.S.C. 6311 et seq.); and through— (1) APPLICATION.—An institution of higher (B) ensure that, to the extent practicable, (i) administering scholarships in accord- education or an eligible nonprofit organiza- a substantial number of the partnerships ance with subsection (c); tion (or a consortium of such institutions or funded under this section include businesses. (ii) offering programs to help scholarship organizations) seeking funding under sub- (c) ACCOUNTABILITY AND DISSEMINATION.— recipients to teach in elementary schools section (a) shall submit an application to the (1) ASSESSMENT REQUIRED.—The Director and secondary schools, including programs Director at such time, in such manner, and shall evaluate the program established under that will result in teacher certification or li- containing such information as the Director subsection (a). At a minimum, such evalua- censing; and may require. The application shall include, tion shall— (iii) offering programs to scholarship re- at a minimum— (A) use a common set of benchmarks and cipients, both before and after they receive (A) a description of the partnership and the assessment tools to identify best practices their baccalaureate degree, to enable the re- role that each member will play in imple- and materials developed and demonstrated cipients to become better mathematics and menting the proposal; by the partnerships; and science teachers, to fulfill the service re- (B) a description of each of the activities (B) to the extent practicable, compare the quirements of this section, and to exchange to be carried out, including— effectiveness of practices and materials de- ideas with others in their fields; or (i) how such activities will be aligned with veloped and demonstrated by the partner- (B) to develop and implement a program to State mathematics and science student aca- ships authorized under this section with encourage science, mathematics, or engi- demic achievement standards and with other those of partnerships funded by other State neering professionals to become mathe- activities that promote student achievement or Federal agencies. matics and science teachers, through— in mathematics and science; (2) DISSEMINATION OF RESULTS.—(A) The re- (i) administering stipends in accordance (ii) how such activities will be based on a sults of the evaluation required under para- with subsection (d); review of relevant research; graph (1) shall be made available to the pub- (ii) offering programs to help stipend re- (iii) why such activities are expected to lic and shall be provided to the Committee cipients obtain teacher certification or li- improve student performance and strengthen on Science of the House of Representatives, censing; and the quality of mathematics and science in- the Committee on Commerce, Science, and (iii) offering programs to stipend recipi- struction; and Transportation of the Senate, and the Com- ents, both during and after matriculation in

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11131 the program for which the stipend is re- program to receive certification or licensing ice obligation under this section, the United ceived, to enable recipients to become better to teach. States shall be entitled to recover from the mathematics and science teachers, to fulfill (2) SELECTION.—Individuals shall be se- individual, within one year after the date of the service requirements of this section, and lected to receive stipends under this section the occurrence of such circumstance, an to exchange ideas with others in their fields. primarily on the basis of academic merit, amount equal to— (b) SELECTION PROCESS.— with consideration given to financial need (i) the total amount of awards received by (1) APPLICATION.—An institution of higher and to the goal of promoting the participa- such individual under this section; plus education or consortium seeking funding tion of individuals identified in section 33 or (ii) the interest on the amounts of such under this section shall submit an applica- 34 of the Science and Engineering Equal Op- awards which would be payable if at the time tion to the Director at such time, in such portunities Act (42 U.S.C. 1885a or 1885b). the awards were received they were loans manner, and containing such information as (3) DURATION.—Individuals may receive a bearing interest at the maximum legal pre- the Director may require. The application maximum of 1 year of stipend support. vailing rate, as determined by the Treasurer shall include, at a minimum— (4) SERVICE OBLIGATION.—If an individual of the United States, (A) a description of the scholarship or sti- receives a stipend under this section, that in- multiplied by 2. pend program that the applicant intends to dividual shall be required to complete, with- (B) If a circumstance described in para- in 6 years after graduation from the program operate, including the number of scholar- graph (1)(D) or (E) occurs after the comple- for which the stipend was awarded, 2 years of ships or the size and number of stipends the tion of one year of a service obligation under service as a mathematics or science teacher applicant intends to award, and the selection this section, the United States shall be enti- for each year a stipend was received. Service process that will be used in awarding the tled to recover from the individual, within required under this paragraph shall be per- scholarships or stipends; one year after the date of the occurrence of formed in a high-need local educational (B) evidence that the applicant has the ca- such circumstance, an amount equal to the agency. pability to administer the scholarship or sti- total amount of awards received by such in- (e) CONDITIONS OF SUPPORT.—As a condi- pend program in accordance with the provi- 1 tion of acceptance of a scholarship or stipend dividual under this section minus ⁄2 of the sions of this section; and under this section, a recipient shall enter amount of the award received per year for (C) a description of the programming that into an agreement with the institution of each full year of service completed, plus the will be offered to scholarship or stipend re- higher education— interest on such amounts which would be cipients during and after their matriculation (1) accepting the terms of the scholarship payable if at the time the amounts were rein the program for which the scholarship or or stipend pursuant to subsections (c) and ceived they were loans bearing interest at stipend is received. (g), or subsection (d); the maximum legal prevailing rate, as deter- (2) REVIEW OF APPLICATIONS.—In evaluating (2) agreeing to provide the awarding insti- mined by the Treasurer of the United States. the applications submitted under paragraph tution of higher education with annual cer- (3) EXCEPTIONS.—The Director may provide (1), the Director shall consider, at a min- tification of employment and up-to-date con- for the partial or total waiver or suspension imum— tact information and to participate in sur- of any service or payment obligation by an (A) the ability of the applicant to effec- veys provided by the institution of higher individual under this section whenever com- tively carry out the program; education as part of an ongoing assessment pliance by the individual with the obligation (B) the extent to which the applicant is program; and is impossible or would involve extreme hard- committed to making the program a central (3) establishing that any scholarship re- ship to the individual, or if enforcement of organizational focus; cipient shall be liable to the United States such obligation with respect to the indi- (C) the degree to which the proposed pro- for any amount that is required to be repaid vidual would be unconscionable. gramming will enable scholarship or stipend in accordance with the provisions of sub- (h) DATA COLLECTION.—Institutions or con- recipients to become successful mathematics section (g). sortia receiving grants under this section and science teachers; (f) COLLECTION FOR NONCOMPLIANCE.— shall supply to the Director any relevant (D) the number and quality of the students (1) MONITORING COMPLIANCE.—An institu- statistical and demographic data on scholar- that will be served by the program; and tion of higher education (or consortium ship recipients and stipend recipients the Di- (E) the ability of the applicant to recruit thereof) receiving a grant under this section rector may request, including information students who would otherwise not pursue a shall, as a condition of participating in the on employment required by subsection (e). career in teaching. program, enter into an agreement with the (i) DEFINITIONS.—In this section— (c) SCHOLARSHIP REQUIREMENTS.— Director to monitor the compliance of schol- (1) the term ‘‘cost of attendance’’ has the (1) IN GENERAL.—Scholarships under this arship and stipend recipients with their re- meaning given such term in section 472 of section shall be available only to students spective service requirements. the Higher Education Act of 1965 (20 U.S.C. who are— (2) COLLECTION OF REPAYMENT.—(A) In the 1087ll); (A) majoring in science, mathematics, or event that a scholarship recipient is required (2) the term ‘‘mathematics and science engineering; and to repay the scholarship under subsection teacher’’ means a mathematics, science, or (B) in the last 2 years of a baccalaureate (g), the institution shall be responsible for technology teacher at the elementary school degree program. collecting the repayment amounts. or secondary school level; (2) SELECTION.—Individuals shall be se- (B) Except as provided in subparagraph (C), (3) the term ‘‘mathematics, science, or en- lected to receive scholarships primarily on any such repayment shall be returned to the gineering professional’’ means a person who the basis of academic merit, with consider- Treasury of the United States. holds a baccalaureate, masters, or doctoral ation given to financial need and to the goal (C) A grantee may retain a percentage of degree in science, mathematics, or engineer- of promoting the participation of individuals any repayment it collects to defray adminis- ing and is working in that field or a related identified in section 33 or 34 of the Science trative costs associated with the collection. area; and Engineering Equal Opportunities Act (42 The Director shall establish a single, fixed (4) the term ‘‘scholarship’’ means an award U.S.C. 1885a or 1885b). percentage that will apply to all grantees. under subsection (c); and (3) AMOUNT.—The Director shall establish (g) FAILURE TO COMPLETE SERVICE OBLIGA- (5) the term ‘‘stipend’’ means an award for each year the amount to be awarded for TION.— under subsection (d). scholarships under this section for that year, (1) GENERAL RULE.—If an individual who which shall be not less than $7,500 per year, has received a scholarship under this sec- SEC. 11. ESTABLISHMENT OF CENTERS FOR RE- except that no individual shall receive for tion— SEARCH ON MATHEMATICS AND any year more than the cost of attendance at (A) fails to maintain an acceptable level of SCIENCE LEARNING AND EDU- that individual’s institution. Individuals academic standing in the educational insti- CATION IMPROVEMENT. may receive a maximum of 2 years of schol- tution in which the individual is enrolled, as (a) ESTABLISHMENT.— arship support. determined by the Director; (1) IN GENERAL.—(A) The Director shall (4) SERVICE OBLIGATION.—If an individual (B) is dismissed from such educational in- award grants to institutions of higher edu- receives a scholarship, that individual shall stitution for disciplinary reasons; cation (or consortia thereof) to establish be required to complete, within 6 years after (C) withdraws from the baccalaureate de- multidisciplinary Centers for Research on graduation from the baccalaureate degree gree program for which the award was made Learning and Education Improvement. program for which the scholarship was before the completion of such program; (B) Grants shall be awarded under this awarded, 2 years of service as a mathematics (D) declares that the individual does not paragraph on a competitive, merit-reviewed or science teacher for each year a scholar- intend to fulfill the service obligation under basis. ship was received. Service required under this section; or (2) PURPOSE.—The purpose of the Centers this paragraph shall be performed in a high- (E) fails to fulfill the service obligation of shall be to conduct and evaluate research in need local educational agency. the individual under this section, cognitive science, education, and related (d) STIPENDS.— such individual shall be liable to the United fields and to develop ways in which the re- (1) IN GENERAL.—Stipends under this sec- States as provided in paragraph (2). sults of such research can be applied in ele- tion shall be available only to mathematics, (2) AMOUNT OF REPAYMENT.—(A) If a cir- mentary school and secondary school class- science, and engineering professionals who, cumstance described in paragraph (1) occurs rooms to improve the teaching of mathe- while receiving the stipend, are enrolled in a before the completion of one year of a serv- matics and science.

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(3) FOCUS.—(A) Each Center shall be fo- (c) ANNUAL CONFERENCE.—The Director (b) NATIONAL ACADEMY OF SCIENCES AS- cused on a different challenge faced by ele- shall convene an annual meeting of the Cen- SESSMENT ON INTERDISCIPLINARY RESEARCH mentary school or secondary school teachers ters to foster collaboration among the Cen- AND ADVANCED INSTRUMENTATION CENTERS.— of mathematics and science. In determining ters and to further disseminate the results of (1) ASSESSMENT.—Not later than 3 months the research focus of the Centers, the Direc- the Centers’ activities. after the date of enactment of this Act, the tor shall consult with the National Academy (d) COORDINATION.—The Director shall co- Director shall enter into an arrangement of Sciences and the Secretary of Education ordinate with the Secretary of Education with the National Academy of Sciences to and take into account the extent to which in— assess the need for an interagency program other Federal programs support research on (1) disseminating the results of the re- to establish and support fully equipped, similar questions. search conducted pursuant to grants award- state-of-the-art university-based centers for (B) The proposal solicitation issued by the ed under this section to elementary school interdisciplinary research and advanced in- Director shall state the focus of each Center teachers and secondary school teachers; and strumentation development. and applicants shall apply for designation as (2) providing programming, guidance, and (2) TRANSMITTAL TO CONGRESS.—Not later a specific Center. support to ensure that such teachers— than 15 months after the date of the enact- (C) At least one Center shall focus on de- (A) understand the implications of the re- ment of this Act, the Director shall transmit veloping ways in which the results of research disseminated under paragraph (1) for to the Committee on Science of the House of search described in paragraph (2) can be ap- classroom practice; and Representatives, the Committee on Com- plied, duplicated, and scaled up for use in (B) can use the research to improve such merce, Science, and Transportation of the low-performing elementary schools and sec- teachers’ performance in the classroom. Senate, and the Committee on Health, Edu- ondary schools to improve the teaching and SEC. 12. DUPLICATION OF PROGRAMS. cation, Labor, and Pensions of the Senate the assessment conducted by the National student achievement levels in mathematics (a) IN GENERAL.—The Director shall review and science. the education programs of the Foundation Academy of Sciences together with the (D) To the extent practicable and relevant that are in operation as of the date of enact- Foundation’s reaction to the assessment authorized under paragraph (1). to its focus, every Center shall include, as ment of this Act to determine whether any part of its research, work designed to quan- of such programs duplicate the programs au- SEC. 14. MAJOR RESEARCH EQUIPMENT AND FA- CILITIES CONSTRUCTION PLAN. titatively assess and improve the ways that thorized under this Act. (a) PRIORITIZATION OF PROPOSED MAJOR RE- information technology is used in the teach- (b) IMPLEMENTATION.—As programs author- SEARCH EQUIPMENT AND FACILITIES CONSTRUC- ing of mathematics and science. ized under this Act are implemented, the Di- TION.— rector shall— (b) SELECTION PROCESS.— (1) DEVELOPMENT OF PRIORITIES.—(A) The (1) APPLICATION.—An institution of higher (1) terminate any duplicative program Director shall— education (or a consortium of such institu- being carried out by the Foundation or (i) develop a list indicating by number the tions) seeking funding under this section merge the duplicative program into a pro- relative priority for funding under the major shall submit an application to the Director gram authorized under this Act; and research equipment and facilities construc- at such time, in such manner, and con- (2) not establish any new program that du- tion account that the Director assigns to taining such information as the Director plicates a program that has been imple- each project the Board has approved for in- may require. The application shall include, mented pursuant to this Act. clusion in a future budget request; and at a minimum, a description of— (c) REPORT.— (ii) submit the list described in clause (i) (A) the initial research projects that will (1) REVIEW.—The Director of the Office of to the Board for approval. be undertaken by the Center and the process Science and Technology Policy shall review (B) The Director shall update the list pre- by which new projects will be identified; the education programs of the Foundation to pared under subparagraph (A) each time the (B) how the Center will work with other re- ensure compliance with the provisions of Board approves a new project that would research institutions and schools to broaden this section. ceive funding under the major research the national research agenda on learning and (2) SUBMISSION.—Not later than 1 year after equipment and facilities construction ac- teaching; the date of enactment of this Act, and annu- count, as necessary to prepare reports under (C) how the Center will promote active col- ally thereafter as part of the annual Office of paragraph (2), and, from time to time, sub- laboration among physical, biological, and Science and Technology Policy’s budget submit any updated list to the Board for ap- social science researchers; mission to Congress, the Director of the Of- proval. (D) how the Center will promote active fice of Science and Technology Policy shall (2) ANNUAL REPORT.—Not later than 90 days participation by elementary and secondary complete a report on the review carried out after the date of enactment of this Act, and mathematics and science teachers and ad- under this subsection and shall submit the not later than each June 15 thereafter, the ministrators; and report to the Committee on Science and the Director shall transmit to the Committee on (E) how the results of the Center’s research Committee on Appropriations of the House Science of the House of Representatives, the can be incorporated into educational prac- of Representatives, and to the Committee on Committee on Commerce, Science, and tices, and how the Center will assess the suc- Commerce, Science, and Transportation, the Transportation of the Senate, and the Com- cess of those practices. Committee on Health, Education, Labor, and mittee on Health, Education, Labor, and (2) REVIEW OF APPLICATIONS.—In evaluating Pensions, and the Committee on Appropria- Pensions of the Senate a report containing— the applications submitted under paragraph tions of the Senate. (A) the most recent Board-approved pri- (1), the Director shall consider, at a min- SEC. 13. MAJOR RESEARCH INSTRUMENTATION. ority list developed under paragraph (1)(A); imum— (a) REVIEW AND ASSESSMENT.—The Director (B) a description of the criteria used to de- (A) the ability of the applicant to effec- shall conduct a review and assessment of the velop such list; and tively carry out the research program, in- major research instrumentation program (C) a description of the major factors for cluding the activities described in paragraph and, not later than 1 year after the date of each project that determined the ranking of (1)(E); enactment of this Act, submit a report of such project on the list, based on the appli- (B) the experience of the applicant in con- findings and recommendations to the Com- cation of the criteria described pursuant to ducting research on the science of teaching mittee on Science of the House of Represent- subparagraph (B). and learning and the capacity of the appli- atives, the Committee on Commerce, (3) CRITERIA.—The criteria described pursu- cant to foster new multidisciplinary collabo- Science, and Transportation of the Senate, ant to paragraph (2)(B) shall include, at a rations; and the Committee on Health, Education, minimum— (C) the capacity of the applicant to attract Labor, and Pensions of the Senate. The re- (A) scientific merit; elementary school and secondary school port shall include— (B) broad societal need and probable im- teachers from a diverse array of schools, and (1) estimates of the needs, by major field of pact; with diverse professional experiences, for science and engineering and by types of in- (C) consideration of the results of formal participation in Center activities; and stitutions of higher education, for the types prioritization efforts by the scientific com- (D) the capacity of the applicant to attract of research instrumentation that are eligible munity; and provide adequate support for graduate for acquisition under the guidelines of the (D) readiness of plans for construction and students to pursue research at the intersec- major research instrumentation program; operation; tion of educational practice and basic re- (2) a description of the distribution of (E) the applicant’s management and ad- search on human cognition and learning. awards and funding levels by year, by major ministrative capacity of large research fa- (3) AWARDS.—The Director shall ensure, to field of science and engineering, and by type cilities; the extent practicable, that the Centers of institution of higher education for the (F) international and interagency commit- funded under this section conduct research program, since the inception of the major re- ments; and and develop educational practices designed search instrumentation program; and (G) the order in which projects were ap- to improve the educational performance of a (3) an analysis of the impact of the major proved by the Board for inclusion in a future broad range of students, including individ- research instrumentation program on the re- budget request. uals identified in section 33 or 34 of the search instrumentation needs that were doc- (b) FACILITIES PLAN.— Science and Engineering Equal Opportuni- umented in the Foundation’s 1994 survey of (1) IN GENERAL.—Section 201(a)(1) of the ties Act (42 U.S.C. 1885a or 1885b). academic research instrumentation needs. National Science Foundation Authorization

