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, WEDNESDAY, NOVEMBER 13, 2002 No. 146 Senate The Senate met at 11 a.m. and was I pledge allegiance to the Flag of the will shortly announce that. That time called to order by the Honorable United States of America, and to the Repub- is equally divided between the two DEBBIE STABENOW, a Senator from the lic for which it stands, one nation under God, leaders or their designees. State of Michigan. indivisible, with liberty and justice for all. We will have our regular party con- f ferences from 12:30 to 2:15 p.m. today. PRAYER APPOINTMENT OF ACTING At 2:15, there will be a period of morn- The Chaplain, Dr. Lloyd John PRESIDENT PRO TEMPORE ing business for one-half hour, and at 2:45 p.m. the Senate will vote on clo- Ogilvie, offered the following prayer: The PRESIDING OFFICER. The ture on the Gramm-Miller amendment Gracious God, You have made grati- clerk will please read a communication to the homeland defense bill. tude the powerful antidote to grief. As to the Senate from the President pro There are additional rollcall votes a Senate family we thank You for our tempore (Mr. BYRD). expected today and tomorrow and Fri- dear friends Paul and Sheila Wellstone. The legislative clerk read the fol- day. We hope we can complete most of We are grateful for Senator Wellstone’s lowing letter: courageous leadership and his indefati- the business. It is my understanding U.S. SENATE, the House is going to recess, and they gable commitment to help the poor and PRESIDENT PRO TEMPORE, disadvantaged of our society. We praise Washington, DC, November 13, 2002. may be in pro forma sessions for some You for his prophetic zeal for right- To the Senate: time after that, but basically they are eousness and justice for all people. Under the provisions of rule I, paragraph 3, going home this week. So there is a lot Thank You for the way Senator of the Standing Rules of the Senate, I hereby of work to do with conference reports. Wellstone befriended all the Senate appoint the Honorable DEBBIE STABENOW, a We need cooperation from all Members. staff and employees, particularly po- Senator from the State of Michigan, to per- We hope we can get that done. form the duties of the Chair. lice officers, maintenance personnel, ROBERT C. BYRD, f pages, and those who serve to make the President pro tempore. Senate run smoothly. He knew people’s RESERVATION OF LEADER TIME Ms. STABENOW thereupon assumed names, always had time to stop and the chair as Acting President pro tem- The ACTING PRESIDENT pro tem- visit, and made people feel valued. pore. pore. Under the previous order, the Dear God, You have enriched all our leadership time is reserved. lives with the affirmation and encour- f f agement communicated so generously RECOGNITION OF THE ACTING through Paul and Sheila Wellstone. MAJORITY LEADER MORNING BUSINESS They have done justly, loved mercy, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- and walked humbly with You. Heal our pore. The Senator from Nevada is rec- pore. Under the previous order, there grief over their untimely deaths and ognized. will now be a period for the transaction fill us with Your Shalom. Amen. f of morning business not to extend be- f yond the hour of 12:30 p.m., with Sen- SCHEDULE ators permitted to speak therein for up PLEDGE OF ALLEGIANCE Mr. REID. Madam President, today to 10 minutes each, and with the time The Honorable DEBBIE STABENOW led the Senate will have a period of morn- to be equally divided between the two the Pledge of Allegiance, as follows: ing business until 12:30 p.m. The Chair leaders or their designees.

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VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10850 CONGRESSIONAL RECORD — SENATE November 13, 2002 Mr. REID. Madam President, I sug- sionately. Paul was never afraid to lative strategy on a bill. I wanted to gest the absence of a quorum. voice his ideas or take on big fights. keep the discussion small and focused The ACTING PRESIDENT pro tem- Not only did he win that Senate race, and frank, so I invited two other Sen- pore. The clerk will call the roll. but in the process he inspired a genera- ators and told them not to bring any The legislative clerk proceeded to tion of young people to serve their staff members. When it was time to call the roll. communities. start the meeting, Paul bounced Mrs. MURRAY. Madam President, I On a more personal level, Paul in- ask unanimous consent that the order through the door with three people in spired me to run for the U.S. Senate. tow. Even though staff were not infor the quorum call be rescinded. His brilliant example reminded me The ACTING PRESIDENT pro tem- vited, Paul didn’t mind. But these that you don’t need to be powerful or weren’t his staff—they were his in- pore. Without objection, it is so or- rich—or even tall—to make a dif- dered. terns. He proudly introduced each one ference. You just need to have an hon- of them to us, and they all stayed for f est concern for others, an optimistic the entire meeting. We were still able spirit, and the courage to act. IN REMEMBRANCE OF PAUL to get everything done that we needed WELLSTONE Over the last 10 years, I have agreed—and disagreed—with Paul on to do in the short time we had. Those Mrs. MURRAY. Madam President, on young students got to see democracy October 25, I lost a good friend, the any number of issues. But never once did I doubt his conviction, and never up close. They got to sit in on a closed- Senate lost a leader, and the American door meeting, and they got a sense— people lost an advocate who was never once did Paul let his policy disagreements soften the love and friendship he just for a moment—that they, too, be- afraid to stand up and speak for those longed there and they, too, could do it. who had no voice. felt for all of us. Paul and I worked on I rise today to honor my friend and everything from domestic violence and Paul never stopped showing people colleague, Senator Paul Wellstone, who education to providing health care for what they could accomplish, and that inspired so many people to speak up veterans and protecting families from is because he knew that people—plain and to serve. Even as I stand here asbestos. old people—were important. He didn’t today, I cannot imagine that when I I could always count on Paul to re- care about pollsters and consultants; turn around I won’t see Paul standing mind me that so many Americans have he cared about people. His love did not at his desk, his arms flailing in the air, been dealt a tough hand in life. So depend on whether they could write making some point with great passion. many families, through no fault of him a check. Paul, with his energy and optimism, their own, find themselves struggling, has left a mark on all of us. In 1990, and they need an advocate to speak out My favorite all-time campaign event when Paul Wellstone ran for the Sen- for them in this Congress. with Paul was not a fundraiser, but—in ate, a lot of people were watching him No matter what pressures he faced in true Paul style—it was a ‘‘time-rais- and following his race. Political pun- the Senate or even with his own er.’’ On a cold Saturday morning, Paul dits said he could not win. But as I health, Paul always reminded me how jammed a hall with folks who could not watched him, I became motivated. At lucky we are to be able to serve in the write a check but who could donate 2 the time, I was serving in the Wash- U.S. Senate. hours of time to call or leaflet or an- ington State Senate, and I, too, was One thing I will not forget about swer phones. Judging from the enthu- frustrated by what I saw happening in Paul is that every one of us was impor- siasm of that crowd, yelling to the Washington, DC. tant to him and he proved that time rooftops in the packed room, Paul was In Paul I saw someone who cared and again. A few months ago, I held a their Senator and their guy. He valued about the little guy and who spoke pas- meeting in my office to develop a legis- them and they valued him.

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.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 8633 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10851 I remember another event when Paul lives on in our hearts and in our minds. dirty, ugly thing that was taking wasn’t even scheduled to speak, but he I, for one, am going to miss him very place. It was a dark side of the ended up stealing the show. Earlier much. He was all heart and soul. He is globalizing economy. It was a dark side this year, I was at a press conference impossible to replace. of the fall of the Soviet Union. And on education in the Dirksen Building. I yield the floor, and I suggest the ab- Sheila found out about it by meeting Senators KENNEDY, HARKIN, REED, and sence of a quorum. with Ukrainian women. others were scheduled to talk about The ACTING PRESIDENT pro tem- Now, I am sure there were not many making classrooms less crowded. Out pore. The clerk will call the roll. votes at all in Minnesota that were of nowhere, Paul Wellstone rushed into The legislative clerk proceeded to going to hinge on whether or not Paul the room looking a bit confused. My call the roll. or Sheila were going to work on the colleagues and I looked surprised be- Mr. BROWNBACK. Mr. President, I issue of the trafficking of young girls cause Senator Wellstone was not sched- ask unanimous consent that the order from the former Soviet Union, Nepal, uled to speak and was not on the agen- for the quorum call be rescinded. and India, or from other places. Gen- da. When Paul got to the podium, the The PRESIDING OFFICER (Mr. CAR- erally, there was trafficking from poor- first thing he said was: PER). Without objection, it is so or- er countries into richer countries. But I am not sure if I am in the right room. dered. Paul was such a champion of the value When I ran into Ted Kennedy on the floor a Mr. BROWNBACK. Mr. President, I and the beauty of each person and the while ago, he asked me if I was going to the rise to speak in morning business to needs and the dignity of that indi- education press conference, and I said I pay tribute to Paul and Sheila vidual, and Sheila was as well, that hadn’t heard about it, but I would be there. Wellstone. It is a difficult thing to do. they were willing to put this issue for- He continued: It is a difficult thing for all of us to do. ward and fight for it over a period of a Frankly, I don’t even know if I am talking It is easier for me, right now, to imag- couple years, until we could get the bill to the right group, but I am going to tell you ine Paul standing over there and ar- passed. why we need to fight for our kids. ticulating a great point, a great point Sheila found out about it. She Everyone laughed. Paul went on to that would be for the consideration of brought it to Paul’s attention. He give a passionate, off-the-cuff speech some group of people or an individual learned about it and talked with some that wowed and inspired every person about whom he would be deeply con- of these women who had been traf- in that room. cerned—he was clear, passionate, and ficked. I started to hear about it. I met To me, that really captures Paul’s very forceful in his advocacy for with women who had been trafficked spirit. Wherever some cause needed a them—rather than to think of him as and found out about the despicable na- voice, he would rush in—regardless of being gone but he is. ture of this new form of human slav- the schedule—and give his impassioned You cannot really measure the ery, a human slavery of which one per- best. If there were a need, he would be height of a tree until it is down. That son even wrote a book entitled, ‘‘Dis- there to speak out. is, unfortunately, again, the case for posable People,’’ because it happened Paul had said he didn’t know if he Paul and Sheila Wellstone. He was a in a situation where they would be was in the right room, but today I can really tall man. They were really tall moved from one brothel to another, say with confidence that Paul was in trees in what they did. and then, as they would get sick or dis- the right place all along. I had the great fortune to be able to eased—in some cases they would get We are all poorer for the loss of Paul work with both Paul and Sheila on an tuberculosis, AIDS—the owners would Wellstone, his wife Sheila, his daughter issue we cared a lot about—the traf- even throw them out on the street and Marcia, the members of his staff, and ficking of individuals across country say: Well, we are done with that one. It the pilots who were taken from us on borders, generally for reasons of pros- was just the most ugly act. that dark day. It is sad to say that the titution but also for other purposes. We I remember being in a home for girls Senate will no doubt change without found this was going on. who had been trafficked and returned Paul. No one will pace down this aisle Actually, Sheila discovered this was to Nepal. There were 50 girls, 16 to 18 and speak as passionately as Paul did happening by visiting with a number of years of age. Many of them had been for so many causes. But I hope that Ukrainian women, some of whom had trafficked when they were 12 to 14 each one of us who are here will take been trafficked themselves when the years of age. And a lady was helping on part of Paul’s legacy—for example, Soviet Union fell, when the super- run this home. This was a recovery the spirit to speak out for the under- structure that was the Soviet Union house for girls after they would come privileged, for students in classrooms came down. back from the brothels. This woman with leaky roofs, for the woman on It turned out that gangs, groups was trying to teach them a trade, try- welfare not because she wants to be, came in, the Mafia-type organizations, ing to get them back into the commu- but because of domestic violence and to operate in the former Soviet Union, nity in Nepal. She would point around she is trying to get back on her feet. and they would run a number of dif- the room and say: That girl has tuber- I hope we will pick up his legacy and ferent things. They would run drugs, culosis and AIDS and she is dying. This speak out for the workers who are out they would run weaponry, and they girl is dying. That girl has this disease; of a job because this economy has left would run people. It turned out the I don’t know if she is going to make it. them behind, or for those who are try- trafficking of people was actually their These were girls who were 16 years of ing to overcome mental illness and just third most profitable operation. It was age who should have been in the very need some help from their insurance a real despicable thing they were flower of their lives, and they were all company. doing. They would actually go into dying. I hope, too, that we will carry on communities, trick young ladies, gen- They saw it. They were willing to Paul’s legacy of respect. Paul spoke erally—sometimes young boys, but fight for these other people. And we from the heart and he spoke passion- generally young girls—saying: We have were able to get through legislation on ately. But he never held any disrespect this great bit of excitement for you. We sex trafficking. for those with different views. I saw are going to be able to have you travel Paul joked with me afterwards. He is him so many times debate long and to Europe or to the Middle East. a more liberal Member and I am a more hard against another Senator and then With the fall of the Soviet Union, conservative Member. After that legis- step away from the microphone and they didn’t see hope or opportunity in lative session, he commented that he share a laugh or a hug with the very their own country, and they would sign moved from being the most liberal person he had just debated a few mo- on, only to have their papers taken Member to the second most liberal ments before. away once they crossed the border. Member of the Senate, and he blamed If we can remember to fight for all They would be put into a brothel, in it on working with me. I said: Well, Americans, no matter what challenges some cases chained and tortured until just hang around with me, Paul, and we they have been dealt, and if we do it they would submit to prostitution. And will get you reelected. with respect and dignity, then Paul’s then they would even be moved from He had that kind of humor. He was a legacy will live on in the Senate, as it brothel to brothel. It was a real seamy, friend. He was a friend that was not

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10852 CONGRESSIONAL RECORD — SENATE November 13, 2002 scared of ideology splitting people hard to think of him being gone. I sup- for the people’s good, and if we do that, apart. He had his beliefs; I had mine. pose that is because he and Sheila real- we will have honored his name, hon- We all do. But he did not let that sepa- ly probably still are here. ored the commitment he made to pub- rate him. He did not judge a person’s My prayers have been with them, lic service, and honored the people of soul by their ideology. He judged peo- with the other people who went down the United States. ple by their character and their heart, in that plane. So tragically their lives I will miss Paul. He was a man of where they would be willing to stand. were ended early. None of us will know great strength and character. This I would often see him come over to why on this side of eternity, but we can body will be poorer for his absence. Our greet and talk with JESSE HELMS. He always learn and grow from him. We thoughts and prayers go out to his fam- and JESSE disagreed on a number of are caused to grow in our life by each ily and friends. issues, but they both had passion, soul, person with whom we come in contact. I yield the floor and suggest the ab- and heart. That is what they respected I was caused to grow in a very profound sence of a quorum. and loved about each other, and that is and very personal way by my contact The PRESIDING OFFICER. The what I continue to see and love about with Paul and Sheila. I am indebted to clerk will call the roll. Paul and Sheila Wellstone, that pas- them. I pay tribute to them and what The assistant legislative clerk pro- sion, heart, and soul that would carry they have done. God bless them. ceeded to call the roll. them forward. The PRESIDING OFFICER. The Sen- Mr. HUTCHINSON. Mr. President, I I do not know that there is a better ator from Alabama. ask unanimous consent that the order quote one could put forward than from Mr. SESSIONS. I would like to join for the quorum call be rescinded. Dr. Martin Luther King. He once noted my colleague, Senator BROWNBACK, in The PRESIDING OFFICER. Without that the ultimate measure of a man is paying tribute to the life of Paul and objection, it is so ordered. not where he stands in moments of Sheila Wellstone. It is also so impor- Mr. HUTCHINSON. Mr. President, I comfort but where he stands at times tant for us to remember the staff and take a moment to pay my personal of challenge and controversy. others who were on that airplane. We tribute to Paul Wellstone. Paul was a If we measure Paul and Sheila by have people in this country who serve dear friend and someone for whom I that measurement, they stand as a every one of us, and their lives were had a great deal of respect, someone very tall tree. Paul knew controversy. given in service of their country also. with whom I enjoyed working. We He knew difficulty. He knew challenge. Paul was a unique individual, no served on the Health, Education, and It rallied him. It made him taller. It doubt about it, a man who made us Labor Committee together. We served made him stronger. It was not comfort smile even when we were in debate on the Workforce Protections Sub- that he sought. It was not comfort that against him. He was a happy warrior. I committee together. We had many op- he wanted to have. I have often think that is a good description of him. portunities to deal on differing posi- thought that in this life it is chal- All of this points out, as the Scrip- tions, obviously, on that committee, lenges that build us, it is not comfort ture says, that life is but a vapor. We but always with great congeniality and that builds us; that God has created us are only here a short time. We might with a great deal of affection for one to meet challenges, not to sit back and as well pour ourselves into it and fight another. to eat bon-bons or to let things go by for what we believe. Else, what is life He and I were both in very heated re- in a measurable way, but He puts chal- all about? election campaigns, very tight reelec- lenges in front of us. The more we are He did that. He poured himself into tion campaigns, and oftentimes dis- willing to accept, the more He is will- his job, poured himself into his view of cussed before the adjournment our mu- ing to give, and the more He is willing the world and life in general and fought tual desire to be able to campaign in to test us. for that. His political agenda was an our States. Paul and Sheila accepted challenge expanded government. He wanted to I share the grief of my colleagues in after challenge, controversy after con- help people in need. He was passionate the loss we have all experienced, the troversy, always with a pure heart, about that. He wanted to help people. State of Minnesota has experienced, wanting to do the right thing to help To a large degree, I suppose the dis- along with his family and what they people, regardless of what it might agreement I had with him was that he are enduring. We also look back with a mean to themselves. They were there believed that government was the way great deal of joy at the life he lived and to do it and they wanted to do it. They to make that happen, but the goal was the contribution he made not only to relished doing it and they grew in good. I know Paul liked me, and I loved his State, to his country, but to each doing it. He was a spirited fighter. him. He was an individual who was one of our lives. I remember reading about—certainly very special. I recall so often Paul standing at his I was not in this body then—when Hu- I feel real sad about this entire event, desk. He took the desk of one of my bert Humphrey served in this body and as do all of us in this Senate. I remem- predecessors in the Senate, Dale Bump- was dying of cancer and they had a ber his vote against the Iraq resolu- ers from Arkansas. He was a good suc- tribute to him in Time magazine. I re- tion, which was something I felt very cessor for that position. Where Senator member so vividly reading about it. strongly in favor of. He was the only Bumpers would often walk up and down The title of it was ‘‘Happy Warrior,’’ Member of this body who was up for re- that aisle with great passion, so, too, because he was a warrior and he was election who had to answer to the vot- Paul Wellstone would use the entire happy about it, that his course, his ers on that issue. He did not see it the length as he wandered that aisle and as challenge, in life was to be a warrior. way I saw it, and he did not tack to the he spoke with such passion and such He relished in the opportunity to be a wind. He voted against that resolution conviction. warrior. and went back home and answered to I remember often his referring to I did not know him personally, but he people of Minnesota. He told them why himself, as he would speak, ‘‘as a Sen- could not imagine, as I understand his he did it, and either they agreed with ator from the State of Minnesota.’’ He personality, that there would be any him or they forgave him. He was able would use that expression. I don’t know calling any better than to be a warrior. to cast what many thought was an un- if that is as commonly used as he used Paul followed in those footsteps in a popular vote and not suffer the appar- it—‘‘as the Senator from the State of great and magnificent way. He was a ent political consequences. Minnesota’’—and he stated his position happy warrior, happily fighting for his I believe Paul was a special person. and conviction. I thought that phrase, cause, happily pressing forward, know- He set a good example for all of us to ‘‘a Senator from the State of Min- ing that people disagreed with him. I realize that life is short. We are only nesota,’’ summed up an awful lot of disagreed with him often, but I could given this opportunity to serve in the Paul Wellstone. He was proud of the never disagree with that passion. Nor greatest deliberative body of the great- State of Minnesota, representing the could I ever disagree with that heart. est country in the history of the world State of Minnesota and the people of We developed a really good friendship. for what we have to assume is a very Minnesota. He was proud also of this He is a man I was very fond of and I short time. We might think constantly institution, being a Senator. He never am fond of even now. As I say, it is that therefore we should use this office lost the love and the awe for serving in

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10853 this great institution. In my mind, I has been so often on the other side of always had a ready wink or smile or will always be able to hear echoing the ideological divide. At the conclu- joke to share when the debate had Paul Wellstone as he spoke on issue sion of his remarks, he embraced Sen- ended. And he had a sense of humor after issue as a Senator from the State ator HELMS. that was downright infectious. of Minnesota. Paul was a man of ideas, but also a I worked most closely with Senator The area in which we found mutual man of the people. He will be sorely Wellstone on agriculture issues. Paul interest and, though from very oppo- missed and our thoughts and prayers was a fighter. He worked tirelessly to site ends of the political spectrum, are with his sons, the Wellstone staff, improve policy for the farmers in Min- similar feelings was the area of human and the people of Minnesota during nesota and other rural states. Min- rights, especially on the cause of China this difficult time. nesota’s dairy farmers couldn’t have and the people of China, telling the Mr. CONRAD. Mr. President, I rise asked for a more vigorous ambassador world about the human rights abuses today to remember a man who is deep- in the fight for a fairer dairy program; that continue even to this day in ly missed. He was a colleague, a leader his efforts paid off in the 2002 farm bill, China. Paul and I held many press con- and a friend: Senator Paul Wellstone of which made great strides in leveling ferences with Members, colleagues Minnesota. Since joining the Senate in the playing field for Midwestern dairy from the House, who shared concerns 1990, Paul earned his reputation as a farmers. Paul worked on conservation about China. He and I made many floor great leader and a man of the people. issues, supported farm payment pro- speeches about the remembrance of the He had strong convictions and an un- grams to family farmers and worked to Tiananmen Square massacre and some paralleled passion for supporting the improve nutrition programs in the of the tragedies in the past. under-represented. farm bill. Senator Wellstone also un- I speak today with great affection, As a member of the Health, Edu- derstood the value of strong commu- great admiration, and a great sense of cation, Labor, and Pensions Com- nities in rural areas and tirelessly loss about Paul Wellstone. He was a mittee, Senator Wellstone was a tire- pushed for rural economic develop- person who had great convictions. He less advocate for the concerns of work- ment. As with everything else he was a man of great conscience. He was ing Americans. He pushed for expanded worked on, Paul brought a unique pas- a man who did not mind if he upset the school funding and for improved teach- sion and unceasing efforts to these bat- political order. He did not care that it er quality. He championed expanded fi- tles. might disrupt someone’s schedule if he nancial aid to make sure that money Paul also worked side-by-side with needed to make a speech on a position was not an insurmountable hurdle for me after the Red River flooded Grand about which he felt very deeply. As one those who wanted to go to college. He Forks and East Grand Forks in one of who admired him for his conscience fought for a higher minimum wage and the worst flood disasters in our history. and his passion, I simply pause today better working conditions. He wanted His advocacy was invaluable as we se- to express my appreciation and admira- to help the average American by work- cured disaster aid to rebuild the com- tion for the contribution he has made ing to provide better, more affordable, munities that had been devastated by to all of us. more available health care. It was visi- flooding and fires. When a battle was I yield the floor and suggest the ab- ble to all who watched him that Paul truly important and people’s liveli- sence of a quorum. truly loved his work, and the people for hoods were on the line, there was no The PRESIDING OFFICER. The whom he did that work. one who would fight harder than PAUL clerk will call the roll. Paul was a strong voice in the Senate WELLSTONE. The assistant legislative clerk pro- and across the country in the battle for We also worked together on the issue ceeded to call the roll. human rights. For example, Paul and of mental health parity. I can well re- Mr. DORGAN. Mr. President, I ask his wife Sheila crossed the country member when Senator Wellstone took unanimous consent that the order for fighting against domestic abuse. But this issue to the Senate floor during the quorum call be rescinded. his concern for the dignity of human the debate on health insurance port- The PRESIDING OFFICER. Without beings did not stop at our country’s ability. The managers of the bill had objection, it is so ordered. borders. He championed a trade policy crafted a delicately balanced bill and Mr. NELSON of Nebraska. Mr. Presi- that would protect foreign workers agreed to oppose all amendments in dent, I would like to add my voice to from being exploited by multi-national order to preserve their compromise. the many already heard today in re- corporations. He was a vigorous sup- But that would not stop Paul membrance of a passionate, intelligent, porter for peace in the Middle East and Wellstone. He offered his amendment, spirited man, Paul Wellstone. an advocate of foreign aid to help vul- and gave a typically passionate, per- Senator Wellstone was an original in nerable children and the persecuted of sonal plea to put an end to the injus- a crowd abounding with characters. all races and religions around the tice that condemns those with mental Paul first gained notoriety for earning world. There wasn’t an issue that af- illnesses to inferior health care cov- this office logging miles on a green fected human beings or our quality of erage. I was privileged to join Senator school bus, traveling across the State life that Paul did not actively pursue; DOMENICI and former Senator Alan of Minnesota touching the lives of ev- he fought for the people, stood up for Simpson in making the case for this eryone he came across. Once in Wash- his beliefs and let the political chips amendment. And, despite the bipar- ington, Paul made his mark quickly on fall where they might. tisan opposition of the leadership on each Senator, aide, reporter, and offi- Senator Wellstone was also a leading the bill, Paul’s passion and the per- cer who has been lucky enough to serve proponent for American Veterans and sonal stories shared by his allies car- this institution, with him. their families. Year after year, in ways ried the day overwhelmingly. Paul Wellstone was a man of prin- small and large, Paul Wellstone fought Paul’s enthusiasm was infectious and ciple who provided thoughtful analysis to improve health care and other bene- deeply respected by his colleagues. No of every issue, but unlike some pas- fits for those who had served their loss on an amendment or other setback sionate statesmen, for Paul it was country. Many veterans disagreed with could keep Paul down; he was always never personal. He respected dif- his views on defense and foreign policy, ready to rejoin the fight and perpet- ferences in opinion though he was un- but that did not matter to Senator ually optimistic that he would expand wavering in his own beliefs. And al- Wellstone. He understood that those his coalition and find a way to win the though I only served with him for two who had put their lives on the line for battle the next time. It is his character years, I saw many times his warmth their country deserved special treat- and good humor that we remember, towards those around him regardless of ment and special respect whether they and it is his unquenchable desire to political ideology. supported him or opposed him. help human beings of all kinds that A few weeks ago we were on the floor People didn’t always agree with his will prove to be the greatest loss. giving tribute to another of our Mem- position, but he was always forthright. Mr. ROCKEFELLER. Mr. President, bers, Senator JESSE HELMS, who will be There was never a question of motives Paul Wellstone was a committed and retiring this year. Senator Wellstone with Paul. Senator Wellstone never let effective Senator who will be deeply eloquently praised Senator HELMS, who policy disagreements get personal; he missed by millions of often ignored

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10854 CONGRESSIONAL RECORD — SENATE November 13, 2002 Americans, people who relied on him struggle to end violence against the bipartisan bill reported out of the not only to fight their battles, but to women; workers receiving job training; Governmental Affairs Committee but win important victories on their be- and entrepreneurs, especially women, also has a number of serious short- half. minorities, and the urban poor, prof- comings that I hope to discuss when it I worked closely with Senator iting from a changed and expanded fed- comes to the floor either later today or Wellstone for many years, in a number eral small business loan regime. tomorrow. of areas important to both of us. All these people will remember Paul I am especially concerned that this As Chairman of the Senate Com- Wellstone, as I will, not just for what new substitute bill creating a Depart- mittee on Veterans’ Affairs, I know he said, but what he did. ment of Homeland Security also con- that he was a tireless fighter for the tains a number of special interest pro- f men and women who had served in visions that are being sprung on the America’s armed forces, especially for RECESS Senate without prior warning or con- ill and aging veterans, those least able The PRESIDING OFFICER. Under sideration. This is really not the time to fight for themselves, yet most in the previous order, the hour of 12:40 for that. We all ought to be focusing on need of our help. having arrived, the Senate will now the terrorist threat, the need to create He fought for children, for their edu- stand in recess until the hour of 2:15 a Department of Homeland Security to cation and health care. And he worked p.m. meet that threat, and not on using a to fashion a welfare system that en- Thereupon, the Senate, at 12:40 p.m., vehicle that is probably moving to pas- couraged work and protected children, recessed until 2:16 p.m. and reassem- sage to put into it a host of pet per- without becoming punitive or unrea- bled when called to order by the Pre- sonal projects. This is clearly not the sonable. siding Officer (Mr. REID). time for that, and I hope the President He also worked on behalf of the un- and members of the leadership will dis- skilled and unemployed, for a living f courage Senators and Members of the minimum wage, for job training, and MORNING BUSINESS House from using this homeland secu- for education benefits to promote rity debate as a vehicle for accom- The PRESIDING OFFICER. Under workers’ 21st century skills. And I plishing those more special purposes. the previous order, there will now be a knew I could always count on his sup- More than 14 months have now period for the transaction of morning port for West Virginia’s steelworkers passed since September 11, 2001, that business, not to extend beyond the and all workers threatened by unfair day when terrorists viciously exploited hour of 2:45 p.m. today, with the time practices in an increasingly complex our vulnerability and took the lives of from now until 2:45 to be equally di- economy. 3,000 of our friends, family, and fellow vided between the two leaders or their Senator Wellstone’s many battles Americans. Fifteen months have now designees. earned him a reputation as an ideo- passed since October of 2001, when Sen- Mr. LEVIN. I suggest the absence of logue and a firebrand. But I saw him ator SPECTER and I initially proposed a quorum. reach across the aisle many times in legislation creating a Department of The PRESIDING OFFICER. The his career. His first loyalty was to peo- Homeland Security to meet and beat clerk will call the roll. ple, not to party, and his work with the terrorist threat. This measure was The assistant legislative clerk pro- Senator DOMENICI on the not just bipartisan. It was, in fact, in- ceeded to call the roll. groundbreaking Mental Health Parity tended to be nonpartisan. Our proposal Mr. LEVIN. Mr. President, I ask Act stands as testimony to the had nothing to do with politics and ev- unanimous consent that the order for strength of his priorities and the effec- erything to do with giving our Govern- the quorum call be rescinded. tiveness of his approach. I am proud to ment the ability to protect the Amer- The PRESIDING OFFICER. Without be able to continue his work to bring ican people from another terrorist at- objection, it is so ordered. equitable treatment to those who suf- tack. I point this out now, not out of fer from mental illness. f pride but to make clear how far we Paul Wellstone never believed that RECESS SUBJECT TO THE CALL OF have come, in some ways in the wrong having principles and sticking to them THE CHAIR direction, and how much time we have somehow meant you couldn’t get taken before making this urgent trans- things done in the United States Sen- Mr. LEVIN. Mr. President, I ask formation. ate. Instead, he believed that you had unanimous consent that the Senate re- In the beginning, the vision of a to stick to your principles, or you cess subject to the call of the Chair. Homeland Security Department was a couldn’t get anything worthwhile done. There being no objection, the Senate, recommendation and a report issued by It was an approach that made him at 2:19 p.m., recessed subject to the call a nonpartisan commission chaired by unique and won him unusual respect of the Chair and reassembled at 2:29 our former colleagues, Warren Rudman and admiration from every member of p.m., when called to order by the Pre- and Gary Hart. Then it was put forward this body. siding Officer (Mr. EDWARDS). in our committee bill. Then, as often Senator Wellstone’s tragic death, The PRESIDING OFFICER. The Sen- happens to good ideas in a democracy, along with the deaths of Sheila and ator from Connecticut. it gained support and steam in Con- Marcia Wellstone, staffers Tom Lapic, Mr. LIEBERMAN. Mr. President, is gress. Mary McEvoy, and Will McLaughlin, the Senate in morning business? At the outset, President Bush and and pilots Richard Conroy and Michael The PRESIDING OFFICER. Yes. most Republicans in Congress resisted Guess, have left a void in the Senate Mr. LIEBERMAN. Mr. President, I our legislation. I never took that re- and in our hearts. rise to support the motion for cloture sistance to be partisan, and I do not be- But all of us who worked with him, that will be voted on in about 15 min- lieve it was. The President argued that or knew of the work he did, will find utes. This is a way to begin bringing the coordinating Office of Homeland some cheer in the memory of Min- this debate on the creation of a Depart- Security within the White House led by nesota’s great voice for justice and opment of Homeland Security to a close Governor Ridge would be strong portunity. and to allow our Government to begin enough to do this massive and complex Many will remember him for his fiery the urgent business of creating this job. So for 8 months, the administra- speeches and outspoken opinions. new Department. tion did oppose the creation of a Home- But atomic veterans finally receiving For those of us who have supported land Security Department. treatment for their service-related dis- this idea for over a year now, this mo- In the meantime, the Governmental abilities, and homeless veterans with a ment is long overdue. Affairs Committee held a total of 18 new chance to find their way off the I am troubled by the draft of the sub- hearings, exploring every possible as- streets; parents whose children are stitute bill that began circulating yes- pect of our homeland defense learning from better teachers and en- terday which, in my view, has not only vulnerabilities and how they should be joying better access to health care; ac- a number of very good parts in it which fixed. On May 22 of this year, the prod- tivists who found an ally in their are quite similar to those contained in uct of that work, a new version of the