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Act of 1998 (42 U.S.C. 1862l(a)(1)) is amended (2) TRANSMITTAL TO CONGRESS.—Not later access, for statistical or research purposes to read as follows: than 15 months after the date of the enact- only, to information collected pursuant to ‘‘(1) IN GENERAL.—The Director shall pre- ment of this Act, the Director shall transmit section 3(a)(5) or (6) that allows for the iden- pare, and include as part of the Foundation’s to the Committee on Science and the Com- tification of the supplier. No such person annual budget request to Congress, a plan for mittee on Appropriations of the House of may— the proposed construction of, and repair and Representatives, and to the Committee on ‘‘(A) publish information collected pursu- upgrades to, national research facilities, in- Commerce, Science, and Transportation, the ant to section 3(a)(5) or (6) in such a manner cluding full life-cycle cost information.’’. Committee on Health, Education, Labor, and that either an individual, an industrial or (2) CONTENTS OF PLAN.—Section 201(a)(2) of Pensions, and the Committee on Appropria- commercial organization, or an educational, the National Science Foundation Authoriza- tions of the Senate, the study conducted by academic, or other nonprofit institution that tion Act of 1998 (42 U.S.C. 1862l(a)(2)) is the National Academy of Sciences together has received a pledge of confidentiality from amended— with the Foundation’s reaction to the study the Foundation can be specifically identi- (A) in subparagraph (A), by striking ‘‘(1);’’ authorized under paragraph (1). fied; and inserting ‘‘(1), including costs for instru- SEC. 15. ADMINISTRATIVE AMENDMENTS. ‘‘(B) permit anyone other than individuals mentation development;’’; (a) BOARD MEETINGS.— authorized by the Foundation to examine (B) in subparagraph (B), by striking ‘‘and’’ (1) IN GENERAL.—Section 4(e) of the Na- data that allows for such identification re- after the semicolon; tional Science Foundation Act of 1950 (42 lating to an individual, an industrial or com- (C) in subparagraph (C), by striking U.S.C. 1863(e)) is amended by striking the mercial organization, or an academic, edu- ‘‘construction.’’ and inserting second and third sentences and inserting cational, or other nonprofit institution that ‘‘construction;’’; and ‘‘The Board shall adopt procedures governing has received a pledge of confidentiality from (D) by adding at the end the following: the conduct of its meetings, including deliv- the Foundation; or ‘‘(D) for each project funded under the ery of notice and a definition of a quorum, ‘‘(C) knowingly and willfully request or ob- major research equipment and facilities con- which in no case shall be less than one-half tain any nondisclosable information destruction account— plus one of the confirmed members of the scribed in paragraph (1) from the Foundation ‘‘(i) estimates of the total project cost Board.’’. under false pretenses. (from planning to commissioning); and (2) OPEN MEETINGS.—The Board and all of ‘‘(3) Violation of this subsection is punish- ‘‘(ii) the source of funds, including Federal its committees, subcommittees, and task able by a fine of not more than $10,000, im- funding identified by appropriations cat- forces (and any other entity consisting of prisonment for not more than 5 years, or egory and non-Federal funding; members of the Board and reporting to the both.’’. ‘‘(E) estimates of the full life-cycle cost of Board) shall be subject to section 552b of (c) APPOINTMENT.—Section 4(g) of the Na- each national research facility; title 5, United States Code. tional Science Foundation Act of 1950 (42 ‘‘(F) information on any plans to retire na- (3) COMPLIANCE AUDIT.—The Inspector Gen- U.S.C. 1863(g)) is amended by striking the tional research facilities; and eral of the Foundation shall conduct an an- second sentence and inserting ‘‘Such staff ‘‘(G) estimates of funding levels for grants nual audit of the compliance by the Board shall be appointed by the Chairman and as- supporting research that will be conducted with the requirements described in para- signed at the direction of the Board.’’. using each national research facility.’’. graph (2). The audit shall examine the pro- (d) SCHOLARSHIP ELIGIBILITY.—The Direc- (3) DEFINITION.—Section 2 of the National posed and actual content of closed meetings tor shall not exclude part-time students Science Foundation Authorization Act of and determine whether the closure of the from eligibility for scholarships under the 1998 (42 U.S.C. 1862k note) is amended— meetings was consistent with section 552b of Computer Science, Engineering, and Mathe- (A) by redesignating paragraphs (3) title 5, United States Code. matics Scholarship program. through (5) as paragraphs (4) through (6), re- (4) REPORT.—Not later than February 15 of SEC. 16. SCIENCE AND ENGINEERING EQUAL OP- spectively; and each year, the Inspector General of the PORTUNITIES ACT AMENDMENTS. (B) by inserting after paragraph (2) the fol- Foundation shall transmit to the Committee Section 32 of the Science and Engineering lowing: on Science of the House of Representatives, Equal Opportunities Act (42 U.S.C. 1885) is ‘‘(3) FULL LIFE-CYCLE COST.—The term ‘full the Committee on Commerce, Science, and amended— life-cycle cost’ means all costs of planning, Transportation of the Senate, and the Com- (1) in subsection (a), by striking development, procurement, construction, op- mittee on Health, Education, Labor, and ‘‘backgrounds.’’ and inserting ‘‘backgrounds, erations and support, and shut-down costs, Pensions of the Senate the audit required including persons with disabilities.’’; and without regard to funding source and with- under paragraph (3) along with recommenda- (2) in subsection (b)— out regard to what entity manages the tions for corrective actions that need to be (A) by inserting ‘‘, including persons with project or facility involved.’’. taken to achieve fuller compliance with the disabilities,’’ after ‘‘backgrounds’’; and (c) PROJECT MANAGEMENT.—No national re- requirements described in paragraph (2), and (B) by striking ‘‘and minorities’’ each search facility project funded under the place the term appears and inserting ‘‘, mi- major research equipment and facilities con- recommendations on how to ensure public norities, and persons with disabilities’’. struction account shall be managed by an in- access to the Board’s deliberations. dividual whose appointment to the Founda- (b) CONFIDENTIALITY OF CERTAIN INFORMA- SEC. 17. UNDERGRADUATE EDUCATION REFORM. tion is temporary. TION.—Section 14(i) of the National Science (a) IN GENERAL.—The Director shall award (d) BOARD APPROVAL OF MAJOR RESEARCH Foundation Act of 1950 (42 U.S.C. 1873(i)) is grants, on a competitive, merit-reviewed EQUIPMENT AND FACILITIES PROJECTS.— amended to read as follows: basis, to institutions of higher education to (1) IN GENERAL.—The Board shall explicitly ‘‘(i)(1)(A) Information supplied to the expand previously implemented reforms of approve any project to be funded out of the Foundation or a contractor of the Founda- undergraduate science, mathematics, engi- major research equipment and facilities con- tion in survey forms, questionnaires, or simi- neering, or technology education that have struction account before any funds may be lar instruments for purposes of section been demonstrated to have been successful in obligated from such account for such project. 3(a)(5) or (6) by an individual, an industrial increasing the number and quality of stu- (2) REPORT.—Not later than September 15 or commercial organization, or an edu- dents studying toward and completing asso- of each fiscal year, the Board shall report to cational, academic, or other nonprofit insti- ciate’s or baccalaureate degrees in science, the Committee on Commerce, Science, and tution when the institution has received a mathematics, engineering, or technology. Transportation of the Senate, the Com- pledge of confidentiality from the Founda- (b) USES OF FUNDS.—Activities supported mittee on Health, Education, Labor, and tion, shall not be disclosed to the public un- by grants under this section may include— Pensions of the Senate, and the Committee less the information has been transformed (1) expansion of successful reform efforts on Science of the House of Representatives into statistical or abstract formats that do beyond a single course or group of courses to on the conditions of any delegation of au- not allow for the identification of the sup- achieve reform within an entire academic thority under section 4 of the National plier. unit; Science Foundation Act of 1950 (42 U.S.C. ‘‘(B) Information that has not been trans- (2) expansion of successful reform efforts 1863) that relates to funds appropriated for formed into formats described in subpara- beyond a single academic unit to other any project in the major research equipment graph (A) may be used only for statistical or science, mathematics, engineering, or tech- and facilities construction account. research purposes. nology academic units within an institution; (e) NATIONAL ACADEMY OF SCIENCES STUDY ‘‘(C) The identities of individuals, organi- (3) creation of multidisciplinary courses or ON MAJOR RESEARCH EQUIPMENT AND FACILI- zations, and institutions supplying informa- programs that formalize collaborations for TIES CONSTRUCTION.— tion described in subparagraph (A) may not the purpose of improved student instruction (1) STUDY.—Not later than 3 months after be disclosed to the public. and research in science, mathematics, engi- the date of enactment of this Act, the Direc- ‘‘(2) In support of functions authorized by neering, and technology; tor shall enter into an arrangement with the section 3(a)(5) or (6), the Foundation may (4) expansion of undergraduate research op- National Academy of Sciences to perform a designate, at its discretion, authorized per- portunities beyond a particular laboratory, study on setting priorities for a diverse sons, including employees of Federal, State, course, or academic unit to engage multiple array of disciplinary and interdisciplinary or local agencies or instrumentalities academic units in providing multidisci- Foundation-sponsored large research facility (including local educational agencies) and plinary research opportunities for under- projects. employees of private organizations, to have graduate students;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 S11134 CONGRESSIONAL RECORD — SENATE November 14, 2002 (5) expansion of innovative tutoring or Authorization Act of 1988 (42 U.S.C. 1862g)) is cluding funding received as members of con- mentoring programs proven to enhance stu- carrying out activities. sortia. The report shall include information dent recruitment or persistence to degree (b) FACULTY.—Not later than 3 months on such funding to minority-serving institu- completion in science, mathematics, engi- after the date of enactment of this Act, the tions— neering, or technology; Director shall enter into an arrangement (A) expressed as a percentage of funding to (6) improvement of undergraduate science, with the National Academy of Sciences to all institutions of higher education for each mathematics, engineering, and technology assess gender differences in the careers of appropriations account within the Founda- education for nonmajors, including edu- science and engineering faculty. This study tion’s budget; and cation majors; and shall build on the Academy’s work on gender (B) for the preceding 10 years. (7) implementation of technology-driven differences in the carriers of doctoral sci- (2) REPORT ON WAYS TO IMPROVE FUNDING.— reform efforts, including the installation of entists and engineers and examine issues Within one year after the date of enactment technology to facilitate such reform, that di- such as faculty hiring, promotion, tenure, of this Act, the Director shall submit to the rectly impact undergraduate science, mathe- and allocation of resources including labora- Committee on Science of the House of Rep- matics, engineering, or technology instruc- tory space. Upon completion, the results of resentatives, the Committee on Commerce, tion or research experiences. this study shall be transmitted to the Com- Science, and Transportation of the Senate, (c) SELECTION PROCESS.— mittee on Science of the House of Represent- and the Committee on Health, Education, (1) APPLICATIONS.—An institution of higher atives, the Committee on Commerce, Labor, and Pensions of the Senate a report education seeking a grant under this section Science, and Transportation of the Senate, on recommendations on how the Foundation shall submit an application to the Director and the Committee on Health, Education, can improve funding to minority-serving in- at such time, in such manner, and con- Labor, and Pensions of the Senate. stitutions. taining such information as the Director (c) GRANT FUNDING.—Not later than 3 months after the date of enactment of this SEC. 19. EVALUATIONS. may require. The application shall include, Act, the Director shall enter into an agree- at a minimum— (a) EDUCATION.— ment with an appropriate party to assess (A) a description of the proposed reform ef- (1) IN GENERAL.—The Director, through the gender differences in the distribution of ex- fort; Research, Evaluation and Communication ternal Federal research and development (B) a description of the previously imple- Division of the Education and Human Re- funding. This study shall examine dif- mented reform effort that will serve as the sources Directorate of the Foundation, shall ferences in amounts requested and awarded, basis for the proposed reform effort and evi- by gender, in major Federal external grant evaluate the effectiveness of all under- dence of success of that previous effort, in- programs. Upon completion, the results of graduate science, mathematics, engineering, cluding data on student recruitment, persist- this study shall be transmitted to the Com- or technology education activities supported ence to degree completion, and academic mittee on Science of the House of Represent- by the Foundation in increasing the number achievement; atives, the Committee on Commerce, and quality of students, including individ- (C) evidence of active participation in the Science, and Transportation of the Senate, uals identified in section 33 or 34 of the proposed project by individuals who were and the Committee on Health, Education, Science and Engineering Equal Opportuni- central to the success of the previously im- Labor, and Pensions of the Senate. ties Act (42 U.S.C. 1885a or 1885b) studying plemented reform effort; and (d) STUDY OF BROADBAND NETWORK ACCESS toward and completing associate’s or bacca- (D) evidence of institutional support for, FOR SCHOOLS AND LIBRARIES.— laureate degrees in science, mathematics, and commitment to, the proposed reform ef- (1) REPORT TO CONGRESS.—The Director engineering, and technology. In conducting fort, including a description of existing or shall conduct a study of the issues described the evaluation, the Director shall consider planned institutional policies and practices in paragraph (3), and not later than 1 year information on— regarding faculty hiring, promotion, tenure, after the date of the enactment of this Act, (A) the number of students enrolled in un- and teaching assignment that reward faculty transmit to the Committee on Science of the dergraduate science, mathematics, engineer- contributions to undergraduate education House of Representatives, the Committee on ing, and technology programs; equal to, or greater than, scholarly scientific Commerce, Science, and Transportation of (B) student academic achievement, includ- research. the Senate, and the Committee on Health, ing quantifiable measurements of students’ (2) REVIEW OF APPLICATIONS.—In evaluating Education, Labor, and Pensions of the Sen- mastery of content and skills; applications submitted under paragraph (1), ate a report including recommendations to (C) persistence to degree completion, in- the Director shall consider at a minimum— address those issues. Such report shall be up- cluding students who transfer from science, (A) the evidence of past success in imple- dated annually for 4 additional years. mathematics, engineering, and technology menting undergraduate education reform (2) CONSULTATION.—In preparing the re- programs to programs in other academic dis- and the likelihood of success in undertaking ports under paragraph (1), the Director shall ciplines; and the proposed expanded effort; consult with Federal agencies and edu- (D) placement during the first year after (B) the extent to which the faculty, staff, cational entities as the Director considers degree completion in post-graduate edu- and administrators of the institution are appropriate. cation or career pathways. committed to making the proposed institu- (3) ISSUES TO BE ADDRESSED.—The reports (2) ASSESSMENT BENCHMARKS AND TOOLS.— tional reform a priority of the participating shall— The Director, through the Research, Evalua- academic unit; (A) identify the availability of high-speed, tion and Communication Division of the (C) the degree to which the proposed re- large bandwidth capacity access to different Education and Human Resources Directorate form will contribute to change in institu- demographic groups served by elementary of the Foundation, shall establish a common tional culture and policy such that a greater schools, secondary schools, and libraries in set of assessment benchmarks and tools, and value is placed on faculty engagement in un- the United States; shall enable every Foundation-sponsored dergraduate education, as evidenced through (B) identify how the provision of high- project to incorporate the use of these promotion and tenure policies; and speed, large bandwidth capacity access to benchmarks and tools in their project-based (D) the likelihood that the institution will the Internet to such schools and libraries assessment activities. sustain or expand the reform beyond the pe- can be effectively utilized within each school (3) REPORTS TO CONGRESS.—Not later than 3 riod of the grant. and library; years after the date of the enactment of this (3) GRANT DISTRIBUTION.—The Director (C) consider the effect that specific or re- Act, and once every 3 years thereafter, the shall ensure, to the extent practicable, that gional circumstances may have on the abil- Director shall transmit to the Committee on grants awarded under this section are made ity of such institutions to acquire high- Science of the House of Representatives, the to a variety of types of institutions of higher speed, large bandwidth capacity access to Committee on Commerce, Science, and education. achieve universal connectivity as an effec- Transportation of the Senate, and the Com- SEC. 18. REPORTS. tive tool in the education process; and mittee on Health, Education, Labor, and (a) GRANT SIZE AND DURATION.—Not later (D) include options and recommendations Pensions of the Senate a report containing than 6 months after the date of enactment of to address the challenges and issues identi- the results of evaluations under paragraph this Act, the Director shall transmit to the fied in the reports. (1). Committee on Science of the House of Rep- (e) MINORITY-SERVING INSTITUTION FUND- (b) AWARDS.—Notwithstanding any other resentatives, the Committee on Commerce, ING.— provision of this Act, the Director shall an- Science, and Transportation of the Senate, (1) ANNUAL REPORTING REQUIRED.—The Di- nually evaluate a random sample of grants, and the Committee on Health, Education, rector shall submit an annual report, along contracts, or other awards made pursuant to Labor, and Pensions of the Senate a report with the President’s annual budget request, describing the impact that increasing the av- to the Committee on Science of the House of this Act. erage grant size and duration would have on Representatives, the Committee on Com- (c) DISSEMINATION.—The Director shall— minority-serving institutions and on institu- merce, Science, and Transportation of the (1) provide for the dissemination of the re- tions located in States where the Founda- Senate, and the Committee on Health, Edu- sults of the evaluations conducted pursuant tion’s Experimental Program to Stimulate cation, Labor, and Pensions of the Senate on to this section to the public; and Competitive Research (established under sec- the amount of funding awarded by the Foun- (2) provide notice to the public that such tion 113 of the National Science Foundation dation to minority-serving institutions, in- evaluations are available.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11135 SEC. 20. REPORT BY COMMITTEE ON EQUAL OP- SEC. 22. REPORT ON FOUNDATION BUDGETARY Department of Energy, which may engage in PORTUNITIES IN SCIENCE AND EN- AND PROGRAMMATIC EXPANSION. related research activities. GINEERING. The Board shall prepare a report to address (g) COMPENSATION.—The members of the As part of the first report required by sec- and examine the Foundation’s budgetary and Advisory Committee shall serve without tion 36(e) of the Science and Engineering programmatic growth provided for by this compensation, but shall receive travel ex- Equal Opportunities Act (42 U.S.C. 1885c(e)) Act. The report shall be submitted to the penses, including per diem in lieu of subsist- transmitted to Congress after the date of en- Committee on Science of the House of Rep- ence, in accordance with sections 5702 and actment of this Act, the Committee on Equal resentatives, the Committee on Commerce, 5703 of title 5, United States Code. Opportunities in Science and Engineering Science, and Transportation of the Senate, (h) MEETINGS.—The Advisory Committee shall include— and the Committee on Health, Education, shall convene, in person or by electronic (1) a summary of its findings over the pre- Labor, and Pensions of the Senate within means, at least 4 times a year. vious 10 years; one year after the date of the enactment of (i) QUORUM.—A majority of the members (2) a description of past and present poli- this Act and shall include— serving on the Advisory Committee shall cies and activities of the Foundation to en- (1) recommendations on how the increased constitute a quorum for purposes of con- courage full participation of women, minori- funding should be utilized; ducting the business of the Advisory Com- ties, and persons with disabilities in science, (2) an examination of the projected impact mittee. mathematics, and engineering fields, includ- that the budgetary increases will have on (j) DURATION.—Section 14 of the Federal ing activities in support of minority-serving the Nation’s scientific and technological Advisory Committee Act shall not apply to institutions; and workforce; the Advisory Committee. (3) an assessment of the trends in partici- (3) a description of new or expanded pro- pation in Foundation activities, and an as- SEC. 24. MINORITY-SERVING INSTITUTIONS UN- grams that will enable institutions of higher DERGRADUATE PROGRAM. sessment of the success of Foundation poli- education to expand their participation in (a) IN GENERAL.—The Director is author- cies and activities, along with proposals for Foundation-funded activities; new strategies or the broadening of existing ized to establish a new program to award (4) an estimate of the national scientific grants on a competitive, merit-reviewed successful strategies toward facilitating the and technological research infrastructure goals of that Act. basis to Hispanic-serving institutions, Alas- needed to adequately support the Founda- ka Native-serving institutions, Native Ha- SEC. 21. ADVANCED TECHNOLOGICAL EDU- tion’s increased funding and additional pro- waiian-serving institutions, and other insti- CATION PROGRAM. grams; and (a) CORE SCIENCE AND MATHEMATICS tutions of higher education serving a sub- (5) a description of the impact the budg- stantial number of minority students to en- COURSES.—Section 3(a) of the Scientific and etary increases provided under this Act will Advanced-Technology Act of 1992 (42 U.S.C. hance the quality of undergraduate science, have on the size and duration of grants mathematics, and engineering education at 1862i(a)) is amended— awarded by the Foundation. (1) by inserting ‘‘, and to improve the qual- such institutions and to increase the reten- SEC. 23. ASTRONOMY AND ASTROPHYSICS ADVI- tion and graduation rates of students pur- ity of their core education courses in science SORY COMMITTEE. suing associate’s or baccalaureate degrees in and mathematics’’ after ‘‘education in ad- (a) ESTABLISHMENT.—The Foundation and science, mathematics, engineering, or tech- vanced-technology fields’’; the National Aeronautics and Space Admin- nology. (2) in paragraph (1) by inserting ‘‘and in istration shall jointly establish an Astron- (b) PROGRAM COMPONENTS.—Grants award- core science and mathematics courses’’ after omy and Astrophysics Advisory Committee ed under this section shall support— ‘‘advanced-technology fields’’; and (in this section referred to as the ‘‘Advisory (1) activities to improve courses and cur- (3) in paragraph (2) by striking ‘‘in ad- Committee’’). riculum in science, mathematics, and engi- vanced-technology fields’’ and inserting (b) DUTIES.—The Advisory Committee ‘‘who provide instruction in science, mathe- shall— neering; matics, and advanced-technology fields’’. (1) assess, and make recommendations re- (2) faculty development; (b) ARTICULATION PARTNERSHIPS.—Section garding, the coordination of astronomy and (3) stipends for undergraduate students 3(c)(1)(B) of the Scientific and Advanced- astrophysics programs of the Foundation participating in research; and Technology Act of 1992 (42 U.S.C. and the National Aeronautics and Space Ad- (4) other activities consistent with sub- 1862i(c)(1)(B)) is amended— ministration; section (a), as determined by the Director. (1) by striking ‘‘and’’ at the end of clause (2) assess, and make recommendations re- (c) PROGRAM COORDINATION.—This program (i); garding, the status of the activities of the shall be coordinated with and in addition to (2) by striking the period at the end of Foundation and the National Aeronautics the ongoing Historically Black Colleges and clause (ii) and inserting a semicolon; and and Space Administration as they relate to Universities Undergraduate Program and the (3) by adding after clause (ii) the following the recommendations contained in the Na- Tribal Colleges and Universities Program. new clauses: tional Research Council’s 2001 report entitled (d) INSTRUMENTATION.—Funding for instru- ‘‘(iii) provide students with research expe- ‘‘Astronomy and Astrophysics in the New mentation is an allowed use of grants award- riences at bachelor’s-degree-granting insti- Millennium’’, and the recommendations con- ed under this section and under the ongoing tutions participating in the partnership, in- tained in subsequent National Research Historically Black Colleges and Universities cluding stipend support for students partici- Council reports of a similar nature; and Undergraduate Program and the Tribal Col- pating in summer programs; and (3) not later than March 15 of each year, leges and Universities Program. ‘‘(iv) provide faculty mentors for students transmit a report to the Director, the SEC. 25. STUDY ON RESEARCH AND DEVELOP- participating in activities under clause (iii), Administrator of the National Aeronautics MENT FUNDING DATA DISCREP- including summer salary support for faculty and Space Administration, and the Com- ANCIES. mentors.’’. mittee on Science of the House of Represent- (a) STUDY.—The Director, in consultation (c) NATIONAL SCIENCE FOUNDATION RE- atives, the Committee on Commerce, with the Director of the Office of Manage- PORT.—Within 6 months after the date of the Science, and Transportation of the Senate, ment and Budget and the heads of other Fed- enactment of this Act, the Director shall and the Committee on Health, Education, eral agencies, shall enter into agreement transmit a report to the Committee on Labor, and Pensions of the Senate on the Ad- with the National Academy of Sciences to Science of the House of Representatives, the visory Committee’s findings and rec- conduct a comprehensive study to determine Committee on Commerce, Science, and ommendations under paragraphs (1) and (2). the source of discrepancies in Federal re- Transportation of the Senate, and the Com- (c) MEMBERSHIP.—The Advisory Committee ports on obligations and actual expenditures mittee on Health, Education, Labor, and shall consist of 13 members, none of whom of Federal research and development fund- Pensions of the Senate on— shall be a Federal employee, including— ing. (1) efforts by the Foundation and awardees (1) 5 members selected by the Director; (b) CONTENTS.—The study shall— under the program carried out under section (2) 5 members selected by the Adminis- (1) examine the relevance and accuracy of 3 of the Scientific and Advanced-Technology trator of the National Aeronautics and Space reporting classifications and definitions used Act of 1992 (42 U.S.C. 1862i) to disseminate in- Administration; and in the reports described in subsection (a); formation about the results of projects; (3) 3 members selected by the Director of (2) examine whether the classifications and (2) the effectiveness of national centers of the Office of Science and Technology Policy. definitions are used consistently across Fed- scientific and technical education estab- (d) SELECTION PROCESS.—Initial selections eral agencies for data gathering; lished under section 3(b) of the Scientific and under subsection (c) shall be made within 3 (3) examine whether and how Federal agen- Advanced-Technology Act of 1992 (42 U.S.C. months after the date of the enactment of cies use reports described in subsection (a), 1862i(b)) in serving as national and regional this Act. Vacancies shall be filled in the and describe any other sources of similar clearinghouses of information and models for same manner as provided in subsection (c). data used by those agencies; best practices in undergraduate science, (e) CHAIRPERSON.—The Advisory Com- (4) recommend alternatives for modifica- mathematics, and technology education; and mittee shall select a chairperson from tions to the current reporting process and (3) efforts to satisfy the requirement of among its members. system that would— section 3(f)(4) of the Scientific and Ad- (f) COORDINATION.—The Advisory Com- (A) accommodate emerging fields of vanced-Technology Act of 1992 (42 U.S.C. mittee shall coordinate with the advisory science and changing practices in the con- 1862i(f)(4)). bodies of other Federal agencies, such as the duct of research and development;

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 S11136 CONGRESSIONAL RECORD — SENATE November 14, 2002 (B) minimize, to the extent possible, the ‘‘SEC. 208. APPLICABILITY. tion from tax on corporations, certain burden imposed on the reporters of these ‘‘(a) IN GENERAL.—Except as provided in trusts, etc.) is amended by redesignating data; subsection (b), an agreement entered into subsection (p) as subsection (q) and by in- (C) increase the consistency of application under this title shall apply to weeks of un- serting after subsection (o) the following new of the system across the Federal agencies in- employment— subsection: cluding the Office of Management and Budg- ‘‘(1) beginning after the date on which such et and the Foundation; agreement is entered into; and ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF (D) encourage the use of new technologies ‘‘(2) ending before April 1, 2003. DESIGNATED TERRORIST ORGANIZATIONS.— to increase accuracy, timeliness, and con- ‘‘(b) TRANSITION FOR AMOUNT REMAINING IN ‘‘(1) IN GENERAL.—The exemption from tax sistency of the reported data between the ACCOUNT.— under subsection (a) with respect to any or- agencies and the research performers; and ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ganization shall be suspended during any pe- (E) overcome systemic shortfalls; and and (3), in the case of an individual who has riod in which the organization is a des- (5) recommend an implementation timeline amounts remaining in an account estab- ignated terrorist organization. for the modifications recommended under lished under section 203 as of March 29, 2003, ‘‘(2) DESIGNATED TERRORIST ORGANIZA- paragraph (4), and recommend specific re- temporary extended unemployment com- TION.—For purposes of this subsection, the sponsibilities for the program and budget of- pensation shall continue to be payable to term ‘designated terrorist organization’ fices in the agencies, taking into consider- such individual from such amounts for any means an organization which— ation required changes to the current com- week beginning after such date for which the ‘‘(A) is designated as a terrorist organiza- puter systems and processes used by the individual meets the eligibility requirements tion in or pursuant to an Executive order, or agencies. of this title. otherwise designated, under the authority (c) SUBMISSION.—The Director shall submit ‘‘(2) NO AUGMENTATION AFTER MARCH 29, of— a report on the results of the study to the 2003.—If the account of an individual is ex- ‘‘(i) section 212(a)(3) or 219 of the Immigra- Committee on Science of the House of Rep- hausted after March 29, 2003, then section tion and Nationality Act, resentatives, the Committee on Commerce, 203(c) shall not apply and such account shall ‘‘(ii) the International Emergency Eco- Science, and Transportation of the Senate, not be augmented under such section, re- nomic Powers Act, or and the Committee on Health, Education, gardless of whether such individual’s State is ‘‘(iii) section 5 of the United Nations Par- Labor, and Pensions of the Senate within in an extended benefit period (as determined ticipation Act, or one year after the date of enactment of this under paragraph (2) of such section). ‘‘(B) is designated in or pursuant to an Ex- Act. ‘‘(3) LIMITATION.—No compensation shall be ecutive order as supporting terrorist activity (d) IMPLEMENTATION.—Within 6 months payable by reason of paragraph (1) for any (as defined in section 212(a)(3)(B) of the Im- after the completion of the study required by week beginning after June 28, 2003.’’. migration and Nationality Act) or terrorism subsection (a), the Director of the Office of (b) EFFECTIVE DATE.—The amendment (as defined in section 140(d)(2) of the Foreign Science and Technology Policy shall submit made by this section shall take effect as if Relations Authorization Act, Fiscal Years to the Committee on Science of the House of included in the enactment of the Temporary 1988 and 1989). Representatives, the Committee on Com- Extended Unemployment Compensation Act ‘‘(3) DENIAL OF DEDUCTION.—No deduction merce, Science, and Transportation of the of 2002 (Public Law 107–147; 116 Stat. 21). shall be allowed under section 170, 545(b)(2), Senate, and the Committee on Health, Edu- 556(b)(2), 642(c), 2055, 2106(a)(2), or 2522 for any cation, Labor, and Pensions of the Senate a SA 4961. Mr. REID (for Mr. BAUCUS) contribution to an organization during the plan for implementation of the recommenda- proposed an amendment to the bill period such organization is a designated ter- tions of the study. H.R. 5557, to amend the Internal Rev- rorist organization. SEC. 26. PLANNING GRANTS. enue Code of 1986 to provide a special ‘‘(4) DENIAL OF ADMINISTRATIVE OR JUDICIAL The Director is authorized to accept plan- rule for members of the uniformed CHALLENGE OF SUSPENSION OR DENIAL OF DE- DUCTION.—Notwithstanding section 7428 or ning proposals from applicants who are with- services and Foreign Service in deter- any other provision of law, no organization in .075 percentage points of the current eligi- mining the exclusion of gain from the or other person may challenge a suspension bility level for the Experimental Program to sale of a principal residence and to re- under paragraph (1), a designation described Stimulate Competitive Research. Such pro- store the tax exempt status of death in paragraph (2), or a denial of a deduction posals shall be reviewed by the Foundation gratuity payments to members of the under paragraph (3) in any administrative or to determine their merit for support under judicial proceeding relating to the Federal the Experimental Program to Stimulate uniformed services, and for other pur- tax liability of such organization or other Competitive Research or any other appro- poses; as follows: person. priate program. On page 10, strike line 10, and insert the following: ‘‘(5) CREDIT OR REFUND IN CASE OF ERRO- NEOUS DESIGNATION.— SA 4959. Mr. REID (for Mr. KENNEDY SEC. 8. CLARIFICATION RELATING TO EXCEP- ‘‘(A) IN GENERAL.—If a designation of an or- (for himself, Mr. GREGG, and Mr. TION FROM ADDITIONAL TAX ON CERTAIN DISTRIBUTIONS FROM ganization pursuant to 1 or more of the pro- HOLLINGS)) proposed an amendment to QUALIFIED TUITION PROGRAMS, visions of law described in paragraph (2) is the bill H.R. 4664, An act to authorize ETC. ON ACCOUNT OF ATTENDANCE determined to be erroneous pursuant to such appropriations for fiscal years 2003, AT MILITARY ACADEMY. law and the erroneous designation results in 2004, 2005, 2006, and 2007 for the Na- (a) IN GENERAL.—Subparagraph (B) of sec- an overpayment of income tax for any tax- tional Science Foundation, and for tion 530(d)(4) of the Internal Revenue Code of able year with respect to such organization, other purposes; as follows: 1986 (relating to exceptions from additional credit or refund (with interest) with respect tax for distributions not used for educational to such overpayment shall be made. Amend the title so as to read: ‘‘An Act to purposes) is amended by striking ‘‘or’’ at the ‘‘(B) WAIVER OF LIMITATIONS.—If credit or authorize appropriations for fiscal years 2003, end of clause (iii), by redesignating clause refund of any overpayment of tax described 2004, 2005, 2006, and 2007 for the National (iv) as clause (v), and by inserting after in subparagraph (A) is prevented at any time Science Foundation and for other purposes.’’. clause (iii) the following new clause: before the close of the 1-year period begin- ‘‘(iv) made on account of the attendance of ning on the date of the determination of SA 4960. Mrs. CLINTON (for herself, the account holder at the United States Mili- such credit or refund by the operation of any Mr. FITZGERALD, Ms. CANTWELL, and tary Academy, the United States Naval law or rule of law (including res judicata), Mr. SPECTER) proposed an amendment Academy, the United States Air Force Acad- such refund or credit may nevertheless be to the bill H.R. 3529, to provide tax in- emy, the United States Coast Guard Acad- made or allowed if claim therefor is filed be- centives for economic recovery and as- emy, or the United States Merchant Marine fore the close of such period.’’. Academy, to the extent that the amount of sistance to displaced workers; as fol- (b) NOTICE OF SUSPENSIONS.—If the tax ex- lows: the payment or distribution does not exceed the costs of advanced education (as defined emption of any organization is suspended Strike all after the enacting clause and in- by section 2005(e)(3) of title 10, United States under section 501(p) of the Internal Revenue sert the following: Code, as in effect on the date of the enact- Code of 1986 (as added by subsection (a)), the SECTION 1. Section 114 of Public Law 107– ment of this section) attributable to such at- Internal Revenue Service shall update the 229 is amended by striking ‘‘the date speci- tendance, or’’. listings of tax-exempt organizations and fied in section 107(c) of this joint resolution’’ (b) EFFECTIVE DATE.—The amendment shall publish appropriate notice to taxpayers and inserting ‘‘March 31, 2003’’. made by this section shall take effect for of such suspension and of the fact that con- Section. 2. EXTENSION OF THE TEM- taxable years beginning after December 31, tributions to such organization are not de- PORARY EXTENDED UNEMPLOYMENT 2002. ductible during the period of such suspen- COMPENSATION ACT OF 2002. SEC. 9. SUSPENSION OF TAX-EXEMPT STATUS OF sion. (a) In general.—Section 208 of the Tem- DESIGNATED TERRORIST ORGANIZA- porary Extended Unemployment Compensa- TIONS. (c) EFFECTIVE DATE.—The amendments tion Act of 2002 (Public Law 107–147; 116 Stat. (a) IN GENERAL.—Section 501 of the Inter- made by this section shall take effect on the 30) is amended to read as follows: nal Revenue Code of 1986 (relating to exemp- date of the enactment of this Act.

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.159 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11137

SEC. 10. ABOVE-THE-LINE DEDUCTION FOR OVER- ‘‘(ii) made by the sponsor of any prototype LECTION EVERY TWO YEARS.—In the case of NIGHT TRAVEL EXPENSES OF NA- or similar plan which the sponsor intends to an agreement entered into by the Secretary TIONAL GUARD AND RESERVE MEM- market to participating employers. under subsection (a) for partial collection of BERS. ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For a tax liability, the Secretary shall review (a) DEDUCTION ALLOWED.—Section 162 of purposes of subparagraph (B)— the agreement at least once every 2 years.’’. the Internal Revenue Code of 1986 (relating ‘‘(i) PENSION BENEFIT PLAN.—The term (c) EFFECTIVE DATE.—The amendments to certain trade or business expenses) is ‘pension benefit plan’ means a pension, prof- made by this section shall apply to agree- amended by redesignating subsection (p) as subsection (q) and inserting after subsection it-sharing, stock bonus, annuity, or em- ments entered into on or after the date of (o) the following new subsection: ployee stock ownership plan. the enactment of this Act. ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS ‘‘(ii) ELIGIBLE EMPLOYER.—The term SEC. 13. PROTECTION OF SOCIAL SECURITY. ‘eligible employer’ means an eligible em- OF RESERVE COMPONENT OF ARMED FORCES OF f THE UNITED STATES.—For purposes of sub- ployer (as defined in section 408(p)(2)(C)(i)(I)) section (a)(2), in the case of an individual which has at least 1 employee who is not a AUTHORITY FOR COMMITTEES TO who performs services as a member of a re- highly compensated employee (as defined in MEET serve component of the Armed Forces of the section 414(q)) and is participating in the United States at any time during the taxable plan. The determination of whether an em- COMMITTEE ON FOREIGN RELATIONS year, such individual shall be deemed to be ployer is an eligible employer under subpara- Mr. REID. Mr. President, I ask unan- away from home in the pursuit of a trade or graph (B) shall be made as of the date of the imous consent that the Committee on business for any period during which such in- request described in such subparagraph. Foreign Relations be authorized to dividual is away from home in connection ‘‘(iii) DETERMINATION OF AVERAGE FEES meet during the session of the Senate CHARGED.—For purposes of any determina- with such services.’’. on Thursday, November 14, 2002 at 1 (b) DEDUCTION ALLOWED WHETHER OR NOT tion of average fees charged, any request to TAXPAYER ELECTS TO ITEMIZE.—Section which subparagraph (B) applies shall not be p.m. to hold a Members’ Briefing. 62(a)(2) (relating to certain trade and busi- taken into account. Agenda ness deductions of employees) is amended by ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- adding at the end the following new subpara- age fee charged under the program required Briefers: graph: by subsection (a) shall not be less than the ‘‘(E) CERTAIN EXPENSES OF MEMBERS OF RE- amount determined under the following The Honorable Christina Rocca, As- SERVE COMPONENTS OF THE ARMED FORCES OF table: sistant Secretary for South Asian Af- THE UNITED STATES.—The deductions allowed Average fairs, Department of State. by section 162 which consist of expenses, not ‘‘Category Fee The Hon. John S. Wolf, Assistant in excess of $1,500, paid or incurred by the Employee plan ruling and opinion .. $250 Secretary for Nonproliferation, Depart- taxpayer in connection with the performance Exempt organization ruling ...... $350 ment of State. of services by such taxpayer as a member of Employee plan determination ...... $300 Representative from the Central In- a reserve component of the Armed Forces of Exempt organization determina- $275 telligence Agency to be announced. the United States for any period during tion. which such individual is more than 100 miles Chief counsel ruling ...... $200. THE PRESIDING OFFICER. Without away from home in connection with such ‘‘(c) TERMINATION.—No fee shall be imposed objection, it is so ordered. services.’’. under this section with respect to requests COMMITTEE ON FOREIGN RELATIONS (c) EFFECTIVE DATE.—The amendments made after September 30, 2012.’’. Mr. REID. Mr. President, I ask unan- made by this section shall apply to amounts (b) CONFORMING AMENDMENTS.— imous consent that the Committee on paid or incurred in taxable years beginning (1) The table of sections for chapter 77 of after December 31, 2002. the Internal Revenue Code of 1986 is amended Foreign Relations be authorized to SEC. 11. EXTENSION OF INTERNAL REVENUE by adding at the end the following new item: meet during the session of the Senate SERVICE USER FEES. on Thursday, November 14, 2002 at 2:30 ‘‘Sec. 7527. Internal Revenue Service user (a) IN GENERAL.—Chapter 77 of the Internal to hold a nomination hearing. Revenue Code of 1986 (relating to miscella- fees.’’. neous provisions) is amended by adding at (2) Section 10511 of the Revenue Act of 1987 Agenda the end the following new section: is repealed. ‘‘SEC. 7527. INTERNAL REVENUE SERVICE USER (3) Section 620 of the Economic Growth and Nominee: FEES. Tax Relief Reconciliation Act of 2001 is re- Mrs. Mary Carlin Yates, of Oregon, to ‘‘(a) GENERAL RULE.—The Secretary shall pealed. be Ambassador to the Republic of establish a program requiring the payment (c) LIMITATIONS.—Notwithstanding any of user fees for— other provision of law, any fees collected Ghana. ‘‘(1) requests to the Internal Revenue Serv- pursuant to section 7527 of the Internal Rev- THE PRESIDING OFFICER. Without ice for ruling letters, opinion letters, and de- enue Code of 1986, as added by subsection (a), objection, it is so ordered. termination letters, and shall not be expended by the Internal Rev- COMMITTEE ON THE JUDICIARY ‘‘(2) other similar requests. enue Service unless provided by an appro- Mr. REID. Mr. President, I ask unan- ‘‘(b) PROGRAM CRITERIA.— priations Act. imous consent that the Committee on ‘‘(1) IN GENERAL.—The fees charged under (d) EFFECTIVE DATE.—The amendments the program required by subsection (a)— made by this section shall apply to requests the Judiciary be authorized to meet to ‘‘(A) shall vary according to categories (or made after the date of the enactment of this conduct a markup on Thursday, No- subcategories) established by the Secretary, Act. vember 14, 2002 at 10:00 a.m. in Dirksen ‘‘(B) shall be determined after taking into SEC. 12. PARTIAL PAYMENT OF TAX LIABILITY IN Room 226. account the average time for (and difficulty INSTALLMENT AGREEMENTS. of) complying with requests in each category (a) IN GENERAL.— Tentative Agenda (and subcategory), and (1) Section 6159(a) of the Internal Revenue I. Nomination: ‘‘(C) shall be payable in advance. Code of 1986 (relating to authorization of ‘‘(2) EXEMPTIONS, ETC.— agreements) is amended— Dennis Shedd to be a U.S. Circuit ‘‘(A) IN GENERAL.—The Secretary shall pro- (A) by striking ‘‘satisfy liability for pay- Court Judge for the Fourth Circuit. vide for such exemptions (and reduced fees) ment of’’ and inserting ‘‘make payment on’’, Michael McConnell to be a U.S. Cir- under such program as the Secretary deter- and cuit Court Judge for the Tenth Circuit. mines to be appropriate. (B) by inserting ‘‘full or partial’’ after To be a U.S. Attorney: Kevin J. ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- ‘‘facilitate’’. O’Connor for the District of Con- GARDING PENSION PLANS.—The Secretary (2) Section 6159(c) of such Code (relating to shall not require payment of user fees under Secretary required to enter into installment necticut. such program for requests for determination agreements in certain cases) is amended in II. Bills: letters with respect to the qualified status of the matter preceding paragraph (1) by insert- a pension benefit plan maintained solely by ing ‘‘full’’ before ‘‘payment’’. S. 2480, Law Enforcement Officers 1 or more eligible employers or any trust (b) REQUIREMENT TO REVIEW PARTIAL PAY- Safety Act of 2002 [Leahy/Hatch/Thur- which is part of the plan. The preceding sen- MENT AGREEMENTS EVERY TWO YEARS.—Sec- mond/Grassley McConnell/Feinstein/ tence shall not apply to any request— tion 6159 of the Internal Revenue Code of 1986 DeWine/Kyl/Sessions/Brownback/Ed- ‘‘(i) made after the later of— is amended by redesignating subsections (d) wards/Cantwell]. ‘‘(I) the fifth plan year the pension benefit and (e) as subsections (e) and (f), respec- plan is in existence, or tively, and inserting after subsection (c) the S. 1655, Captive Exotic Animal Pro- ‘‘(II) the end of any remedial amendment following new subsection: tection Act of 2001 [Biden/Kennedy/ period with respect to the plan beginning ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- Kohl/Feinstein/Feingold/Schumer/Dur- within the first 5 plan years, or STALLMENT AGREEMENTS FOR PARTIAL COL- bin/Cantwell].