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10855 bill, was reported out of our com- outrageous and unacceptable. The fact ship is when you have an issue that mittee, unfortunately, on a party line is that these two Senators, CARNAHAN produces a division right down the mid- vote with all Democrats voting in favor and CLELAND, had been early sup- dle aisle. That is what we had. We had of a Department of Homeland Security porters of a Department of Homeland an election. I do think the American and all Republicans opposed. Security. So what started out as a non- people spoke clearly on this issue. If That partisan split did not last for partisan effort to protect America’s na- there was a dominant theme in the long. A month or so later, last June, I tional security, unfortunately, became election, it was that the American peo- was very pleased when the President a very partisan effort to decide elec- ple were unhappy that we had not and most of our Republican colleagues tions. Now the campaign is over. It is found our way to a bipartisan solution endorsed a proposal to create a Depart- time to turn the page once again. to our homeland security dilemma. ment of Homeland Security. Benjamin Franklin said, you may Today we have an opportunity to fix Somebody once said it is common in delay, but time will not. I say this that. We have the opportunity to fix it Washington to see people change their afternoon we may delay, but the ter- by the following procedure. We need to positions but rare to see them change rorists will not. Senators Hart and vote yes on cloture on the Gramm their minds. I like to believe that is ex- Rudman issued another report within amendment, which I intend to vote yes actly what happened in the White the last week or two and they have pre- on. There will then be a motion to House. Based on experience, the Presi- dicted another terrorist attack: table the Lieberman amendment dent and his assistants changed their The next attack will result in even greater which, if it is successful, and I hope it minds about the desirability of a De- casualties and widespread disruption to will be successful, will knock down the partment of Homeland Security. We American lives and the American economy. whole superstructure that has been The need for immediate action is made more then worked with the White House and imminent by the prospects of the United piled on top of the underlying Home- Senate Republicans to build the great- States going to war with Iraq and the possi- land Security bill. That will give us an est possible support for a bipartisan bility that Saddam Hussein might threaten opportunity to offer a bipartisan com- bill. the use of weapons of mass destruction in promise that has been hammered out In July of this year, our committee America. over the last 4 or 5 days. There is, at sent such a bipartisan proposal to the Our vulnerabilities remain painfully least in terms of what people have said Senate floor, which we began to debate serious, our disorganization in terms of in the reported media, a majority of in early September. We had a good de- our national apparatus to combat ter- the membership that is in favor of that bate on this proposal. As was acknowl- rorism and protect national security, compromise. Even as we speak, the edged by all people on both sides, our homeland security, dangerously dis- House is debating a rule under which committee legislation overlapped with organized. That is why it is so critical they will consider that compromise. the President’s proposal and the House- to pass a bill creating a Department of Tonight, about 6 p.m., it is my under- passed bill on 90 or 95 percent of the Homeland Security, led by a strong and standing they will vote on that com- issues and decisions involved. Some- accountable Secretary. That will start promise. If they adopt it—and we have how, despite finding ourselves on the to close our vulnerabilities and im- every reason to believe they will adopt same page, we could not find a way to prove our homeland defenses. Safety in it overwhelmingly—if we do the same, turn the page together to create a this new age is a civil right. When we will have been successful in a bipar- more secure nation. Americans live in fear, their rights are tisan effort to provide for Homeland The major sticking point was civil compromised. By invoking cloture and Security. service protections and collective bar- moving toward a resolution on a De- I conclude by simply noting when we gaining rights for homeland security partment of Homeland Security today, have the kind of debate we had for 6 employees. We tried in good faith to we will be saying loudly and clearly weeks, it is easy to have hard feelings bridge that divide. We pushed repeat- that we as a Nation do not succumb to about it, it is easy to say ‘‘I want to edly for a vote on a very reasonable bi- fear. We will face what threatens us prevail’’ after all the effort. I hope now partisan proposal. with strength. We will not be shaken we have had an election, we have all I ask unanimous consent that I be by the voice that once again has had an opportunity to go home and tell given 5 additional minutes to speak in threatened us on audiotape because we our side of the story, we can now come morning business. will secure our own future by working together. The PRESIDING OFFICER. Without together in Congress to better organize I do think we have a good agreement. objection, it is so ordered. our government and thereby to secure It does not do everything I want to do. Mr. LIEBERMAN. I thank the Chair. more control of our own destiny. Fear, It does some things in ways that I We pushed repeatedly for a vote on a uncertainty, and delay will be over- would choose not to do. Overall, it has very reasonable bipartisan proposal come by strength, unity, and American two redeeming qualities. One, it gives crafted by Senators BREAUX, NELSON, ingenuity. We will protect our friends, the President the power he needs to get and CHAFEE, to break the unnecessary our family, and our children against the job done, and the President and all logjam over the rights of Federal work- the worst designs of our terrorist en- those who would be working with him ers. But that was not to be had. emies by drawing on the best in each of to create and run this new Department Our colleagues on the other side did us and, hopefully, in the days ahead we say with this compromise, they can get not yield. Five times they refused to will do it together. the job done. allow a vote on their own bill, even I urge my colleagues to vote for clo- Second, at least if everyone stays though Democrats had time and again ture on this vital legislation. I yield where they said they are, we have a given ground and simply wanted a vote the floor. majority of Members willing to vote on the compromise amendment. The PRESIDING OFFICER. The Sen- for it. No matter what you think, or no As will be remembered, mostly be- ator from Texas. matter what perfection would be, if, cause of Senator DASCHLE’s totally jus- Mr. GRAMM. Mr. President, I think I after 6 weeks of very difficult partisan tified expression of anger on this floor, have 5 minutes and then we have a debate, you have a proposal that will the Bush administration even began to vote, so I will try to be brief. It is fair get the job done, a proposal that is sup- question the patriotism of Democratic to say at the beginning of the process, ported by the person who has the con- Senators rather than joining us on this no one conceived there could be par- stitutional responsibility for doing the good-faith area of disagreement to try tisanship on homeland security. Nei- job—the President—a proposal that to come to an agreement. ther party sought the partisanship, but those who would implement say they In a new low in the tawdry business yet in the process it came. We ended up can make work, and a proposal the ma- of political campaign advertising, two as the session ended with a situation jority of Members have decided they of our colleagues, Senator CLELAND and no one may have chosen, but the re- are for, I am hoping we can get a very Senator CARNAHAN, were subjected to ality was every Democrat except one big vote here and put this behind us. ads that took votes they cast out of was opposed to the President’s pro- Finally, in the waning days of a ses- context on homeland security and gram, and every Republican except one sion, obviously any individual member questioned their patriotism. That was was for it. The definition of partisan- has extraordinary power. If someone

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10856 CONGRESSIONAL RECORD — SENATE November 13, 2002 decides they want to try to disrupt the Thomas Thurmond Warner The legislative clerk called the roll. Thompson Voinovich Wyden process, they can. This is not an ex- Mr. REID. I announce that the Sen- treme proposal. It is a compromise. It NAYS—8 ator from Iowa (Mr. HARKIN) and the has dealt with many of the issues that Boxer Feingold Reed Senator from New Jersey (Mr. Byrd Jeffords have been raised, from the appropria- Sarbanes ORRICELLI Corzine Kennedy T ) are necessarily absent. tions issue Senator BYRD raised to nu- Mr. NICKLES. I announce that the NOT VOTING—3 merous other issues discussed. I hope Senator from North Carolina (Mr. Harkin Helms Torricelli we will today begin the process that HELMS) is necessarily absent. will quickly allow us to pass this bill. The PRESIDING OFFICER (Mr. I yield the floor. The PRESIDING OFFICER. Are there EDWARDS). On this vote, the yeas are any other Senators in the Chamber 89, the nays are 8. Three-fifths of the who wish to vote? f Senate duly chosen and sworn having voted in the affirmative, the motion is The result was announced—yeas 50, CLOTURE MOTION agreed to. nays 47, as follows: The PRESIDING OFFICER. Under f [Rollcall Vote No. 241 Leg.] the previous order, the clerk will re- HOMELAND SECURITY ACT OF YEAS—50 port the motion to invoke cloture. The assistant legislative clerk read 2002—Resumed Allard Enzi Murkowski The PRESIDING OFFICER. The Allen Fitzgerald Nickles as follows: Barkley Frist Roberts CLOTURE MOTION clerk will report the bill. Bennett Gramm Santorum We, the undersigned Senators, in accord- The assistant legislative clerk read Bond Grassley Sessions as follows: Brownback Gregg Shelby ance with the provisions of rule XXII of the Bunning Hagel Standing Rules of the Senate, hereby move A bill (H.R. 5005) to establish the Depart- Smith (NH) Burns Hatch Smith (OR) to bring to a close the debate on the Gramm- ment of Homeland Security, and for other Campbell Hutchinson Snowe Miller amendment No. 4738 to H.R. 5005, the purposes. Chafee Hutchison Specter Homeland Security legislation: Cochran Inhofe Pending: Stevens Harry Reid, Ben Nelson of Nebraska, Hil- Collins Kyl Lieberman Amendment No. 4471, in the na- Craig Lott Thomas lary Rodham Clinton, Debbie Stabe- ture of a substitute. Thompson now, Mark Dayton, Patrick Leahy, Crapo Lugar Gramm/Miller Amendment No. 4738 (to DeWine McCain Thurmond John Breaux, Tom Carper, Tom Amendment No. 4471), of a perfecting nature, Domenici McConnell Voinovich Daschle, Byron L. Dorgan, Jack Reed, to prevent terrorist attacks within the Ensign Miller Warner Jim Jeffords, Tim Johnson, Mary Lan- United States. drieu, Max Baucus, Daniel K. Inouye. Nelson (NE) Amendment No. 4740 (to NAYS—47 The PRESIDING OFFICER. The Amendment No. 4738), to modify certain per- Akaka Dayton Leahy question is, Is it the sense of the Sen- sonnel provisions. Baucus Dodd Levin ate that debate on the Gramm amend- Daschle motion to commit the bill to the Bayh Dorgan Lieberman Committee on Governmental Affairs and Biden Durbin Lincoln ment No. 4738 to H.R. 5005, an act to es- that it be reported back forthwith with the Bingaman Edwards Mikulski tablish the Department of Homeland pending Lieberman Amendment No. 4471, Boxer Feingold Murray Security, shall be brought to a close? listed above, as amended. Breaux Feinstein Nelson (FL) Daschle Amendment No. 4742 (to the in- Byrd Graham Nelson (NE) The yeas and nays are required under Cantwell Hollings Reed rule XXII. structions of the motion to commit H.R. 5005 Carnahan Inouye Reid The clerk will call the roll. to the Committee on Governmental Affairs) Carper Jeffords Rockefeller of a perfecting nature, to prevent terrorist Cleland Johnson The assistant legislative clerk called Sarbanes the roll. attacks within the United States. Clinton Kennedy Daschle Amendment No. 4743 (to Amend- Conrad Kerry Schumer Mr. REID. I announce that the Sen- ment No. 4742), to modify certain personnel Corzine Kohl Stabenow ator from Iowa (Mr. HARKIN) and the provisions. Daschle Landrieu Wyden Senator from New Jersey (Mr. The PRESIDING OFFICER. Cloture NOT VOTING—3 TORRICELLI) are necessarily absent. having been invoked, the pending mo- Mr. NICKLES. I announce that the Harkin Helms Torricelli tion to recommit falls. Senator from North Carolina (Mr. The Senator from Tennessee. The motion was agreed to. HELMS) is necessarily absent. Mr. THOMPSON. Mr. President, I The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, I move to move to table the pending Lieberman reconsider the vote. JOHNSON). Are there any other Sen- amendment and ask for the yeas and ators in the Chamber desiring to vote? Mr. LEVIN. I move to lay that mo- nays. tion on the table. The yeas and nays resulted—yeas 89, The PRESIDING OFFICER. Is there a nays 8, as follows: sufficient second? The motion to lay on the table was [Rollcall Vote No. 240 Leg.] Mr. BYRD addressed the Chair. agreed to. YEAS—89 The PRESIDING OFFICER. It ap- UNANIMOUS CONSENT REQUEST Akaka DeWine Levin pears there is a sufficient second. Mr. REID. Mr. President, I ask unan- Allard Dodd Lieberman The yeas and nays were ordered. imous consent that the Senate now Allen Domenici Lincoln The PRESIDING OFFICER. The Sen- Barkley Dorgan Lott proceed to the consideration of the ator from West Virginia. Baucus Durbin Lugar conference report to accompany H.R. Bayh Edwards McCain Mr. BYRD. The Senator from West Bennett Ensign Virginia could not hear the motion. 4546, the Department of Defense au- McConnell thorization bill; that there be 75 min- Biden Enzi Mikulski Would the Chair get order? Let’s hear Bingaman Feinstein Miller the motion again. utes equally divided and controlled by Bond Fitzgerald Murkowski Senators LEVIN and WARNER or their Breaux Frist The PRESIDING OFFICER. The Sen- Murray Brownback Graham designees; that upon the use or yield- Nelson (FL) ate will be in order. Bunning Gramm ing back of the time with no inter- Nelson (NE) Mr. BYRD. If we can’t do this, I will Burns Grassley Nickles suggest the absence of a quorum. vening action or debate the Senate pro- Campbell Gregg ceed to vote on the adoption of the con- Cantwell Hagel Reid The PRESIDING OFFICER. The Sen- Carnahan Hatch Roberts ate will be in order. Senators will take ference report; that upon the adoption Carper Hollings Rockefeller their conversations to the cloakrooms. of the conference report and the Senate Chafee Hutchinson Santorum resuming consideration of H.R. 5005, Schumer The Senator from West Virginia. Cleland Hutchison Senator THOMPSON be recognized to Clinton Inhofe Sessions Mr. BYRD. I would just like to hear Cochran Inouye Shelby what the motion was. offer a substitute amendment; that im- Collins Johnson Smith (NH) The PRESIDING OFFICER. The Sen- mediately upon the reporting of the Conrad Kerry Smith (OR) ator from Tennessee has moved to Thompson amendment Senator LIEBER- Snowe Craig Kohl table the Lieberman substitute. The MAN be recognized to offer an amend- Crapo Kyl Specter Daschle Landrieu Stabenow yeas and nays have been ordered. The ment to the Thompson amendment; Dayton Leahy Stevens clerk will call the roll. and, following that, Senator

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10857 FEINGOLD be recognized to offer an Mr. WARNER. Mr. President, reserv- Our budget is, once again, back in amendment. ing the right to object—and I shall deficit. Even under the most optimistic The PRESIDING OFFICER. Is there not—could we be more explicit as to scenarios, we are facing serious budget objection? whether or not we believe there should deficits for many years to come. The Mr. GRAMM. Reserving the right to be a recorded vote because that is a on-budget deficit for the fiscal year object—— time element. At this point, I think I that just ended on September 30 is well Mr. REID. I added to the unanimous would speak. We want to convenience over $300 billion, and the Office of Man- consent request, which the minority the leadership in the expediting of the agement and Budget projects deficits leader did not have a chance to review, matters before the Senate. I do not totaling over one trillion dollars over that Senator FEINGOLD be recognized know if there has been a request for a the next five years. following the Thompson amendment, recorded vote because you are looking In fact, the Federal Government is which, as I understand it, deals with at 30 minutes for that probably. I just spending all of the Social Security the cost-of-living increase. make that clarification. Trust Fund surpluses, and then some, Mr. GRAMM. Mr. President, maybe Mr. REID. We have been told that on something we should do only to meet something could be worked out, but your side there is a vote required. the most critical national priorities. that was not part of the agreement Mr. WARNER. OK. A pay raise of nearly $5,000 for Mem- that we had sent over. On that basis, I I thank the Chair. bers is not a critical national priority. have to object. Mr. REID. I say to my friend from Nor can one argue that this pay raise The PRESIDING OFFICER. Objec- Wisconsin, the Senator from Wisconsin is justified because Members have not tion is heard. is not in any way jeopardized with any- had one in a while. This is the fourth Mr. REID. The Senator is absolutely thing in the first part of this unani- pay raise in as many years. On January right. I only did that to get approval mous consent request. If we can go to 1, 2000, Members received a $4,600 pay on our side, and I should have checked the Defense Department authorization raise. On January 1, 2001, Members re- with the Senator first. I apologize. conference report, H.R. 5005 reappears ceived a $3,800 pay raise. On January 1, Does the Senator from Texas only ob- automatically anyway. 2002, Members received a $4,900 pay ject to the Feingold part of the unani- Mr. FEINGOLD. Mr. President, I ob- raise. And unless we stop it, this com- mous consent? ject to this request. ing January, Members will receive a Mr. GRAMM. Mr. President, if the The PRESIDING OFFICER. Objec- $4,700 pay raise. distinguished Democratic floor leader tion is heard. That will mean that, as of this com- will yield, we had met and canvased The Senator from Wisconsin. ing January, Members will have re- our Members on the original agreement Mr. FEINGOLD. Mr. President, if ceived four consecutive pay hikes to- that we had reached. That agreement there would be an understanding that taling $18,000—$18,000 per year. entailed bringing up the Defense au- my amendment would follow this proc- That is more than the average annual Social Security benefit for a re- thorization bill, having a 75-minute ess as a separate agreement, I would be tired worker and spouse. It is more time limit on it, voting on it, and then happy to lift my objection. than the average annual Social Secu- having Senator THOMPSON be recog- Mr. REID. Mr. President, as I said to rity benefit for a disabled worker, nized to offer the Gramm-Miller sub- my friend from Wisconsin, I will do spouse, and child. It is more than stitute. Subsequently, the Senator what I can to make sure he has an op- someone working minimum wage can from Nevada made a change in that portunity to offer an amendment. I cannot guarantee that. I can only do make in a year and a half. agreement which has not been This automatic, stealth, pay raise canvased on my side. So I am required that with a unanimous consent request. system is absolutely wrong. It is an un- to object to the unanimous consent re- usual thing to have the power to raise AMENDMENT NO. 4900 quest as the Senator has changed it. our own pay. Few people have that But the original one we would stand (Purpose: To provide that Members of Con- ability. Most of our constituents do not ready to accept. gress shall not receive a cost of living adjustment in pay during fiscal year 2003) have that power. Mr. REID. The Senator is absolutely That this power is so unusual is a right. Standard procedure around here Mr. FEINGOLD. Mr. President, I send good reason for the Congress to exer- is to check with the other side. I did an amendment to the desk. cise that power openly, and to exercise not do that. I apologize for that. The PRESIDING OFFICER. The it subject to regular procedures that Would the Senators agree that we clerk will report the amendment. include debate, amendment, and a vote could go do the first part of this unani- The legislative clerk read as follows: on the record. mous consent request; that is, that we The Senator from Wisconsin [Mr. FEIN- That is why this process of pay raises would go to the Department of Defense GOLD] proposes an amendment numbered without accountability must end. It is 4900. authorization conference report and offensive. It is wrong. And I believe it have 75 minutes of debate on that? At the appropriate place in the bill insert may be unconstitutional. The 27th the following sections: And, of course, following the disposal Amendment to the Constitution states: of that, Senator DASCHLE or Senator SEC. . COST OF LIVING ADJUSTMENT FOR MEM- BERS OF CONGRESS. No law, varying the compensation for the LOTT or the two managers of the bill Notwithstanding any other provision of services of the senators and representatives, would have the first right of recogni- law, no adjustment shall be made under sec- shall take effect, until an election of rep- tion. I am sure that would accomplish tion 601(a) of the Legislative Reorganization resentatives shall have intervened. the same thing anyway. Act of 1946 (2 U.S.C. 31) (relating to cost of I recognize that some of our col- Mr. President, I ask unanimous con- living adjustments for Members of Congress) leagues may feel they deserve a pay sent that the Senate proceed to the during fiscal year 2003. raise. I certainly respect that position. consideration of the conference report Mr. FEINGOLD. Mr. President, my Last year, a colleague said to me that to accompany H.R. 4546, the Depart- amendment is very straightforward. It Members deserved a pay increase be- ment of Defense authorization bill; would eliminate the roughly $5,000 pay cause of all that we had been through. that there be 75 minutes of debate raise scheduled to go into effect next Again, I strongly disagreed with that equally divided and controlled between January for Members of Congress. assessment last year, but I understood Senators LEVIN and WARNER; that fol- Put simply, this is the wrong time the sentiment. lowing disposition of that matter, the for Congress to give itself a pay hike. But even those who favor a pay hike Senate proceed to vote on the adoption Our economy is still recovering from should support voting for it on the of the conference report; that upon the recent slowdown. The financial record. Certainly, having an open and adoption of the conference report, we markets have been rocked, wiping out public vote on the record for a pay hike return to the consideration of H.R. a chunk of the life savings and retire- is better than the stealth pay raise 5005, which would be the regular order ment accounts of many families. Thou- that takes place with no action. anyway. sands of workers who were laid off have Standing up and making the case be- The PRESIDING OFFICER. Is there not returned to work, and families face fore the public is far better than quiet- objection? increasing financial pressures. ly letting the pay raise take effect.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10858 CONGRESSIONAL RECORD — SENATE November 13, 2002 We really should scrap the current Smith (NH) Snowe Stabenow same with an amendment, signed by a major- stealth pay raise system, and I have in- Smith (OR) Specter Wyden ity of the conferees on the part of both troduced legislation to stop this prac- NOT VOTING—6 Houses. tice. But the amendment I offer today Carnahan Harkin Kennedy The PRESIDING OFFICER. The Sen- does not go that far. All it does is to Craig Helms Torricelli ate will proceed to the consideration of stop the pay raise that is scheduled to Mr. REID. I move to reconsider the the conference report. go into effect in January—the fourth vote. (The report is printed in the House pay raise in four years. Mr. NICKLES. I move to lay that mo- proceedings of the RECORD of November Let’s stop this backdoor pay raise, tion on the table. 12, 2002.) and then let’s enact legislation to end The motion to lay on the table was The PRESIDING OFFICER. The Sen- this practice once and for all. agreed to. ator from Michigan. Mr. REID. Mr. President, I suggest f Mr. LEVIN. I yield myself 10 min- the absence of a quorum. BOB STUMP NATIONAL DEFENSE utes. The PRESIDING OFFICER. The AUTHORIZATION ACT FISCAL The PRESIDING OFFICER. Without clerk will call the roll. YEAR 2003—CONFERENCE REPORT objection, it is so ordered. The legislative clerk proceeded to Mr. LEVIN. Madam President, we are call the roll. Mr. REID. I ask unanimous consent pleased to bring to the floor the con- Mr. REID. Mr. President, I ask unan- that the Senate now proceed to the ference report on the Bob Stump Na- imous consent that the order for the consideration of the conference report tional Defense Authorization Act for quorum call be rescinded. to accompany H.R. 4546, the Depart- Fiscal Year 2003. The conference report The PRESIDING OFFICER. Is there ment of Defense authorization bill; would not have been possible without objection? that there be 75 minutes of debate the dedicated work, over many months, Without objection, it is so ordered. equally divided and controlled between of the members of our committee on Mr. REID. Mr. President, I move to Senators LEVIN and WARNER or their both sides of the aisle, particularly our table the Feingold amendment and ask designees; that upon the use or yield- subcommittee chairmen and ranking for the yeas and nays. ing back of time, without any inter- members who bore the brunt of the The PRESIDING OFFICER. Is there a vening action or debate, the Senate workload in bringing this bill to this sufficient second? proceed to vote on adoption of the con- point. ference report; that upon adoption of There appears to be a sufficient sec- I particularly thank my dear friend the conference report, Senator ond. and colleague, Senator WARNER, the SANTORUM be recognized to offer a The question is on agreeing to the ranking minority member, soon to be unanimous consent request; and that motion. chairman of the Armed Services Com- following the disposal of that, the Sen- The clerk will call the roll. mittee, for the absolutely essential ate resume consideration of H.R. 5005, The legislative clerk called the roll. role he has played throughout this with Senator THOMPSON recognized to Mr. REID. I announce that the Sen- process. Right up to the last minute, offer a substitute amendment; and im- ator from Missouri (Mrs. CARNAHAN), we were not sure we would get a bill. mediately upon the reporting of the the Senator from Iowa (Mr. HARKIN), Senator WARNER was able to help us Thompson amendment, Senator LIE- the Senator from Massachusetts (Mr. accomplish that and get us to that goal BERMAN be recognized to offer an KENNEDY), and the Senator from New line that we finally think we will cross. amendment to the Thompson amend- Jersey (Mr. TORRICELLI) are necessarily I thank him for that. ment. absent. Mr. WARNER. It was a team effort, Mr. NICKLES. Reserving the right to Mr. NICKLES. I announce that the Madam President. I thank my distin- object—and I shall not object—is it the Senator from North Carolina (Mr. guished chairman. HELMS) and the Senator from Idaho assistant Democratic leader’s intention to have a rollcall vote on the DOD au- Mr. LEVIN. This conference report is (Mr. CRAIG) are necessarily absent. named after Congressman BOB STUMP, The PRESIDING OFFICER (Ms. thorization? Mr. REID. We had a request from who will be retiring, in honor of all the CANTWELL). Are there any other Sen- work he has done, for the dedication of ators in the Chamber desiring to vote? that side of the aisle to have the rollcall vote. his entire congressional career sup- The result was announced—yeas 58, porting our men and women in uni- nays 36, as follows: We do not have a rollcall vote request. form. The bill is deservedly named in [Rollcall Vote No. 242 Leg.] his honor. Of course, IKE SKELTON on YEAS—58 Mr. NICKLES. To my knowledge, that request has been withdrawn. the House side, the ranking member of Akaka Dodd Lugar For the information of our col- the House Armed Services Committee, Allen Domenici McConnell made an absolutely essential contribu- Barkley Durbin leagues, it may well be possible to pass Mikulski tion as well. Bennett Enzi Murkowski the Department of Defense authoriza- Biden Feinstein Nelson (NE) tion bill by a voice vote. Last month, we passed H.J. Res. 114 Bingaman Frist Nickles Mr. REID. That sounds good. We have that authorized the President to use Bond Graham Reed the Armed Forces of the United States Boxer Gramm Reid a number of Senators who have other Breaux Gregg as he determines to be necessary and Rockefeller things to do. That would be helpful. Burns Hagel Santorum appropriate to defend the national se- Byrd Hatch The PRESIDING OFFICER. Without Sarbanes curity of the United States against the Campbell Hollings objection, it is so ordered. Cantwell Inhofe Shelby The clerk will report the conference continuing threat posed by Iraq and to Stevens Carper Inouye report. enforce all relevant U.N. Security Chafee Jeffords Thomas Council resolutions in that regard. Cochran Kohl Thompson The assistant legislative clerk read Conrad Kyl Thurmond as follows: It has been widely reported that the Crapo Levin Voinovich The committee of conference on the dis- United States has already started the Daschle Lieberman Warner prepositioning of forces and supplies in Dayton Lott agreeing votes of the two Houses on the amendment of the House to the amendment anticipation of possible military action NAYS—36 of the Senate to the bill (H.R. 5010), to au- against Iraq in accordance with this Allard Dorgan Landrieu thorize appropriations for fiscal year 2003 for resolution. As we stand poised on the Baucus Edwards Leahy military activities of the Department of De- brink of possible military action, hope- Bayh Ensign Lincoln fense, for military construction, and for de- Brownback Feingold McCain fully action that will not be necessary fense activities of the Department of Energy, but nonetheless possible military ac- Bunning Fitzgerald Miller to prescribe personnel strengths for such fis- Cleland Grassley Murray cal year for the Armed Forces, and for other tion, this bill will provide the men and Clinton Hutchinson Nelson (FL) women in uniform with the tools they Collins Hutchison Roberts purposes, having met, have agreed that the Corzine Johnson Schumer Senate recede from its disagreement to the need and the pay and benefits they de- DeWine Kerry Sessions amendment of the House, and agree to the serve.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10859 For instance, this bill approves a sig- possible for us to achieve a conference issue of concurrent receipt, we would nificant military pay raise, including report containing either the Senate not have been able to even advance the an across-the-board pay raise at 4.1 concurrent receipt provision or the bill to the 20-yard line at which per- percent, with an additional targeted House concurrent receipt provision, we haps we are right now. It is progress— pay raise for midcareer personnel that had the choice of giving up on the de- but minimal progress. Again, it was would result in pay raises ranging from fense bill for the year, or finding an al- the only way we could obtain this bill. 5.5 percent to 6.5 percent. The bill will ternative that would be acceptable to We would not have gotten to this point authorize a new assignment incentive the White House and the Republican without the tenacity of Senator HARRY pay of up to $1,500 per month to encour- leadership of the House of Representa- REID. There are others who joined with age service members to volunteer for tives. With the yeoman services and him over the years. But it is that per- hard-to-fill assignments. It will author- the extraordinary efforts of Senator sistence which has gotten us to this ize $10.4 billion for new construction of WARNER, we finally agreed to include a point. military facilities and housing, which provision that would authorize an en- Mr. REID. Madam President, will my is an increase of about $740 million hanced special compensation for cer- friend yield? I know there is limited above the requested level. The bill will tain military retirees with 20 years of time. add more than $900 million to the Navy service equal to the amount of retired I want to say very briefly this com- shipbuilding account. It will authorize pay forfeited because of the receipt of promise only affects up to 15,000 vet- an increase of $42 million in funding for veterans’ disability compensation. the U.S. Special Operations Command. erans. But having said that, 15,000 peo- That is just a part of what we tried ple deserve it as much as anyone de- It provides an increase—and we are to accomplish. I commend Senator talking about increases above the reserves anything in the world. They are REID of Nevada and others who have going to get help. That says a lot. quested budget level from the adminis- fought so hard for this provision. tration, but when I make reference to There are hundreds of thousands of There are many members of our com- other people which the original legisla- increase, that is the reference I am mittee and many Members of this making. Here is a reference of more tion would have helped. We are going Chamber who have really tried for to work on that later. than $100 million for defense against years to address this concurrent re- chemical and biological weapons, in ad- I say to my friend, the chairman— ceipt problem. We moved the ball for- and the soon-to-be chairman—how dition to approving the budget request ward perhaps 20 yards this year. It is, of $1.4 billion for such efforts. We ap- much I appreciate their tenacity. We as I think Senator WARNER has de- proved $2 billion which was requested have worked this bill over the years. scribed, a beachhead. We are glad we for force protection improvements to We have received, frankly, no help were able to do this much. But it is dis- DOD installations around the world from the House in years past. I am appointing that the veto threat that and in order to help address shortfalls happy. And I congratulate the Presi- was hurled at us by the Office of Man- in the Department’s high-demand, low- dent for easing off on his statement agement and Budget made it impos- density assets, including the EC–130 that he was going to veto this legisla- sible for us to do even more, despite all Commando Solo aircraft and the EA–6B tion if there was anything in it for con- of our efforts. electronic warfare aircraft fleet. current receipt. I appreciate the Presi- Again, I thank Senator WARNER Depite all of these important provi- . dent backing off. I wish he would have sions, we came very close to not having Without some provision on this sub- allowed us to have everything. He a conference report this year, because ject, frankly, this bill would not have didn’t. But I take what we have gotten, of the opposition of the White House to been brought back to the floor. We had and I am happy we have what we have. to make some progress on this issue be- a single provision that was included in I say to those 15,000 veterans that I fore we could, in good conscience, bring both the authorization bills passed by introduced the first legislation. But a bill back to the floor. both the Senate and the House of Rep- this has been a team effort. We have resentatives. This provision would per- But I emphasize it is just some progress. It is not anywhere near what worked very hard to get to this point. mit retired members of the Armed It is a large step forward. Forces who have a service-connected the Senate did. It is not even close to what the House did. But it is clearly I say for the third time this will help disability to receive both military re- 15,000 people, most of whom are Korean tired pay earned through years of mili- better than not making any progress at all. and World War II veterans—and a siz- tary service and disability compensa- able number of Vietnam veterans also, tion from the Department of Veterans’ The special compensation that is provided for in the bill would be available of course. But it is for mostly World Affairs based on their disability. Cur- War II veterans. I am so happy. I wish rently, military retirees who receive to retirees who incur a disability attributable to an injury for which a Pur- we had more. VA disability pay have their military But I want to say to my two friends retired pay offset by the amount of ple Heart was awarded—that is one group—regardless of the percent of dis- who are here on the floor that this is their VA disability pay. important legislation. It is landmark Both the House and Senate versions ability, and the other group is a serv- legislation. of our bill included provisions phasing ice-connected disability rated at 60 per- in the payment of both military retired cent or higher that was incurred as a I underline and underscore what I pay and VA disability pay to qualifying result of any of four circumstances: Ei- have said in the past about the two military retirees, although the Senate ther the result of armed conflict, while managers of this legislation. They provision was more generous and more engaged in hazardous service, in the could have caved in a month ago, and expensive than the House version. performance of duty under conditions we would have had a Defense author- In June, the Office of Management simulating war, or through an instru- ization bill, and we could have shouted and Budget issued a Statement of Ad- mentality of war. Any of those four cir- at the hilltops about this legislation. ministration Position indicating their cumstances, if the disability is rated at They did not do that because of this opposition to authorizing concurrent 60 percent or higher, will result in the issue. I applaud and commend both of receipt of military retired pay and VA special compensation being made avail- them for sticking to a matter of prin- disability pay. As a result of this veto able to our veterans. ciple. That was correct. Words cannot threat, the House conferees then de- These disabilities are sometimes adequately convey how strongly I feel cided that they would not accept even called ‘‘combat-related’’ disabilities for about the two of them for sticking their own concurrent receipt provision. short. But that is really a misnomer. It with it. I am not on the committee. I The House conferees took this position is actually misleading to call certain of couldn’t comment. I couldn’t be there despite the fact that the House voted them ‘‘combat-related disabilities’’ be- to give a speech. I didn’t have an op- 391 to 0 to instruct the conferees to cause the categories are far broader portunity to issue a written statement. agree to the Senate position on current than simply combat-related. That is how our conferences work. But receipt in conference. I see Senator REID on the floor. the two of them did what they had to When it became clear that the Presi- Again, I extend my thanks to him. do. These 15,000 people owe it all to dent’s veto threat would make it im- Without his driving concern on this them.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10860 CONGRESSIONAL RECORD — SENATE November 13, 2002 I have heard some people say we compensation for those veterans we affection. It was the day following the can’t afford to take care of our vet- deemed formed that category deserving White House meeting. erans. We can afford to take care of our of added funds. I refer to this as a beachhead, and I veterans. This is a tremendous step for- I was privileged to work on drafts. I do so respectfully because throughout ward. We are taking care of our vet- have showed them to our distinguished this deliberation, in total fairness, we erans. chairman. While he had views that are faced with an extraordinary de- Mr. WARNER. Madam President, if I were somewhat different on this issue mand on the Department of Defense might again say how much the two of in the course of the deliberations, with- now, and particularly the men and us—Chairman LEVIN and I—appreciate out his final acknowledgment to agree women who are currently in uniform, the strong support of Senator REID with me that this was as much as we as well as the Guard and Reserve. We throughout particularly this year, could achieve, we would not be here are in the course of transitioning in building on what he did last year, to today. It was a joint effort, I say to the the roles and missions, the equipment, see that this issue was kept at the very chairman, and he encouraged his col- and the training of our military de- forefront of our legislative objectives leagues to sign the conference report as partments to meet the threat of ter- with the annual authorization bill. I encouraged our colleagues. rorism today. Therefore, the utiliza- I say to my good friend that when the I went to the White House with Con- tion of dollars from the United States group of us gathered with the Presi- gressman DUNCAN HUNTER who was taxpayers that go to the Department of dent’s Chief of Staff at the White standing in for Chairman STUMP in the Defense has to be prioritized against House, we were there with Mr. final days of the conference negotia- that threat today. Principi, the chief of the Veterans Ad- tions. We were joined by Secretary The dollars involved in this we esti- ministration, the rough calculation Principi and the Deputy OMB Director, mate to be perhaps as much as $10 billion over 10 years. That is a consider- was that there are about 33,000 who will Mrs. Dorn. We met with the President’s able factor to take into consideration be embraced with the formulation we chief of staff, and in due course worked in the competition for these dollars. have included in this bill. I think, as out what I felt was the best com- I, speaking for myself, am ever mind- you say, and as I have said, it is a promise we could achieve. ful of the rising public debt neces- I wish to say I felt the White House beachhead. sitated in large part by this war on ter- Mr. REID. That is even twice as good was very cooperative—Mitch Daniels, rorism. as I thought. That will amplify my re- the Director of the Office of Manage- So in fairness to the President and marks, that 30,000 is twice as good as ment and Budget, the chief of staff, and his advisers who looked at this issue 15,000. others. Mr. Principi was exceedingly and have looked at it for some period Mr. LEVIN. Madam President, I can helpful. I had several days before I of time, there are other factors that assure also the Senator from Nevada joined him at the Vietnam Veterans had to be considered. In the final anal- that even though he might not phys- Memorial to read the names of those ysis, I believe, with the help of the ically be on the Armed Services Com- who bear witness to freedom and their chairman and others, we crafted the mittee, he was very much present sacrifices on that wall. It was inter- best possible compromise we could get. every step of the way even when he esting, as we were sitting there on that I thank the distinguished chairman wasn’t present. Everyone is very much cold twilight afternoon, I had a little once again. aware of his effort here, and of Senator piece of paper, and we were sketching Mr. LEVIN. Madam President, how BOB SMITH’s effort. Senator HUTCH- out the framework of what the two of much time, may I ask the Chair, is re- INSON was extremely active, too. Sen- us felt could be achieved. So I thank maining? ator WELLSTONE, of course, on this Mr. Principi for his efforts. The PRESIDING OFFICER. Twenty- kind of veterans issue, was deeply in- DUNCAN HUNTER was just a tremen- three and one-half minutes. volved. dously strong working partner Mr. LEVIN. Are 10 minutes ex- Mr. WARNER. We should include throughout this entire deliberation. I hausted? Senator MAX CLELAND. Very definitely, thank those individuals, and certainly The PRESIDING OFFICER. Yes. he worked very hard. Mr. Card, who is the President’s chief Mr. LEVIN. I thank the Chair. I yield Mr. LEVIN. I will also mention the of staff, for at some point in the meet- myself 5 additional minutes. There are a number of other impor- role of Senator CLELAND, Senator ing saying: That’s it, we’re going to do tant initiatives in this bill we will CARNAHAN, and others on this issue on it. the Armed Services Committee in a It is interesting, earlier that day Mr. enact into law shortly. Here are just a few moments. Again, I thank the Sen- Principi and I had attended an early few of them. In the area of missile defense, the ator for that. meeting at the White House with the conference report, such as the Senate Mr. WARNER. Madam President, President when he addressed a number bill, authorizes the President to reallo- Senator REID and I and Senator LEVIN of veterans. I remember in the front cate $814 million, should he choose, in our colloquy are discussing the im- row were a number of Congressional from missile defense expenditures portance of this bill including a provi- Medal of Honor veterans. We had some which, at least to some of us, appears sion on concurrent receipts. Following veterans from the United Kingdom, and to be unjustified or duplicative in com- the election, recognizing that I would the Chief of Staff of the Army, and the bating terrorism. And he can reallocate become chairman at the appropriate Chief of Staff of the Air Force and oth- the $814 million to the effort to combat point in time when the chairmanships ers were present. terrorism. Again, that is left to his dis- are established formally, that I make It was a very moving statement by cretion. But this bill does, this year, an effort to try and reconcile the dif- our President acknowledging this Na- require that he identify whether or not ferences and get a provision in this bill tion’s eternal gratitude to generations he has made that choice. because, give or take a few, I would of veterans who made possible our life The bill also would ensure better think almost all 435 Members of the today in these United States, our qual- oversight and management of missile House of Representatives, in the course ity of life, our freedom. defense programs in a number of ways. of their campaigns, had a colloquy with It seemed to be an appropriate time We are going to require programmatic their veterans on this subject. to bring up with the President this information on ballistic missile defense I know from experience on the Sen- issue once again, and he said: We are programs with the budget justification ate side, those of us 30 plus who were going to take a good look at it, and materials that come to Congress. up for reelection this time and others that they did. So I am most grateful. We are going to require the Joint Re- seeking election had to address this Actually, it was not that day, for that quirements Oversight Council, the so- issue and respond to our veterans. day I left that meeting at the White called JROC, to perform a review of the Therefore, I felt it was a matter of House and went up to Maine to partici- cost, schedule, and performance cri- principle for the Congress of the United pate in the christening of a destroyer teria for ballistic missile defense pro- States not just to rely on campaign to honor John Chafee, a United States grams so that the validity of those cri- rhetoric, but to include in this very Senator whom the Presiding Officer teria in relationship to military re- historic bill a provision directed at and I held in the greatest esteem and quirements can be assessed.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10861 We are going to require the Depart- A title of the bill sets aside $10 bil- regulatory powers over the Department ment of Defense to establish a more lion to fund ongoing operations in the of Defense activities impacting migra- disciplined process for the evolutionary war against international terrorism tory birds and to require appropriate acquisition and spiral development of during fiscal year 2003. This is a very actions to mitigate the impact of De- major defense acquisition programs, important provision in the Senate bill. partment of Defense actions on migra- including missile defense programs, by It was very important to the adminis- tory birds. issuing guidance and instituting a tration that we not use those funds for I hope and believe that the tradeoff process for the approval of acquisition some other purpose. We did not. This that we made in dropping the endan- plans. will be the subject of the later appro- Second, in the area of nuclear weap- gered species provision and the Utah priation, but, nonetheless, we set aside provision and getting a modification of ons, we have taken a number of steps that $10 billion fund for the ongoing op- to ensure that the Department of De- the migratory bird provision was a erations in the war against terrorism. sound one. I believe that we made some fense and the Department of Energy do Next, we fully funded the Nunn- real progress, given the point that we not take any precipitous actions to de- Lugar Cooperative Threat Reduction were starting with in the Senate, velop new nuclear weapons. Program, including funding for the de- which was facing all this language on First, we rejected a House provision struction of chemical weapons in Rus- that would have repealed the current sia. And we fully funded the prolifera- the House side, which we had to either law prohibiting the research, develop- tion preventions at the Department of remove or to modify, as well as pre- ment, and production of low-yield nu- Energy. serving our own provisions which were clear weapons. We took an important step to give very supportive of environmental pro- Second, we included a Senate provi- the President greater flexibility to tection. sion that would require the Secretary waive any of the conditions precedent I was very disappointed that we were of Energy to specifically identify any to carrying out that CTR program or unable to include a Senate provision funds requested for new or modified nu- the Freedom Support Act programs for that would repeal the statutory prohi- clear weapons. If there is such a re- three fiscal years. So now the Presi- bitions on the use of Department of De- quest, it cannot be buried in some dent can proceed with the Comprehen- fense facilities for legal abortions so other subject. It has to be identified as sive Threat Reduction programs even if that military women overseas could such in the budget material. Third, we prohibited the Secretary of they do not meet technical criteria for get a legal abortion, at their own ex- Energy from spending any funds for the spending that money if it is in the na- pense, in a DOD medical facility over- Robust Nuclear Earth Penetrator un- tional interest that he do so. seas. This was a provision that, if we He has that waiver authority under less and until the Secretary of Defense were able to maintain it, would have this bill for 3 years. He has not had it submits a report setting forth the re- led to a veto of this bill. before. This is an important addition quirements for such a system and the Again, we faced the House conferees to the fight against proliferation, par- employment policy behind such a sys- who were determined that there would ticularly of chemical and biological tem, as well as the potential for con- be no bill if this provision was in it. So weapons. ventional alternatives to that Robust In addition, and finally, we addressed now we continue for another year what Nuclear Earth Penetrator. a number of very difficult environ- I consider to be the absurdity of forc- And we prohibited the use of any ing women who are obtaining a legal funds authorized in the bill for nuclear- mental issues. The conference report includes, first of all, some environ- abortion to come home. These are tipped missile defense interceptors. women in the military, committed to We have a number of initiatives to mentally sound provisions that we adopted in the Senate. the service of their country, who are ensure that the resources our tax- going to be required, for another year, payers provide for national defense are Two of these provisions would authorize the Department of Defense to until we face this issue again next spent wisely. Some of these initiatives year, to return home to obtain an abor- include a major initiative based on the enter into agreements with non-Fed- eral entities to manage lands adjacent tion, which is legal, which they have recommendations of the Defense chosen to obtain. Science Board and the Department of to military installations and to create Defense Director of Operational Test buffer zones between training areas and I find this to be an unconscionable and Evaluation to address budget the surrounding population. Those are provision in our law. And we are going shortfalls and organizational short- two provisions which will help protect to continue to try, to the best of our comings in the Department’s test and the environment. ability, to change that provision. But A third one requires the Department evaluation infrastructure that have led this year we did not prevail, did not to strengthen its program for the ac- to inadequate testing of major weapons succeed, and we would have faced a quisition of procurement items that systems. veto of this bill. The Office of Manage- We have advanced last year’s initia- are environmentally preferable or are ment and Budget was very clear in a tive by the committee to improve the made with recycled materials. letter that they would recommend the way in which the Department manages We also, in the environmental area, veto of this bill if the Senate provision, its $50 billion of services contracts, succeeded in removing two ill-advised which removed this impediment to which we anticipate will save $600 mil- House provisions. One would have ex- legal abortions, at their own expense, lion. empted some DOD activities from the by women who are serving this Na- We included a provision that will ad- Endangered Species Act. That is not tion—if that, in fact, prevailed, there dress the Department’s inability to within the jurisdiction of our com- would have been a veto. mittee. We were able to obtain the re- produce reliable financial information Madam President, our Armed Forces and to achieve $400 million of savings moval of that provision. And the other provision which we were able to re- are ready to help keep the peace, to by deferring spending on new financial deter traditional and nontraditional systems that would be inconsistent move would have provided special exemptions from environmental controls threats to our security and our vital with a comprehensive financial man- interests around the world. And they agement enterprise architecture that is for the training range in Utah. We were able to modify a House pro- are prepared to win any conflict deci- currently being developed by the De- sively. The success of our forces in Af- partment. vision which authorized the exemption We also have required, in this bill, of certain Department of Defense ac- ghanistan is a tribute to the men and that the Department establish new in- tivities from the provisions of the Mi- women of the Armed Forces and the internal controls to address recurring gratory Bird Treaty Act. That was a vestments in national defense that problems with the abuse of purchase highly controversial action on the part Congress and the Department of De- cards and travel cards by military and of the House. We were able to obtain fense and administrations over time civilian personnel. some important concessions in the con- have made for many years. In the area of efforts to combat terference relative to that provision, in- The investments in previous years, rorism and to lessen the danger posed cluding an agreement to structure the indeed in previous decades, in equip- by weapons of mass destruction, we provisions so that the Department of ment, in treating our personnel prop- have taken the following initiatives: Interior will be required to exercise its erly, in raising morale, in readiness—