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.160 S14PT2 S11138 CONGRESSIONAL RECORD — SENATE November 14, 2002 S. 2934, To Amend the charter of the SMALL WEBCASTER AMENDMENTS for the Internet, a fundamental prin- American Legion [Johnson]. ACT OF 2002 ciple to which we have adhered is that H.R. 3988, To Amend the charter of Mr. REID. Madam President, I ask artists and producers of digital works the American Legion [Gekas]. unanimous consent the Senate proceed merit compensation for the value de- S. 2541, Identity Theft Penalty En- to the consideration of H.R. 5469. rived from the use of their work. hancement Act of 2002 [Feinstein/Kyl/ The PRESIDING OFFICER. The In 1995, we enacted the Digital Per- Sessions/Grassley]. clerk will report the bill by title. formance Right in Sound Recordings Act, which created an intellectual H.R. 3180, To consent to certain The legislative clerk read as follows: A bill (H.R. 5469) to amend title 17, United property right in digital sound record- amendments to the New Hampshire- ings, giving copyright owners the right Vermont Interstate School Compact States Code, with respect to the statutory license for webcasting. to receive royalties when their copy- [Bass]. There being no objection, the Senate righted sound recordings were digitally S. 2520, Prosecutorial Remedies and proceeded to consider the bill. transmitted by others. Therefore when Tools Against the Exploitation of Chil- Mr. LEAHY. Madam President, I am their copyrighted sound recordings are dren Today Act of 2002 [Hatch/Leahy/ pleased that the Senate is taking the digitally transmitted, royalties are Sessions/Brownback/Edwards/DeWine/ important step of passing H.R. 5469, the due. In the 1998 Digital Millennium Grassley. ‘‘Small Webcaster Amendments Act of Copyright Act, DMCA, we made clear S. 3114, Hometown Heroes Survivors 2002.’’ This legislation reflects hard that this law applied to webcasters and Benefits Act of 2002 [Leahy/Collins]. choices made in hard negotiations that they would have to pay these roy- S. Con. Res. 94, A Sense of Congress under hard circumstances. I commend alties. At the same time, we created a that a National Importance of Health House Judiciary Chairman Sensen- compulsory license so that webcasters Coverage Month should be established brenner and Representative Conyers could be sure of the use of these digital [Wyden/Hatch/Grassley]. for bringing this legislation to a suc- works. We directed that the appro- The PRESIDING OFFICER. Without cessful conclusion and passage in the priate royalty rate could be negotiated objection, it is so ordered. House of Representatives in a timely by the parties or determined by a Copyright Arbitration Royalty Panel— SUBCOMMITTEE ON TECHNOLOGY, TERRORISM fashion to make a difference in the or CARP—at the Library of Congress. AND GOVERNMENT INFORMATION prospects of many small webcasters. Despite some privately negotiated Mr. REID. Mr. President, I ask unan- The Internet is an American inven- tion that has become the emblem of agreements, no industry-wide agree- imous consent that the Committee on ment on royalty rates was reached and the Judiciary Subcommittee on Tech- the Information Age and an engine for bringing American content into homes therefore a CARP proceeding was insti- nology, Terrorism and Government In- tuted that concluded on February 20, formation be authorized to meet to and businesses around the globe. I have long been an enthusiast and champion 2002. The CARP decision set the roy- conduct a hearing on ‘‘America Still alty rate to be paid by commercial of the Internet and of the creative spir- Unprepared—America Still in Danger’’ webcasters, no matter their size, at .14 its who are the source of the music, on Thursday, November 14, 2002, at 2 cents per song per listener, with roy- films, books, news, and entertainment p.m. in room 226 of the Dirksen Senate alty payments retroactive to October content that enrich our lives, energize Office Building. 1998, when the DMCA was passed. our economy and influence our culture. At a Judiciary Committee hearing I Witness List As a citizen, I am impressed by the in- convened on this issue on May 15, 2002, Senator Warren B. Rudman, Co- novation of new online entrepreneurs, nobody seemed happy with the out- Chair, Independent Terrorism Task and as a Senator, I want to do every- come of the arbitration and, in fact, all Force Washington, DC. thing possible to promote the full the parties appealed. The recording in- realization of the Internet’s potential. Stephen E. Flynn, Member, Inde- dustry and artist representatives feel A flourishing Internet with clear, fair pendent Terrorism Task Force, Senior that the royalty rate—which was based and enforceable rules governing how Fellow, National Security Studies, on the number of performances and lis- content may be used will benefit all of Council on Foreign Relations, New teners, rather than on a percentage-of- us, including the entrepreneurs who York, NY. revenue model—was too low to ade- want us to become new customers and quately compensate the creative ef- Philip A. Odeen, Member, Inde- the artists who create the content we pendent Terrorism Task Force, Chair- forts of the artists and the financial in- value. vestments of the labels. Many man, TRW Inc., Arlington, VA. The advent of webcasting—streaming Col. Randy Larsen, Ret., Director, webcasters declared that the per-per- music online rather than broadcasting formance approach, and the rate at- ANSER Institute for Homeland Secu- it over the air as traditional radio sta- rity, Arlington, VA. tached to it, would bankrupt small options do—has marked one of the more erations and drain the large ones. I The PRESIDING OFFICER, Without exciting and quickly growing of the said then that such an outcome would objection, it is so ordered. new industries that have sprung up on be highly unfortunate not only for the the Web. Many of the new webcasters, webcasters but also for the artists, the f unconstrained by the technological labels and the consumers, who all limitations of traditional radio trans- would lose important legitimate chan- PRIVILEGES OF THE FLOOR mission, can and do serve listeners nels to connect music and music lovers across the country and around the Mr. MCCAIN. Madam President, I ask online. world. They provide music in special- On appeal, the Librarian in June, unanimous consent that Joe Raymond, ized niches not available over the air. 2002, cut the rate in half, to .07 cents a Coast Guard fellow on the Senate They feature new and fringe artists per song per listener for commercial Commerce Committee, be granted the who do not enjoy the few spots in the webcasters. Nevertheless, many privilege of the floor during consider- Top 40. And they can bring music of all webcasters, who had been operating ation of the conference report to ac- types to listeners who, for whatever during the four-year period between company S. 1214, the Port and Mari- reason, are not being catered to by tra- 1998 and 2002, were taken by surprise at time Security Act. ditional broadcasters. the amount of their royalty liability. The ACTING PRESIDENT pro tem- We have been mindful on this Com- The retroactive fees were to be paid in pore. Without objection, it is so or- mittee that as the Internet is a boon to full by October 20th and would have re- dered. consumers, we must not neglect the sulted in many small webcasters in Mrs. CLINTON. Madam President, I artists who create and the businesses particular, going out of business. ask unanimous consent that a fellow in which produce the digital works that In order to avoid many webcasting my office, Dr. Leo Tressande, be given make the online world so fascinating streams going silent on October 20, floor privileges. and worth visiting. With each legisla- when retroactive royalty payments are The PRESIDING OFFICER. Without tive effort to provide clear, fair and en- due, I urged all sides to avoid more ex- objection, it is so ordered. forceable intellectual property rules pense and time and reach a negotiated

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.165 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11139 outcome more satisfactory to all par- governed by this alternative royalty willing buyer and willing seller. This ticipants than the Librarian’s decision. structure and no broad principles concern stems from the DMCA’s statu- I also monitored closely the progress of should be extrapolated from the rates, tory license fee standard directing the negotiations between the RIAA and terms and record-keeping provisions CARP to establish rates and terms webcasters. On July 31, I sent a letter contained in the bill. The Copyright Of- ‘‘that most clearly represent the rates with Senator HATCH to Sound Ex- fice is presently engaged in a rule-mak- and terms that would have been nego- change, which was created by the RIAA ing on record-keeping and this bill does tiated in the marketplace between a to act as the agent for copyright hold- not supplant that ongoing process. willing buyer and a willing seller,’’ ers in negotiating the voluntary li- This legislation does three things to rather than a determination of censes with webcasters under the help small webcasters pay royalties ‘‘reasonable copyright royalty rates’’ DMCA and to serve as the receiving and stay in business. As one Vermont according to a set of balancing factors. agent for royalties under the CARP webcaster told me, ‘‘Although the per- This new webcasting standard may be process. The letter posed questions on centage of revenue is too high, at least having the unfortunate and unintended the status of the reported on-going ne- we have the option. A percentage of result that webcasters and copyright gotiations between RIAA/Sound Ex- revenue deal will enable [us] to stay in owners are concerned that the rates change and the smaller webcasters, the business moving forward, grow our au- and terms of any voluntary licensing terms being proposed and considered, dience, and compete.’’ agreements will be applied industry- and how likely the outcome of those First, the Librarian royalty rate is wide. The new webcasting standard ap- negotiations would be to produce via- based on a per performance formula, pears to be making all sides cautious ble deals for smaller webcasters, while which has the unfortunate effect of re- and reluctant to enter into, rather still satisfying the copyright commu- quiring webcasters to pay high fees for than facilitating, voluntary licensing nity. their use of music, even before the au- agreements. Reports on the progress of these ne- dience of the webcaster has grown to a Passage of this legislation does not gotiations were disappointing, which sufficient size to attract any appre- mean that our work is done. As this makes this legislation all the more im- ciable advertising revenues. Without webcasting issue has unfolded, I have portant. As a general principle, mar- any percentage of revenue option (as heard complaints from all sides about ketplace negotiations are the appro- provided by the legislation), the the fairness and completeness of proce- priate mechanism for determining the webcasting industry would be closed to dures employed in the arbitration. In- allocation of compensation among in- all but those with the substantial re- deed, the concerns of many small terested parties under copyright law. sources necessary to subsidize the busi- webcasters were never heard, since the Yet, we have made exceptions to this ness until the advertising revenue cost of participating in the proceedings general principle, as reflected in this caught up to the per performance roy- was prohibitively expensive and their legislation and the very compulsory li- alty rate. The bill provides a percent- ability to participate for free was cense provisions it amends. age of revenue option for small busi- barred by procedural rules. One thing The legislation reflects a compromise nesses with less than $500,000 in gross is clear: Compulsory licenses are no for all the parties directly affected by revenue in 2003 and $1.25 million dollars panacea and their implementation may this legislation—small webcasters that in 2004. The bill also provides for min- only invite more congressional inter- could not survive with the rates set by imum fees and a percentage of expenses vention. To avoid repeated requests for the Librarian and copyright owners floor on the royalties, to assure that the Congress or the courts to intercede, and performers who under this bill will copyright owners and artists receive we must make sure the procedures and give certain eligible webcasters an al- some payment for performance of their standards used to establish the royalty ternative royalty payment scheme. music. rates for the webcasting and other This legislation does not represent a Second, for noncommercial webcast- compulsory licenses produce fair, complete victory for any of these ers, such as college webcasters, the bill workable results. Next year, we should stakeholders. Artists and music labels corrects an anomaly in the Librarian’s focus attention on reforming the CARP may believe that they are forgoing sig- decision. Under that decision, non- process. nificant royalties under this legislation profit entities held FCC licenses were Mr. REID. Madam President, I ask and I appreciate that they are those in given a lower per performance rate unanimous consent that the Helms the webcasting business, who are either than were commercial entities. How- amendment at the desk be agreed to; not covered or not sufficiently helped ever, the decision made no such provi- the bill, as amended, be read a third by the bill, who believe that this legis- sion for noncommercial entities that time, passed, and the motion to recon- lation should do more. As one analyst were not FCC licenses. The bill extends sider be laid on the table, with no in- at the Radio and Internet Newsletter the lower rate to all nonprofit entities. tervening action or debate. stated, in the October 11, 2002 issue, Finally, the bill reduces the retro- The PRESIDING OFFICER. Without ‘‘Clearly, the ‘Small Webcaster Amend- active burden on many of the small objection, it is so ordered. ments Act of 2002’ (a/k/a H.R. 5469) is an commercial webcasters by allowing The amendment (No. 4955) was agreed imperfect bill that doesn’t fix every- them to make their payments based on to. thing for everybody . . . Still, overall, a percentage of revenue or percentage (The amendment is printed in today’s does it do more good than harm for of expense, but also allows both small RECORD under ‘‘Text of Amendments.’’) more people? My belief is that many commercial and noncommercial The bill (H.R. 5469), as amended, was are helped one way or the other and webcasters to pay these retroactive read the third time and passed. virtually no one is assured of being fees in three payments over the span of f hurt. Thus, the answer, on the whole, a year. would be yes.’’ To accommodate the concerns of art- MEASURE PLACED ON THE I know that most webcasters share ists and the RIAA, the bill provides for CALENDAR—H.J. RES. 124 my belief that artists and labels should the reporting of information about Mr. REID. Madam President, I ask be fairly compensated for use of their which songs were played by the small unanimous consent that H.J. Res. 124, creative works. This legislation pro- commercial webcasters. This informa- the continuing resolution just received vides both compensation to the copy- tion will be used to account properly from the House, be placed on the cal- right owners and helps to support the for the distribution of the royalties to endar. webcasting industry by offering more the copyright holders and the artists. The PRESIDING OFFICER. Without variable payment options to small A number of concerns have been objection, it is so ordered. webcasters than the one-size-fits all raised that the rate, terms and record- f per performance rate set out in the keeping provisions in the bill do not original CARP and Librarian decisions. constitute evidence of any rates, rate AFGHANISTAN FREEDOM SUPPORT The rates, terms and record-keeping structure fees, definitions, conditions ACT OF 2002 provisions are applicable only to the or terms that would have been nego- Mr. REID. Madam President, I ask parties that qualify for and elect to be tiated in the marketplace between a unanimous consent that the Senate

VerDate 0ct 31 2002 07:07 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.169 S14PT2 S11140 CONGRESSIONAL RECORD — SENATE November 14, 2002 proceed to the consideration of Cal- that advance the development of democratic cilitate, organize, develop, and implement endar No. 597, S. 2712. civil authorities and institutions in Afghani- projects and activities that meet the needs stan and the establishment of a new broad- of the Afghan people; The PRESIDING OFFICER. The ø clerk will report the bill by title. based, multi-ethnic, gender-sensitive, and (6) to foster the participation of civil soci- fully representative government in Afghani- ety in the establishment of the new Afghan The legislative clerk read as follows: stan. government in order to achieve a broad- A bill (S. 2712) to authorize economic and ø(2) The United States, in particular, based, multiethnic, gender-sensitive, fully democratic development assistance for Af- should provide its expertise to meet imme- representative government freely chosen by ghanistan and to authorize military assist- diate humanitarian and refugee needs, fight the Afghan people, without prejudice to any ance for Afghanistan and certain other for- the production and flow of illicit narcotics, decisions which may be freely taken by the eign countries. and aid in the reconstruction of Afghani- Afghan people about the precise form in There being no objection, the Senate stan’s agriculture, health care, civil service, which their government is to be organized in proceeded to consider the bill which financial, and educational systems. the future; ø ø(7) to support the reconstruction of Af- had been reported from the Committee (3) By promoting peace and security in Af- ghanistan and preventing a return to con- ghanistan through, among other things, pro- on Foreign Relations with an amend- flict, the United States and the international grams that create jobs, facilitate clearance ment to strike all after the enacting community can help ensure that Afghani- of landmines, and rebuild the agriculture clause and insert in lieu thereof the stan does not again become a source for sector, the health care system, and the edu- following: international terrorism. cational system of Afghanistan; and ø(8) to include specific resources to the [Strike the part shown in black brackets ø(4) The United States should support the Ministry for Women’s Affairs of Afghanistan and insert the part printed in Italic.] objectives agreed to on December 5, 2001, in Bonn, Germany, regarding the provisional to carry out its responsibilities for legal ad- S. 2712 arrangement for Afghanistan as it moves to- vocacy, education, vocational training, and Be it enacted by the Senate and House of Rep- ward the establishment of permanent insti- women’s health programs. resentatives of the United States of America in tutions and, in particular, should work in- øSEC. 103. PRINCIPLES OF ASSISTANCE. Congress assembled, tensively toward ensuring the future neu- øThe following principles should guide the øSECTION 1. SHORT TITLE; TABLE OF CONTENTS; trality of Afghanistan, establishing the prin- provision of assistance authorized by this DEFINITION. ciple that neighboring countries and other title: ø ø(a) SHORT TITLE.—This Act may be cited countries in the region do not threaten or (1) TERRORISM AND NARCOTICS CONTROL.— as the ‘‘Afghanistan Freedom Support Act of interfere in one another’s sovereignty, terri- Assistance should be designed to reduce the 2002’’. torial integrity, or political independence, likelihood of harm to United States and ø(b) TABLE OF CONTENTS.—The table of con- including supporting diplomatic initiatives other allied forces in Afghanistan and the re- tents for this Act is as follows: to support this goal. gion, the likelihood of additional acts of international terrorism emanating from Af- øSec. 1. Short title; table of contents; defini- ø(5) The special emergency situation in Af- ghanistan, and the cultivation, production, tion. ghanistan, which from the perspective of the trafficking, and use of illicit narcotics in Af- øTITLE I—ECONOMIC AND DEMOCRATIC American people combines security, humanitarian, political, law enforcement, and devel- ghanistan. DEVELOPMENT ASSISTANCE FOR AF- ø((2) ROLE OF WOMEN.—Assistance should GHANISTAN opment imperatives, requires that the Presi- dent should receive maximum flexibility in increase the participation of women at the ø national, regional, and local levels in Af- Sec. 101. Declaration of policy. designing, coordinating, and administering ø ghanistan, wherever feasible, by enhancing Sec. 102. Purposes of assistance. efforts with respect to assistance for Afghan- ø the role of women in decisionmaking proc- Sec. 103. Principles of assistance. istan and that a temporary special program ø esses, as well as by providing support for pro- Sec. 104. Authorization of assistance. of such assistance should be established for ø grams that aim to expand economic and edu- Sec. 105. Coordination of assistance. this purpose. ø cational opportunities and health programs Sec. 106. Administrative provisions. ø(6) To foster stability and democratiza- ø for women and educational and health pro- Sec. 107. Authorization of appropriations. tion and to effectively eliminate the causes grams for girls. øTITLE II—MILITARY ASSISTANCE FOR of terrorism, the United States and the ø(3) AFGHAN OWNERSHIP.—Assistance should AFGHANISTAN AND CERTAIN OTHER international community should also sup- FOREIGN COUNTRIES AND INTER- build upon Afghan traditions and practices. port efforts that advance the development of The strong tradition of community responsi- NATIONAL ORGANIZATIONS democratic civil authorities and institutions bility and self-reliance in Afghanistan øSec. 201. Support for security during tran- in the broader Central Asia region. should be built upon to increase the capacity sition in Afghanistan. øSEC. 102. PURPOSES OF ASSISTANCE. of the Afghan people and institutions to par- øSec. 202. Authorization of assistance. øThe purposes of assistance authorized by ticipate in the reconstruction of Afghani- øSec. 203. Eligible foreign countries and eli- this title are— stan. gible international organiza- ø(1) to help assure the security of the ø(4) STABILITY.—Assistance should encour- tions. United States and the world by reducing or age the restoration of security in Afghani- øSec. 204. Reimbursement for assistance. eliminating the likelihood of violence stan, including, among other things, the dis- øSec. 205. Authority to provide assistance. against United States or allied forces in Af- armament, demobilization, and reintegra- øSec. 206. Promoting secure delivery of hu- ghanistan and to reduce the chance that tion of combatants, and the establishment of manitarian and other assist- øAfghanistan will again be a source of inter- the rule of law, including the establishment ance in Afghanistan. national terrorism; of a police force and an effective, inde- øSec. 207. Sunset. ø(2) to support the continued efforts of the pendent judiciary. øTITLE III—ADDITIONAL REQUIREMENTS United States and the international commu- ø(5) COORDINATION.—Assistance should be WITH RESPECT TO ASSISTANCE FOR nity to address the humanitarian crisis in part of a larger donor effort for Afghanistan. AFGHANISTAN Afghanistan and among Afghan refugees in The magnitude of the devastation—natural øSec. 301. Prohibition on United States in- neighboring countries; and man-made—to institutions and infra- ø volvement in poppy cultivation (3) to fight the production and flow of il- structure make it imperative that there be or illicit narcotics growth, pro- licit narcotics, to control the flow of pre- close coordination and collaboration among duction, or trafficking. cursor chemicals used in the production of donors. The United States should endeavor øSec. 302. Requirement to report by certain heroin, and to enhance and bolster the ca- to assert its leadership to have the efforts of United States officials. pacities of Afghan governmental authorities international donors help achieve the pur- øSec. 303. Report by the President. to control poppy cultivation and related ac- poses established by this title. tivities; ø ø(c) DEFINITION.—In this Act, the term SEC. 104. AUTHORIZATION OF ASSISTANCE. ø ø ‘‘Government of Afghanistan’’ includes— (4) to help achieve a broad-based, multi- (a) IN GENERAL.—The President is author- ø(1) the government of any political sub- ethnic, gender-sensitive, and fully represent- ized to provide assistance for Afghanistan for division of Afghanistan; and ative government in Afghanistan that is the following activities: ø ø(2) any agency or instrumentality of the freely chosen by the people of Afghanistan (1) URGENT HUMANITARIAN NEEDS.—To as- Government of Afghanistan. and that respects the human rights of all Af- sist in meeting the urgent humanitarian ghans, particularly women, including au- needs of the people of Afghanistan, including ø TITLE I—ECONOMIC AND DEMOCRATIC thorizing assistance for the rehabilitation assistance such as— DEVELOPMENT ASSISTANCE FOR AF- and reconstruction of Afghanistan with a ø(A) emergency food, shelter, and medical GHANISTAN particular emphasis on meeting the edu- assistance; øSEC. 101. DECLARATION OF POLICY. cational, health, and sustenance needs of ø(B) clean drinking water and sanitation; øCongress makes the following declara- women and children to better enable their ø(C) preventative health care, including tions: full participation in Afghan society; childhood vaccination, therapeutic feeding, ø(1) The United States and the inter- ø(5) to support the Government of Afghani- maternal child health services, and infec- national community should support efforts stan in its development of the capacity to fa- tious diseases surveillance and treatment;

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ø(D) family tracing and reunification serv- IMPROVEMENT IN HEALTH CONDITIONS, AND THE governmental institutions, including pro- ices; and RECONSTRUCTION OF BASIC INFRASTRUCTURE.— grams designed to combat corruption and ø(E) clearance of landmines. To assist in expanding access to markets in other programs for the promotion of good ø(2) REPATRIATION AND RESETTLEMENT OF Afghanistan, to increase the availability of governance; REFUGEES AND INTERNALLY DISPLACED PER- food in markets in Afghanistan, to rehabili- ø(vii) support for an independent media; SONS.—To assist refugees and internally dis- tate the agriculture sector in Afghanistan by ø(viii) programs that support the expanded placed persons as they return to their home creating jobs for former combatants, return- participation of women and members of all communities in Afghanistan and to support ing refugees, and internally displaced per- ethnic groups in government at national, re- their reintegration into those communities, sons, to improve health conditions, and as- gional, and local levels; including assistance such as— sist in the rebuilding of basic infrastructure ø(ix) programs to strengthen civil society ø(A) assistance identified in paragraph (1); in Afghanistan, including assistance such organizations that promote human rights ø(B) assistance to communities, including as— and support human rights monitoring; those in neighboring countries, that have ø(A) rehabilitation of the agricultural in- ø(x) support for national, regional, and taken in large numbers of refugees in order frastructure, including irrigation systems local elections and political party develop- to rehabilitate or expand social, health, and and rural roads; ment; educational services that may have suffered ø(B) extension of credit; ø(xi) support for the effective administra- as a result of the influx of large numbers of ø(C) provision of critical agricultural in- tion of justice at the national, regional, and refugees; puts, such as seeds, tools, and fertilizer, and local levels, including the establishment of a ø(C) assistance to international organiza- strengthening of seed multiplication, certifi- responsible and community-based police tions and host governments in maintaining cation, and distribution systems; force; and security by screening refugees to ensure the ø(D) improvement in the quantity and ø(xii) support for establishment of a cen- exclusion of armed combatants, members of quality of water available through, among tral bank and central budgeting authority. foreign terrorist organizations, and other in- other things, rehabilitation of existing irri- ø(B) For each of the fiscal years 2003 dividuals not eligible for economic assist- gation systems and the development of local through 2005, not less than $10,000,000 of the ance from the United States; and capacity to manage irrigation systems; amount made available to carry out this ø ø (D) assistance for voluntary refugee repa- (E) livestock rehabilitation through mar- title should be made available for the pur- triation and reintegration inside Afghani- ket development and other mechanisms to poses of carrying out a traditional Afghan stan and continued assistance to those refu- distribute stocks to replace those stocks lost assembly or ‘‘Loya Jirga’’ and for support gees who are unable or unwilling to return, as a result of conflict or drought; for national, regional, and local elections ø and humanitarian assistance to internally (F) mine awareness and demining pro- and political party development under sub- displaced persons, including those persons grams and programs to assist mine victims, paragraph (A)(x). who need assistance to return to their war orphans, and widows; ø(6) MARKET ECONOMY.—To support the es- ø homes, through the United Nations High (G) programs relating to infant and young tablishment of a market economy, the estab- Commissioner for Refugees and other organi- child feeding, immunizations, vitamin A sup- lishment of private financial institutions, zations charged with providing such assist- plementation, and prevention and treatment the adoption of policies to promote foreign ance. of diarrheal diseases and respiratory infec- direct investment, the development of a ø(3) COUNTERNARCOTICS EFFORTS.—(A) To tions; basic telecommunication infrastructure, and assist in the eradication of poppy cultiva- ø(H) programs to improve maternal and the development of trade and other commer- tion, the disruption of heroin production, child health and reduce maternal and child cial links with countries in the region and and the reduction of the overall supply and mortality; with the United States, including policies demand for illicit narcotics in Afghanistan ø(I) programs to improve hygienic and to— and the region, with particular emphasis on sanitation practices and for the prevention ø(A) encourage the return of Afghanistan assistance to— and treatment of infectious diseases, such as citizens or nationals living abroad who have ø(i) eradicate opium poppy, establish crop tuberculosis and malaria; marketable and business-related skills; substitution programs, purchase nonopium ø(J) programs to reconstitute the delivery ø(B) establish financial institutions, in- products from farmers in opium-growing of health care, including the reconstruction areas, quick-impact public works programs of health clinics or other basic health infra- cluding credit unions, cooperatives, and to divert labor from narcotics production, structure, with particular emphasis on other entities providing microenterprise develop projects directed specifically at nar- health care for children who are orphans; credits and other income-generation pro- cotics production, processing, or trafficking ø(K) programs for housing, rebuilding grams for the poor, with particular emphasis areas to provide incentives to cooperation in urban infrastructure, and supporting basic on women; ø narcotics suppression activities, and related urban services; and (C) facilitate expanded trade with coun- programs; ø(L) disarmament, demobilization, and re- tries in the region; ø ø(ii) establish or provide assistance to one integration of armed combatants into soci- (D) promote and foster respect for basic or more entities within the Government of ety, particularly child soldiers. workers’ rights and protections against ex- Afghanistan, including the Afghan State ø(5) REESTABLISHMENT OF AFGHANISTAN AS ploitation of child labor; and ø High Commission for Drug Control, and to A VIABLE NATION-STATE.—(A) To assist in the (E) provide financing programs for the re- provide training and equipment for the enti- development of the capacity of the Govern- construction of Kabul and other major cities ties, to help enforce counternarcotics laws in ment of Afghanistan to meet the needs of the in Afghanistan. Afghanistan and limit illicit narcotics people of Afghanistan through, among other ø(b) LIMITATION.— growth, production, and trafficking in Af- things, support for the development and ex- ø(1) IN GENERAL.—Amounts made available ghanistan; pansion of democratic and market-based in- to carry out this title (except amounts made ø(iii) train and provide equipment for cus- stitutions, including assistance such as— available for assistance under paragraphs (1) toms, police, and other border control enti- ø(i) support for international organizations through (3) and subparagraphs (F) through ties in Afghanistan and the region relating that provide civil advisers to the Govern- (I) of paragraph (4) of subsection (a)) may be to illicit narcotics interdiction and relating ment of Afghanistan; provided only if the President first deter- to precursor chemical controls and interdic- ø(ii) support for an educated citizenry mines and certifies to Congress with respect tion to help disrupt heroin production in Af- through improved access to basic education, to the fiscal year involved that substantial ghanistan and the region; with particular emphasis on basic education progress has been made toward adopting a ø(iv) continue the annual opium crop sur- for children who are orphans, with particular constitution and establishing a democrat- vey and strategic studies on opium crop emphasis on basic education for children; ically elected government for Afghanistan. planting and farming in Afghanistan; and ø(iii) programs to enable the Government ø(2) WAIVER.— ø(v) reduce demand for illicit narcotics of Afghanistan to recruit and train teachers, ø(A) IN GENERAL.—The President may among the people of Afghanistan, including with special focus on the recruitment and waive the application of paragraph (1) if the refugees returning to Afghanistan. training of female teachers; President first determines and certifies to ø(B) For each of the fiscal years 2002 ø(iv) programs to enable the Government Congress that it is important to the national through 2005, $15,000,000 of the amount made of Afghanistan to develop school curriculum interest of the United States to do so. available to carry out this title is authorized that incorporates relevant information such ø(B) CONTENTS OF CERTIFICATION.—A cer- to be made available for a contribution to as landmine awareness, food security and ag- tification transmitted to Congress under the United Nations Drug Control Program ricultural education, human rights aware- subparagraph (A) shall include a written ex- for the purpose of carrying out activities de- ness, and civic education; planation of the basis for the determination scribed in clauses (i) through (v) of subpara- ø(v) support for the activities of the Gov- of the President to waive the application of graph (A). Amounts made available under ernment of Afghanistan to draft a new con- paragraph (1). the preceding sentence are in addition to stitution, other legal frameworks, and other øSEC. 105. COORDINATION OF ASSISTANCE. amounts otherwise available for such pur- initiatives to promote the rule of law in Af- ø(a) IN GENERAL.—The President is strong- poses. ghanistan; ly urged to designate, within the Depart- ø(4) REESTABLISHMENT OF FOOD SECURITY, ø(vi) support to increase the transparency, ment of State, a coordinator who shall be re- REHABILITATION OF THE AGRICULTURE SECTOR, accountability, and participatory nature of sponsible for—