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10862 CONGRESSIONAL RECORD — SENATE November 13, 2002 these investments by prior Congresses, enemy of terrorism in the worldwide sponsibility, I as ranking member, and by this and prior administrations, have effort and, at the same time, if it is Chairman STROM THURMOND, who is paid off. And future success on the bat- necessary—and I repeat, if it is nec- now present on the floor, all of whom tlefield will likewise depend upon the essary—to use force against Saddam tried to have the highest possible bi- success of Congress and the Depart- Hussein and his regime—not the people partisanship in this committee. Our ment to prepare and to train and to of Iraq, but Saddam Hussein and his re- chairman and I have continued that equip our military for tomorrow’s mis- gime? And I say this bill provides that tradition. sions. measure of support such that our When it comes to the welfare of the So as we stand on the brink of pos- President, in his role as Commander in men and women of the armed services, sible conflict in Iraq, the conference re- Chief, can conduct the full range of op- when it comes to the importance of the port builds on the considerable tions militarily necessary to protect security of this Nation and the recogni- strengths of our military forces and this Nation, be it from terrorism or the tion by our allies that we stand to sup- their record of success by preserving a possible use of force in Iraq. port them, we should have, and do high quality of life for U.S. forces and That brings me to another point. As have, that degree of bipartisanship. their families, by sustaining readiness, we all watch the developments in Iraq Consequently, there are many people and by our efforts to transform the and, indeed, today, very interesting de- deserving of recognition and thanks Armed Forces to meet the threats and velopments, I stop to think we would who have kept that tradition. the challenges of tomorrow. not as a free world be in the position of I especially want to thank my chair- Madam President, I yield the floor. having this new resolution from the man for his leadership. I want to thank The PRESIDING OFFICER. The Sen- United Nations had it not been first all of our subcommittee chairmen and ator from Virginia. and foremost for the courageous lead- ranking members for their tireless ef- Mr. WARNER. Madam President, I, ership of our President who, over a pe- forts in ensuring that our troops have once again, thank the chairman for his riod of a year or more, has been con- the tools they need for peace to accom- service. We have been together now for stantly reminding the world, not just plish such missions as they may have 24 years on the Senate Armed Services our citizens, of the threats from Sad- to undertake. Committee. And, given the results of dam Hussein and his weapons of mass At this point, I would like to pay spe- the recent elections, we will be here for destruction, and the need to address cial tribute to three Republican Mem- another 6. those threats. bers of our Committee who will not be When I yielded the chairmanship 2 Wisely, he sought to go to the United returning next year. Senator STROM years ago, thereabouts, Senator LEVIN Nations where he put forth that his- THURMOND has proudly served as a just moved one place over. Now I will toric speech. Had it not been for the vi- Member of the Senate Armed Services just move back to that one place. We sion, the foresight, and the commit- Committee since January 14, 1959, dur- have conducted the affairs of this comment of this President, we would not ing the Eisenhower Administration. mittee in a very spirited way, but I be seeing today the unfolding of what I During nine successive Administra- think it reflects as high a degree of bi- hope will be a successful resolution of tions, Senator THURMOND has provided partisanship as can be achieved in this the destruction of the weapons of mass a steady hand, sage advice and strong magnificent institution, the Senate. destruction now possessed by Saddam support for our men and women in uni- I commend the chairman, and I com- Hussein without the use of force. form. He also had a distinguished mili- mend him for this bill. He has worked The second factor in achieving the tary career, leading members of the long and hard on it, with me at his action by the United Nations was the ‘‘Greatest Generation’’ ashore on the side, together with our respective fact that the men and women in the beaches in Normandy and rising to the Members. It is a good bill, a very good U.S. military are trained, are ready, rank of Major General in the Army Re- bill. and would respond to the Commander serve. He is a true American hero, and (Mr. JEFFORDS assumed the Chair.) in Chief’s order, if that were necessary, he will be missed in the years ahead. Mr. LEVIN. Mr. President, I thank to resolve this critical worldwide issue Senator BOB SMITH has been a Member my good friend from Virginia. I had no by the use of force. They are ready. of the Committee since 1991, serving doubt he would be back. I am glad to Saddam Hussein knows that. So I sa- most recently as the Chairman of the see him back. We kept the chair warm lute the men and women of our Armed Strategic Subcommittee from 1997– for him. The gavel will be handed over Forces who are as much responsible for 1999. A distinguished Navy veteran who with—I will not say with unmixed feel- what we hope will be the successful res- served in Vietnam, Senator SMITH has ings because, obviously, there are olution of this issue pursuant to the been a champion of veterans issues, mixed feelings, but I cannot think of most recent resolution of the U.N. It is joining Senators REID and HUTCHINSON anyone I would rather hand the gavel just as important a factor as the delib- in the efforts on concurrent receipt. to, if it is not on our side of the aisle, erations of the U.N. itself and indeed And finally, Senator TIM HUTCHINSON than my dear friend from Virginia. the valiant efforts of our President, has made significant contributions dur- Mr. WARNER. Mr. President, I thank and I wish to acknowledge that. ing his four years of service on the my colleague. Congress also played an important Committee. As the Chairman and then Mr. President, we, as a Nation, were role by passing a strong resolution in Ranking Member of the Personnel Sub- astonished, once again, in the past few support of the President; a resolution committee, Senator HUTCHINSON has days to see the face of Osama bin authorizing the use of force against been committed to improving the qual- Laden and hear the remarks he (alleg- Iraq. The militaries of the U.S. and our ity of life of our military personnel. He edly) made. I am not here to in any allies stand by, ready to use force if joined me in crafting legislation— way lend credence to the validity of necessary, pursuant to that authoriza- TRICARE for Life—to ensure that we this, but nevertheless, those in the po- tion by the Congress. meet our commitment to our military sition to determine will eventually de- I think this bill should remove any retirees to provide them with health termine the validity of that piece of doubt of our commitment to fight ter- care for life. In addition, he has been tape. But it did bring home to America rorism, to use force if it becomes nec- instrumental in ensuring significant the threats that this Nation faces and essary in Iraq, and to defend the inter- pay raises for the military for four con- the fact that we, under the leadership ests of Americans and our allies secutive years and major improve- of a brilliant President, are engaged in throughout the world. ments in educational benefits. They all-out war, together with our allies An undertaking of the magnitude of have all been valuable Members of the and others, in a war on terrorism. This this bill is ultimately a bipartisan ef- Committee and they will all be missed. bill is an essential building block in fort. Our committee has a long tradi- No committee succeeds without a that war. tion of bipartisanship. Senator LEVIN dedicated professional staff. I espe- Questions were raised in the course and I have served under Chairman cially want to recognize the unwaver- of our deliberations on this bill: Can we Stennis, Senator Goldwater, Senator ing leadership of Judy Ansley of the as a Nation afford, can the military Tower, Senator Nunn, and now the two minority staff, who will soon be mov- take on the obligation to engage the of us are privileged to have that re- ing over to become chief of staff of the

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10863 majority, and of David Lyles who like- As President George Washington has been a long and difficult con- wise will shift his desk a slight dis- stated in his first inaugural address to ference; but, we have achieved our goal tance and continue the partnership Congress on January 8, 1790, and I of providing for our men and women in that these two magnificent profes- quote: uniform. sionals have, as well as the wonderful To be prepared for war is one of the most An undertaking of this magnitude is service they render to the Senate, and effectual means of preserving the peace. ultimately a bipartisan team effort. indeed our country. That is what this bill is about, to be Our Committee has a long tradition of I also want to thank Peter Levine, prepared. We can all take pride in this bipartisanship. Consequently, there are counsel to both sides. He is good, and legislation. It represents the bipartisan many people deserving of recognition we call on him. Fortunately, we do not work of all committee members in and thanks. I especially want to thank have to pay his salary out of our allo- both Chambers to support our men and my friend and colleague of 24 years in cation, but we get the full measure of women in uniform, and their families. this Chamber and on the committee, his brilliance. I want to commend Chairman STUMP, Chairman CARL LEVIN, for the leader- Each of them have a marvelous pro- ranking member IKE SKELTON, and ship he has shown in bringing this con- fessional staff. I would like to recog- DUNCAN HUNTER. They were marvelous ference to a successful conclusion. I nize each of them individually. On the working partners in the House for the also want to thank all of our sub- Republican staff: Chuck Alsup, David chairman and I to conclude this con- committee chairs and ranking mem- Cherington, Marie Dickinson, Ed ference. This bill is named in honor of bers for their tireless efforts in ensur- Edens, Brian Green, Bill Greenwalt, Chairman STUMP, a World War II vet- ing our troops have the tools they need Gary Hall, Carolyn Hanna, Mary Alice eran who lied about his age and joined to accomplish their missions. No com- Hayward, Bruce Hock, George Lauffer, the Navy when he was 15 years old and mittee without a dedicated, profes- Patty Lewis, Tom MacKenzie, Ann saw combat before his 18th birthday. I sional staff. I especially want to recog- Mittermeyer, Joe Sixeas, Leslie Stone, guess that is one of the reasons that nize the unwavering leadership efforts Scott Stucky and Dick Walsh. On the generation, of which I am a very small of David Lyles, Judy Ansley, and Peter Majority and non-designated staff: and modest part having come into the Levine in bringing this process to a Dara Alpert, Ken Barbee, Mike Berger, tail end, is referred to as the greatest successful conclusion. They have led a June Borawski, Leah Brewer, Chris generation. great staff, all of whom deserve great Cowart, Dan Cox, Madelyn Creedon, Chairman STUMP exemplifies that credit and recognition. Mitch Crosswait, Rick DeBobes, Brie name: The greatest generation. The The conference report before the Sen- Eisen, Evelyn Farkas, Richard Field- fact that this legislation is named in ate represents an important step for- house, Daniel Goldsmith, Creighton his honor is a fitting tribute to that ward in ensuring the readiness of our Greene, Jeremy Hekhuis, Gary Howard, true patriot. armed forces, protecting our homeland, Drew Kent, Jennifer Key, Maren Leed, I believe the Presiding Officer served and ensuring success in the on-going Gary Leeling, Mike McCord, Tom in the House of Representatives at one global war against terrorism. During Moore, Cindy Pearson, Arun Seraphin, time with Chairman STUMP. this critical time in our history, with Christina Still, Mary Louise Wagner, I also want to thank DUNCAN HUNTER our nation at war and preparing—to- Nick West, and Bridget Whalen. So I and IKE SKELTON for their unwavering gether with the United Nations—to pay my respects, for they deserve cred- efforts. meet the threat posed by Saddam Hus- it and recognition. Our President sent the first signal to sein, it is essential that we provide our The conference report before the Sen- strengthen defense by asking Congress President and our armed forces the ate represents an important step for- to increase spending, a very consider- vital resources they need to defend our ward in ensuring the readiness of our able increase in this legislation. This Nation, fight the scourge of terrorism Armed Forces, protecting our home- conference report sends a further sig- at home and abroad, and prepare for fu- land, and ensuring success in the ongo- nal to our citizens and to nations ture threats. ing global war against terrorism. Dur- around the world that the United As President George Washington ing this critical time in our history, States is committed to a strong na- stated in his first annual address to with our Nation at war and preparing, tional defense. More importantly, this Congress on January 8, 1790: together with the United Nations, to conference report sends a clear signal To be prepared for war is one of the most meet the threats posed by Iraq—I to our men and women in uniform, effectual means of preserving the peace. should say posed by Saddam Hussein, from the newest private to the most We can all take pride in this legisla- not posed by the people of Iraq—it is senior flag or general officer, that we tion. It represents the bipartisan work essential that we provide our President are clearly behind them and we support of all committee members—in both and the Armed Forces with the vital their efforts around the world, and we Chambers—working together to sup- resources they need to defend our Na- are behind their families. port our men and women in uniform, tion to fight the scourge of terrorism We must always pause to remember and their families. I especially want to both at home and abroad, and to pre- that the men and women in the Armed thank Chairman BOB STUMP for his ef- pare for future threats. Forces rely first and foremost on the forts this year and congratulate him I use the word ‘‘home’’ purposely be- support they receive from their loved for his outstanding work on behalf of cause in my lifetime, I have seen in- ones. our men and women in uniform for the credible transition, the focal point I want to thank the Department of 26 years he has served on the House being 9/11. I look upon the armed serv- Defense. I have had very cordial and Armed Services Committee. The fact ices of the United States as one of the strong working relations with Sec- that this legislation is named in his greatest assets the American people retary Rumsfeld—we go way back to- honor is a fitting tribute to a true pa- have, and we should constantly look gether in the Nixon administration—as triot. I also want to thank Congress- for ways in which they can, within the well as the Deputy Secretary of De- men DUNCAN HUNTER and IKE SKELTON legal framework of our laws, be a full fense and others. I think he has put to- for their unwavering efforts to ensure partner with those who are entrusted gether a good team. Yes, we do battle we have a strong defense authorization with our homeland defense. I am not with them. We did battle with them on act for our nation. just speaking of the Guard, the Reserve concurrent receipts, but in the end Our President sent the first signal by and others, but I am talking about the they swung in and gave us the tech- asking Congress to increase defense security forces, the police, be they Fed- nical advice to write this particular spending. This conference report sends eral, State or local, the people who pro- section on concurrent receipts in a way a further signal to our citizens, and to vide medical assistance, the people who that creates a very special class of de- nations and around the world, that the provide all types of assistance in the serving career veterans, career mili- United States is committed to a strong event of a problem at home. We have to tary veterans. national defense. More importantly, continue to strengthen and move in To reiterate, I am proud to join this conference report sends a clear sig- that direction, again within the frame- Chairman LEVIN in recommending this nal to our men and women in uniform, work of the laws. conference report to the Senate. This from the newest private to the most

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10864 CONGRESSIONAL RECORD — SENATE November 13, 2002 senior flag officers, that we are clearly that our military retirees, who have in- day, but we also lost our uniquely behind them and we support their ef- curred disabilities, receive a measure American feeling of invulnerability. forts around the world. of military compensation. But, from our darkest hour, our nation The conference report before us con- Concurrent receipt of retired pay and has quickly emerged stronger and more tains the largest defense increase in disability pay is as complex an issue as united than ever. Our President has over 20 years—an increase of $45.0 bil- I have dealt with in my 24 years on this rallied our country and many nations lion over the fiscal year 2002 appro- committee. Here is how I view this around the world to fight the evil of priated level. The good news story as- issue: success in certain military oper- terrorism, and to confront those who sociated with this much needed in- ations requires extensive planning, es- threaten peace and freedom around the crease is that it has the full, bipartisan tablishment of a ‘‘beachhead,’’ and world. support of the Congress. While there then long term effort to determine the As we conclude the 107th Congress, are always minor disagreements over equities and priorities for the future. our nation is at war. U.S. soldiers, sail- how some of the money in this bill We have crafted such a ‘‘beachhead’’ ors, airmen, and marines, together should be allotted, there was no dissent in this conference report—I call it with their coalition partners, are en- about the need for this significant in- ‘‘Purple Heart-Plus-Others.’’ The provi- gaged on the front lines in the global crease in the top line for defense. This sion in this conference report provides war against terrorism, with a mission is a remarkable display of unity behind substantial recognition and compensa- to root out terrorism at its source in our President, so important and fitting tion for those who were injured in com- the hopes of preventing future attacks. with our Nation at war. bat, that is, all those with disabilities We are now faced with the possibility In line with the request of the Presi- resulting from injuries for which they of war with Iraq, if the current U.S. led dent, the conference report signifi- received the Purple Heart. In addition, U.N. efforts fail. cantly increases the major defense ac- those retirees most severely disabled in Our armed forces have responded to counts over the Fiscal Year 2002 appro- combat related operations, in prepara- the call of duty in the finest traditions priated levels: tion for combat, and in performing haz- of our nation, and they are prepared to It increases spending on military per- ardous service, that is, those with dis- protect our security in future conflicts. sonnel by over 14 percent including a abilities rated at 60 percent or greater, It is critical that the Congress keep 4.1 percent pay raise for our servicemen would receive additional compensation. faith with our troops by providing the and women. We will rely on the Secretary of De- resources and capabilities our Presi- The bill increases the procurement fense to exercise his discretion to fur- dent—our Commander-in-Chief—has re- account by over 20 percent. This will ther define the nature of this service. quested. enable our military departments to In both cases, those career retirees who Homeland security is now, without a procure the equipment they need to re- have a certain degree of disability doubt, our top priority. We have a sol- place aging and heavily used assets, as would receive the same amount of com- emn obligation to protect our nation well as to buy the things they need to pensation—under a new, special com- and our citizens from all known and protect our facilities, infrastructure pensation program—as if we had re- anticipated threats—whatever their and people in these increasingly uncer- moved the prohibition on concurrent source or means of delivery. Our Presi- tain and dangerous times. receipt. dent, George W. Bush, has promised Additionally, the bill increases We all know that this is a complex our nation that homeland security is spending on research and development issue and an emotional issue. Inaction his most urgent priority. The fiscal by almost 17 percent, ensuring that is not an option. We must establish our year 2003 budget the President sub- critical investment is being made to ‘‘beachhead’’ today. I commit to hold- mitted reflected this priority. develop the capabilities we need in the ing early hearings next year to fully The conference report before us funds future to deter and defeat emerging establish a body of fact on this issue. I the urgent security needs of our nation threats to our national security. see great merit in establishing a Presi- by doubling the funding for combating The bill also sets aside a $10.0 billion dential commission that can objec- terrorism at home and abroad, in sup- reserve fund, as requested by the Presi- tively examine the many issues related porting the President’s request for mis- dent, to pay for ongoing and future to the adequacy of compensation pro- sile defense, and investing in new tech- military operations in the global war vided to our disabled veterans. I await nologies to detect weapons of mass de- on terrorism. the views of the veterans to be ex- struction and to deter their develop- The threats to our nation and the on- pressed at hearings. ment. going war on terrorism demand this in- It is important to note that this con- I urge my colleagues to support this creased investment in national secu- ference report supports and fully funds conference report that upholds the rity, both now and in the future. virtually all of the priorities estab- President’s fundamental national secu- The bill contains many key provi- lished by the Department of Defense rity priorities and makes the right in- sions which will improve the quality of for the development and procurement vestments in future capabilities. It is life of our men and women in uniform, of major weapons systems, including imperative that we send our President, our military retirees, and their fami- the Joint Strike Fighter, the F–22, the our fellow citizens and the world a lies. In addition to the 4.1 percent pay Army’s Future Combat System, and message of resolve from the Congress— raise I mentioned earlier, additional unmanned aerial vehicle programs. I a National Defense Authorization Con- funding is included for facilities and remain committed to supporting in- ference Report that provides the re- services that will greatly improve the vestment in technologies that will en- sources and authorities our Nation’s quality of life for our service personnel able us to field significant numbers of leaders and our armed forces require to and their families, both at home and unmanned aerial and ground combat protect our Nation and our vital inter- abroad. This legislation also contains vehicles, as soon as feasible. ests around the world. key provisions that will better orga- In addition, I am pleased that the Mr. LEVIN. Let me again thank my nize the Department of Defense to sup- conference was able to add $229 million dear friend from Virginia. I yield 5 port the critical homeland defense mis- to the CVN(X) aircraft carrier to re- minutes to the Senator from Hawaii. If sion, including: creation of an Under store the original development and the Senator needs additional time, it Secretary of Defense for Intelligence; fielding schedule for this essential pro- will now be available. authorization to add an Assistant Sec- gram. The carrier has proved its worth The PRESIDING OFFICER. The Sen- retary of Defense for Homeland De- again and again in the global war on ator from Hawaii. fense; and, a requirement that the Sec- terrorism—a war which has relied ex- Mr. AKAKA. Mr. President, I rise retary of Defense establish at least one tensively on carrier-based assets. This today to express my support for the Weapons of Mass Destruction-Civil bill supports acceleration of this im- conference report to the National De- Support Team within every state and portant program. fense Authorization Act for Fiscal Year territory. The world as we knew it changed for- 2003. I thank my ranking member, Sen- One of the most difficult issues fac- ever on September 11. We lost not only ator INHOFE, for his support and co- ing the conference was how to ensure many lives and much property that operation. It is truly an honor to work

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10865 with him as we both seek to advance added an additional $740 million in well known. He works with all mem- the readiness of our armed forces. I military construction funding, which bers of the committee, Republican and also commend Senator LEVIN and Sen- will be enough to maintain the level of Democrat. We are able to reach agree- ator WARNER for their tireless efforts investment in our facilities at last ments that sometimes would not be during a challenging conference. year’s level. Included in this amount is reached, and I believe he has guided us As the chairman of the Armed Serv- over $700 million in funding specifically in a good way. I also appreciate the ices Subcommittee on Readiness and dedicated to enhancing the security of leadership of the ranking Republican, Management Support, I want to high- our installations. Senator JOHN WARNER, a man who has light a few provisions in the conference To improve DOD management, the given his life to the defense of this report which enhance the readiness of bill includes a number of provisions to country, served it ably in so many dif- the men and women in our armed expand DOD’s authority to acquire ferent capacities, and all the members forces. The bill protects the $10 billion major weapon systems more effi- of the committee and all the staff. Par- the President requested for operating ciently. With respect to services con- ticularly, I note Archie Galloway on costs of the ongoing war on terrorism. tracts, we built on last year’s legisla- my staff who has worked tirelessly on Fully funding this request reinforces tion requiring improved management this effort, a retired colonel infantry our country’s commitment to con- of the $50 billion DOD spends annually combat veteran who does a great job tinuing the war on terrorism, and it on services by establishing specific for me. also means that in so doing we will not goals for the use of competitive con- Money will not tell us everything, have to rob funds from the operation tracts and performance-based con- but we have the largest increase in and maintenance accounts needed to tracting. These goals should help en- spending on this defense bill in over 10 fund all of our other critical ongoing sure that the Department of Defense years, nearly a $50 billion increase. defense activities such as training and achieves contract services savings That is very healthy in light of the sig- maintenance. through specific management improve- nificant declines our Defense Depart- Conferees also took actions to ensure ments rather than through program re- ment has suffered since the Gulf War in that our forces can continue to make ductions. The conference report also 1991. After the Berlin wall fell and after the most prudent use of existing train- requires DOD to develop a comprehen- the Gulf War, we went into a signifi- ing assets. To do this, we authorized sive financial management enterprise cant reduction in our spending, vir- exemption of the Department of De- architecture, and addresses recurring tually 40-percent reduction in per- fense from the Migratory Bird Treaty problems with the abuse of purchase sonnel, and cuts in many different Act when training events result in inci- cards and travel cards by certain mili- areas. After the collapse of the Soviet dental takings, but required DOD to tary and civilian personnel. Union, some reductions were appro- take appropriate actions to avoid any I also want to mention an issue of priate. Most experts would say today unnecessary takings. We also author- significant importance to the people of we went too far, that we forgot we ized the Department of Defense to Hawaii—the cleanup of the island of needed to transform our military, and enter into partnerships to purchase Kahoolawe. I commend the Navy and we forgot to meet the new challenges land, or easements on land, that would the State of Hawaii for working to re- and to utilize the new equipment and protect training ranges, and provided solve a number of challenges. I am technologies available to make our sol- $7.2 million for improvements to those pleased about the Navy’s commitment diers more effective, less at risk, able ranges. to continue clearance efforts until No- to target enemy troops and not hit While the conferees believed that vember 11, 2003, and its continued ef- enemy civilians, as has happened in this change to the Migratory Bird forts to meet the intent and goals of previous wars. I am afraid we did not Treaty Act was necessary to protect the memorandum of agreement be- invest enough in the last decade in readiness in light of recent court ac- tween the Navy and the State of Ha- these efforts. tions, the conferees did not believe the waii signed in 1994. Within the last several years we administration made the case that the While I am disappointed that the moved aggressively forward. When I exemptions it sought from the Endan- conference report does not include the came on the committee our defense gered Species Act for the Department provisions passed by the Senate with budget was under $300 billion. This of Defense were warranted. I continue respect to concurrent receipt, I believe year it will hit $393 billion, I believe, to believe that when the Department’s the conference report strongly supports nearly $50 billion more than just last training needs for land, sea and air the readiness of our forces, both now year. This allows us to continue to pro- space conflict with other needs in our and in the future. I urge my colleagues vide quality pay raises and personnel society, whether it is protecting the to support this bill. benefits for our men and women in uni- environment or accommodating the Mr. LEVIN. I thank the Senator from form. These efforts have strengthened surrounding civilian populations, our Hawaii for his invaluable service to our their ability to make a career of the focus should be first and foremost on committee as well as his statement. He armed services. Moreover, we author- ensuring that all parties involved work has been the chairman of our Readiness ized incentive income pay of up to together in a spirit of cooperation. Subcommittee and has done it with a $1,500 per month to keep key personnel To help to address longer term readi- wonderful spirit and great success. I in key positions, the kind of thing we ness challenges, the conferees, contin- thank him. We do not know what the need to do to maintain the most pro- ued our efforts from last year to en- subcommittee structures will look like ficient military in the world. hance the Department of Defense’s co- next year, but hopefully he will con- I have been a critic of our spending ordination of anti-corrosion programs. tinue to be a valuable part of our com- habits, thinking we have cut our de- Studies estimate that corrosion costs mittee. I thank him for it. fense too much. To the American peo- the Department up to $20 billion annu- The PRESIDING OFFICER. The Sen- ple, let me say we need not underesti- ally, and that corrosion continues to be ator is recognized. mate the strength and capability of to- a serious maintenance challenge and Mr. SESSIONS. Mr. President, how day’s military. Ours is clearly the manpower drain. We therefore rec- much time is allotted on this side? greatest military in the history of the ommended that DOD designate a senior The PRESIDING OFFICER. Thirteen world. We are much more techno- official to oversee anti-corrosion plans minutes is available. logically oriented and as a result, we and policies, and added over $10 million Mr. SESSIONS. I yield myself 10 min- need personnel who serve longer, who to fund those efforts and other anti- utes. have trained with the newest equip- corrosion testing, research, and prod- The PRESIDING OFFICER. Without ment, who constantly train with our uct applications. objection, it is so ordered. best aircraft, weapons, night vision In an effort to continue efforts to im- Mr. SESSIONS. Mr. President, I am equipment, and communication sys- prove the quality of life, conferees au- very pleased with this defense bill. I tems—all the things that allow them thorized the requested increases to im- congratulate Chairman LEVIN. He is a to place the maximum possible threat prove the buildings where master leader in the Senate. His skill and force on the enemy, while pro- servicemembers live and work, and at managing complex matters is very tecting the lives of our own soldiers