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.172 S14PT2 S11142 CONGRESSIONAL RECORD — SENATE November 14, 2002 ø(1) designing an overall strategy to ad- this title may not be obligated until 15 days other support, and military education and vance United States interests in Afghani- after notification of the proposed obligation training that are acquired by contract or stan; of the funds has been provided to the con- otherwise. ø(2) ensuring program and policy coordina- gressional committees specified in section ø(b) AMOUNT OF ASSISTANCE.—The aggre- tion among agencies of the United States 634A of the Foreign Assistance Act of 1961 in gate value (as defined in section 644(m) of the Government in carrying out the policies set accordance with the procedures applicable to Foreign Assistance Act of 1961) of assistance forth in this title; reprogramming notifications under that sec- provided under subsection (a)(2) may not ex- ø(3) pursuing coordination with other tion. ceed $300,000,000, provided that such limita- countries and international organizations øSEC. 107. AUTHORIZATION OF APPROPRIATIONS. tion shall be increased by any amounts ap- with respect to assistance to Afghanistan; ø(a) IN GENERAL.—There are authorized to propriated pursuant to the authorization of ø(4) ensuring that United States assistance be appropriated to the President to carry out appropriations in section 204(b)(1). programs for Afghanistan are consistent this title $300,000,000 for each of the fiscal øSEC. 203. ELIGIBLE FOREIGN COUNTRIES AND with this title; years 2002 through 2004, and $250,000,000 for ELIGIBLE INTERNATIONAL ORGANI- ø(5) ensuring proper management, imple- fiscal year 2005. Amounts authorized to be ZATIONS. mentation, and oversight by agencies respon- appropriated pursuant to the preceding sen- ø(a) ELIGIBILITY FOR ASSISTANCE.— sible for assistance programs for Afghani- tence for fiscal year 2002 are in addition to ø(1) IN GENERAL.—Except as provided in stan; and amounts otherwise available for assistance paragraph (2), a foreign country or inter- ø(6) resolving policy and program disputes for Afghanistan. national organization shall be eligible to re- among United States Government agencies ø(b) AVAILABILITY.—Amounts appropriated ceive assistance under section 202 if such for- with respect to United States assistance for pursuant to the authorization of appropria- eign country or international organization is Afghanistan. tions under subsection (a) are— participating in or directly supporting ø(b) RANK AND STATUS OF THE COORDI- ø(1) authorized to remain available until United States military activities authorized NATOR.—The coordinator designated under expended; and under Public Law 107–40 or is participating subsection (a) shall have the rank and status ø(2) in addition to funds otherwise avail- in military, peacekeeping, or policing oper- of ambassador. able for such purposes, including, with re- ations in Afghanistan aimed at restoring or øSEC. 106. ADMINISTRATIVE PROVISIONS. spect to food assistance under section maintaining peace and security in that coun- ø(a) APPLICABLE ADMINISTRATIVE AUTHORI- 104(a)(1), funds available under title II of the try. ø TIES.—Except to the extent inconsistent with Agricultural Trade Development and Assist- (2) EXCEPTION.—No country the govern- the provisions of this title, the administra- ance Act of 1954, the Food for Progress Act of ment of which has been determined by the tive authorities under chapters 1 and 2 of 1985, and section 416(b) of the Agricultural Secretary of State to have repeatedly pro- part III of the Foreign Assistance Act of 1961 Act of 1949. vided support for acts of international ter- shall apply to the provision of assistance øTITLE II—MILITARY ASSISTANCE FOR AF- rorism under section 620A of the Foreign As- under this title to the same extent and in GHANISTAN AND CERTAIN OTHER FOR- sistance Act of 1961 (22 U.S.C. 2371), section the same manner as such authorities apply EIGN COUNTRIES AND INTERNATIONAL 6(j)(1) of the Export Administration Act of to the provision of economic assistance ORGANIZATIONS 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) under part I of such Act. øSEC. 201. SUPPORT FOR SECURITY DURING of the Arms Export Control Act (22 U.S.C. ø(b) USE OF THE EXPERTISE OF AFGHAN- TRANSITION IN AFGHANISTAN. 2780(d)) shall be eligible to receive assistance AMERICANS.—In providing assistance author- øIt is the sense of Congress that, during under section 202. ized by this title, the President should— the transition to a broad-based, multi-eth- ø(b) WAIVER.—The President may waive ø(1) maximize the use, to the extent fea- nic, gender-sensitive, fully representative the application of subsection (a)(2) if the sible, of the services of Afghan-Americans government in Afghanistan, the United President determines that it is important to who have expertise in the areas for which as- States should support— the national security interest of the United sistance is authorized by this title; and ø(1) the development of a civilian-con- States to do so. ø(2) in the awarding of contracts and trolled and centrally-governed standing Af- øSEC. 204. REIMBURSEMENT FOR ASSISTANCE. grants to implement activities authorized ghanistan army that respects human rights ø(a) IN GENERAL.—Defense articles, defense under this title, encourage the participation and prohibits the use of children as soldiers services, and military education and training of such Afghan-Americans (including organi- or combatants; provided under section 202(a)(2) shall be zations employing a significant number of ø(2) the creation and training of a profes- made available without reimbursement to such Afghan-Americans). sional civilian police force that respects the Department of Defense except to the ex- ø(c) DONATIONS OF MANUFACTURING EQUIP- human rights; and tent that funds are appropriated pursuant to MENT; USE OF LAND GRANT COLLEGES AND ø(3) a multinational security force in Af- the authorization of appropriations in sub- UNIVERSITIES.—In providing assistance au- ghanistan. section (b)(1). thorized by this title, the President, to the øSEC. 202. AUTHORIZATION OF ASSISTANCE. ø(b) AUTHORIZATION OF APPROPRIATIONS.— maximum extent practicable, should— ø(a) TYPES OF ASSISTANCE.— ø(1) IN GENERAL.—There are authorized to ø(1) encourage the donation of appropriate ø(1) IN GENERAL.—(A) To the extent that be appropriated to the President such sums excess or obsolete manufacturing and related funds are appropriated in any fiscal year for as may be necessary to reimburse the appli- equipment by United States businesses the purposes of this Act, the President may cable appropriation, fund, or account for the (including small businesses) for the recon- provide, consistent with existing United value (as defined in section 644(m) of the For- struction of Afghanistan; and States statutes, defense articles, defense eign Assistance Act of 1961) of defense arti- ø(2) utilize research conducted by United services, counter-narcotics, crime control cles, defense services, or military education States land grant colleges and universities and police training services, and other sup- and training provided under section 202(a)(2). and the technical expertise of professionals port (including training) to the Government ø(2) AVAILABILITY.—Amounts appropriated within those institutions, particularly in the of Afghanistan. pursuant to the authorization of appropria- areas of agriculture and rural development. ø(B) To the extent that funds are appro- tions under paragraph (1) are authorized to ø(d) ADMINISTRATIVE EXPENSES.—Not more priated in any fiscal year for these purposes, remain available until expended, and are in than 5 percent of the amount made available the President may provide, consistent with addition to amounts otherwise available for to a Federal department or agency to carry existing United States statutes, defense arti- the purposes described in this title. out this title for a fiscal year may be used by cles, defense services, and other support øSEC. 205. ELIGIBLE FOREIGN COUNTRIES AND the department or agency for administrative (including training) to eligible foreign coun- ELIGIBLE INTERNATIONAL ORGANI- expenses in connection with such assistance. tries and eligible international organiza- ZATIONS. ø(e) MONITORING.— tions. ø(a) AUTHORITY.—The President may pro- ø(1) COMPTROLLER GENERAL.—The Comp- ø(C) The assistance authorized under sub- vide assistance under this title to any eligi- troller General shall monitor the provision paragraph (B) shall be used for directly sup- ble foreign country or eligible international of assistance under this title. porting the activities described in section organization if the President determines ø(2) INSPECTOR GENERAL OF USAID.— 203. that such assistance is important to the na- ø(A) IN GENERAL.—The Inspector General of ø(2) DRAWDOWN AUTHORITY.—The President tional security interest of the United States the United States Agency for International is authorized to direct the drawdown of de- and notifies the Committee on International Development shall conduct audits, inspec- fense articles, defense services, and military Relations of the House of Representatives tions, and other activities, as appropriate, education and training for the Government and the Committee on Foreign Relations of associated with the expenditure of the funds of Afghanistan, eligible foreign countries, the Senate of such determination at least 15 to carry out this title. and eligible international organizations. days in advance of providing such assistance. ø(B) FUNDING.—Not more than $1,500,000 of ø(3) AUTHORITY TO ACQUIRE BY CONTRACT OR ø(b) NOTIFICATION.—The report described in the amount made available to carry out this OTHERWISE.—The assistance authorized under subsection (a) shall be submitted in classi- title for a fiscal year shall be made available paragraphs (1) and (2) and under Public Law fied and unclassified form and shall include to carry out subparagraph (A). 105–338 may include the supply of defense ar- information relating to the type and amount ø(f) CONGRESSIONAL NOTIFICATION PROCE- ticles, defense services, counter-narcotics, of assistance proposed to be provided and the DURES.—Funds made available to carry out crime control and police training services, actions that the proposed recipient of such

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.172 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11143 assistance has taken or has committed to hospitals to happen, for roads to happen, for narcotics in Afghanistan in accordance with take. refugees to come back, for people to be fed the provisions of this Act.¿ øSEC. 206. PROMOTING SECURE DELIVERY OF and humanitarian workers to move on the SECTION 1. SHORT TITLE; TABLE OF CONTENTS; HUMANITARIAN AND OTHER ASSIST- country . . . [y]ou’ve got to have security’’. DEFINITION. ANCE IN AFGHANISTAN. ø(b) STATEMENT OF POLICY.—It should be (a) SHORT TITLE.—This Act may be cited as ø (a) FINDINGS.—Congress finds the fol- the policy of the United States to support the ‘‘Afghanistan Freedom Support Act of lowing: measures to help meet the immediate secu- 2002’’. ø (1) The President has declared his view rity needs of Afghanistan in order to pro- (b) TABLE OF CONTENTS.—The table of con- that the United States should provide sig- mote safe and effective delivery of humani- tents for this Act is as follows: nificant assistance to Afghanistan so that it tarian and other assistance throughout Af- Sec. 1. Short title; table of contents; definition. never again becomes a haven for terrorism. ghanistan, further the rule of law and civil TITLE I—ECONOMIC AND DEMOCRATIC ø(2) The delivery of humanitarian and re- order, and support the formation of a func- DEVELOPMENT ASSISTANCE FOR AF- construction assistance from the inter- tioning, representative Afghan national gov- GHANISTAN national community is necessary for the safe ernment. return of refugees and is critical to the fu- ø(c) PREPARATION OF STRATEGY.—Not later Sec. 101. Declaration of policy. ture stability of Afghanistan. than 45 days after the date of the enactment Sec. 102. Purposes of assistance. ø(3) Enhanced stability in Afghanistan of this Act, and every six months thereafter, Sec. 103. Principles of assistance. through an improved security environment the President shall transmit to the Com- Sec. 104. Authorization of assistance. is critical to the fostering of the Afghan In- mittee on International Relations and the Sec. 105. Coordination of assistance. terim Authority and the traditional Afghan Committee on Appropriations of the House Sec. 106. Administrative provisions. assembly or ‘‘Loya Jirga’’ process, which is of Representatives and the Committee on Sec. 107. Relationship to other authority. intended to lead to a permanent national Foreign Relations and the Committee on Ap- Sec. 108. Authorization of appropriations. government in Afghanistan, and also is es- propriations of the Senate a strategy for TITLE II—MILITARY ASSISTANCE FOR AF- sential for the participation of women in Af- meeting the immediate and long-term secu- GHANISTAN AND CERTAIN OTHER FOR- ghan society. rity needs of Afghanistan in order to pro- EIGN COUNTRIES AND INTERNATIONAL ø (4) Incidents of violence between armed mote safe and effective delivery of humani- ORGANIZATIONS factions and local and regional commanders, tarian and other assistance throughout Af- Sec. 201. Support for security during transition and serious abuses of human rights, includ- ghanistan, further the rule of law and civil in Afghanistan. ing attacks on women and ethnic minorities order, and support the formation of a func- Sec. 202. Authorization of assistance. throughout Afghanistan, create an insecure, tioning, representative Afghan national gov- Sec. 203. Eligible foreign countries and eligible volatile, and unsafe environment in parts of ernment. international organizations. Afghanistan, displacing thousands of Afghan ø Sec. 204. Reimbursement for assistance. civilians from their local communities. SEC. 207. SUNSET. ø Sec. 205. Congressional notification require- ø(5) The violence and lawlessness may jeop- The authority of this title shall expire ments. ardize the ‘‘Loya Jirga’’ process, undermine after December 31, 2004. Sec. 206. Promoting secure delivery of humani- efforts to build a strong central government, øTITLE III—ADDITIONAL REQUIREMENTS tarian and other assistance in Af- severely impede reconstruction and the de- WITH RESPECT TO ASSISTANCE FOR AF- ghanistan. livery of humanitarian assistance, and in- GHANISTAN Sec. 207. Relationship to other authority. crease the likelihood that parts of Afghani- øSEC. 301. PROHIBITION ON UNITED STATES IN- Sec. 208. Sense of Congress regarding expansion stan will once again become safe havens for VOLVEMENT IN POPPY CULTIVA- of the International Security As- al-Qaida, Taliban forces, and drug traf- TION OR ILLICIT NARCOTICS sistance Force; authorization of fickers. GROWTH, PRODUCTION, OR TRAF- appropriations. ø(6) The lack of security and lawlessness FICKING. Sec. 209. Sunset. may also perpetuate the need for United øNo officer or employee of any Federal de- (c) DEFINITION.—In this Act, the term States Armed Forces in Afghanistan and partment or agency who is involved in the ‘‘Government of Afghanistan’’ includes— threaten the ability of the United States to provision of assistance under this Act may (1) the government of any political subdivision meet its military objectives. knowingly encourage or participate in poppy of Afghanistan; and ø(7) The International Security Assistance cultivation or illicit narcotics growth, pro- (2) any agency or instrumentality of the Gov- Force in Afghanistan, currently led by Tur- duction, or trafficking in Afghanistan. No ernment of Afghanistan. key, and composed of forces from other will- United States military or civilian aircraft or ing countries without the participation of other United States vehicle that is used with TITLE I—ECONOMIC AND DEMOCRATIC United States Armed Forces, is deployed respect to the provision of assistance under DEVELOPMENT ASSISTANCE FOR AF- only in Kabul and currently does not have this Act may be used to facilitate the dis- GHANISTAN the mandate or the capacity to provide secu- tribution of poppies or illicit narcotics in Af- SEC. 101. DECLARATION OF POLICY. rity to other parts of Afghanistan. ghanistan. Congress makes the following declarations: ø(8) Due to the ongoing military campaign øSEC. 302. REQUIREMENT TO REPORT BY CER- (1) The United States and the international in Afghanistan, the United States does not TAIN UNITED STATES OFFICIALS. community should support efforts that advance contribute troops to the International Secu- ø(a) REQUIREMENT.—An officer or employee the development of democratic civil authorities rity Assistance Force but has provided sup- of any Federal department or agency in- and institutions in Afghanistan and the estab- port to other countries that are doing so. volved in the provision of assistance under lishment of a new broad-based, multi-ethnic, ø(9) The United States is providing polit- this Act and having knowledge of facts or gender-sensitive, and fully representative gov- ical, financial, training, and other assistance circumstances that reasonably indicate that ernment in Afghanistan. to the Afghan Interim Authority as it begins any agency or instrumentality of the Gov- (2) The United States, in particular, should to build a national army and police force to ernment of Afghanistan, or any other indi- provide its expertise to meet immediate humani- help provide security throughout Afghani- vidual (including an individual who exercises tarian and refugee needs, fight the production stan, but this effort is not meeting the im- civil power by force over a limited region) or and flow of illicit narcotics, and aid in the remediate security needs of Afghanistan. organization in Afghanistan, that receives construction of Afghanistan. ø(10) Because of these immediate security assistance under this Act is involved in (3) By promoting peace and security in Af- needs, the Afghan Interim Authority, its poppy cultivation or illicit narcotics growth, ghanistan and preventing a return to conflict, Chairman, Hamid Karzai, and many Afghan production, or trafficking shall, notwith- the United States and the international commu- regional leaders have called for the Inter- standing any memorandum of understanding nity can help ensure that Afghanistan does not national Security Assistance Force, which or other agreement to the contrary, report again become a source for international ter- has successfully brought stability to Kabul, such knowledge or facts to the appropriate rorism. to be expanded and deployed throughout the official. (4) The United States should support the ob- country, and this request has been strongly ø(b) DEFINITION.—In this section, the term jectives agreed to on December 5, 2001, in Bonn, supported by a wide range of international ‘‘appropriate official’’ means the Attorney Germany, regarding the provisional arrange- humanitarian organizations, including the General, the Inspector General of the Fed- ment for Afghanistan as it moves toward the es- International Committee of the Red Cross, eral department or agency involved, or the tablishment of permanent institutions and, in Catholic Relief Services, and Refugees Inter- head of such department or agency. particular, should work intensively toward en- national. øSEC. 303. REPORT BY THE PRESIDENT. suring the future neutrality of Afghanistan, es- ø(11)(A) On January 29, 2002, the President øNot later than 6 months after the date of tablishing the principle that neighboring coun- stated that ‘‘[w]e will help the new Afghan the enactment of this Act, and annually tries and other countries in the region do not government provide the security that is the thereafter, the President shall transmit to threaten or interfere in one another’s sov- foundation of peace’’. Congress a written report on the progress of ereignty, territorial integrity, or political inde- ø(B) On March 25, 2002, the Secretary of De- the Government of Afghanistan toward the pendence, including supporting diplomatic ini- fense stated, with respect to the reconstruc- eradication of poppy cultivation, the disrup- tiatives to support this goal. tion of Afghanistan, that ‘‘the first thing . . tion of heroin production, and the reduction (5) The special emergency situation in Af- . you need for anything else to happen, for of the overall supply and demand for illicit ghanistan, which from the perspective of the

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00111 Fmt 4624 Sfmt 6333 E:\CR\FM\A14NO6.172 S14PT2 S11144 CONGRESSIONAL RECORD — SENATE November 14, 2002 American people combines security, humani- by providing support for programs that aim to pact public works programs to divert labor from tarian, political, law enforcement, and develop- expand economic and educational opportunities narcotics production, develop projects directed ment imperatives, requires that the President and health programs for women and edu- specifically at narcotics production, processing, should receive maximum flexibility in designing, cational and health programs for girls. or trafficking areas to provide incentives to co- coordinating, and administering efforts with re- (3) AFGHAN OWNERSHIP.—Assistance should operation in narcotics suppression activities, spect to assistance for Afghanistan and that a build upon Afghan traditions and practices. The and related programs; temporary special program of such assistance strong tradition of community responsibility and (ii) establish or provide assistance to one or should be established for this purpose. self-reliance in Afghanistan should be built more entities within the Government of Afghani- (6) To foster stability and democratization and upon to increase the capacity of the Afghan stan, including the Afghan State High Commis- to effectively eliminate the causes of terrorism, people and institutions to participate in the re- sion for Drug Control, and to provide training the United States and the international commu- construction of Afghanistan. and equipment for the entities, to help enforce nity should also support efforts that advance (4) STABILITY.—Assistance should encourage counternarcotics laws in Afghanistan and limit the development of democratic civil authorities the restoration of security in Afghanistan, in- illicit narcotics growth, production, and traf- and institutions in the broader Central Asia re- cluding, among other things, the disarmament, ficking in Afghanistan; gion. demobilization, and reintegration of combat- (iii) train and provide equipment for customs, SEC. 102. PURPOSES OF ASSISTANCE. ants, and the establishment of the rule of law, police, and other border control entities in Af- The purposes of assistance authorized by this including the establishment of a police force and ghanistan and the region relating to illicit nar- title are— an effective, independent judiciary. cotics interdiction and relating to precursor (1) to help assure the security of the United (5) COORDINATION.—Assistance should be part chemical controls and interdiction to help dis- States and the world by reducing or eliminating of a larger donor effort for Afghanistan. The rupt heroin production in Afghanistan and the the likelihood of violence against United States magnitude of the devastation—natural and region; or allied forces in Afghanistan and to reduce man-made—to institutions and infrastructure (iv) continue the annual opium crop survey the chance that Afghanistan will again be a make it imperative that there be close coordina- and strategic studies on opium crop planting source of international terrorism; tion and collaboration among donors. The and farming in Afghanistan; and (2) to support the continued efforts of the United States should endeavor to assert its lead- (v) reduce demand for illicit narcotics among United States and the international community ership to have the efforts of international do- the people of Afghanistan, including refugees to address the humanitarian crisis in Afghani- nors help achieve the purposes established by returning to Afghanistan. stan and among Afghan refugees in neighboring this title. (B) For each of the fiscal years 2002 through 2005, $15,000,000 of the amount made available countries; SEC. 104. AUTHORIZATION OF ASSISTANCE. to carry out this title is authorized to be made (3) to fight the production and flow of illicit (a) IN GENERAL.—Notwithstanding any other available for a contribution to the United Na- narcotics, to control the flow of precursor provision of law, the President is authorized to tions Drug Control Program for the purpose of chemicals used in the production of heroin, and provide assistance for Afghanistan for the fol- carrying out activities described in clauses (i) to enhance and bolster the capacities of Afghan lowing activities: through (v) of subparagraph (A). Amounts made governmental authorities to control poppy cul- (1) URGENT HUMANITARIAN NEEDS.—To assist available under the preceding sentence are in tivation and related activities; in meeting the urgent humanitarian needs of the addition to amounts otherwise available for (4) to help achieve a broad-based, multi-eth- people of Afghanistan, including assistance such purposes. nic, gender-sensitive, and fully representative such as— (4) REESTABLISHMENT OF FOOD SECURITY, RE- government in Afghanistan that is freely chosen (A) emergency food, shelter, and medical as- HABILITATION OF THE AGRICULTURE SECTOR, IM- by the people of Afghanistan and that respects sistance; PROVEMENT IN HEALTH CONDITIONS, AND THE RE- the human rights of all Afghans, particularly (B) clean drinking water and sanitation; CONSTRUCTION OF BASIC INFRASTRUCTURE.—To women, including authorizing assistance for the (C) preventative health care, including child- assist in expanding access to markets in Af- rehabilitation and reconstruction of Afghani- hood vaccination, therapeutic feeding, maternal ghanistan, to increase the availability of food in stan with a particular emphasis on meeting the child health services, and infectious diseases markets in Afghanistan, to rehabilitate the agri- educational, health, and sustenance needs of surveillance and treatment; culture sector in Afghanistan by creating jobs women and children to better enable their full (D) family tracing and reunification services; for former combatants, returning refugees, and participation in Afghan society; and internally displaced persons, to improve health (5) to support the Government of Afghanistan (E) clearance of landmines. conditions, and assist in the rebuilding of basic in its development of the capacity to facilitate, (2) REPATRIATION AND RESETTLEMENT OF REF- infrastructure in Afghanistan, including assist- organize, develop, and implement projects and UGEES AND INTERNALLY DISPLACED PERSONS.—To activities that meet the needs of the Afghan peo- ance such as— assist refugees and internally displaced persons (A) rehabilitation of the agricultural infra- ple; as they return to their home communities in Af- structure, including irrigation systems and rural (6) to foster the participation of civil society in ghanistan and to support their reintegration the establishment of the new Afghan govern- roads; into those communities, including assistance (B) extension of credit; ment in order to achieve a broad-based, multi- such as— (C) provision of critical agricultural inputs, ethnic, gender-sensitive, fully representative (A) assistance identified in paragraph (1); such as seeds, tools, and fertilizer, and strength- government freely chosen by the Afghan people, (B) assistance to communities, including those ening of seed multiplication, certification, and without prejudice to any decisions which may in neighboring countries, that have taken in distribution systems; be freely taken by the Afghan people about the large numbers of refugees in order to rehabili- (D) improvement in the quantity and quality precise form in which their government is to be tate or expand social, health, and educational of water available through, among other things, organized in the future; services that may have suffered as a result of rehabilitation of existing irrigation systems and (7) to support the reconstruction of Afghani- the influx of large numbers of refugees; the development of local capacity to manage ir- stan through, among other things, programs (C) assistance to international organizations rigation systems; that create jobs, facilitate clearance of land- and host governments in maintaining security (E) livestock rehabilitation through market mines, and rebuild the agriculture sector, the by screening refugees to ensure the exclusion of development and other mechanisms to distribute health care system, and the educational system armed combatants, members of foreign terrorist stocks to replace those stocks lost as a result of of Afghanistan; and organizations, and other individuals not eligible conflict or drought; (8) to provide resources to the Ministry for for economic assistance from the United States; (F) mine awareness and demining programs Women’s Affairs of Afghanistan to carry out its and and programs to assist mine victims, war or- responsibilities for legal advocacy, education, (D) assistance for voluntary refugee repatri- phans, and widows; vocational training, and women’s health pro- ation and reintegration inside Afghanistan and (G) programs relating to infant and young grams. continued assistance to those refugees who are child feeding, immunizations, vitamin A sup- SEC. 103. PRINCIPLES OF ASSISTANCE. unable or unwilling to return, and humani- plementation, and prevention and treatment of The following principles should guide the pro- tarian assistance to internally displaced per- diarrheal diseases and respiratory infections; vision of assistance authorized by this title: sons, including those persons who need assist- (H) programs to improve maternal and child (1) TERRORISM AND NARCOTICS CONTROL.—As- ance to return to their homes, through the health and reduce maternal and child mortality; sistance should be designed to reduce the likeli- United Nations High Commissioner for Refugees (I) programs to improve hygienic and sanita- hood of harm to United States and other allied and other organizations charged with providing tion practices and for the prevention and treat- forces in Afghanistan and the region, the likeli- such assistance. ment of infectious diseases, such as tuberculosis hood of additional acts of international ter- (3) COUNTERNARCOTICS EFFORTS.—(A) To as- and malaria; rorism emanating from Afghanistan, and the sist in the eradication of poppy cultivation, the (J) programs to reconstitute the delivery of cultivation, production, trafficking, and use of disruption of heroin production, and the reduc- health care, including the reconstruction of illicit narcotics in Afghanistan. tion of the overall supply and demand for illicit health clinics or other basic health infrastruc- (2) ROLE OF WOMEN.—Assistance should in- narcotics in Afghanistan and the region, with ture, with particular emphasis on health care crease the participation of women at the na- particular emphasis on assistance to— for children who are orphans; tional, regional, and local levels in Afghanistan, (i) eradicate opium poppy, establish crop sub- (K) programs for housing, rebuilding urban wherever feasible, by enhancing the role of stitution programs, purchase nonopium products infrastructure, and supporting basic urban serv- women in decisionmaking processes, as well as from farmers in opium-growing areas, quick-im- ices; and

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(L) disarmament, demobilization, and re- (E) provide financing programs for the recon- (c) ENTERPRISE FUND.— integration of armed combatants into society, struction of Kabul and other major cities in Af- (1) AUTHORIZATION OF APPROPRIATIONS.—In particularly child soldiers. ghanistan. addition to funds otherwise available for such (5) REESTABLISHMENT OF AFGHANISTAN AS A (7) ASSISTANCE TO WOMEN AND GIRLS.— purpose, there are authorized to be appropriated VIABLE NATION-STATE.—(A) To assist in the de- (A) ASSISTANCE OBJECTIVES.—To assist women to the President for an enterprise fund for Af- velopment of the capacity of the Government of and girls in Afghanistan in the areas of political ghanistan $300,000,000 for fiscal year 2003, Afghanistan to meet the needs of the people of and human rights, health care, education, $100,000,000 for fiscal year 2004, and $100,000,000 Afghanistan through, among other things, sup- training, security, and shelter, with particular for fiscal year 2005. The provisions contained in port for the development and expansion of emphasis on assistance— section 201 of the Support for East European democratic and market-based institutions, in- (i) to support construction of, provide equip- Democracy (SEED) Act of 1989 (excluding the cluding assistance such as— ment and medical supplies to, and otherwise fa- authorizations of appropriations provided in (i) support for international organizations cilitate the establishment and rehabilitation of, subsection (b) of that section) shall apply with that provide civil advisers to the Government of health care facilities in order to improve the respect to such enterprise fund and to funds Afghanistan; health care of women, children, and infants; made available to such enterprise fund under (ii) support for an educated citizenry through (ii) to expand immunization programs for this subsection. improved access to basic education, with par- women and children; (2) AVAILABILITY OF FUNDS.—Amounts appro- ticular emphasis on basic education for children (iii) to establish, maintain, and expand pri- priated pursuant to paragraph (1) are author- who are orphans, with particular emphasis on mary and secondary schools for girls that in- ized to remain available until expended. basic education for children; clude mathematics, science, and languages in SEC. 105. COORDINATION OF ASSISTANCE. (iii) programs to enable the Government of Af- their primary curriculum; (a) IN GENERAL.—The President is strongly ghanistan to recruit and train teachers, with (iv) to develop and expand technical and vo- urged to designate, within the Department of special focus on the recruitment and training of cational training programs and income-genera- State, a coordinator who shall be responsible female teachers; tion projects for women; for— (iv) programs to enable the Government of Af- (v) to provide special educational opportuni- (1) designing an overall strategy to advance ghanistan to develop school curriculum that in- ties for girls whose schooling was ended by the United States interests in Afghanistan; corporates relevant information such as land- Taliban, and to support the ability of women to mine awareness, food security and agricultural (2) ensuring program and policy coordination have access to higher education; among agencies of the United States Govern- education, human rights awareness, and civic (vi) to develop and implement programs to ment in carrying out the policies set forth in education; protect women and girls against sexual and this title; (v) support for the activities of the Govern- physical abuse, abduction, trafficking, exploi- ment of Afghanistan to draft a new constitu- (3) pursuing coordination with other countries tation, and sex discrimination in the delivery of and international organizations with respect to tion, other legal frameworks, and other initia- humanitarian supplies and services; assistance to Afghanistan; tives to promote the rule of law in Afghanistan; (vii) to provide emergency shelters for women (4) ensuring that United States assistance pro- (vi) support to increase the transparency, ac- and girls who face danger from violence; grams for Afghanistan are consistent with this countability, and participatory nature of gov- (viii) to direct humanitarian assistance to title; ernmental institutions, including programs de- widows, who make up a very large and needy (5) ensuring proper management, implementa- signed to combat corruption and other programs population in war-torn Afghanistan; tion, and oversight by agencies responsible for for the promotion of good governance; (ix) to support the work of women-led and assistance programs for Afghanistan; and (vii) support for an independent media; local nongovernmental organizations with dem- (6) resolving policy and program disputes (viii) programs that support the expanded onstrated experience in delivering services to Af- among United States Government agencies with participation of women and members of all eth- ghan women and children; respect to United States assistance for Afghani- nic groups in government at national, regional, (x) to disseminate information throughout Af- stan. and local levels; ghanistan on the rights of women and on inter- (ix) programs to strengthen civil society orga- (b) RANK AND STATUS OF THE COORDINATOR.— national standards of human rights; The coordinator designated under subsection (a) nizations that promote human rights and sup- (xi) to provide women’s rights and human shall have the rank and status of ambassador. port human rights monitoring; rights training for military, police, and legal (x) support for national, regional, and local personnel; and SEC. 106. ADMINISTRATIVE PROVISIONS. elections and political party development; (a) APPLICABLE ADMINISTRATIVE AUTHORI- (xi) support for the effective administration of (xii) to support the National Human Rights Commission in programs to promote women’s TIES.—Except to the extent inconsistent with the justice at the national, regional, and local lev- provisions of this title, the administrative au- els, including the establishment of a responsible rights and human rights and in the investigation and monitoring of women’s rights and thorities under chapters 1 and 2 of part III of and community-based police force; the Foreign Assistance Act of 1961 shall apply to (xii) support for establishment of a central human rights abuses. the provision of assistance under this title to the bank and central budgeting authority; and (B) AVAILABILITY OF FUNDS.—For each of the (xiii) assistance in identifying and surveying fiscal years 2002 through 2005— same extent and in the same manner as such au- key road and rail routes essential for economic (i) $15,000,000 of the total amount made avail- thorities apply to the provision of economic as- renewal in Afghanistan and the region, support able for such fiscal year to carry out this title is sistance under part I of such Act. (b) USE OF THE EXPERTISE OF AFGHAN-AMERI- in reconstructing those routes, and support for authorized to be made available to the Afghan the establishment of a customs service and Ministry of Women’s Affairs; and CANS.—In providing assistance authorized by training for customs officers. (ii) $5,000,000 of the total amount made avail- this title, the President should— (B) For each of the fiscal years 2003 through able for such fiscal year to carry out this title is (1) maximize the use, to the extent feasible, of 2005, not less than $10,000,000 of the amount authorized to be made available to the National the services of Afghan-Americans who have ex- made available to carry out this title should be Human Rights Commission of Afghanistan. pertise in the areas for which assistance is au- made available for the purposes of carrying out (C) RELATION TO OTHER AVAILABLE FUNDS.— thorized by this title; and a traditional Afghan assembly or ‘‘Loya Jirga’’ Amounts made available under subparagraph (2) in the awarding of contracts and grants to and for support for national, regional, and local (B) are in addition to amounts otherwise avail- implement activities authorized under this title, elections and political party development under able for such purposes. encourage the participation of such Afghan- subparagraph (A)(x). (b) LIMITATION.— Americans (including organizations employing a (6) MARKET ECONOMY.—To support the estab- (1) IN GENERAL.—Amounts made available to significant number of such Afghan-Americans). lishment of a market economy, the establishment carry out this title (except amounts made avail- (c) DONATIONS OF MANUFACTURING EQUIP- of private financial institutions, the adoption of able for assistance under paragraphs (1) MENT; USE OF LAND GRANT COLLEGES AND UNI- policies to promote foreign direct investment, the through (3) and subparagraphs (F) through (I) VERSITIES.—In providing assistance authorized development of a basic telecommunication infra- of paragraph (4) of subsection (a)) may be pro- by this title, the President, to the maximum ex- structure, and the development of trade and vided only if the President first determines and tent practicable, should— other commercial links with countries in the re- certifies to Congress with respect to the fiscal (1) encourage the donation of appropriate ex- gion and with the United States, including poli- year involved that progress is being made to- cess or obsolete manufacturing and related cies to— ward adopting a constitution and establishing a equipment by United States businesses (A) encourage the return of Afghanistan citi- democratically elected government for Afghani- (including small businesses) for the reconstruc- zens or nationals living abroad who have mar- stan. tion of Afghanistan; and ketable and business-related skills; (2) WAIVER.— (2) utilize research conducted by United States (B) establish financial institutions, including (A) IN GENERAL.—The President may waive land grant colleges and universities and the credit unions, cooperatives, and other entities the application of paragraph (1) if the President technical expertise of professionals within those providing microenterprise credits and other in- first determines and certifies to Congress that it institutions, particularly in the areas of agri- come-generation programs for the poor, with is important to the national interest of the culture and rural development. particular emphasis on women; United States to do so. (d) ADMINISTRATIVE EXPENSES.—Amounts (C) facilitate expanded trade with countries in (B) CONTENTS OF CERTIFICATION.—A certifi- made available to carry out this title may be the region; cation transmitted to Congress under subpara- made available to a Federal department or agen- (D) promote and foster respect for basic work- graph (A) shall include a written explanation of cy for administrative expenses incurred by the ers’ rights and protections against exploitation the basis for the determination of the President department or agency in connection with the of child labor; and to waive the application of paragraph (1). providing of assistance under this title.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 E:\CR\FM\A14NO6.172 S14PT2 S11146 CONGRESSIONAL RECORD — SENATE November 14, 2002

(e) MONITORING.— vided under subsection (a) may not exceed munity is necessary for the safe return of refu- (1) COMPTROLLER GENERAL.—The Comptroller $300,000,000, except that such limitation shall be gees and is critical to the future stability of Af- General shall monitor the provision of assist- increased by any amounts appropriated pursu- ghanistan. ance under this title. ant to the authorization of appropriations in (3) Enhanced stability in Afghanistan (2) INSPECTOR GENERAL OF USAID.— section 204(b)(1). through an improved security environment is (A) IN GENERAL.—The Inspector General of SEC. 203. ELIGIBLE FOREIGN COUNTRIES AND EL- critical to the fostering of the Afghan Interim the United States Agency for International De- IGIBLE INTERNATIONAL ORGANIZA- Authority and the traditional Afghan assembly velopment shall conduct audits, inspections, TIONS. or ‘‘Loya Jirga’’ process, which is intended to and other activities, as appropriate, associated (a) ELIGIBILITY FOR ASSISTANCE.— lead to a permanent national government in Af- with the expenditure of the funds to carry out (1) IN GENERAL.—Except as provided in para- ghanistan, and also is essential for the partici- this title. graph (2), a foreign country or international or- pation of women in Afghan society. (B) FUNDING.—Not more than $1,500,000 of the ganization shall be eligible to receive assistance (4) Incidents of violence between armed fac- amount made available to carry out this title for under section 202 if— tions and local and regional commanders, and a fiscal year shall be made available to carry (A) such country or organization is partici- serious abuses of human rights, including at- out subparagraph (A). pating in military, peacekeeping, or policing op- tacks on women and ethnic minorities through- (f) PRIORITY FOR DIRECT ASSISTANCE TO THE erations in Afghanistan aimed at restoring or out Afghanistan, create an insecure, volatile, GOVERNMENT OF AFGHANISTAN.—To the max- maintaining peace and security in that country; and unsafe environment in parts of Afghani- imum extent practicable, assistance authorized and stan, displacing thousands of Afghan civilians under this title should be provided directly to (B) such assistance is provided specifically for from their local communities. the Government of Afghanistan (including any such operations in Afghanistan. (5) The violence and lawlessness may jeop- appropriate ministry thereof). (2) EXCEPTION.—No country the government ardize the ‘‘Loya Jirga’’ process, undermine ef- SEC. 107. RELATIONSHIP TO OTHER AUTHORITY. of which has been determined by the Secretary forts to build a strong central government, se- The authority to provide assistance under this of State to have repeatedly provided support for verely impede reconstruction and the delivery of title is in addition to any other authority to pro- acts of international terrorism under section humanitarian assistance, and increase the like- vide assistance to the Government of Afghani- 620A of the Foreign Assistance Act of 1961 (22 lihood that parts of Afghanistan will once again stan. U.S.C. 2371), section 6(j)(1) of the Export Admin- become safe havens for al-Qaida, Taliban forces, istration Act of 1979 (50 U.S.C. App. 2405(j)(1)), and drug traffickers. SEC. 108. AUTHORIZATION OF APPROPRIATIONS. or section 40(d) of the Arms Export Control Act (6) The lack of security and lawlessness may (a) IN GENERAL.—There is authorized to be (22 U.S.C. 2780(d)) shall be eligible to receive as- also perpetuate the need for United States appropriated to the President to carry out this sistance under section 202. Armed Forces in Afghanistan and threaten the title (other than section 104(c)) $500,000,000 for (b) WAIVER.—The President may waive the ability of the United States to meet its military each of the fiscal years 2002 through 2005. application of subsection (a)(2) if the President objectives. (b) AVAILABILITY.—Amounts appropriated determines that it is important to the national (7) The International Security Assistance pursuant to the authorization of appropriations security interest of the United States to do so. Force in Afghanistan, currently led by Turkey, under subsection (a) are— SEC. 204. REIMBURSEMENT FOR ASSISTANCE. and composed of forces from other willing coun- (1) authorized to remain available until ex- tries without the participation of United States (a) IN GENERAL.—Defense articles, defense pended; and Armed Forces, is deployed only in Kabul and services, and military education and training (2) in addition to funds otherwise available currently does not have the mandate or the ca- provided under section 202(a)(2) shall be made for such purposes, including, with respect to pacity to provide security to other parts of Af- available without reimbursement to the Depart- food assistance under section 104(a)(1), funds ghanistan. ment of Defense except to the extent that funds available under title II of the Agricultural (8) Due to the ongoing military campaign in are appropriated pursuant to the authorization Trade Development and Assistance Act of 1954, Afghanistan, the United States does not con- of appropriations in subsection (b)(1). the Food for Progress Act of 1985, and section tribute troops to the International Security As- (b) AUTHORIZATION OF APPROPRIATIONS.— 416(b) of the Agricultural Act of 1949. sistance Force but has provided support to other (1) IN GENERAL.—There are authorized to be countries that are doing so. TITLE II—MILITARY ASSISTANCE FOR AF- appropriated to the President such sums as may (9) The United States is providing political, fi- GHANISTAN AND CERTAIN OTHER FOR- be necessary to reimburse the applicable appro- nancial, training, and other assistance to the EIGN COUNTRIES AND INTERNATIONAL priation, fund, or account for the value (as de- Afghan Interim Authority as it begins to build a ORGANIZATIONS fined in section 644(m) of the Foreign Assistance national army and police force to help provide SEC. 201. SUPPORT FOR SECURITY DURING TRAN- Act of 1961) of defense articles, defense services, security throughout Afghanistan, but this effort SITION IN AFGHANISTAN. or military education and training provided is not meeting the immediate security needs of It is the sense of Congress that, during the under section 202(a)(2). transition to a broad-based, multi-ethnic, gen- Afghanistan. (2) AVAILABILITY.—Amounts appropriated (10) Because of these immediate security der-sensitive, fully representative government in pursuant to the authorization of appropriations needs, the Afghan Interim Authority, its Chair- Afghanistan, the United States should sup- under paragraph (1) are authorized to remain man, Hamid Karzai, and many Afghan regional port— available until expended, and are in addition to leaders have called for the International Secu- (1) the development of a civilian-controlled amounts otherwise available for the purposes rity Assistance Force, which has successfully and centrally-governed standing Afghanistan described in this title. brought stability to Kabul, to be expanded and army that respects human rights and prohibits SEC. 205. CONGRESSIONAL NOTIFICATION RE- deployed throughout the country, and this re- the use of children as soldiers or combatants; QUIREMENTS. quest has been strongly supported by a wide (2) the creation and training of a professional (a) AUTHORITY.—The President may provide range of international humanitarian organiza- civilian police force that respects human rights; assistance under this title to any eligible foreign tions, including the International Committee of and country or eligible international organization if the Red Cross, Catholic Relief Services, and Ref- (3) a multinational security force in Afghani- the President determines that such assistance is ugees International. stan. important to the national security interest of the (11)(A) On January 29, 2002, the President SEC. 202. AUTHORIZATION OF ASSISTANCE. United States and notifies the Committee on stated that ‘‘[w]e will help the new Afghan gov- (a) DRAWDOWN AUTHORITY.— International Relations of the House of Rep- ernment provide the security that is the founda- (1) IN GENERAL.—The President is authorized resentatives and the Committee on Foreign Rela- tion of peace’’. to exercise his authorities under section 506 of tions of the Senate of such determination at (B) On March 25, 2002, the Secretary of De- the Foreign Assistance Act of 1961 (22 U.S.C. least 15 days in advance of providing such as- fense stated, with respect to the reconstruction 2318) to direct the drawdown of defense articles, sistance. of Afghanistan, that ‘‘the first thing . . . you defense services, and military education and (b) NOTIFICATION.—The report described in need for anything else to happen, for hospitals training— subsection (a) shall be submitted in classified to happen, for roads to happen, for refugees to (A) for the Government of Afghanistan, in ac- and unclassified form and shall include infor- come back, for people to be fed and humani- cordance with this section; and mation relating to the type and amount of as- tarian workers to move on the (B) for eligible foreign countries, and eligible sistance proposed to be provided and the actions country . . . [y]ou’ve got to have security’’. international organizations, in accordance with that the proposed recipient of such assistance (b) STATEMENT OF POLICY.—It should be the this section and sections 203 and 205. has taken or has committed to take. policy of the United States to support measures (2) AUTHORITY TO ACQUIRE BY CONTRACT OR SEC. 206. PROMOTING SECURE DELIVERY OF HU- to help meet the immediate security needs of Af- OTHERWISE.—The assistance authorized under MANITARIAN AND OTHER ASSIST- ghanistan in order to promote safe and effective paragraph (1) may include the supply of defense ANCE IN AFGHANISTAN. delivery of humanitarian and other assistance articles, defense services, counter-narcotics, (a) FINDINGS.—Congress finds the following: throughout Afghanistan, further the rule of law crime control and police training services, other (1) The President has declared his view that and civil order, and support the formation of a support, and military education and training the United States should provide significant as- functioning, representative Afghan national that are acquired by contract or otherwise. sistance to Afghanistan so that it never again government. (b) AMOUNT OF ASSISTANCE.—The aggregate becomes a haven for terrorism. (c) PREPARATION OF STRATEGY.— value (as defined in section 644(m) of the For- (2) The delivery of humanitarian and recon- (1) IN GENERAL.—Not later than 45 days after eign Assistance Act of 1961) of assistance pro- struction assistance from the international com- the date of the enactment of this Act, and every

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00114 Fmt 4624 Sfmt 6333 E:\CR\FM\A14NO6.172 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11147 six months thereafter through January 1, 2006, The bill (S. 2712), as amended, was Whereas our Nation, tested by civil war, the President shall provide the Committee on read the third time and passed, as fol- military conflicts, and world wars, has al- International Relations and the Committee on lows: ways benefited from the grace and benevo- Appropriations of the House of Representatives (The bill will be printed in a future lence bestowed by God; and and the Committee on Foreign Relations and the Whereas dangers and threats to our Nation edition of the RECORD.) Committee on Appropriations of the Senate persist and in this time of peril, it is appro- with— f priate that the people of the United States, (A) a strategy for meeting the immediate and NATIONAL DAY OF PRAYER AND leaders and citizens alike, seek guidance, long-term security needs of Afghanistan in order FASTING strength, and resolve through prayer and to promote safe and effective delivery of human- fasting: Now, therefore, be it itarian and other assistance throughout Af- Mr. REID. Madam President, I ask Resolved by the Senate (the House of Rep- ghanistan, further the rule of law and civil unanimous consent that the Judiciary resentatives concurring), That it is the sense order, and support the formation of a func- Committee be discharged from further of Congress that— tioning, representative Afghan national govern- consideration of S. Con. Res. 155, and (1) November 27, 2002, should be designated ment; and the Senate proceed to its immediate as a day for humility, prayer, and fasting for (B) a description of the progress of the Gov- all people of the United States; and ernment of Afghanistan toward the eradication consideration. The PRESIDING OFFICER. Without (2) all people of the United States should— of poppy cultivation, the disruption of heroin (A) observe this day as a day of prayer and production, and the reduction of the overall objection, it is so ordered. The clerk fasting; supply and demand for illicit narcotics in Af- will report the concurrent resolution (B) seek guidance from God to achieve ghanistan in accordance with the provisions of by title. greater understanding of our own failings; this Act. The legislative clerk read as follows: (C) learn how we can do better in our ev- (2) FORM OF INFORMATION.—The initial provi- A concurrent resolution (S. Con. Res. 155) eryday activities; and sion of information under paragraph (1) shall be affirming the importance of a national day (D) gain resolve in how to confront those made by transmittal of a written report. There- of prayer and fasting, and expressing the challenges which we must confront. after, the information required under paragraph sense of Congress that November 27, 2002, f (1) may be provided in a written report or in an should be designated as a national day of oral briefing. prayer and fasting. CLARIFYING THE REQUIREMENTS SEC. 207. RELATIONSHIP TO OTHER AUTHORITY. There being no objection, the Senate FOR ELIGIBILITY IN THE AMER- (a) ADDITIONAL AUTHORITY.—The authority ICAN LEGION to provide assistance under this title is in addi- proceeded to consider the concurrent tion to any other authority to provide assistance resolution. Mr. REID. Madam President, I ask to the Government of Afghanistan. Mr. REID. Madam President, I ask unanimous consent that the Senate (b) LAWS RESTRICTING AUTHORITY.—Assist- unanimous consent that the concur- proceed to the consideration of cal- ance under this title to the Government of Af- rent resolution and the preamble be endar No. 756, S. 2934. ghanistan may be provided notwithstanding agreed to; the motion to reconsider be any other provision of law. The PRESIDING OFFICER. The laid on the table; and any statements clerk will state the bill by title. SEC. 208. SENSE OF CONGRESS REGARDING EX- relating to the resolution be printed in PANSION OF THE INTERNATIONAL The legislative clerk read as follows: SECURITY ASSISTANCE FORCE; AU- the RECORD. A bill (S. 2934) to amend title 36, United THORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. Without States Code, to clarify the requirements for (a) SENSE OF CONGRESS.—Congress urges the objection, it is so ordered. the eligibility in the American Legion. President, in order to fulfill the objective of es- The concurrent resolution (S. Con. There being no objection, the Senate tablishing security in Afghanistan, to use the Res. 155) was agreed to. full diplomatic influence of the United States to The preamble was agreed to. proceeded to consider the bill. expand the International Security Assistance The concurrent resolution, with its Mr. REID. Madam President, I ask Force (ISAF) beyond Kabul, Afghanistan by— preamble, reads as follows: unanimous consent that the bill be (1) sponsoring in the United Nations Security S. CON. RES. 155 read the third time and passed, the mo- Council a resolution authorizing such an expan- tion to reconsider be laid upon the sion of that force; Whereas the President has sought the sup- (2) enlisting the European and other allies of port of the international community in re- table, with no intervening action or de- the United States to provide forces for an ex- sponding to the threat of terrorism, violent bate, and that any statements related panded International Security Assistance Force extremist organizations, and states that per- thereto be printed in the RECORD as if in Afghanistan; and mit or host organizations that are opposed read. (3) providing such financial and military as- to democratic ideals; The PRESIDING OFFICER. Without sistance, including personnel, as the President Whereas a united stance against terrorism objection, it is so ordered. considers necessary to achieve the expansion of and terrorist regimes will likely lead to an The bill (S. 2934) was read the third the International Security Assistance Force. increased threat to the armed forces and law (b) AUTHORIZATION OF APPROPRIATIONS.— enforcement personnel of those states that time and passed, as follows: There is authorized to be appropriated to the oppose these regimes of terror and that take (The bill will be printed in a future President $500,000,000 for each of fiscal years an active role in rooting out these enemy edition of the RECORD.) 2003 and 2004 to provide the assistance described forces; f in subsection (a)(3). Whereas Congress has aided and supported SEC. 209. SUNSET. a united response to acts of terrorism and vi- AMENDING TITLE 36 U.S. CODE TO The authority of this title shall expire after olence inflicted upon the United States, our CLARIFY THE REQUIREMENT September 30, 2005. allies, and peaceful individuals all over the FOR ELIGIBILITY IN THE AMER- Mr. REID. I ask unanimous consent world; ICAN LEGION that the Hagel-Biden-Helms amend- Whereas President Abraham Lincoln, at ment at the desk be agreed to; the the outbreak of the Civil War, proclaimed Mr. REID. Madam President, I ask committee substitute amendment, as that the last Thursday in September 1861 unanimous consent that the Senate amended, be agreed to; the bill, as should be designated as a day of humility, proceed to the consideration of Cal- prayer, and fasting for all people of the Na- amended, be read a third time and endar No. 758, H.R. 3988. tion; The PRESIDING OFFICER. The passed; the motion to reconsider be Whereas it is appropriate and fitting to laid on the table, with no intervening clerk will state the bill by title. seek guidance, direction, and focus from God The legislative clerk read as follows: action or debate, and that any state- in times of conflict and in periods of turmoil; ments relating to the bill be printed in Whereas it is through prayer, self-reflec- A bill (H.R. 3988) to amend title 36, United States Code, to clarify the requirement for the RECORD. tion, and fasting that we can better examine The PRESIDING OFFICER. Without those elements of our lives that can benefit eligibility in the American Legion. objection, it is so ordered. from God’s wisdom and love; There being no objection, the Senate The amendment (No. 4956) was agreed Whereas prayer to God and the admission proceeded to consider the bill. to. of human limitations and frailties begins the Mr. REID. Madam President, I ask process of becoming both stronger and closer unanimous consent that the bill be (The amendment is printed in today’s to God; RECORD under ‘‘Text of Amendments.’’) Whereas becoming closer to God helps pro- read the third time and passed, the mo- The committee amendment in the vide direction, purpose, and conviction in tion to reconsider be laid upon the nature of a substitute, as amended, was those daily actions and decisions we must table, and that any statements related agreed to. take; to the bill be printed in the RECORD.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.172 S14PT2 S11148 CONGRESSIONAL RECORD — SENATE November 14, 2002 The PRESIDING OFFICER. Without proceed to the consideration of S. J. motion to reconsider be laid upon the objection, it is so ordered. Res. 53, introduced earlier today by the table; and that any statements relating The bill (H.R. 3988) was read the third Senator from South Dakota, Mr. to the concurrent resolution be printed time and passed. DASCHLE, and the Senator from Mis- in the RECORD. f sissippi, Mr. LOTT. The PRESIDING OFFICER. Without objection, it is so ordered. AUTHORIZING PAYMENT OF A The PRESIDING OFFICER. The The concurrent resolution (H. Con. GRATUITY TO TRUDY LAPIC clerk will state the joint resolution by title. Res. 487) was agreed to. Mr. REID. Madam President, I ask A joint resolution (S. J. Res. 53) relative to f unanimous consent that the Senate the convening of the first session of the 108th COMMENDING AND CONGRATU- proceed to the consideration of S. Res. Congress. 356, submitted earlier today by Mr. LATING THE ANAHEIM ANGELS There being no objection, the Senate DAYTON. proceeded to consider the joint resolu- Mr. REID. Madam President, I ask The PRESIDING OFFICER. The unanimous consent that the Senate clerk will state the resolution by title. tion. Mr. REID. Madam President, I ask proceed to the consideration of S. Res. The legislative clerk read as follows: 357, submitted earlier today by Sen- A resolution (S. Res. 356) to authorize the unanimous consent that the joint resolution be read the third time and ators FEINSTEIN and BOXER. payment of a gratuity to Trudy Lapic, the The PRESIDING OFFICER. The widow of Thomas Lapic, who perished in the passed, the motion to reconsider be plane crash which took the life of Senator laid upon the table, with no inter- clerk will report the resolution by Wellstone and others. vening action or debate. title. There being no objection, the Senate The PRESIDING OFFICER. Without The legislative clerk read as follows: proceeded to consider the resolution. objection, it is so ordered. A resolution (S. Res. 357) commending and Mr. REID. Madam President, I ask The joint resolution (S. J. Res. 53) congratulating the Anaheim Angels for their unanimous consent that the resolution remarkable spirit, resilience, and athletic was read the third time and passed, as discipline in winning the 2002 World Series. be agreed to, the motion to reconsider follows: be laid upon the table en bloc, with no There being no objection, the Senate S.J. RES. 53 proceeded to consider the resolution. intervening action or debate. Resolved by the Senate and House of Rep- The PRESIDING OFFICER. Without Mrs. FEINSTEIN. Madam President, resentatives of the United States of America in I rise today with my friend and col- objection, it is so ordered. Congress assembled, That the first regular ses- The resolution (S. Res. 356) was sion of the One Hundred Eighth Congress league from California, Senator agreed to, as follows: shall begin at noon on Tuesday, January 7, BARBARA BOXER, to commend and con- S. RES. 356 2003. gratulate the Anaheim Angels for winning the 2002 World Series 3 weeks ago. Resolved, That the Secretary of the Senate f is authorized and directed to pay, from ap- The Angels are world champions for propriations under the subheading AUTHORIZING APPOINTMENTS the first time in their 42-year history. ‘‘MISCELLANEOUS ITEMS’’ under the heading Mr. REID. Madam President, I ask After defeating the New York Yankees ‘‘CONTINGENT EXPENSES OF THE SENATE’’, to in the first round of the playoffs and Trudy Lapic, widow of Thomas Lapic, a loyal unanimous consent that notwithstanding the sine die adjournment of then going on to beat the Minnesota employee of the Senate for 9 years, a sum Twins for the American League Cham- equal to 8 months of compensation at the the Senate, the President of the Sen- rate Thomas Lapic was receiving by law dur- ate, the President of the Senate pro pionship, the Angels battled my home- ing the last month of his Senate service, tempore, and the majority and minor- town team, the San Francisco Giants, that sum to be considered inclusive of fu- ity leaders be authorized to make ap- in an exciting all-California World Se- neral expenses and all other allowances. pointments to commissions, commit- ries. The Angels have proven to the f tees, boards, conferences, or inter- world their outstanding ability to win and work as a team. AMENDING TITLE 10, U.S. CODE, parliamentary conferences authorized Led by manager Mike Scioscia and TO PROVIDE FOR ORDERS OF by law, by concurrent action of the two players Scott Spezio, Garret Anderson, PROTECTION OF CIVILIANS ON Houses, or by order of the Senate. and Darin Erstad the Angels offense de- MILITARY INSTALLATIONS The PRESIDING OFFICER. Without objection, it is so ordered. stroyed even the mightiest pitchers Mr. REID. Madam President, I ask through October. Most Valuable Player unanimous consent that the Senate f Troy Glaus batted an astounding .385 proceed to the consideration of H.R. AUTHORIZING PRINTING OF HOUSE average with three homeruns in the 5590. DOCUMENT seven-game series. The PRESIDING OFFICER. The Another key player in the Angels’ clerk will state the bill by title. Mr. REID. Madam President, I ask march to glory is Troy Percival. The The legislative clerk read as follows: unanimous consent that the Senate veteran closing pitcher stifled the Gi- A bill (H.R. 5590) to amend title 10, United proceed to the consideration of H. Con. ants’ hitters in pivotal game 7 and States Code, to provide for the enforcement Res. 487 received from the House and throughout the playoffs. Furthermore, and effectiveness of civilian orders of protec- which is now at the desk. tion on military installations. Troy Percival would not have been able The PRESIDING OFFICER. The to perform his masterful pitching had There being no objection, the Senate clerk will report the concurrent resolu- proceeded to consider the bill. it not been for starting pitcher John tion by title. Lackey who pitched five strong innings Mr. REID. Madam President, I ask The legislative clerk read as follows: unanimous consent that the bill be in game 7. A concurrent resolution (H. Con. Res. 47) Manager Mike Scioscia’s leadership read the third time and passed, the mo- authorizing the printing as a House docu- tion to reconsider be laid upon the proved to be invaluable to the team. ment of a volume consisting of the tran- His experience as a catcher with South- table, and that any statements relating scripts of the ceremonial meeting of the ern California’s other major league to the bill be printed in the RECORD. House of Representatives and Senate in New The PRESIDING OFFICER. Without York City on September 6, 2002, and a collec- franchise, the Los Angeles Dodgers, objection, it is so ordered. tion of statements by Members of the House helped the Angels through what start- The bill (H.R. 5590) was read the third of Representatives and Senate from the ed as Anaheim’s worst season ever and time and passed. CONGRESSIONAL RECORD on the terrorist at- turned it into a glorious year. tacks of September 11, 2001. The Anaheim Angels truly epitomize f There being no objection, the Senate the importance of teamwork, as nearly RELATIVE TO THE CONVENING OF proceeded to consider the concurrent every member of the roster contributed THE FIRST SESSION OF THE resolution. to their phenomenal season. It should 108TH CONGRESS Mr. REID. Madam President, I ask be noted that the championship could Mr. REID. Madam President, I ask unanimous consent that the concur- not have been won without the dedica- unanimous consent that the Senate rent resolution be agreed to; that the tion of the entire team: David