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10866 CONGRESSIONAL RECORD — SENATE November 13, 2002 and innocent civilians as much as pos- firm and clear determination—sup- I am pleased that we are not only sible. We have done a tremendous job. ported by the President of the United strengthening our defense budget, but They are exceptional military men and States—to transform our military to that we are strengthening it intel- women. There is no Army, Navy, Air move us from a cold war configuration ligently. We are strengthening it with Force, or Marine unit in the world that to a configuration that helped us meet technology. We are training our per- can compete with ours. They are the the challenges we had in 1991 with Iraq, sonnel. We are keeping our good men best there is, perhaps the best that as we have had in Kosovo, as we have and women longer, so they can become have ever been. We should be very had in Afghanistan, and as we might even more proficient in operating our proud of them. have in the future in Iraq. We need to ships, our command centers, our mis- It allows the President, in times like transform our military forces to do siles, and so forth. this, to talk plainly to the United Na- that. I am also pleased that we did main- tions and talk firmly to the Taliban in We sometimes accuse the military of tain the President’s request for funding Afghanistan. It allows the President to being stubborn, and slow to change. I for national missile defense. That is a speak directly to Saddam Hussein, and would say that is true of our institu- key ingredient in our Nation’s defense Saddam Hussein knows and the Na- tion, the Congress. It is also true of the in the decades to come. We made that tions around the world know his are military. But our military is the most commitment in this bill also. I feel not idle threats. We have the capa- transformable, the most committed to good about it. bility to carry out any commitments change, and the most committed to the Again, I would like to thank Senator we make in terms of military force. I introduction of new technology of any LEVIN for his leadership, the staff for am pleased with where we are. We are military in the history of the world. their work, and Senator WARNER for making great progress. I am, all in all, very pleased with the his leadership and support. I mentioned a few things that are im- leadership in our military today and I yield the floor. portant in this budget. Progress was their commitment to bring on board as Mr. LEVIN. Mr. President, how much made on concurrent receipt. In over 100 soon as possible new ways of con- time do I have? The PRESIDING OFFICER. Four years we have not had additional bene- ducting warfare that protect our peo- minutes fifteen seconds. fits, other than tax advantages, for dis- ple, that put threat on the enemy, and that protect innocent civilians. I think Mr. LEVIN. Mr. President, first of abled veterans. This bill takes a big all, I thank my friend from Alabama step forward with the ‘‘Purple Heart we are doing well. I am very pleased with that. for his very fine presentation as well as Plus’’ compromise and will be the first for his kind words about me. I enjoy step we have made in that direction. I The President has made clear that this Nation—the strongest military working on the committee with the am pleased with this first step. Senator from Alabama. He has always This will be the fourth year in a row power in the world—is the single power capable of protecting its own forces been willing to listen and try to work we have had a significant pay raise, a out issues. There are all kinds of issues 4.1 percent across-the-board hike and and that of its allies in the most difficult areas of the world. How much that come up—thank God, rarely on a higher for other pay grades. I am partisan basis—complicated issues that pleased with that. more difficult could you find it to protect American forces than in Afghani- have to be worked out. He has worked We have $10.4 billion for new military not only on the Seapower Sub- construction for facilities and housing stan? He is committed to doing that. Sometimes we may wish it were not committee but on the full committee for our personnel, many of which are to address those issues. I am grateful below standard. Frankly, we can do a so. But my own personal view is that there will be continual challenges for that participation. better job, in my view, of providing around the world and that the wise and Senator THURMOND was on the floor a quality housing. I visited military proper surgical application of military few minutes ago. It reminded me that houses and found out what they cost. power can save lives, promote peace, this will be, of course, his last term. No They spend almost as much on them as and promote economic prosperity Senator serving today can appreciate private housing in the suburbs in Ala- around the world. Indeed, this Nation what this body will be like when STROM bama and other places that seem to has the opportunity to help lead the THURMOND leaves this year. He has cost less or no more. We need to im- world out of what could be a disinte- served longer in this body than any prove the quality of our construction grating chaos of independent states— other Senator in history. His 48 years as we go forward in the future. many of them rogue nations—and into in the Senate span the terms of 10 We added $900 million to the Navy a more stable environment, and pro- Presidents of the United States. He shipbuilding accounts. I was the rank- mote peace and prosperity for every- keeps pictures of all 10 of those Presi- ing Republican on the Ship Seapower body in the world. dents on his wall in the office. Subcommittee, serving with Senator The PRESIDING OFFICER. The Sen- When I joined the Armed Services TED KENNEDY, the Chairman. We were ator’s time has expired. Committee in 1979, Senator THURMOND pleased in the end that our Navy did Mr. SESSIONS. Mr. President, I will by then was on the committee already not take hits. At one point, it looked conclude by saying this budget moves 20 years. like that might occur. We are pleased us in that direction. His love for and dedication to the that the shipbuilding account finally Mr. LEVIN. Mr. President, I ask U.S. military goes back even further, came in with a healthy number. This unanimous consent that the Senator though, to his commission as an Army allows us to move forward for such from Alabama have whatever time he Reserve second lieutenant of infantry things as refueling and nuclear sub- may need. in 1924 at the age of 21. He served with marine, refueling and developing nu- The PRESIDING OFFICER. Without distinction in both the European and clear submarines, providing additional objection, it is so ordered. Pacific Theaters in the Second World advanced procurement for the CVN Mr. SESSIONS. I will take a couple War, receiving numerous decorations next generation of aircraft carrier, pro- more minutes. I thank Chairman LEVIN that include the Legion of Merit, the viding additional payments for prior for his courtesy as always. Bronze Star medal with ‘‘V’’ device, incurred shipbuilding costs that we had But we are at a point where this Na- the Army Commendation Medal, the obligated for the DDG–51 class de- tion will have the need from time to Belgian Order of the Crown, and the stroyer, and LPD–17 class amphibious time to utilize force around the world French Croix de Guerre. He landed in a ships. We made some real progress to protect our just and legitimate na- glider on Normandy with the 82nd Air- there. We need to continue this trans- tional interests. We don’t need to do borne Division on D-Day and went on formation. that recklessly, or arrogantly, or with- to win 5 battle stars. In 1959—the year At one point or another, we may dis- out careful thought. But at times we that he joined the Senate Armed Serv- agree with Secretary Rumsfeld’s views will be able to help defend our just na- ices Committee—Senator THURMOND regarding one weapons systems or an- tional interests and at the same time was promoted to major general in the other weapons system. But I think few promote peace and prosperity in the U.S. Army Reserve. of us can honestly disagree and ought world. That is a high calling. I think it During Senator THURMOND’s tenure to do nothing other than support his is falling to us at this time in history. on the Armed Services Committee, our

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10867 Armed Forces have faced challenge was hoping the chairman planned for Obviously, there will soon be a tran- after challenge in Western Europe, further discussion because I would like sition in the leadership of the com- Vietnam, the Middle East, the Carib- a few moments myself to speak in mittee. Senator WARNER, I presume, bean basin, the Persian Gulf, the Bal- favor of the Defense authorization bill. will return as chairman. The fact these kans, and Afghanistan. Through it all, Mr. LEVIN. Why don’t I finish with a two colleagues have worked so well and Senator THURMOND has persevered in comment about Senator THURMOND and so productively across party lines his unwavering support for our men then yield to the Senator from Con- should give us all a sense of encourage- and women in uniform. His steadfast necticut. We are going to be here any- ment and hope about the work of this commitment to our national defense way. committee in the future. has been a rock upon which they could I have one other comment about Sen- I have been particularly proud to all rely and has helped ensure that our ator THURMOND, and then I will yield have been able to have worked on some military has always been ready to an- the floor. provisions I believe will improve the swer the call whenever and wherever My first trip with Senator THURMOND readiness of our military in the years needed. wasn’t to a foreign country. It was to to come, and that will help our mili- Senator THURMOND served as chair- California. I will leave it at that. tary become a more important part of man of the Senate Armed Services (Laughter.) But he was only, I guess, the national homeland security team. Committee in the 104th and 105th Con- 75 years old because it would have been It has been a great honor to serve on gresses. I had the honor and pleasure to 24 years ago. the Armed Services Committee and to serve as his ranking member in 1997 I remember we were staying at a have worked with Senator LEVIN and and 1998. I know from personal experi- military base. We were studying a Senator WARNER in the actions they ence how seriously Senator THURMOND number of issues. I had just joined the have taken, particularly to improve treated his duties as chairman and how Armed Services Committee. And I the compensation and quality of life of hard he worked to be fair and even- heard somebody, at about 5:30 or 6 in our military. handed with every member of the com- the morning, below my window run- mittee. I am sure that I speak for all of I have also had the privilege, for the ning. I was trying to figure out who last year and a half—and I should say our colleagues in saying just how much was up at 5:30 in the morning running. we appreciate not only the commit- thanks to the occupant of the chair—to I knew it was a military base, but still have served as the chair of the Airland ment that Senator THURMOND brought 5:30 is a little early. That was STROM Subcommittee, working very closely to his duties as chairman, but also his THURMOND running. with Senator SANTORUM of Pennsyl- lifelong dedication to the defense of He was and is someone who really vania as my ranking member. We have our Nation and to the welfare of the has put a lot of emphasis not just on now spent two sessions of Congress, as men and women in uniform. his own health but on the health of his chair and ranking member, alternating He came to the floor a few minutes colleagues. How many times did he our roles. I am particularly proud of ago just to check things out—basically lean over to me, in the Armed Services the work our subcommittee has done to satisfy himself that this Defense au- Committee, and ask, are you watching with the full committee in providing thorization bill was moving along. So your diet or are you getting exercise? additional resources to accelerate the he made the effort to come to the floor Here is a man who is really con- Army’s future force and to fully re- just to see for himself that things were cerned that his colleagues would take source the combat aircraft that will OK. care of themselves. I don’t think any of serve as the backbone of our air forces I left the floor momentarily to just us did the exercising he did and and ensure our continued dominance of go out and thank him for coming over watched our diet quite the way he does, and to wish him well on behalf of the the air far into the future. but, at any rate, he will be missed for entire committee and the Senate, as we all kinds of reasons. It has also been good to work with will not be seeing too much more of The Senator from Connecticut is Senator SANTORUM and others on provi- him because he is going to be moving ready to speak. I yield the floor. sions that will permit more timely on hopefully to other adventures. The PRESIDING OFFICER. The Sen- transition of promising leap-ahead Mr. SESSIONS. Mr. President, if the ator from Connecticut is recognized. technologies from research to full uti- Senator will yield, I was going to add Mr. LIEBERMAN. I thank the Chair lization, and to require the Department that Senator THURMOND, at the age of and my friend and colleague from of Defense to fully assess its role in 99 and soon to be 100, was at the Repub- Michigan. homeland security, each of which are lican Conference luncheon today. And Mr. President, I rise today to support parts of the Defense authorization leg- here it is, a quarter to 6, and he just the Defense authorization bill and to islation that is now before the Senate. left the floor a few minutes ago. He has thank the chairman of our committee, I worked with fellow members of been fully engaged all day today. He is Senator LEVIN, for his leadership in both parties on the committee on a a true American. controversial matter that has reached I remember my first foreign trip with this effort, obviously supported, in a very strong partnership, by Senator resolution. It is a resolution that is un- him to China. They respect age in satisfactory, but I know we have to China. So we were well respected. We WARNER, the ranking member, and other members of the committee of move ahead with it; that is, the efforts went out to a Chinese Army military to redress this longstanding inequity of base. They asked him to review the both parties. a double standard that has allowed all troops. I was standing there—this Sen- It is particularly important we pass Government retirees except our mili- ator from rural Alabama—watching this bill now, not only because our tary retirees to receive both their full the famous STROM THURMOND troop in forces are preparing for the possibility retirement pay and the disability com- front of a group of Chinese Communist of combat to remove the threat Sad- pensation they are entitled to. Our troops. Afterwards, I told him, ‘‘I never dam Hussein represents, but also be- original provision would have allowed thought I would ever see that, STROM.’’ cause this proposal has important pro- all military retirees to draw both full- I never thought I would have been visions that will lead to transforming retired pay and any disability com- there. our military to ensure it is even more He is a remarkable man, a thorough capable of protecting the American pensation they are entitled to. expert in military affairs, and an abso- people in the uncertain and dangerous To me, this is an issue of funda- lute patriot. I thank Senator LEVIN for future ahead of us. mental fairness. As Senator LEVIN has recognizing his service to our country. I do want to give credit to Senator explained, we were forced by adminis- Mr. LEVIN. Mr. President, if I could LEVIN, who really has earned the grati- tration opposition to scale back the yield myself 5 additional minutes—if I tude of every American for his dedica- provision with regard to military retir- am not taking the time of colleagues tion and commitment not only to our ees. who are waiting to speak—to ask unan- national security in general but to the The compromise now in this con- imous consent to add a word or two. men and women in our Armed Forces. ference report greatly reduces the Mr. LIEBERMAN. Mr. President, if He has certainly ably explained the im- number of retirees who will be able to the Senator from Michigan will yield, I portant provisions in this bill. draw both benefits I have described and