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.201 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11149 Eckstein, Tim Salmon, Adam Kennedy, Whereas Tim Salmon made his first playoff care, follow-up care, and care for chronic Bengie Molina, Brad Fullmer, Jarrod appearance in 10 seasons as a major league conditions such as diabetes and high blood Washburn, Kevin Appier, Brendan Don- baseball player, the only current player to pressure; nelly, Ben Weber, Ramon Ortiz, and have played that long without having Whereas over 17,300,000 of the uninsured are reached the postseason; employed but are not offered health insur- Francisco Rodriguez. Whereas the spirit of Gene Autry, the ance through their employers; I also would like to congratulate ‘‘Singing Cowboy’’ and former owner of the Whereas such employers are small business chairman and CEO of the Walt Disney Angels, was undoubtedly ever-present with owners who are often unaware of the benefits Company Michael Eisner, General the Anaheim players throughout the series of offering health insurance, including that Manager Bill Stoneman and all of the as he was an inspirational force to all who such benefits are tax deductible, reduce em- Angels’ staff on their hard work assem- played for him and knew of his legacy; ployee turnover, and reduce employee sick bling Anaheim’s first championship Whereas the Anaheim Angels battled an- days; team. I should also congratulate Jack- other California team deserving of acknowl- Whereas over 16,000,000 people in the ie Autry, widow of former Angels edgement: the San Francisco Giants; United States, more than 1⁄3 of the uninsured, owner Gene Autry. One of her hus- Whereas the San Francisco Giants were a are in families where at least 1 member of worthy rival for the Anaheim Angels and set the family has been offered employer based band’s greatest dreams was to see the the stage for an exciting and suspenseful health care coverage but has declined cov- Angels win a World Series. World Series that was watched with great in- erage; And, most importantly, I would like terest by many Californians; Whereas many individuals are eligible for to thank the Angels fans in Southern Whereas the Anaheim Angels epitomize public assistance programs such as the State California who have earned national California pride with their incredible focus, Children’s Health Insurance Program, known recognition for their enthusiasm and dedication to winning, team cohesiveness, as SCHIP, and the medicaid program, but are unbridled support of their team. and devotion to playing America’s pastime not currently enrolled due primarily to lack Finally, it is nearly impossible to with class, athleticism, and enthusiasm; and of outreach, education, and accessible enroll- congratulate the Angels or their fans Whereas the Anaheim Angels demonstrate ment processes; without mentioning the ‘‘Rally Mon- the rewards of perseverance, discipline, Whereas studies have shown that many in- key,’’ the adorable mascot that has be- teamwork, and championship as they pre- dividuals and small businesses are unaware pare to defend their title of World Cham- of the various options they have for obtain- come Anaheim’s symbol of resilience pions: Now, therefore, be it ing affordable health care coverage; and refusal to give up hope in the most Resolved, That the Senate congratulates Whereas surveys have shown that many in- difficult situations. the Anaheim Angels on winning the 2002 dividuals who cite expense as the reason for The Angels have begun a new era of Major League Baseball World Series title. not purchasing insurance find insurance af- baseball in Southern California and f fordable once they are informed of the true will certainly defend their title with cost of various options; and EXPRESSING SENSE OF CONGRESS Whereas education about health care cov- the same heart and determination that ABOUT PUBLIC AWARENESS AND brought them to the World Series this erage helps uninsured individuals and em- EDUCATION ABOUT IMPORTANCE ployers understand the critical value of year. The Anaheim Angels are a team OF HEALTH CARE COVERAGE with an unquenchable desire to win. health insurance as a preventive measure They have made the city of Anaheim, Mr. REID. Madam President, I ask and the ways to keep their health insurance unanimous consent that the Senate premiums manageable once they have health the county of Orange, and all of Cali- care coverage: Now, therefore, be it proceed to the consideration of Cal- fornia proud. Resolved by the Senate (the House of Rep- Mr. REID. Madam President, I ask endar No. 757, S. Con. Res. 94. resentatives concurring), That it is the sense unanimous consent that the resolution The PRESIDING OFFICER. The of Congress that— and preamble be agreed to en bloc; that clerk will report the concurrent resolu- (1) a National Importance of Health Care the motion to reconsider be laid upon tion by title. Coverage Month be established to— the table, with no intervening action The legislative clerk read as follows: (A) promote a multifaceted educational ef- or debate; and that any statements re- A concurrent resolution (S. Con. Res. 94) fort about the importance of health care cov- lating to the resolution be printed in expressing the sense of Congress that public erage; awareness and education about the impor- (B) increase awareness of the many avail- the RECORD. The PRESIDING OFFICER. Without tance of health care coverage is of the ut- able health care coverage options; and most priority and that a National Impor- (C) inform those eligible for public insur- objection, it is so ordered. tance of Health Care Coverage Month should ance programs on ways to access those pro- The resolution (S. Res. 357) was be established to promote that awareness grams; and agreed to. and education. (2) the President issue a proclamation call- The preamble was agreed to. There being no objection, the Senate ing on the Federal Government, States, lo- The resolution, with its preamble, calities, citizens, and businesses of the reads as follows: proceeded to consider the concurrent resolution. United States to conduct appropriate pro- S. RES. 357 grams, fairs, ceremonies, and activities to Mr. REID. Madam President, I ask promote this educational effort. Whereas the Anaheim Angels have won the unanimous consent that the concur- first World Championship in the 42 year his- rent resolution be agreed to; that the tory of the franchise; f Whereas the Anaheim Angels completed preamble be agreed to; that the motion their best season in franchise history with 99 to reconsider be laid upon the table; RELIEF OF SO HYUN JUN wins, staging one of the most significant and that any statements relating to team improvements in Major League Base- the concurrent resolution be printed in Mr. REID. Madam President, I ask ball since the 2001 season; the RECORD. unanimous consent that the Senate Whereas the 2002 World Series was the The PRESIDING OFFICER. Without proceed to the consideration of H.R. Anaheim Angels’ first appearance in the Fall objection, it is so ordered. 3758 now at the desk. Classic; The concurrent resolution (S. Con. The PRESIDING OFFICER. The Whereas the Anaheim Angels have fielded Res. 94) was agreed to. such superstars as Nolan Ryan, Rod Carew, clerk will report the bill by title. The preamble was agreed to. The legislative clerk read as follows: Bobby Grich, Reggie Jackson, Jim Abbott, The concurrent resolution, with its Wally Joyner, Brian Downing, Jim Edmonds, preamble, reads as follows: A bill (H.R. 3758) for the relief of So Hyun Gary DiSarcina, and now Troy Percival, Jun. Jarrod Washburn, Garret Anderson, Troy S. CON. RES. 94 Glaus, and Tim Salmon; Whereas census estimates indicate that There being no objection, the Senate Whereas third baseman Troy Glaus re- some 42,000,000 people in the United States proceeded to consider the bill. ceived the World Series Most Valuable Play- are without health insurance coverage, many Mr. REID. Madam President, I ask er Award for his stellar defensive plays, .385 of whom are among the most vulnerable and unanimous consent that the bill be batting average, and 3 home runs during the can be financially devastated by serious ill- read a third time and passed; that the series; ness, disease, or accident; motion to reconsider be laid upon the Whereas pitcher Francisco Rodriguez be- Whereas studies have shown that people table, with no intervening action or de- came the youngest pitcher to win a World with health insurance are healthier than Series game and tied the postseason record those who are uninsured and receive care bate; and that any statements relating for games won with 5 outstanding wins; through emergency rooms or safety net to the bill be printed in the RECORD. Whereas Manager Mike Scioscia won his health care services, because the insured are The PRESIDING OFFICER. Without first World Series title as a manager; entitled to, and receive, more preventive objection, it is so ordered.

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.175 S14PT2 S11150 CONGRESSIONAL RECORD — SENATE November 14, 2002 The bill (H.R. 3758) was read the third for purposes of inducing or persuading such (A) by striking ‘‘(ii) who is’’ and inserting time and passed. minor to participate in any activity that is the following: illegal.’’; ‘‘(ii)(I) who is’’; and f (2) in subsection (b)(1), by striking ‘‘(1), (2), (B) by striking ‘‘and’’ at the end and in- PROSECUTORIAL REMEDIES AND (3), or (4)’’ and inserting ‘‘(1), (2), (3), (4), or serting the following: ‘‘or TOOLS AGAINST THE EXPLOI- (6)’’; and ‘‘(II) who is virtually indistinguishable TATION OF CHILDREN TODAY (3) by striking subsection (c) and inserting from an actual minor; and’’. the following: ACT OF 2002 SEC. 5. RECORDKEEPING REQUIREMENTS. ‘‘(c) It shall be an affirmative defense to a Section 2257 of title 18, United States Code, Mr. REID. Madam President, I ask charge of violating paragraph (1), (2), (3), (4), is amended— unanimous consent that the Senate or (5) of subsection (a) that— (1) in subsection (d)(2), by striking ‘‘of this proceed to the consideration of Cal- ‘‘(1)(A) the alleged child pornography was section’’ and inserting ‘‘of this chapter or produced using an actual person or persons chapter 71,’’; endar No. 759, S. 2520. engaging in sexually explicit conduct; and The PRESIDING OFFICER. The (2) in subsection (h)(3), by inserting ‘‘, com- ‘‘(B) each such person was an adult at the puter generated image or picture,’’ after clerk will report the bill by title. time the material was produced; or ‘‘video tape’’; and The assistant legislative clerk read ‘‘(2) the alleged child pornography was not (3) in subsection (i)— as follows: produced using any actual minor or minors. (A) by striking ‘‘not more than 2 years’’ A bill (S. 2520) to amend title 18, United No affirmative defense shall be available in and inserting ‘‘not more than 5 years’’; and States Code, with respect to the sexual ex- any prosecution that involves obscene child (B) by striking ‘‘5 years’’ and inserting ‘‘10 ploitation of children. pornography or child pornography as de- years’’. There being no objection, the Senate scribed in section 2256(8)(D). A defendant SEC. 6. FEDERAL VICTIMS’ PROTECTIONS AND may not assert an affirmative defense to a proceeded to consider the bill which RIGHTS. charge of violating paragraph (1), (2), (3), (4), Section 227(f)(1)(D) of the Victims of Child was reported by the Committee on the or (5) of subsection (a) unless, within the Abuse Act of 1990 (42 U.S.C. 13032(f)(1)(D)) is Judiciary with an amendment to strike time provided for filing pretrial motions or amended to read as follows: all after the enacting clause, and insert at such time prior to trial as the judge may ‘‘(D) where the report discloses a violation in lieu thereof the following: direct, but in no event later than 10 days be- of State criminal law to an appropriate offi- [Strike the part shown in black brackets fore the commencement of the trial, the de- cial of that State or subdivision of that and insert the part printed in italic.] fendant provides the court and the United State for the purpose of enforcing such State States with notice of the intent to assert law.’’. S. 2520 such defense and the substance of any expert SEC. 7. CONTENTS DISCLOSURE OF STORED COM- Be it enacted by the Senate and House of Rep- or other specialized testimony or evidence MUNICATIONS. resentatives of the United States of America in upon which the defendant intends to rely. If Section 2702 of title 18, United States Code, Congress assembled, the defendant fails to comply with this sub- is amended— SECTION 1. SHORT TITLE. section, the court shall, absent a finding of (1) in subsection (b)— This Act may be cited as the extraordinary circumstances that prevented (A) in paragraph (5), by striking ‘‘or’’ at ‘‘Prosecutorial Remedies and Tools Against timely compliance, prohibit the defendant the end; the Exploitation of Children Today Act of from asserting a defense to a charge of vio- (B) in paragraph (6)— 2002’’. lating paragraph (1), (2), (3), (4), or (5) of sub- (i) in subparagraph (A)(ii), by inserting SEC. 2. CERTAIN ACTIVITIES RELATING TO MATE- section (a) or presenting any evidence for ‘‘or’’ at the end; RIAL CONSTITUTING OR CON- which the defendant has failed to provide (ii) by striking subparagraph (B); and TAINING CHILD PORNOGRAPHY. proper and timely notice.’’. (iii) by redesignating subparagraph (C) as Section 2252A of title 18, United States SEC. 3. ADMISSIBILITY OF EVIDENCE. subparagraph (B); Code, is amended— Section 2252A of title 18, United States (C) by redesignating paragraph (6) as para- (1) in subsection (a)— Code, is amended by adding at the end the graph (7); and (A) by striking paragraph (3) and inserting following: (D) by inserting after paragraph (5) the fol- the following: ‘‘(e) ADMISSIBILITY OF EVIDENCE.—In any lowing: ‘‘(3) knowingly— prosecution under this chapter, the name, ‘‘(6) to the National Center for Missing and ‘‘(A) reproduces any child pornography for address, or other identifying information, Exploited Children, in connection with a re- distribution through the mails, or in inter- other than the age or approximate age, of port submitted under section 227 of the Vic- state or foreign commerce by any means, in- any minor who is depicted in any child por- tims of Child Abuse Act of 1990 (42 U.S.C. cluding by computer; or nography shall not be admissible and the 13032); or’’; and ‘‘(B) advertises, promotes, presents, de- jury shall be instructed, upon request of the (2) in subsection (c)— scribes, distributes, or solicits through the United States, that it can draw no inference (A) in paragraph (4), by striking ‘‘or’’ at mails, or in interstate or foreign commerce from the absence of such evidence in decid- the end; by any means, including by computer, any ing whether the child pornography depicts (B) by redesignating paragraph (5) as para- material in a manner that conveys the im- an actual minor .’’. graph (6); and pression that the material is, or contains, an SEC. 4. DEFINITIONS. (C) by inserting after paragraph (4) the fol- obscene visual depiction of a minor engaging Section 2256 of title 18, United States Code, lowing: in sexually explicit conduct;’’; is amended— ‘‘(5) to the National Center for Missing and (B) in paragraph (4), by striking ‘‘or’’ at (1) in paragraph (1), by inserting before the Exploited Children, in connection with a re- the end; semicolon the following: ‘‘and shall not be port submitted under section 227 of the Vic- (C) in paragraph (5), by striking the period construed to require proof of the actual iden- tims of Child Abuse Act of 1990 (42 U.S.C. at the end and inserting ‘‘; or’’; and tity of the person’’; 13032); or’’. (D) by adding at the end the following: (2) in paragraph (8)— SEC. 8. EXTRATERRITORIAL PRODUCTION OF ‘‘(6) knowingly distributes, offers, sends, or (A) in subparagraph (B), by inserting ‘‘is CHILD PORNOGRAPHY FOR DIS- provides to a minor any visual depiction, in- obscene and’’ before ‘‘is’’; TRIBUTION IN THE UNITED STATES. cluding any photograph, film, video, picture, (B) in subparagraph (C), by striking ‘‘or’’ Section 2251 of title 18, United States Code, or computer generated image or picture, at the end; and is amended— whether made or produced by electronic, me- (C) by striking subparagraph (D) and in- (1) by striking ‘‘subsection (d)’’ each place chanical, or other means, of sexually explicit serting the following: that term appears and inserting ‘‘subsection conduct where such visual depiction is, or ‘‘(D) such visual depiction— (e)’’; appears to be, of a minor engaging in sexu- ‘‘(i) is of a minor, or an individual who ap- (2) by redesignating subsections (c) and (d) ally explicit conduct— pears to be a minor, actually engaging in as subsections (d) and (e), respectively; and ‘‘(A) that has been mailed, shipped, or bestiality, sadistic or masochistic abuse, or (3) by inserting after subsection (b) the fol- transported in interstate or foreign com- sexual intercourse, including genital-genital, lowing: merce by any means, including by computer; oral-genital, anal-genital, or oral-anal, ‘‘(c)(1) Any person who, in a circumstance ‘‘(B) that was produced using materials whether between persons of the same or op- described in paragraph (2), employs, uses, that have been mailed, shipped, or trans- posite sex; and persuades, induces, entices, or coerces any ported in interstate or foreign commerce by ‘‘(ii) lacks serious literary, artistic, polit- minor to engage in, or who has a minor as- any means, including by computer; or ical, or scientific value; or sist any other person to engage in, any sexu- ‘‘(C) which distribution, offer, sending, or ‘‘(E) the production of such visual depic- ally explicit conduct outside of the United provision is accomplished using the mails or tion involves the use of an identifiable minor States, its territories or possessions, for the by transmitting or causing to be transmitted engaging in sexually explicit conduct; and’’; purpose of producing any visual depiction of any wire communication in interstate or for- and such conduct, shall be punished as provided eign commerce, including by computer, (3) in paragraph (9)(A)(ii)— under subsection (e).

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.208 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11151 ‘‘(2) The circumstance referred to in para- amend the Federal Sentencing Guidelines likely increase after the Ashcroft v. Free Speech graph (1) is that— and policy statements to ensure that the Coalition decision. ‘‘(A) the person intends such visual depic- guidelines are adequate to deter and punish (8) Child pornography circulating on the tion to be transported to the United States, conduct that involves a violation of para- Internet has, by definition, been digitally its territories or possessions, by any means, graph (3)(B) or (6) of section 2252A(a) of title uploaded or scanned into computers and has including by computer or mail; or 18, United States Code, as created by this been transferred over the Internet, often in dif- ‘‘(B) the person transports such visual de- Act. With respect to the guidelines for sec- ferent file formats, from trafficker to trafficker. piction to the United States, its territories tion 2252A(a)(3)(B), the Commission shall An image seized from a collector of child por- or possessions, by any means, including by consider the relative culpability of pro- nography is rarely a first-generation product, computer or mail.’’. moting, presenting, describing, or distrib- and the retransmission of images can alter the SEC. 9. CIVIL REMEDIES. uting material in violation of that section as image so as to make it difficult for even an ex- Section 2252A of title 18, United States compared with solicitation of such material. pert conclusively to opine that a particular Code, as amended by this Act, is amended by SEC. 13. SEVERABILITY. image depicts a real child. If the original image adding at the end the following: If any provision of this Act, an amendment has been scanned from a paper version into a ‘‘(f) CIVIL REMEDIES.— made by this Act, or the application of such digital format, this task can be even harder ‘‘(1) IN GENERAL.—Any person aggrieved by provision or amendment to any person or since proper forensic delineation may depend on reason of the conduct prohibited under sub- circumstance is held to be unconstitutional, the quality of the image scanned and the tools section (a) or (b) may commence a civil ac- the remainder of this Act, the amendments used to scan it. tion for the relief set forth in paragraph (2). made by this Act, and the application of the (9) The impact on the government’s ability to ‘‘(2) RELIEF.—In any action commenced in provisions of such to any person or cir- prosecute child pornography offenders is al- accordance with paragraph (1), the court cumstance shall not be affected ready evident. The Ninth Circuit has seen a sig- may award appropriate relief, including— thereby. nificant adverse effect on prosecutions since the ‘‘(A) temporary, preliminary, or permanent SECTION 1. SHORT TITLE. 1999 Ninth Circuit Court of Appeals decision in injunctive relief; This Act may be cited as the ‘‘Prosecutorial Free Speech Coalition. After that decision, pros- ‘‘(B) compensatory and punitive damages; Remedies and Tools Against the Exploitation of ecutions generally have been brought in the and Children Today Act of 2002’’ or ‘‘PROTECT Ninth Circuit only in the most clear-cut cases in ‘‘(C) the costs of the civil action and rea- Act’’. which the government can specifically identify the child in the depiction or otherwise identify sonable fees for attorneys and expert wit- SEC. 2. FINDINGS. nesses.’’. the origin of the image. This is a fraction of Congress finds the following: meritorious child pornography cases. The Na- SEC. 10. ENHANCED PENALTIES FOR RECIDI- (1) Obscenity and child pornography are not VISTS. tional Center for Missing and Exploited Chil- entitled to protection under the First Amend- dren testified that, in light of the Supreme Sections 2251(d), 2252(b), and 2252A(b) of ment under Miller v. California, 413 U.S. 15 title 18, United States Code, are amended by Court’s affirmation of the Ninth Circuit deci- (1973) (obscenity), or New York v. Ferber, 458 sion, prosecutors in various parts of the country inserting ‘‘chapter 71,’’ before ‘‘chapter U.S. 747 (1982) (child pornography) and thus 109A,’’ each place it appears. have expressed concern about the continued via- may be prohibited. bility of previously indicted cases as well as de- SEC. 11. SENTENCING ENHANCEMENTS FOR (2) The Government has a compelling state in- clined potentially meritorious prosecutions. INTERSTATE TRAVEL TO ENGAGE IN terest in protecting children from those who sex- SEXUAL ACT WITH A JUVENILE. (10) In the absence of congressional action, ually exploit them, including both child molest- this problem will continue to grow increasingly Pursuant to its authority under section ers and child pornographers. ‘‘The prevention of 994(p) of title 18, United States Code, and in worse. The mere prospect that the technology sexual exploitation and abuse of children con- exists to create computer or computer-generated accordance with this section, the United stitutes a government objective of surpassing im- States Sentencing Commission shall review depictions that are indistinguishable from depic- portance,’’ New York v. Ferber, 458 U.S. 747, 757 tions of real children will allow defendants who and, as appropriate, amend the Federal Sen- (1982) (emphasis added), and this interest ex- tencing Guidelines and policy statements to possess images of real children to escape pros- tends to stamping out the vice of child pornog- ecution, for it threatens to create a reasonable ensure that guideline penalties are adequate raphy at all levels in the distribution chain. in cases that involve interstate travel with doubt in every case of computer images even Osborne v. Ohio, 495 U.S. 103, 110 (1990). when a real child was abused. This threatens to the intent to engage in a sexual act with a (3) The Government thus has a compelling in- render child pornography laws that protect real juvenile in violation of section 2423 of title terest in ensuring that the criminal prohibitions children unenforceable. 18, United States Code, to deter and punish against child pornography remain enforceable such conduct. (11) To avoid this grave threat to the Govern- and effective. ‘‘[T]he most expeditious if not the ment’s unquestioned compelling interest in ef- SEC. 12. MISCELLANEOUS PROVISIONS. only practical method of law enforcement may fective enforcement of the child pornography (a) APPOINTMENT OF TRIAL ATTORNEYS.— be to dry up the market for this material by im- laws that protect real children, a statute must Not later than 6 months after the date of en- posing severe criminal penalties on persons sell- be adopted that prohibits a narrowly-defined actment of this Act, the Attorney General ing, advertising, or otherwise promoting the subcategory of images. shall appoint 25 additional trial attorneys to product.’’ Ferber, 458 U.S. at 760. (12) The Supreme Court’s 1982 Ferber v. New the Child Exploitation and Obscenity Sec- (4) In 1982, when the Supreme Court decided York decision holding that child pornography tion of the Criminal Division of the Depart- Ferber, the technology did not exist to: (A) cre- was not protected drove child pornography off ment of Justice or to appropriate U.S. Attor- ate depictions of virtual children that are indis- the shelves of adult bookstores. Congressional ney’s Offices, and those trial attorneys shall tinguishable from depictions of real children; action is necessary to ensure that open and no- have as their primary focus, the investiga- (B) create depictions of virtual children using torious trafficking in such materials does not re- tion and prosecution of Federal child pornog- compositions of real children to create an un- appear. raphy laws. identifiable child; or (C) disguise pictures of real SEC. 3. CERTAIN ACTIVITIES RELATING TO MATE- (b) REPORT TO CONGRESSIONAL COMMIT- children being abused by making the image look RIAL CONSTITUTING OR CON- TEES.— computer generated. TAINING CHILD PORNOGRAPHY. (1) IN GENERAL.—Not later than 9 months (5) Evidence submitted to the Congress, in- Section 2252A of title 18, United States Code, after the date of enactment of this Act, and cluding from the National Center for Missing is amended— every 2 years thereafter, the Attorney Gen- and Exploited Children, demonstrates that tech- (1) in subsection (a)— eral shall report to the Chairpersons and nology already exists to disguise depictions of (A) by striking paragraph (3) and inserting Ranking Members of the Committees on the real children to make them unidentifiable and to the following: Judiciary of the Senate and the House of make depictions of real children appear com- ‘‘(3) knowingly— Representatives on the Federal enforcement puter generated. The technology will soon exist, ‘‘(A) reproduces any child pornography for actions under chapter 110 of title 18, United if it does not already, to make depictions of vir- distribution through the mails, or in interstate States Code. tual children look real. or foreign commerce by any means, including by (2) CONTENTS.—The report required under (6) The vast majority of child pornography computer; or paragraph (1) shall include— prosecutions today involve images contained on ‘‘(B) advertises, promotes, presents, distrib- (A) an evaluation of the prosecutions computer hard drives, computer disks, and/or re- utes, or solicits through the mails, or in inter- brought under chapter 110 of title 18, United lated media. state or foreign commerce by any means, includ- States Code; (7) There is no substantial evidence that any ing by computer, any material or purported ma- (B) an outcome-based measurement of per- of the child pornography images being traf- terial in a manner that conveys the impression formance; and ficked today were made other than by the abuse that the material or purported material is, or (C) an analysis of the technology being of real children. Nevertheless, technological ad- contains, an obscene visual depiction of a minor used by the child pornography industry. vances since Ferber have led many criminal de- engaging in sexually explicit conduct;’’; (c) SENTENCING GUIDELINES.—Pursuant to fendants to suggest that the images of child por- (B) in paragraph (4), by striking ‘‘or’’ at the its authority under section 994(p) of title 18, nography they possess are not those of real chil- end; United States Code, and in accordance with dren, insisting that the government prove (C) in paragraph (5), by striking the period at this section, the United States Sentencing beyond a reasonable doubt that the images are the end and inserting ‘‘; or’’; and Commission shall review and, as appropriate, not computer-generated. Such challenges will (D) by adding at the end the following:

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00119 Fmt 4624 Sfmt 6333 E:\CR\FM\A14NO6.177 S14PT2 S11152 CONGRESSIONAL RECORD — SENATE November 14, 2002 ‘‘(6) knowingly distributes, offers, sends, or (B) in subparagraph (C), by striking ‘‘or’’ at (ii) by striking subparagraph (B); and provides to a minor any visual depiction, in- the end; and (iii) by redesignating subparagraph (C) as cluding any photograph, film, video, picture, or (C) by striking subparagraph (D) and insert- subparagraph (B); computer generated image or picture, whether ing the following: (C) by redesignating paragraph (6) as para- made or produced by electronic, mechanical, or ‘‘(D) such visual depiction— graph (7); and other means, of sexually explicit conduct where ‘‘(i) is, or appears to be, of a minor actually (D) by inserting after paragraph (5) the fol- such visual depiction is, or appears to be, of a engaging in bestiality, sadistic or masochistic lowing: minor engaging in sexually explicit conduct— abuse, or sexual intercourse, including genital- ‘‘(6) to the National Center for Missing and ‘‘(A) that has been mailed, shipped, or trans- genital, oral-genital, anal-genital, or oral-anal, Exploited Children, in connection with a report ported in interstate or foreign commerce by any whether between persons of the same or opposite submitted under section 227 of the Victims of means, including by computer; sex; and Child Abuse Act of 1990 (42 U.S.C. 13032); or’’; ‘‘(B) that was produced using materials that ‘‘(ii) lacks serious literary, artistic, political, and have been mailed, shipped, or transported in or scientific value; or (2) in subsection (c)— interstate or foreign commerce by any means, ‘‘(E) the production of such visual depiction (A) in paragraph (4), by striking ‘‘or’’ at the including by computer; or involves the use of an identifiable minor engag- end; ‘‘(C) which distribution, offer, sending, or ing in sexually explicit conduct;’’; and (B) by redesignating paragraph (5) as para- provision is accomplished using the mails or by (3) by striking paragraph (9), and inserting graph (6); and transmitting or causing to be transmitted any the following: (C) by inserting after paragraph (4) the fol- wire communication in interstate or foreign ‘‘(9) ‘identifiable minor’— lowing: commerce, including by computer, ‘‘(A)(i) means a person— ‘‘(5) to the National Center for Missing and for purposes of inducing or persuading a minor ‘‘(I)(aa) who was a minor at the time the vis- Exploited Children, in connection with a report to participate in any activity that is illegal.’’; ual depiction was created, adapted, or modified; submitted under section 227 of the Victims of (2) in subsection (b)(1), by striking ‘‘(1), (2), or Child Abuse Act of 1990 (42 U.S.C. 13032); or’’. (3), or (4)’’ and inserting ‘‘(1), (2), (3), (4), or ‘‘(bb) whose image as a minor was used in cre- SEC. 9. EXTRATERRITORIAL PRODUCTION OF (6)’’; and ating, adapting, or modifying the visual depic- CHILD PORNOGRAPHY FOR DIS- (3) by striking subsection (c) and inserting the tion; and TRIBUTION IN THE UNITED STATES. following: ‘‘(II) who is recognizable as an actual person Section 2251 of title 18, United States Code, is ‘‘(c) It shall be an affirmative defense to a by the person’s face, likeness, or other distin- amended— charge of violating paragraph (1), (2), (3), (4), or guishing characteristic, such as a unique birth- (1) by striking ‘‘subsection (d)’’ each place (5) of subsection (a) that— mark or other recognizable feature; and that term appears and inserting ‘‘subsection ‘‘(1)(A) the alleged child pornography was ‘‘(ii) shall not be construed to require proof of (e)’’; produced using an actual person or persons en- the actual identity of the identifiable minor; or (2) by redesignating subsections (c) and (d) as gaging in sexually explicit conduct; and ‘‘(B) means a computer or computer generated subsections (d) and (e), respectively; and ‘‘(B) each such person was an adult at the image that is virtually indistinguishable from an (3) by inserting after subsection (b) the fol- time the material was produced; or actual minor; and lowing: ‘‘(2) the alleged child pornography was not ‘‘(10) ‘virtually indistinguishable’ means that ‘‘(c)(1) Any person who, in a circumstance de- produced using any actual minor or minors. the depiction is such that an ordinary person scribed in paragraph (2), employs, uses, per- No affirmative defense shall be available in any viewing the depiction would conclude that the suades, induces, entices, or coerces any minor to prosecution that involves obscene child pornog- depiction is of an actual minor.’’. engage in, or who has a minor assist any other raphy or child pornography as described in sec- SEC. 6. RECORDKEEPING REQUIREMENTS. person to engage in, any sexually explicit con- tion 2256(8)(D). A defendant may not assert an Section 2257 of title 18, United States Code, is duct outside of the United States, its territories affirmative defense to a charge of violating amended— or possessions, for the purpose of producing any paragraph (1), (2), (3), (4), or (5) of subsection (1) in subsection (d)(2), by striking ‘‘of this visual depiction of such conduct, shall be pun- (a) unless, within the time provided for filing section’’ and inserting ‘‘of this chapter or chap- ished as provided under subsection (e). pretrial motions or at such time prior to trial as ter 71,’’; ‘‘(2) The circumstance referred to in para- the judge may direct, but in no event later than (2) in subsection (h)(3), by inserting ‘‘, com- graph (1) is that— 10 days before the commencement of the trial, puter generated image or picture,’’ after ‘‘video ‘‘(A) the person intends such visual depiction the defendant provides the court and the United tape’’; and to be transported to the United States, its terri- States with notice of the intent to assert such (3) in subsection (i)— tories or possessions, by any means, including defense and the substance of any expert or other (A) by striking ‘‘not more than 2 years’’ and by computer or mail; or specialized testimony or evidence upon which inserting ‘‘not more than 5 years’’; and ‘‘(B) the person transports such visual depic- the defendant intends to rely. If the defendant (B) by striking ‘‘5 years’’ and inserting ‘‘10 tion to the United States, its territories or pos- fails to comply with this subsection, the court years’’. sessions, by any means, including by computer or mail.’’. shall, absent a finding of extraordinary cir- SEC. 7. SERVICE PROVIDER REPORTING OF cumstances that prevented timely compliance, CHILD PORNOGRAPHY AND RE- SEC. 10. CIVIL REMEDIES. prohibit the defendant from asserting such de- LATED INFORMATION. Section 2252A of title 18, United States Code, fense to a charge of violating paragraph (1), (2), Section 227 of the Victims of Child Abuse Act as amended by this Act, is amended by adding (3), (4), or (5) of subsection (a) or presenting any of 1990 (42 U.S.C. 13032) is amended— at the end the following: evidence for which the defendant has failed to (1) in subsection (c), by inserting ‘‘or pursu- ‘‘(f) CIVIL REMEDIES.— provide proper and timely notice.’’. ant to’’ after ‘‘to comply with’’; ‘‘(1) IN GENERAL.—Any person aggrieved by SEC. 4. ADMISSIBILITY OF EVIDENCE. (2) by amending subsection (f)(1)(D) to read as reason of the conduct prohibited under sub- Section 2252A of title 18, United States Code, follows: section (a) or (b) may commence a civil action is amended by adding at the end the following: ‘‘(D) where the report discloses a violation of for the relief set forth in paragraph (2). ‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion State criminal law, to an appropriate official of ‘‘(2) RELIEF.—In any action commenced in ac- of the government, in any prosecution under a State or subdivision of a State for the purpose cordance with paragraph (1), the court may this chapter, except for good cause shown, the of enforcing such State law.’’; award appropriate relief, including— name, address, social security number, or other (3) by redesignating paragraph (3) of sub- ‘‘(A) temporary, preliminary, or permanent in- nonphysical identifying information, other than section (b) as paragraph (4); and junctive relief; the age or approximate age, of any minor who (4) by inserting after paragraph (2) of sub- ‘‘(B) compensatory and punitive damages; is depicted in any child pornography shall not section (b) the following new paragraph: and be admissible and may be redacted from any ‘‘(3) In addition to forwarding such reports to ‘‘(C) the costs of the civil action and reason- otherwise admissible evidence, and the jury those agencies designated in subsection (b)(2), able fees for attorneys and expert witnesses.’’. shall be instructed, upon request of the United the National Center for Missing and Exploited SEC. 11. ENHANCED PENALTIES FOR RECIDI- States, that it can draw no inference from the Children is authorized to forward any such re- VISTS. absence of such evidence in deciding whether port to an appropriate official of a state or sub- Sections 2251(d), 2252(b), and 2252A(b) of title the child pornography depicts an actual minor division of a state for the purpose of enforcing 18, United States Code, are amended by insert- .’’. state criminal law.’’. ing ‘‘chapter 71,’’ before ‘‘chapter 109A,’’ each SEC. 5. DEFINITIONS. SEC. 8. CONTENTS DISCLOSURE OF STORED COM- place it appears. Section 2256 of title 18, United States Code, is MUNICATIONS. SEC. 12. SENTENCING ENHANCEMENTS FOR amended— Section 2702 of title 18, United States Code, is INTERSTATE TRAVEL TO ENGAGE IN (1) in paragraph (1), by inserting before the amended— SEXUAL ACT WITH A JUVENILE. semicolon the following: ‘‘and shall not be con- (1) in subsection (b)— Pursuant to its authority under section 994(p) strued to require proof of the actual identity of (A) in paragraph (5), by striking ‘‘or’’ at the of title 18, United States Code, and in accord- the person’’; end; ance with this section, the United States Sen- (2) in paragraph (8)— (B) in paragraph (6)— tencing Commission shall review and, as appro- (A) in subparagraph (B), by inserting ‘‘is ob- (i) in subparagraph (A)(ii), by inserting ‘‘or’’ priate, amend the Federal Sentencing Guidelines scene and’’ before ‘‘is’’; at the end; and policy statements to ensure that guideline

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00120 Fmt 4624 Sfmt 6333 E:\CR\FM\A14NO6.177 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11153 penalties are adequate in cases that involve mittee on Commerce be discharged (B) for its work with the American Sail interstate travel with the intent to engage in a from further consideration of S.J. Res. Training Association in the promotion and sexual act with a juvenile in violation of section 42 and the Senate now proceed to its encouragement of young cadets through 2423 of title 18, United States Code, to deter and consideration. training programs, seamanship, and edu- punish such conduct. cation at sea; The PRESIDING OFFICER. Without SEC. 13. MISCELLANEOUS PROVISIONS. (2) all Americans and citizens of nations (a) APPOINTMENT OF TRIAL ATTORNEYS.— objection, it is so ordered. The clerk throughout the world are encouraged to join (1) IN GENERAL.—Not later than 6 months will report the joint resolution by title. in the international friendship and support after the date of enactment of this Act, the At- The legislative clerk read as follows: that Sail Boston and the American Sail torney General shall appoint 25 additional trial A joint resolution (S.J. Res. 42) com- Training Association will provide during attorneys to the Child Exploitation and Obscen- mending Sail Boston for its continuing ad- Sail Boston 2004; and ity Section of the Criminal Division of the De- vancement of the maritime heritage of na- (3) Sail Boston is encouraged to continue partment of Justice or to appropriate U.S. Attor- tions, its commemoration of the nautical to represent and promote the ports of the ney’s Offices, and those trial attorneys shall history of the United States, and its pro- United States in the international tall ship have as their primary focus, the investigation motion, encouragement, and support of community, and to continue to organize and and prosecution of Federal child pornography young cadets through training. participate in tall ship events in the United laws. States and around the world. (2) AUTHORIZATION OF APPROPRIATIONS.— There being no objection, the Senate f There are authorized to be appropriated to the proceeded to consider the joint resolu- Department of Justice such sums as may be nection. FACILITATING ABILITY OF CER- essary to carry out this subsection. Mr. REID. I ask unanimous consent TAIN SPECTRUM AUCTION WIN- (b) REPORT TO CONGRESSIONAL COMMITTEES.— that the joint resolution be read three NERS TO PURSUE ALTERNATIVE (1) IN GENERAL.—Not later than 9 months after the date of enactment of this Act, and times, passed, the motion to reconsider MEASURES every 2 years thereafter, the Attorney General laid upon the table, the preamble be Mr. REID. I ask unanimous consent shall report to the Chairpersons and Ranking agreed to, and that any statements re- that the Commerce Committee be dis- Members of the Committees on the Judiciary of lating thereto be printed in the charged from consideration of S. 2869 the Senate and the House of Representatives on RECORD, with no intervening action or and the Senate now proceed to its con- the Federal enforcement actions under chapter debate. sideration. 110 of title 18, United States Code. The PRESIDING OFFICER. Without (2) CONTENTS.—The report required under The PRESIDING OFFICER. Without paragraph (1) shall include— objection, it is so ordered. objection, it is so ordered. The clerk (A) an evaluation of the prosecutions brought The joint resolution (S.J. Res. 42) will report the bill by title. under chapter 110 of title 18, United States was read the third time and passed. The legislative clerk read as follows: Code; The preamble was agreed to. A bill (S. 2869) to facilitate the ability of (B) an outcome-based measurement of per- The joint resolution, with its pre- certain spectrum auction winners to pursue formance; and amble, reads as follows: alternative measures required in the public (C) an analysis of the technology being used interest to meet the needs of wireless tele- by the child pornography industry. S. J. RES. 42 communications consumers. (c) SENTENCING GUIDELINES.—Pursuant to its Whereas Sail Boston is a nonprofit cor- authority under section 994(p) of title 18, United poration dedicated to the promotion of sail There being no objection, the Senate States Code, and in accordance with this sec- training and sail training events in an effort proceeded to consider the bill. tion, the United States Sentencing Commission to build goodwill among the nations of the Mr. REID. I understand that Sen- shall review and, as appropriate, amend the world by encouraging international sailing ators KERRY, BROWNBACK, and Federal Sentencing Guidelines and policy state- competition and gathering of tall ships in HOLLINGS have an amendment at the ments to ensure that the guidelines are adequate the United States; desk. I ask unanimous consent that it to deter and punish conduct that involves a vio- Whereas Sail Boston has successfully pro- be considered and agreed to; the mo- lation of paragraph (3)(B) or (6) of section moted the United States in the international tion to reconsider be laid upon the 2252A(a) of title 18, United States Code, as cre- tall ship community since 1992 with its orga- ated by this Act. With respect to the guidelines nization of numerous tall ship events in Bos- table; that the bill, as amended, be for section 2252A(a)(3)(B), the Commission shall ton and in the Great Lakes; read three times, passed, the motion to consider the relative culpability of promoting, Whereas Sail Boston has worked for more reconsider be laid upon the table, and presenting, describing, or distributing material than a decade in partnership with the Amer- that any statements relating thereto in violation of that section as compared with so- ican Sail Training Association in organizing be printed in the RECORD, with no in- licitation of such material. and implementing tall ship gatherings in the tervening action or debate. SEC. 14. SEVERABILITY. United States to emphasize and promote the The PRESIDING OFFICER. Without If any provision of this Act, an amendment values of learning and education at sea; objection, it is so ordered. made by this Act, or the application of such pro- Whereas Sail Boston has successfully es- The amendment (No. 4957) was agreed vision or amendment to any person or cir- tablished a unique reputation in the celebra- cumstance is held to be unconstitutional, the re- tion of major sailing events and milestones to as follows: mainder of this Act, the amendments made by in the maritime history of the United States; (Purpose: To authorize the Federal Commu- this Act, and the application of the provisions of Whereas Sail Boston served as an organizer nications Commission to refund deposits such to any person or circumstance shall not be for the bicentennial celebration of our coun- and downpayments made by Auction 35 affected thereby. try’s oldest commissioned warship, the winning bidders who elect to withdraw Mr. REID. I ask unanimous consent U.S.S. Constitution, in 1997 and was selected their bids) that the committee substitute be by the International Sail Training Associa- Strike out all after the enacting clause and agreed to, the bill, as amended, be read tion of London as Port Organizer for the insert the following: a third time, passed, the motion to re- gathering of the world’s tall ships in Boston SECTION 1. RELIEF FROM CONTINUING OBLIGA- in 1992 and again in 2000 as part of our coun- TIONS. consider be laid upon the table, with no try’s millennium celebration; A winning bidder to which the Commission intervening action or debate, and that Whereas Sail Boston promoted and imple- has not granted an Auction 35 license may any statements relating thereto be mented 1 of the world’s largest tall ship irrevocably elect to relinquish any right, printed in the RECORD. events in the history of sail training in the title, or interest in that license and the asso- The PRESIDING OFFICER. Without year 2000, when over 7,500,000 people wel- ciated license application by formal written objection, it is so ordered. comed a gathering of 145 international and notice to the Commission. Such an election The committee amendment in the domestic tall ships, representing 34 coun- may only be made within 30 days after the nature of a substitute was agreed to. tries, to the port of Boston; and date of enactment of this Act. A winning bid- The bill (S. 2520), as amended, was Whereas Sail Boston will continue its der that makes such an election shall be free read the third time and passed. international goodwill promotions with a of any obligation the winning bidder would gathering of tall ships in Boston in 2004: otherwise have with respect to that license, f Now, therefore, be it the associated license application, and the COMMENDING SAIL BOSTON FOR Resolved by the Senate and House of Rep- associated winning bid, including the obliga- ITS CONTINUING ADVANCEMENT resentatives of the United States of America in tion to pay the amount of its winning bid OF THE MARITIME HERITAGE OF Congress assembled, That— that would be otherwise due for such license. NATIONS (1) Sail Boston is commended for— SEC. 2. RETURN OF DEPOSITS AND (A) its excellence in the promotion of tall DOWNPAYMENTS. Mr. REID. Madam President, I ask ships and maritime events in Boston and in Within 37 days after receiving an election unanimous consent that the Com- ports throughout the United States; and that meets the requirements of section 3

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.177 S14PT2 S11154 CONGRESSIONAL RECORD — SENATE November 14, 2002 from an Auction 35 winning bidder that has NORTH AMERICAN WETLANDS (A) by striking ‘‘(but at least 50 per cen- made the election described in section 1, the CONSERVATION REAUTHORIZA- tum and not more than 70 per centum there- Commission shall refund deposit or down- TION ACT of)’’ and inserting ‘‘ø(but at least 25 percent payment made with respect to a winning bid- and not more than 50 percent thereof)¿ (but der for the license that is the subject of the Mr. REID. Madam President, I ask at least 30 percent and not more than 60 per- election. unanimous consent the Senate proceed cent)’’; and SEC. 3. COMMISSION TO ISSUE PUBLIC NOTICE. to Calendar No. 692, H.R. 3908. (B) by striking ‘‘4 per centum’’ and insert- (a) PUBLIC NOTICE.—Within 5 days after the The PRESIDING OFFICER. The ing ‘‘4 percent’’; and date of enactment of this Act, the Commis- clerk will report the bill by title. (2) in paragraph (2) by striking ‘‘(but at sion shall issue a public notice specifying the The legislative clerk read as follows: least 30 per centum and not more than 50 per centum thereof)’’ and inserting ‘‘ø(but at form and the process for the return of depos- A bill (H.R. 3908) to reauthorize the North its and downpayments under section 2. least 50 percent and not more than 75 percent American Wetlands Conservation Act, and thereof)¿ (but at least 40 percent and not more (b) TIME FOR ELECTION.—An election under for other purposes. this section is not valid unless it is made than 70 percent)’’. within 30 days after the date of enactment of There being no objection, the Senate SEC. 7. CLARIFICATION OF NON-FEDERAL SHARE this Act. proceeded to consider the bill which OF THE COST OF APPROVED WET- LANDS CONSERVATION PROJECTS. SEC. 4. WAIVER OF PAPERWORK REDUCTION ACT had been reported from the Committee REQUIREMENTS. on Environment and Public Works with Section 8(b) (16 U.S.C. 4407(b)) is amended Section 3507 of title 44, United States Code, amendments, as follows: by striking so much as precedes the second sentence and inserting the following: shall not apply to the Commission’s imple- [Strike the parts shown in boldface mentation of this Act. ‘‘(b) COST SHARING.—(1) Except as provided brackets and insert the parts shown in in paragraph (2), as a condition of providing SEC. 5. NO INFERENCE WITH RESPECT TO italic.] assistance under this Act for any approved NEXTWAVE CASE. H.R. 3908 wetlands conservation project, the Secretary It is the sense of the Congress that no in- shall require that the portion of the costs of ference with respect to any issue of law or Be it enacted by the Senate and House of the project paid with amounts provided by fact in Federal Communications Commission Representatives of the United States of America non-Federal United States sources is equal v. NextWAVE Personal Communications, in Congress assembled, to at least the amount allocated under sub- Inc., et al. (Supreme Court Docket No. 01– SECTION 1. SHORT TITLE. section (a) that is used for the project. 653) should be drawn from the introduction, This Act may be cited as the ‘‘North Amer- ‘‘(2) Federal moneys allocated under sub- amendment, defeat, or enactment of this ican Wetlands Conservation Reauthorization section (a) may be used to pay 100 percent of Act. Act’’. the costs of such projects located on Federal SEC. 6. DEFINITIONS. SEC. 2. AMENDMENT OF NORTH AMERICAN WET- lands and waters, including the acquisition LANDS CONSERVATION ACT. In this Act: of inholdings within such lands and waters. (1) AUCTION 35.—The term ‘‘Auction 35’’ Except as otherwise expressly provided, ‘‘(3)’’. whenever in this Act an amendment or re- means the C and F block broadband personal SEC. 8. TECHNICAL CORRECTIONS. communications service spectrum auction of peal is expressed in terms of an amendment (a) The North American Wetlands Con- the Commission that began on December 1, to, or repeal of, a section or other provision, servation Act is amended as follows: 2000, and ended on January 6, 2001, insofar as the reference shall be considered to be made (1) In section 2(a)(10) (16 U.S.C. 4401(a)(10)), that auction related to spectrum previously to a section or other provision of the North by inserting ‘‘of 1973’’ after ‘‘Species Act’’. licensed to NextWave Personal Communica- American Wetlands Conservation Act (16 (2) In section 2(a)(12) (16 U.S.C. 4401(a)(12)), tions, Inc., NextWave Power Partners, Inc., U.S.C. 4401 et seq.). by inserting ‘‘and in 1994 by the Secretary of or Urban Comm North Carolina, Inc. SEC. 3. FINDINGS AND STATEMENT OF PURPOSE. Sedesol for Mexico’’ after ‘‘United States’’. (2) COMMISSION.—The term ‘‘Commission’’ (a) FINDING.—Section 2(a)(1) (16 U.S.C. ø(2)¿ (3) In section 3(2) (16 U.S.C. 4402(2)), by means the Federal Communications Com- 4401(a)(1)) is amended by striking ‘‘and other striking ‘‘Committee on Merchant Marine mission or a bureau or division thereof ac- habitats’’ and inserting ‘‘and associated and Fisheries of the United States House of tion on delegated authority. habitats’’. Representatives’’ and inserting ‘‘Committee (3) WINNING BIDDER.—The term ‘‘winning (b) PURPOSES.—Section 2(b) (16 U.S.C. on Resources of the House of Representa- bidder’’ means any person who is entitled 4401(b)) is amended— tives’’. under Commission order FCC 02–99 (released (1) in paragraph (1) by striking ‘‘and other ø(3)¿ (4) In section 3(5) (16 U.S.C. 4402(5)), by March 27, 2002), to a refund of a substantial habitats for migratory birds’’ and inserting inserting ‘‘of 1973’’ after ‘‘Species Act’’. portion of monies on deposit for spectrum ‘‘øand associated habitats for wetland de- (5) In section 3(6) (16 U.S.C. 4402(6)), by in- formerly licensed to Nextwave and Urban pendent migratory birds¿ and habitats associ- serting after ‘‘1986’’ the following: ‘‘, and by Comm as defined in that order. ated with wetland ecosystems’’; the Secretary of Sedesol for Mexico in 1994, (2) in paragraph (2) by inserting ‘‘wetland The bill (S. 2869), as amended, was and subsequent dates’’. ødependent associated≈’’ before ‘‘migratory read the third time and passed. ø(4)¿ (6) In section 4(a)(1)(B) (16 U.S.C. bird’’; and 4403(a)(1)(B)), by striking ‘‘section 3(2)(B)’’ (3) in paragraph (3)— and inserting ‘‘section 3(g)(2)(B)’’. f (A) by inserting ‘‘wetland ødependent¿ ø(5)¿ (7) In section 4(c) (16 U.S.C. 4403(c)), in associated’’ before ‘‘migratory birds’’; and the matter preceding paragraph (1), by strik- (B) by inserting ‘‘, the United States DAM SAFETY AND SECURITY ACT ing ‘‘Commission’’ and inserting ‘‘Council’’. Shorebird Conservation Plan, the North OF 2002 ø(6)¿ (8) In section 5(a)(5) (16 U.S.C. American Waterbird Conservation Plan, the 4404(a)(5)), by inserting ‘‘of 1973’’ after Mr. REID. Madam President, I ask Partners In Flight Conservation Plans,’’ ‘‘Species Act’’. unanimous consent that the Senate after ‘‘North American Waterfowl Manage- (9) In section 5(b) (16 U.S.C. 4404(b)), by proceed to Calendar No. 617, H.R. 4727. ment Plan’’. striking ‘‘by January 1 of each year,’’ and in- The PRESIDING OFFICER. The SEC. 4. DEFINITION OF WETLANDS CONSERVA- serting ‘‘each year’’. TION PROJECT. clerk will report the bill by title. (10) In section 5(d) (16 U.S.C. 4404(d)), by The legislative clerk read as follows: Section 3(9) (16 U.S.C. 4402(9)) is amended— striking ‘‘one Council member’’ and insert- (1) in subparagraph (A) by inserting ‘‘of a A bill (H.R. 4727) to reauthorize the na- ing ‘‘2 Council members’’. wetland ecosystem and associated habitat’’ tional dam safety program, and for other ø(7)¿ (11) In section 5(f) (16 U.S.C. 4404(f)), after ‘‘including water rights,’’; and purposes. by striking ‘‘subsection (d)’’ and inserting (2) in subparagraph (B) by striking ‘‘and There being no objection, the Senate ‘‘subsection (e)’’. other habitat’’ and inserting ‘‘and associated ø(8)¿ (12) In section 10(1)(C) (16 U.S.C. proceeded to consider the bill. habitat’’. 4409(1)(C)), by striking ‘‘western hemisphere Mr. REID. I ask unanimous consent SEC. 5. REAUTHORIZATION. pursuant to section 17 of this Act’’ and in- that the bill be read three times, Section 7(c) (16 U.S.C. 4406(c)) is amended serting ‘‘Western Hemisphere pursuant to passed, the motion to reconsider be by striking ‘‘not to exceed’’ and all that fol- section 16’’. laid upon the table, and that any state- lows and inserting ‘‘not to exceed— ø(9)¿ (13) In section 10(1)(D) (16 U.S.C. ments relating thereto be printed in ‘‘(1) $55,000,000 for fiscal year 2003; 4409(1)(D)), by striking the period and insert- ‘‘(2) $60,000,000 for fiscal year 2004; the RECORD, with no intervening action ing ‘‘; and’’. ‘‘(3) $65,000,000 for fiscal year 2005; ø ¿ or debate. (10) (14) In section 16(a) (16 U.S.C. 4413), ‘‘(4) $70,000,000 for fiscal year 2006; and by striking ‘‘western hemisphere’’ and in- The PRESIDING OFFICER. Without ‘‘(5) $75,000,000 for fiscal year 2007.’’. serting ‘‘Western Hemisphere’’. objection, it is so ordered. SEC. 6. ALLOCATION. (b)(1) Section 112(1) of Public Law 101–593 The bill (H.R. 4727) was read the third Section 8(a) (16 U.S.C. 4407(a)) is amended— (104 Stat. 2962) is amended by striking ‘‘and time and passed. (1) in paragraph (1)— before the period’’.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.179 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11155 (2) Paragraph (1) of this subsection shall be were the forerunners of the standards- This is an area of concern for Senator effective on and after the effective date of based school reform movement em- CLINTON, Senator BOND, and Senator section 112(1) of Public Law 101–593 (104 Stat. braced throughout the Nation today MIKULSKI, and I commend them for this 2962). and most recently in the new No Child initiative. Quality and merit should be SEC. 9. CHESAPEAKE BAY INITIATIVE. Left Behind Act governing nearly all the touchstones of our Nation’s invest- Section 502(c) of the Chesapeake Bay Initia- tive Act of 1998 (16 U.S.C. 461 note; Public Law federal elementary and secondary edu- ment in the sciences. 105–312) is amended by striking ‘‘2003’’ and in- cation programs. The National Science Foundation serting ‘‘2008’’. We can and should build on NSF’s Doubling Act is a thoughtful piece of Mr. REID. I ask unanimous consent record in improving the lives of mil- bipartisan legislation that prepares us that the committee reported amend- lions of Americans. The 20th Century for the future. I urge my colleagues to ments be agreed to; the bill, as amend- was the era of the industrial age, and support it. ed, be read three times and passed; the the 21st Century will be the era of in- Mr. HOLLINGS. Madam President, motion to reconsider be laid upon the formation technology and the life today, the Senate will pass legislation table, and any statements be printed in sciences. that authorizes the doubling of the Na- the RECORD. The bill before us doubles NSF’s tional Science Foundation budget by The PRESIDING OFFICER. Without budget authority over the next five fiscal year 2007. As you all know, NSF objection, it is so ordered. years. It matches the growth of the Na- is the nation’s premier federal science The committee amendments were tional Institutes of Health over the agency that invests in basic research agreed to. last five years. We double budget au- across all disciplines. We rely on NSF The bill (H.R. 3908), as amended, was thority for research and development research to open new frontiers of read the third time and passed. in the physical sciences and theoretical science, and I am proud that we can f mathematics, because they support ad- pass this important legislation today. vances in the health sciences and be- We have approached this legislation NATIONAL SCIENCE FOUNDATION cause they are valuable in their own in concert with our friends on the AUTHORIZATION ACT OF 2002 right. Health, Labor, Education, and Pen- Mr. REID. I ask unanimous consent I am particularly proud that the leg- sions Committee, Senators KENNEDY the HELP Committee be discharged islation before us authorizes a new sec- and GREGG. Once again, it has been a from further consideration of H.R. 4664 ondary school systemic initiative at pleasure to work with Chairman and the Senate proceed to its imme- NSF that will develop model school re- BOEHLERT and ranking member RALPH diate consideration. forms to improve high school student HALL of the House Science Committee. The PRESIDING OFFICER. Without math and science performance and bet- Obviously, we could not have produced objection, it is so ordered. The clerk ter prepare all students for college- this product without Senator MCCAIN, will report the bill by title. level and technical work. For too long, Senator ROCKEFELLER, and the other The legislative clerk read as follows: federal policy has paid scant attention members of the Commerce Committee. A bill (H.R. 4664) to authorize appropria- to the needs of secondary school stu- We were also pleased to work with our tions for fiscal years 2003, 2004, and 2005 for dents. Senator JEFFORDS and I have friends, Senators BOND and MIKULSKI, the National Science Foundation, and for been working extensively in this area. who have been leaders on the NSF. other purposes. I commend him for his leadership and This doubling bill is vital. The Hart- There being no objection, the Senate look forward to continued work with Rudman Commission on National Secu- proceeded to consider the bill. him on the needs of secondary stu- rity, and former speaker Newt Ging- Mr. KENNEDY. Madam President, I dents. rich, warned that our failure to invest am pleased the Senate will consider The bill before us supports model in science and to reform math and and pass today, the National Science math and science partnerships between science education was the second big- Foundation Doubling Act. This bill is institutions of higher education and gest threat to our national security. the product of extensive bipaprtisan, local school districts to improve the NSF is well positioned to address this bicameral negotiations among the knowledge and teaching techniques of threat. After all, NSF invests in math House of Representatives Committee current and future math and science and science education from kinder- on Science, the Senate Committee on teachers. The math and science part- garten all the way through to the post- Health, Education, Labor, and Pen- nership provisions are based on pro- doctoral level and beyond. This bill al- sions, and the Senate Committee on posals offered by the Administration, lows the Foundation to increase that Commerce, Science, and Transpor- Senator FRIST, Senator ROBERTS, Sen- investment, while reaffirming our com- tation. It is based on S. 2817, which I ator ROCKEFELLER, and Senator mitment to women, minorities, and introduced with Senator HOLLINGS, BINGAMAN. They track a strong body of people with disabilities. These under- Senator MIKULSKI, and Senator BOND. I educational research that emphasizes represented groups, together, make up commend them, together with Senator the importance of training math and more than half of our nation’s work GREGG, Senator MCCAIN, House Science science teachers to improve student force and are only increasing. Letting Committee Chairman BOEHLERT, Con- performance in those important sub- these groups fall by the wayside would gressman NICK SMITH, and Congress- ject areas. not only threaten our economic man RALPH HALL for their leadership This legislation supports institutions competiveness, but also our national in crafting this important legislation. of higher education in increasing the security. NSF performs two key functions for number of students, particularly It is often said that more than one- the federal governmnet and the broader women and minorities, who study to- half of our nation’s economic growth research community. It supports basic ward and obtain degrees in science, since World War I has stemmed from research and development in math, math, engineering, and technology. technology driven by science. Let me science, engineering, and technology, Senator LIEBERMAN, Senator MIKULSKI, give just one example of how NSF’s in- and it promotes math and science and Senator BOND are leaders on this vestments can spur our economy. NSF learning at every level, from K–12 issue, and I commend them as well. We is the leading agency in the National through post-graduate education. have an economic need and a national Nanotechnology Initiative. Few people realize how influential security imperative to increase the Nanotechnology—which is the science NSF has been to their daily lives. NSF number and quality of students study- of manipulating matter at the atomic has funded basic research leading to ing science, math, engineering, and and molecular level—will cut across the creation of doppler weather radar, technology at the post-secondary level. every scientific discipline, including retail bar codes, speech recognition Finally, the bill before us reforms materials and manufacturing, software, magnetic resonance imaging NSF’s program on major research and healthcare and medicine, energy and machines, and even World Wide Web facilities equipment, to help prioritize the environment, agriculture, bio- browsers, such as Netscape and projects and guard against cost over- technology, information technology, Microsoft’s Internet Explorer. NSF runs and approval of proposals that and national security. Worldwide, the education initiatives of the late 1980s have not received adequate analysis. market for nanotechnology is expected

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.180 S14PT2 S11156 CONGRESSIONAL RECORD — SENATE November 14, 2002 to be $1 trillion annually within 10 to ical factor in our military superiority. line in our workforce, the mismatch 15 years. NSF’s cross-disciplinary ap- Education is essential to ensuring that between the demand and supply of proach, which includes groundbreaking the American workforce possesses the workers with science and engineering research into the way society and this skills necessary to meet these innova- training. new technology will interact, will help tion needs. The provisions included in Studies show that the number of jobs this nation take advantage of this legislation will help give univer- requiring significant technical skills is Nanotechnology sooner, better, and sities and colleges in Connecticut and projected to grow by more than 50 per- with greater confidence. nationwide the tools they need to boost cent in the United States over the next Finally, I want to note that NSF is our domestic pool of brainpower—the ten years. But outside of the life responsible for the overall health and next generation of people who will in- sciences, the number of degrees award- well-being of the research enterprise in cubate and implement the next genera- ed in science and engineering has been this country. Congress is now com- tion of ideas to expand our economy. flat or declining. This has helped fuel a pleting its 5-year commitment to dou- I am extremely pleased that the bill well-chronicled shortage of qualified ble funding for the National Institutes passed today includes all of the key New Economy workers. of Health. We made that investment elements of the Technology Talent Act We have tried to temporarily plug because we want to cure and prevent of 2001 S. 1549, legislation that I and my this human capital hole with a stopgap disease. But increasingly, it’s not just colleagues, most notably Senators of foreign workers. Unfortunately, the biomedical research that NIH sup- MIKULSKI, BOND, FRIST and DOMENICI, there is a broad consensus among high- ports that brings us breakthroughs. Re- first proposed a year ago today. The tech leaders and policymakers that it cent advances in biomedical science Technology Talent Act of 2001, ‘‘Tech would be a serious mistake to prolong have relied on advances in fields such Talent Act’’, sought to stimulate eco- this dependence and essentially render as computer science, physics, and nomic growth by boosting the number our GDP contingent on the supply of chemistry. For example, the sequenc- of math, science, technology and engi- H–1 B visa holders. ing of the human genome was enabled neering graduates from U.S. institu- That may sound like a bit of an over- statement to some. But the reality is by powerful computers networked in tions of higher learning. House Science that technological innovation has been innovative ways. The commitment Committee Chairman BOEHLERT intro- a key enabler of our economic and that we are making today to science at duced similar legislation in the House , military dominance over the last half NSF will build our base knowledge in H.R. 3130, on October 16, 2001. century. It is widely acknowledged, non-medical fields to complement the In keeping with the Tech Talent Act, moreover, that we cannot continue to research done at NIH. the National Science Foundation Act NSF research is not just for large of 2002 ‘‘NSF Authorization Act ap- expand our economy in the future if we universities. The Foundation’s contin- proved today establishes a framework don’t take steps now to expand our domestic pool of human intellectual cap- ued support for the EPSCoR program for a multi-year competitive grant pro- ital. supports the development of the gram that would award performance- Now, most answers to serious eco- based grants to institutions of higher science and technology resources of in- nomic challenges flow from the private learning to increase the number of dividual states like South Carolina, sector, which is where growth must math, science, technology and engi- through partnerships that involve the occur. But there are things that the neering graduates. The legislation will state’s universities, industry, govern- Federal Government can do to help, formally authorize an existing program ment, and the Federal research and de- particularly when it comes to edu- at NSF that was inspired by and mod- velopment enterprise. These partner- cating and training our workforce. We eled after Tech Talent Act—the ships put researchers in these states in can provide leadership, focus, and not Science, Mathematics, Engineering,and a better position to compete and win least of all resources, and that was the NSF grants. Technology talent Expansion Program, purpose of the Tech Talent Act as in- Mr. President, I think these argu- STEP. STEP, has already received Fed- troduced, and STEP as is included in ments are solid, simple, and straight- eral appropriations for fiscal year 2002 this NSF legislation. forward. We can talk about NSF’s past and elicited more than 170 applications Specifically, the Tech Talent pro- outstanding contributions to science. from interested colleges and univer- gram aims to fix a critical link in this We can talk about the future and the sities, of which 16 were awarded grants. ‘‘tech talent’’ gap—undergraduate edu- importance of science and technology I am pleased that Naugatuck Valley cation in science, math, engineering, to our economy. But, Mr. President, Community College in my home state and technology. As established in our where the rubber meets the road, we was selected to be one of the first bill, it would provide competitive have to stop talking and invest, with grantees under the program and have grants to institutions of higher learn- real money, in the science and engi- every confidence that it will lead the ing, from universities to community neering enterprise that will guaranty Nation in developing creative and ef- colleges, to encourage them to find cre- the health, economic viability, and se- fective ways to build a 21st century ative methods for increasing the num- curity of our future. I, for one, appre- workforce. ber of graduates in these disciplines. ciate the hard work that NSF has done The provisions in the NSP Authoriza- This is not another scholarship pro- over the past 52 years promoting the tion Act before us today achieves the gram, but a targeted, results-driven progress of science, and I thank my same goals as were proposed in my initiative that goes straight to the Senate colleagues for supporting me in Tech Talent Act. The following anal- gatekeepers. We’re not asking them to providing this agency the resources ysis describes the growing talent gap change their admissions policies, but, needed to conquer tomorrow. that threatens America’s leadership in in effect, to design new missions. Come Mr. LIEBERMAN. Madam President, science and technology and clarifies up with effective ideas, and we will pro- I am proud with my Senate colleagues, the goals, concepts, and themes under- vide the dollars to make them work. particularly Senators KENNEDY, GREGG, pinning both my original legislation For example, institutions could pro- and HOLLINGS, in expressing support for and the STEP, or Tech Talent, provi- pose to add or strengthen the inter- this historic legislation, which will sions of the NSF Authorization Act. disciplinary components of under- help ensure that our country continues America’s technological prowess is graduate science education. Or they to be a leader in scientific and techno- unequaled in the world today—which is could establish targeted support pro- logical innovation. I also want to ex- why, despite our economic slowdown grams for women and minorities, who tend my appreciation to Chairman and the financial burdens of pros- are 54 percent of our total workforce, BOEHLERT of the House Science Com- ecuting the war against terror and en- but only 22 percent of scientists and mittee for his leadership in moving suring our collective defense, we still engineers, to increase enrollment and this strongly bipartisan legislation. have the strongest, most vibrant econ- graduation numbers in these fields. Or The reality is that technological and omy on the planet. However, our long- they could partner with local tech- scientific innovation is now widely un- term competitive standing and eco- nology companies to provide summer derstood to be the major driver of economic security could well be at risk if industry internships for ongoing re- nomic growth, not to mention a crit- we do not address a troubling trend search experience.

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.182 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11157 This initiative was conceived with demonstrate that between 1985 and targets established in (8)(a)(7)(D)(i) and strong bipartisan, bicameral support. 2000, the number of bachelor’s degrees to achieve such targets by the end of The Tech Talent Act, as noted, was in- awarded declined from 77,572 to 59,536 the grant period. I further believe that troduced last year by Senators in engineering, and from 16,270 to 14,580 it is inherent in this legislation that MIKULSKI, BOND, FRIST, DOMENICI, and in the physical sciences. Furthermore, grantees that successfully meet their myself; the House companion bill, H.R. the NSF predicts that the number of targets established in (8)(a)(7)(D)(i) 3130, was introduced by House Science jobs requiring skills and backgrounds shall be eligible to compete for subse- Committee Chairman BOEHLERT and in information technology will vastly quent grants. Representative LARSON. By the end of outstrip the number of people capable I believe that this NSF bill provides the year, Congress had agreed to appro- of filling such positions over the next a real boost to efforts that are being priate $5 million for this fiscal year to decade. The negative consequences of undertaken in parts of the country to jumpstart the program in the form of such trends with respect to economic address our technical workforce chal- NSF’s STEP, even though our author- growth, technological innovation, and lenge. As such, it is the intention that izing legislation had not yet been gainful employment have been widely innovative consortias between institu- passed. Most recently, the Senate VA– documented and should represent near tions of higher education and non-prof- HUD Committee Appropriations bill for to medium-term priorities for Tech tal- its, industry or state or local govern- fiscal year 2003 included $20 million for ent funding. ments are eligible to compete for the program. In emphasizing the need to remediate grants under the STEP program per The program also has extremely stagnant or declining trends, we recog- section (8)(a)(7)(F). In particular, I be- broad support outside the Congress. nize and appreciate previous criticisms lieve that legislation under The Administration has supported regarding the difficulty of accurately (8)(a)(7)(F)(iii) allows for non-profits Tech Talent as a priority, including modeling future employment scenarios established on behalf of such high-qual- funding for it in its budget request for and of forecasting areas of societal ity and proven consortias to apply di- FY 2003. In addition, the response from need. Nevertheless, we believe that in- rectly for grants. leaders in industry, academia, and edu- vestments must bear a relationship to For example, the State of Texas cational communities, also has been desired outcomes if limited funds are passed legislation last year that cre- tremendous, we have received letters of to be allocated intelligently. The NSF ated a consortium—the Texas Engi- support from TechNet, Semiconductor is therefore expected to undertake ef- neering and Technical Consortium, Industry Association, National Alli- forts to the best extent it can to iden- TETC, among private industry and 32 ance of Business, K–12 Science, Mathe- tify and account for broader social con- colleges and universities to increase matics, Engineering & Technology Coa- siderations, including generally antici- the number of students graduating lition, American Association of State pated industry requirements or imbal- from Texas schools with degrees in Colleges and Universities, Texas In- ances between the number of students electrical engineering and computer struments, and the American Society graduating across different fields, in science. Grants are awarded to univer- for Engineering Education, to name determining fields appropriate for sities and colleges to support cur- but a few. prioritization. To this end, the NSF riculum changes, bridge programs, and Even more encouraging are the pre- may require applicants to specify the various forms of student and faculty liminary data obtained from NSF’s specific societal needs being addressed support to help increase the retention STEP. NSF received 177 applications by their proposals and to articulate rate of students pursuing degrees in requesting a total of $59.7 million in how such proposals would further the these areas and to attract and retain aid, clear evidence of the vast interest remediation of targeted needs. more underrepresented groups. This in, and need for, the Tech Talent pro- The fundamental goal of the Tech- collaborative effort has received fund- gram among undergraduate institu- nology Talent Act as introduced was to ing from Advance Micro Devices, Texas tions seeking to implement reforms in increase the number of graduates with Instruments, Hewlett Packard, Motor- science and math education. In its first expertise in math, science, technology ola, Intel, Applied Materials and Sabre, year, the program has awarded 16 and engineering to meet the critical with in-kind support from AeA and grants to colleges and universities. needs of our U.S. businesses, indus- TechNet. The state matches private The NSF Authorization Act passed tries, research community and mili- and other contributions up to $5 mil- today will do much to enhance the ef- tary. As such, the intention of sections lion per year. forts already underway at NSF in this (8)(a)(7)(B) and (8)(a)(7)(D)(i) of H.R. In April, grants worth $5.3 million area and to permanently establish 4664 is to require applicants to clearly were awarded to fund 33 projects as 23 ‘‘Tech Talent’’ as a national priority. I establish measurable targets to both institutions. The appeal of this pro- want to make clear the intent of a few increase the number of students study- gram is that industry, academia and provisions in this legislation as their ing toward degrees in science, mathe- the state are working cooperatively implementation will be critical to the matics, technology and engineering, and collaboratively to address a press- success of the program. and to increase the number of students ing workforce need, rather than on a The intent of H.R. 4664, expressed in who have completed degrees, con- school-by-school or company-by-com- section (8)(a)(7)(A), is to prioritize centrations, or certificates in these pany basis. While it is still too early to funding for programs in fields of fields. Therefore, it is intended that ap- determine the success of these projects, science, mathematics, engineering, and plicants that fail to establish goals for which were funded at 64 percent of the technology that have witnessed a pe- both enrollment and completion shall potential grant amount, the institu- riod of stagnant of declining enroll- be considered inadequate. tions are projecting a 13 percent in- ment and degree conferrals, especially Likewise under section crease in total student numbers in where such declines have resulted, or (8)(a)(7)(D)(ii), it is intended that the these programs for fall 2003. If fully are likely to result, in adverse social, Director shall terminate funding in the funded, that increase could go as high economic, technological, or military case of a grantee that has failed to as 23 percent. This is just the type of costs. It deserves clarification that a make substantial progress toward innovation that the Tech Talent is declining trend can be indicated not meeting the targets established in sec- meant to encourage. only through an absolute decrease in tion (8)(a)(7)(D)(i) for increasing the Finally, the real success the version the number of students enrolling or number of students completing de- of the ‘‘Tech Talent’’ program encom- graduating in a particular field, but grees, concentrations or certificates in passed in this legislation will be based through a relative decrease in the pro- science, mathematics, technology and on the successful replication and ex- portion that students of a particular engineering. However, I would encour- pansion of model programs supported field constitute relative to the total age the Director to work with grantees through this grant program at all of number of students enrolled or grad- and provide technical assistance to our higher education institutions. uating across all fields. help ensure that grantees make sub- Therefore, I believe it is critical that For example, statistics from the Na- stantial progress during the first three the Director follow the intent of the tional Science Foundation, NSF, years of the grant toward meeting the original language as introduced in S.

VerDate 0ct 31 2002 05:34 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.187 S14PT2 S11158 CONGRESSIONAL RECORD — SENATE November 14, 2002 1549, section (5)(a), and H.R. 3130, sec- ported work in biology, physics, chem- the Bureau of Labor Statistics predicts tion (4)(d), and select an independent istry, mathematics, engineering, and that during this decade, hi-tech occu- evaluative organization to develop computer sciences. pations will grow by 47 percent, com- metrics for measuring the impact of Today, with this bill, we take an im- pared to 15 percent for the labor force the program, particularly on the num- portant step to ensure the well-being of as a whole. ber of students enrolled, academic per- this Nation and its citizens with pas- Despite many state and national re- formance of students, persistence to sage of this bill to double the funding forms initiated during the last decade, degree completion, and placement in for the basic research and science edu- the quality of mathematics and science post-graduate education or career cation activities of the National education at the precollege level is not pathways, and to identify the program Science Foundation over the next five where it should be. America’s high approaches assisted under this program years. school students continue to lag behind that are the most effective in increas- Some might ask, ‘‘Why should we do in international achievement measures ing the number of students obtaining this now?’’ Let me try and answer that in science and mathematics. U.S. high degrees in science, mathematics, tech- question. school students taking physics lag be- nology and engineering. We have seen some dramatic in- hind students in Norway, Sweden, the In addition, both S. 1549 and H.R. 3130 creases in research and development Russian Federation, Denmark, Ger- intend for the Director to regularly investments during the past decade, many, Australia and seven other coun- disseminate information on the activi- largely from industry. These invest- tries. ties conducted by grantees and the re- ments have contributed to this coun- A persistent issue in science and sults of programs assisted under this try’s standing as a global economic mathematics education remains the grant program, including best prac- powerhouse. size and adequacy of the teaching tices, to participating institutions of However, according to the National force. According to the National Com- higher education and other interested Science Board—in its latest report on mission on Mathematics and Science institutions of higher education. Simi- science indicators—developments Teaching for the 21st Century, the na- larly, I believe it is imperative to share abroad could affect U.S. preeminence tion’s schools will need to hire 2.2 mil- the findings of programs assisted under in the years to come. The Board says lion teachers, including 240,000 middle STEP grants with Congress through in- that the United States finances 44 per- and high school mathematics and terim and final reports so that we may cent of the total worldwide investment science teachers, in the next decade. The need for teachers is most pro- make better policy decisions to en- in R&D—equal to the combined total of nounced in urban and rural areas and hance our nation’s standing as a sci- Japan, the United Kingdom, Canada, within specific disciplines and grade entific and technological leader. France, Germany and Italy. We all realize that solving the under- But other nations are increasing levels of mathematics and science. A survey of urban school districts, by the graduate problem is not going to single their R&D investments and focusing on Council of the Great City Schools and handedly close our talent gap. At the areas such as physical sciences and en- Recruiting New Teachers, Inc., in 1998– same time, we should also realize that gineering, which receive comparably 99, indicated that up to 95 percent of the talent gap cannot be closed with- less funding in the United States. our urban school districts had an im- out first solving the problem at the un- Those changes could lead to the cre- mediate demand for high school dergraduate level. Therefore, I am ation of new centers for research excel- science and mathematics teachers. pleased by the Senate’s unanimous sup- lence abroad, which will encourage A high percentage of science and port today for the NSF Authorization many of those who have come here mathematics teachers lack even a Act of 2002, and the STEP, or Tech Tal- from other countries and have become minor in their teaching field, with 56 ent, provisions encompassed therein. In a part of our science enterprise to re- percent of public secondary students doing so, we will be helping to ensure turn home. receiving instruction in the physical that the young minds of today will be The fact is that this country’s future sciences from teachers without a major capable of mastering and fueling the competitiveness rests on our ability to or minor in the physical sciences. And high-tech economies of tomorrow. develop a U.S. work force that has the as many as 50 percent of new teachers Ms. MIKULSKI. Madam President, I skills necessary to meet the increased in urban school districts leave the rise today to join with Senator competition coming from abroad. teaching profession within their first KENNEDY, Senator HOLLINGS, Senator In this country, R&D investments by three years, further exacerbating GREGG, Senator MCCAIN, and Senator U.S. industry have contributed to a shortages. BOND to urge passage of the National steady stream of innovations and eco- Solving the problem of producing Science Foundation Doubling Act. nomic growth. We are seeing new part- more high-quality, homegrown sci- On July 12, 2002, Senator KIT BOND nerships develop that connect firms entists and engineers—and a well edu- and I joined together and called on our and universities, nonprofit organiza- cated workforce—depends upon solving Senate colleagues to join us in an ef- tions and government. the math and science education prob- fort to double the budget of the Na- Meanwhile, the balance of R&D in- lems we have at the elementary and tional Science Foundation over five vestments continues to shift. As indus- secondary levels of our school system. years. We said at that time, that just try R&D grew to nearly 75 percent of The bill before us today authorizes as we worked collectively to double the the national total by 2000, Federal ex- substantial growth in all areas of basic NIH budget, now was the time for a penditures remained essentially flat research—including the physical, engi- parallel effort on behalf of the funda- over the past decade. neering, biological, and computer mental research supported by the NSF. At the same time federal research ex- sciences—fields vital for progress in NSF’s impact over the past half cen- penditures in life sciences have grown, just about every other area of science tury has been monumental—especially from 41 to 47 percent of the federal including biomedical research. The bill in the field of medical technologies and total between 1990 and 2000. However, also puts a high priority on cutting research. The investments have also the combined share of physical edge programs such as information spawned not only new products, but en- sciences and engineering in federal re- technology, nanotechnology and plant tire new industries, such as bio- search total dropped from 37 to 29 per- genome research. technology, the internet, and e-com- cent in the same period. Under this bill, the NSF budget merce. Medical technologies such as Changes in the U.S. economy have would grow from today’s level of $5 bil- biotechnology, the internet, and e-com- spilled into the workforce. lion to nearly $10 billion by fiscal year merce. Medical technologies such as Information- and technology-based 2007 which should allow for substantial magnetic resonance imaging, changes in the economy have created growth in both the size of the average ultrasound, digital mammography and new opportunities for highly trained award as well increase the number of genomic mapping could not have oc- workers. awards NSF is able to make. Increasing curred, and cannot now improve to the Science and engineering occupational the size of the grants will benefit those next level of proficiency, without un- fields are growing faster than the over- currently conducting research. Increas- derlying knowledge from NSF-sup- all growth of the American work force. ing the number of awards should help

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.188 S14PT2 November 14, 2002 CONGRESSIONAL RECORD — SENATE S11159 those individuals who are just starting merely to provide a permanent author- ORDERS FOR FRIDAY, NOVEMBER their careers in science as well as at- ization for the Plant Genome Project, 15, 2002 tract more women and minorities into and not to state a preference by the Mr. REID. Madam President, I ask our science and technology enterprise. Senate for plant genomics over other unanimous consent that when the Sen- In the area of math and science edu- agricultural genomics programs when ate completes its business tonight, it cation, the bill firmly establishes the it comes to additional funding provided stand in adjournment until tomorrow President’s Math and Science Partner- through appropriations? at 9:45 a.m. I further ask that on Fri- ship program at the National Science Mr. KENNEDY. The Senator is cor- day, immediately following the prayer, Foundation. This is a new effort de- rect. That plant genomics language in- the morning hour be deemed expired, signed to create strong connections be- cluded in the NSF doubling legislations the Journal of proceedings be approved tween state and local school districts is only to establish an authorization, it to date, the time for the two leaders be with our institutions of higher edu- does not state a preference for plant cation. reserved for their use later in the day, genomics over other agricultural This bill also includes a provision for and there be a period of morning busi- a new undergraduate ‘‘tech talent’’ genomics programs that might be pro- ness until 10 a.m. with the time equally program. The ‘‘tech talent’’ program is vided through later appropriations divided between the two leaders or designed to provide financial support acts. their designee; and that at 10 a.m. the to undergraduate students to pursue Mr. HARKIN. I thank the Senator. I majority leader, Senator DASCHLE, or bachelor degrees in science and engi- think that is an important point be- his designee be recognized. neering—all in an effort to help meet cause Senator LUGAR and I worked Further, that the live quorum with today’s and tomorrow’s workforce hard in the Agricultural Research, Ex- respect to cloture motions filed with needs. tension, and Education Reform Act of respect to the Homeland Security Act The funding in this bill will also help 1998 to authorize an agricultural be waived. increase the graduate student stipends genomics program administered by the The PRESIDING OFFICER. Without in both the NSF fellowship programs as National Science Foundation because objection, it is so ordered. well as in the support graduate stu- we felt a balanced genomics program dents receive as research assistants on was essential to keeping U.S. agri- f the NSF research grants. Under this culture productive and competitive. bill, NSF’s entire education and human While I think the plant genomics pro- ARMED FORCES TAX FAIRNESS resources program would grow from gram is an excellent one, I sincerely ACT OF 2002 $875 million in fiscal year 2002 to al- hope that any further increases pro- Mr. REID. Madam President, I ask most $1.8 billion by fiscal year 2007. vided for agricultural genomics be open Finally, this bill includes two provi- unanimous consent that the Senate to animal and microbiological research proceed to the consideration of H.R. sions that relate to the National as will, not just plants. We need a bal- Science Board. These are ‘‘good govern- 5557, which is now at the desk. anced portfolio of agricultural research The PRESIDING OFFICER. The ment’’ provisions that give the Na- to best capitalize on the resources de- tional Science Board, the policy mak- clerk will report the bill by title. voted to agriculture-related genomics ing body of the Foundation, the au- The legislative clerk read as follows: research. I would not want anyone to thority and funding to hire its own A bill (H.R. 5557) to amend the Internal think that the Senate was now back- staff. Our rationale is to ensure that Revenue Code of 1986 to provide a special tracking on the progress we made with the Board remains independent with rule for members of the uniformed services the passage of the 1998 agricultural re- respect to its policy making and over- and Foreign Service in determining the ex- search legislation. clusion of gain from the sale of a principal sight responsibilities. This is particu- Mr. KENNEDY. It is certainly not residence and to restore the tax exempt sta- larly important as Congress attempts tus of death gratuity payments to members to double the NSF over the next five the manager’s intent to limit the Agri- of the uniformed services, and for other pur- years. Finally, it is equally important cultural, Research, Extension, and poses. Education Reform Act of 1998. to know that these provisions do not There being no objection, the Senate preclude the Board and the NSF from Mr. HARKIN. I thank the Senator for proceeded to consider the bill. continuing to work closely together as that. I thank the Senator for yielding. TAX STATUS OF SERVICE PERSONNEL ON DIEGO they have over the years such as in the Mr. REID. I understand Senators GARCIA staffing of NSB committees, sub- KENNEDY, GREGG, and HOLLINGS have a Mr. BAUCUS. The distinguished Sen- committees, and task forces and the substitute amendment at the desk; I ator from Louisiana, Ms. LANDRIEU has development of the biennial Science ask that that amendment be consid- raised an issue with respect to the leg- and Engineering Indicators report. ered and agreed to, the motion to re- islation before us. That legislation, As a Nation, we have a big challenge consider be laid upon the table; the H.R. 5557, deals with tax benefits for ahead of us as we enter the new millen- bill, as amended, be read three times nium. Our world has changed and we military service personnel. Senator and passed; the motion to reconsider be must do what is necessary to meet the LANDRIEU would like clarification from laid upon the table; the title amend- new challenges that will surely come the Administration on the status of ment be agreed to; and any statements our way. The sustained and effective service men and women on the Island be printed in the RECORD with no inter- investment in our Nation’s research of Diego Garcia. These service per- vening action or debate. and education enterprise is one of the sonnel have participated in military keys to meeting those challenges. I The PRESIDING OFFICER. Without operations as part of Operation Endur- urge all my colleagues to join us in en- objection, it is so ordered. ing Freedom and will participate in fu- acting this important investment in The amendment (No. 4958) was agreed ture military operations from that lo- the future of our country. to. cation. There is a question whether these members of the armed forces are NSF REAUTHORIZATION: NSF DOUBLING ACT (The amendment is printed in today’s Mr. HARKIN. Will the Senator yield entitled to be treated in the same man- RECORD under ‘‘Text of the Amend- ner as if such services were in a combat for a question? ments.’’) Mr. KENNEDY. I would be happy to zone. yield to the Senator from Iowa. The bill (H.R. 4644), as amended, was Mr. GRASSLEY. Let me respond to Mr. HARKIN. I see that in this legis- read the third time and passed. the distinguished chairman on this lation, there is an authorization for the The amendment (No. 4959) was agreed point. At the request of the Senator Plant Genome Project, a program that to, as follows: from Louisiana, our staffs made inquiries of the administration on this ques- had previously been authorized only in Amend the title so as to read: ‘‘An Act to appropriations acts. authorize appropriations for fiscal years 2003, tion this evening. In discussion with Mr. KENNEDY. That is correct. 2004, 2005, 2006, and 2007 for the National Treasury officials, our staffs have been Mr. HARKIN. Is the intent of the Science Foundation, and for other pur- assured that the Treasury Department mangers in including this provision poses.’’. will look into this matter and work

VerDate 0ct 31 2002 06:50 Nov 16, 2002 Jkt 019060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.184 S14PT2 S11160 CONGRESSIONAL RECORD — SENATE November 14, 2002 with the Senator from Louisiana to ad- well for them so they can avoid paying heir remaining in the U.S. in such a dress the questions raised by the Sen- their fair share of U.S. taxes. way as to remove any tax benefit from ator. We look forward to an expeditious Under current law, there are special the renouncement of citizenship. response from the Administration. rules that apply to these former citi- Madam President, $656 million in rev- Mr. BAUCUS. I thank my good friend zens that appear to recover funds lost enue from these very few former citi- from Iowa. to the Treasury. But, they are full of zens is a lot of revenue that must be Mr. HARKIN. Madam President, I am holes. Under the current regime, for 10 made up by loyal Americans or in high- pleased that we are passing the Armed years after a U.S. citizen renounces his er debt that Americans will face. I in- Services Tax Fairness Act that will or her citizenship with a principal pur- tend to reintroduce my measure at the make a number of useful tax changes pose of avoiding U.S. taxes, the person beginning of the next Congress and will benefitting our military personnel in- is taxed at the rates that would have be working hard for its passage at the cluding the National Guard and Re- applied had he or she remained a cit- earliest possible point. serve. It includes a provision that I in- izen. Actually the tax is nominally on Mr. REID. I ask unanimous consent troduced that broadens the allowable a broader base of income and on more that the Baucus amendment at the membership of veterans organizations types of transactions. In addition, if desk be agreed to, the bill be read three so ancestors and descendants can be the expatriate dies within 10 years of members. This will allow veterans or- the expatriation, more types of assets times and passed, the motion to recon- ganizations, particularly at the local are included in his or her estate. But, sider be laid on the table, and any chapter level to preserve as tax exempt the reality is that taxes are very often statements be printed in the RECORD, a variety of their activities which oth- not paid. with no intervening action or debate. erwise would be subject to tax as the The reality is that once a person has The PRESIDING OFFICER. Without number of veterans who are members expatriated and removed U.S. assets objection, it is so ordered. decline. from U.S. jurisdiction, it is extremely The amendment (No. 4961) was agreed Unfortunately, because of opposition difficult to enforce the current rules, to. from the House, this measure does not particularly for an entire decade after (The amendment is printed in today’s include a provision passed by the Sen- the citizenship is renounced. The meas- RECORD under ‘‘Text of the Amend- ate on an earlier version of the Armed ure I introduced simply provides that ments.’’) Services Tax Fairness Act that I feel the very act of renouncing ones citizen- The bill (H.R. 5557), as amended, was very strongly about. I introduced it ship triggers the recognition of tax. So, read the third time and passed. earlier this year. It was companion to rather than collecting tax every time a measure introduced by Congressman an asset is sold over the next decade, f RANGEL. my bill treats all of the assets of an ex- My bill blocks the ability of the very patriate as having been sold the day PROGRAM rich to reduce their taxes by renounc- prior to when the person renounces ing their U.S. citizenship. The Joint their citizenship. The taxes are due up Mr. REID. Madam President, I an- Tax Committee has estimated that it front rather than over time. In regard nounce that a motion to proceed to the will raise $656 million from a very few to estate taxes, rather than attempting terrorism insurance conference report people who I call Benedict Arnolds. to collect the tax from the estate of an is possible at about 10 a.m. tomorrow. These are people who turn their back expatriate not in U.S. jurisdiction, my The PRESIDING OFFICER. Without on their country which provided so measure taxes the inheritance of an objection, it is so ordered.

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