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10868 CONGRESSIONAL RECORD — SENATE November 13, 2002 that they are entitled to. It does au- moves into a Department with a na- ministration. Under the approach in thorize an enhanced special compensa- tional security focus. I would be this bill, significant revenue-related tion only for military retirees with 20 pleased to engage in a colloquy on this authorities remain at the Treasury De- or more years of service who incurred a topic with the Senator form Iowa. partment. It would not make sense to qualifying combat-related disability. Mr. GRASSLEY. I appreciate the take this different approach if the re- That means any rate of disability at- Senator’s recalling our hearing of last sult would be a wholesale delegation of tributable to an injury for which the July. I would note that following the these authorities after enactment. Ac- retiree was awarded the Purple Heart, hearing and our letter to the Com- cordingly, the bill should be inter- or a service-connected disability rated mittee on Governmental Affairs, we preted as establishing a presumption at 60 percent or higher incurred as a di- worked closely with that Committee that those authorities should not be rect result of armed conflict, while en- and with the Administration to develop delegated in the absence of a compel- gaged in hazardous service, in the per- text that would keep intact the com- ling reason for their delegation. More- formance of duty under conditions sim- mercial functions of the Customs Serv- over, while delegations in this area are ulating war, or through an instrumen- ice. That text has evolved. I note that indeed allowable under the legislation, tality of war. the bill now before the Senate provides, it is fair to conclude that they will be This, unfortunately, does not cover as a general matter, for the transfer of scrutinized closely by those of us re- all the retirees who should be eligible. Customs Service functions and per- sponsible for these provisions. It greatly reduces the number who will sonnel to the new Department of Mr. GRASSLEY. I appreciate this be covered. It is a step forward, and a Homeland Security. Notwithstanding colloquy, and I thank the Senator for significant step forward, for those who that, authorities vested in the Sec- engaging in this colloquy on a very im- will benefit, but I hope—and I would retary of the Treasury relating to cus- portant topic. guess that members of both parties on toms revenue functions are to remain MIGRATORY BIRD TREATY ACT the Armed Services Committee join in with the Secretary of the Treasury un- Mr. JEFFORD. Mr. President, I the hope—in the years ahead, begin- less delegated to the Secretary of would like to engage my colleague ning next year, we continue to extend Homeland Security. My understanding Chairman LEVIN of the Armed Services Committee, in a colloquy on a provi- the number of retirees who are entitled is that this exclusion from transfer sion relating to the Migratory Bird to receive both retirement pay and dis- pertains to authorities now exercised Treaty Act. ability compensation but do not, and by the Secretary of the Treasury to The Migratory Bird Treaty Act is one to reach the point where all of them, in issue revenue regulations developed by of our nation’s oldest wildlife protec- fact, receive it. That seems to be our the Customs Service, and authority to tion laws. Before this law was passed in moral responsibility in this case, and provide oversight and supervision of 1918, many migratory birds were on the we are not yet fully meeting it. the Customs Service in this area, espe- brink of extinction. However through Bottom line, this is a critically im- cially with regard to policy matters. international coordination and domes- portant, otherwise not just adequate Mr. BAUCUS. I share the Senator’s tic conservation programs, the MBTA but adequate to the special needs of the understanding on this point. has succeeded in restoring many spe- Mr. GRASSLEY. I note that, tech- moment, authorization bill. We are, cies of migratory birds. This law is nically, the bill allows even revenue-re- after all, a nation at war. We forget within the jurisdiction of the Environ- lated authorities to be delegated. How- that sometimes because our enemy ment and Public Works Committee ever, it is my understanding that a does not have the normal attributes of which I chair. enemies in war. They are not able to be wholesale—or even a large-scale—dele- As the Chairman is aware, the con- seen on a battlefield massing their gation of such authorities is not conference report before us today contains troops. They are not in ships at sea templated by this legislation. an exemption for the Department of that we can observe. They certainly Mr. BAUCUS. I agree with the Sen- Defense from incidental takings of Mi- are not in the conventional military ator from Iowa. This bill should not be gratory Birds related to military readi- aircraft. But they are out there. They read as permission for the Secretary of ness activities. I think it is unfortu- are plotting. They are planning. They the Treasury to undertake a wholesale nate that this provision was included, are arming in conventional and uncon- or large-scale transfer of revenue-re- however, I know Chairman LEVIN ventional ways to do us damage. lated authorities to the Secretary of worked tirelessly on this and many This authorization bill will continue Homeland Security. That would be an other difficult tissues in conference, to provide the men and women who abdication of the responsibility that and I thank him for his efforts. serve us in uniform, and those civilians this bill assigns to the Secretary of the While I am concerned that these pro- who support them, the resources they Treasury. visions were never subjected to scru- need to keep us not only defended but Mr. GRASSLEY. I thank the Senator tiny in the committee of jurisdiction, I the mightiest Nation in the history of from Montana. I also would note that have yet to agree that these provisions, the world. the issue of Customs’ revenue functions or any other provisions affording spe- I thank Senator LEVIN, Senator WAR- is dealt with differently in this bill cial treatment to the Department of NER, and all the members of the com- than in the draft bill originally sent to Defense, are necessary. For years our mittee for the work they have done on Congress by the Administration. In the military has efficiently and effectively this legislation. I look forward to sup- Administration’s draft bill, all Cus- trained for conflict in full compliance porting this conference report. toms functions would have been trans- with environmental laws. Our defense I thank the Chair and yield the floor. ferred to the Department of Homeland agencies have taken pride in their CUSTOMS SERVICE Security without any further action by stewardship of the environment. I ap- Mr. GRASSLEY. I would like to en- any government official. That is, no plaud Chairman LEVIN for rightly in- gage in a colloquy with Senator BAU- Customs-related authorities would sisting that these provisions not be in- CUS on provisions in the homeland se- have been retained by the Secretary of cluded in the Senate DoD Authoriza- curity bill pertaining to commercial the Treasury. Would the Senator from tion bill. operations of the Customs Service. Montana agree that this contrast fur- I would like to confirm my under- Mr. BAUCUS. This is a very impor- ther supports the point that the bill standing of these provisions with tant topic. As my good friend will re- now before the Senate is not intended Chairman LEVIN who was a principal call, the Finance Committee held a to give the Secretary of the Treasury negotiator of this legislation. First, it hearing on this issue last July, which blanket permission to engage in a is clear in Subsection (d) that the au- we followed up with a letter to the wholesale or large-scale transfer of rev- thority of the Secretary of the Interior Chairman and Ranking Member of the enue-related authorities to the Sec- to prescribe regulations for the inci- Committee on Governmental Affairs. retary of Homeland Security? dental taking of migratory birds dur- We stressed the importance of pre- Mr. BAUCUS. I fully agree with the ing military readiness activities is lim- serving the revenue collection and Senator’s observation. The Congress ited to the Secretary’s authority under trade facilitation functions of the U.S. has taken a different approach from section 3(a) of the Migratory Bird Trea- Customs Service, even as that agency the one originally proposed by the Ad- ty Act.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10869 Mr. LEVIN. That is correct. This au- agreed to accept the provision only be- tion prescribed by the VA for disabling thority must be consistent with the au- cause of these changes. conditions of that percentage. thority in section 3(a) of the Act, and Mr. MCCAIN. Mr. President, I rise Eligible recipients would include in no way changes our obligations today in support of H.R. 4546, the Na- those military retirees with 20-years under the Migratory Bird Treaties. tional Defense Authorization Act for military service who have a disability, Mr. JEFFORD. I would also like to Fiscal Year 2003. Overall, the House 10 to 100 percent, that is a result of an point out that the Department of Inte- and Senate Armed Services Committee injury for which the member was rior has a mandatory obligation to pro- Conferees have produced a bill which is awarded the Purple Heart; or have a 60 mulgate regulations to permit the inci- deserving of approval and is generally percent or more combat-related dis- dental taking of migratory birds by supportive of the brave servicemen and ability to include disabling conditions DOD within one year of the enactment women in our armed forces, in terms of incurred as a result of armed conflict, of this Act. Subsection (d) of the provi- training, pay, family quality-of-life including, PTSD, Agent Orange, and sion clearly provides that ‘‘not later benefits, and providing modern equip- Persian Gulf War disease; while en- than the expiration of the one-year pe- ment and weapon systems. gaged in hazardous service such as riod beginning on the date of the enact- Building upon evaluations and rec- atomic veterans; under conditions sim- ment of this Act, the Secretary of Inte- ommendations regarding growing read- ulating war such as military training; rior shall exercise the authority . . . to iness and modernization problems or caused by an instrumentality of war prescribe regulations to exempt the throughout the services, the Con- like accidents involving military Armed Forces for the incidental taking ference Committee has done an admi- equipment. of migratory birds during military rable job of addressing some of the Again, while this legislative com- readiness activities.’’ more pressing issues contributing to promise will provide critical help to an Mr. LEVIN. Yes, it is quite clear that the multiple problems that have been additional 35,000 disabled military re- the Department of Interior has a statu- brought to Congress’ attention over tirees, it is not good enough to only tory obligation to promulgate regula- the past several years. correct this injustice for a select few Unfortunately, there are areas that tions within one year. no matter how deserving. Mr. JEFFORDS. Also, according to the Conference Committee did not ade- We must do more to restore retire- subsection (b), in the one-year time pe- quately address. First and foremost is ment pay for those military retirees riod between the enactment of this Act Concurrent Receipt. It was tremen- who are disabled. I have stated this be- and the promulgation of regulations by dously important to me that the Sen- fore, and I am compelled to reiterate the Department of Interior, the Sec- ate version of the defense authoriza- now; retirement pay and disability pay retary of Defense must, ‘‘identify tion bill and report would authorize, at are distinct types of pay. Retirement measures to minimize and mitigate a minimum, payment of retired pay pay is for service rendered through 20 . . . any adverse impacts of authorized and disability pay for all military re- years of military service. Disability military readiness activities on af- tirees with disabilities, a practice pay is for physical or mental pain or fected species of migratory birds.’’ Is it known as Concurrent Receipt. For the suffering that occurs during and as a the Chairman’s understanding that past eleven years, I have offered legis- result of military service. In this case, DOD has a mandatory obligation to im- lation on this issue. This matter is of members with decades of military serv- plement these measures? great significance to many of our coun- ice receive the same compensation as Mr. LEVIN. That is correct, the Sec- try’s military retirees, because it similarly disabled members who served retary of Defense must not only take would reverse existing, unfair regula- only a few years. This practice fails to measures to minimize and mitigate ad- tions that strip retirement pay from recognize their extended, more de- verse impacts on migratory birds, they military retirees who are also disabled, manding careers of service to our coun- must also ensure that such measures and costs them any realistic oppor- try. are implemented. tunity for post-service earnings. Mr. JEFFORDS. Finally, according While I commend the Chairmen and This is patently unfair, and I will to subsection (b), in the time period in Ranking Members of the Armed Serv- continue to work diligently to correct which the regulations promulgated ice Committees for going further in ad- this inequity for all career military pursuant to subsection (d) are in effect, dressing a longstanding inequity in the servicemembers who are disabled. the Secretary of Defense must, ‘‘iden- compensation of military retirees’ pay, Fully enacting concurrent receipt, tify measures to minimize and miti- this bill does not go far enough and for all who deserve it, is the next step gate . . . any adverse impacts of au- falls far short of the much broader pro- to ensuring that we recognize the mili- thorized military readiness activities vision that was included in the Senate, tary service of those military retirees on affected species of migratory birds’’ or even the House. However, it was im- who by no fault of their own become and ‘‘monitor the impacts of such mili- portant that a compromise was reached disabled during their career military tary readiness activities on affected with regards to Concurrent Receipt. service. species of migratory birds.’’ Is it the The defense authorization bill provides Another disappointing action was the Chairman’s understanding that these many critical quality-of-life and pay removal of language I sponsored, modi- minimization and monitoring measures benefits for our servicemen and women. fying the calculation of back pay for must be addressed in the regulations Foregoing a defense authorization bill persons who were approved for pro- promulgated pursuant to subsection because full Concurrent Receipt was motion as members of the Navy and (d), to ensure that those regulations not included would be wrong because I Marine Corps while interned as pris- are consistent with the Migratory Bird believe we would be hurting an even oners of war during World War II. Last Treaty Act? greater number of servicemembers who year’s Defense authorization bill au- Mr. LEVIN. That is correct, the regu- are currently serving, reservists who thorized back pay to World War II vet- lations must prescribe measures to have been mobilized in support of Oper- erans who were not promoted on time minimize, mitigate and monitor im- ations Noble Eagle and Enduring Free- due to the arcane Navy Department pacts of military training activities on dom, and their families who endure rules of the early 1900s. Unfortunately, migratory birds, so that the regula- long periods without a spouse or parent when the law was changed, an adjust- tions are consistent with section 3(a) of during periods of training or deployment for inflation was not taken into the Migratory Bird Treaty Act. The ment. More must be done on Concur- account. While these men received the two key changes made by the conferees rent Receipt. More will be done. back pay they deserved, it was not ad- to the House provisions: (1) require the The compromise legislation, in ef- justed for inflation. A simple fix to this Department of the Interior to exercise fect, de facto Concurrent Receipt would problem would be to take into account its regulatory authority over DOD ac- increase payments under legislation I changes in the Consumer Price Index. tivities impacting migratory birds and previously introduced in 1999, Special Though included in the original version (2) require appropriate actions to miti- Compensation for Severely Disabled of this year’s Defense Authorization gate the impact of DOD actions on mi- Military Retirees, in an amount equal- Act, the language was removed from gratory birds. The Senate conferees ing the monthly disability compensa- the final version of the legislation.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10870 CONGRESSIONAL RECORD — SENATE November 13, 2002 I also am disappointed that the Con- tion of reservists and continued sup- civilian national service program such ferees dropped the Senate Armed Serv- port by employers of reservists. as the Peace Corps or AmeriCorps. ices Committee’s recommendation sub- I forcefully endorse the Conference In return for service, the legislation mitted by the Administration to waive Committee’s inclusion of an amend- provides the choice of incentives in- certain buy America restrictions. The ment that will direct the Secretary of cluding a $5,000 bonus, repayment of a Senate authorized the Secretary of De- the Air Force to obtain specific author- student loan up to $18,000, an edu- fense to waive domestic source or con- ization and appropriation to lease 100 cational allowance under the Mont- tent requirements for close defense al- Boeing 767 tanker aircraft that was gomery GI Bill. lies that provide reciprocal treatment previously approved by the Department At this time of national challenge, for our defense products. ‘‘Buy Amer- of Defense Appropriations Act of Fiscal Americans are yearning for opportuni- ica’’ restrictions divert necessary funds Year 2002. ties to serve. I hope Congress will expe- to ensure our military is properly Many Senate Armed Services Com- ditiously take action on this entire leg- equipped. An additional $5 billion can mittee Members expressed concern islation to create more options in both be saved per year by eliminating ‘‘Buy that the payment of leasing of major the areas of military and civilian serv- America’’ restrictions that are pro- weapon systems, aircraft, vessels, and ice. tected by the Berry amendment that combat vehicles, should not come from In conclusion, I would like to reit- only undermine U.S. competitiveness critical funds providing for readiness erate my belief in the importance of overseas. Every dollar we spend on ar- spending, such as training, spare parts, enacting meaningful improvements for chaic procurement policies, such as flying hours, and maintenance of weap- active duty and Reserve service mem- ‘‘Buy America,’’ is a dollar we cannot ons systems and barracks. There ap- bers. They risk their lives in Afghani- spend on training our troops, keeping peared to be a sense of agreement that stan and elsewhere to defend our shores personnel quality of life at an appro- any lease for major weapon systems and preserve democracy, and we cannot priate level, paying full concurrent re- should instead be funded from the pro- thank them enough for their service. ceipt, maintaining force structure, re- curement accounts. But, we can and should pay them more, placing old weapons systems, and ad- During posture hearings, the Service improve the benefits for their families, vancing our military technology. Secretaries and Chiefs confirmed that and support the Reserve Components in Although I have shown that there are readiness unfunded requirements still a manner similar to the active forces. numerous examples of why this bill is exist and submitted lists to meet their Our service members past, present, and far from perfect, I am putting my res- readiness requirements. Robbing future need these improvements. We ervations aside to support the final ‘‘Peter to pay Paul’’ so that Air Force also cannot continue with this ‘‘busi- passage of the Fiscal Year 2003 Na- Secretary Jim Roche can modernize ness as usual’’ mindset. We must re- tional Defense Authorization Act Con- the tanker fleet is questionable at best form the Department of Defense and ference Report. I feel that taken as a and several reports by the GAO, OMB not fall prey to the special interest whole this legislation represents a step and CBO bear this out. I will not take groups that attempt to warp our per- forward for our Nation’s military. the time of this body today to again ar- spective and misdirect our spending. The bill contains a package of bene- ticulate the reasons why Secretary We owe so much more to our men and fits for servicemembers and their fami- Roche’s and the Appropriations’ Com- women in uniform who defend our lies that would go a long way toward mittee Boeing 767 leasing scheme is a country. They are our greatest re- addressing the readiness problems fac- rip-off of the taxpayers as I have stated source, and I believe they are woefully ing all the services. It includes a 4.1 on the floor of the Senate in the past. underrepresented. We must continue to percent across-the-board pay raise for However, servicemen and women will do better. all active and reserve servicemembers, someday look at this lease of aerial Mr. BYRD. Mr. President, the Fiscal with an additional targeted pay raise tankers and wonder how Congress was Year 2003 Defense authorization bill ranging from 5.5 percent to 6.5 percent duped into agreeing to a provision that was in conference for nearly 16 weeks. for sergeants, petty officers and chiefs. was so costly and in the end irrespon- This bill, which creates the policies Military pay, by almost all accounts, sible. and programs that will guide the De- has fallen considerably behind civilian I fully support the Conference Com- partment of Defense during this fiscal pay. Arguments can be made as to the mittee’s inclusion of the ‘‘National year, is the counterpart to the defense precise pay differential, and at which Call to Service Act,’’ which provides appropriations bill, which was passed pay grades and mission areas the gap is for strong incentives to encourage by Congress and signed into law last greatest, but there is no credible argu- young Americans to enlist in the month. After the President challenged ment as to whether or not we need to Armed Services. Congress to make the defense budget a address the issue of compensation. The Committee adopted provision is priority, why did it take so long for Additionally, the Committee ap- the military component of the ‘‘Call to Congress to complete action on the de- proved a provision that would author- Service Act,’’ introduced by Senator fense authorization bill? ize a new assignment incentive pay of EVAN BAYH (D–IN) and myself, which This bill has wide support in the Sen- up to $1,500 per month to encourage also expands civilian service opportuni- ate, having originally been passed on servicemembers to serve in difficult-to- ties in AmeriCorps and SeniorCorps June 27, 2002, by a vote of 97 to 2. So fill assignments, like Korea or the Per- and in other service organizations. the bill is not so divisive that con- sian Gulf region. This is a very significant boost to a troversy among Members of the Senate The Committee approved a signifi- bill that will give Americans concrete could have delayed its completion. cant legislative provision directing the opportunities to serve in causes greater The chairman and the ranking mem- Secretary of Defense to review per- than self interest. By encouraging ber of the Armed Services Committee, sonnel compensation laws and policies, more military enlistments, this legis- Senator LEVIN and Senator WARNER, including the Reserve retirement sys- lation could greatly assist our war worked diligently during this extended tem, to determine how well they ad- against terror. period of time to be able to produce a dress the needs of Guard and Reserve Under the ‘‘National Call to Service defense authorization bill for this year. servicemembers. This provision is par- Act,’’ individuals who volunteer to They cannot be blamed for it taking so ticularly noteworthy since the Sec- serve under this new program would be long to completing conference on the retary of Defense recalled nearly 95,000 required to serve on active duty for 15 bill. Reserve Component servicemembers months in the Armed Services after The true reason for the delay was the for Operations Enduring Freedom and completion of initial entry training myopic veto threats that emanated Noble Eagle. Oftentimes the collective and could complete the remainder of from the White House over provisions memory of our active duty, including their military service obligation by in the Senate- and House-passed bills active duty reserve servicemembers, is choosing service on active duty, in the that would have expanded benefits to short and a comprehensive examina- Selected Reserve or in the Individual disabled veterans. The reason the tion of reserve force policies, if done Ready Reserve. The reserve obligation White House opposed these benefits is right, will help address waning reten- could also be fulfilled by serving in a clear: the President’s advisors were

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10871 only looking at the bottom line. It just lies should hold the President account- access for women. Under current prac- does not make sense that we can pass a able for his stand against benefits for tices, a woman who requires abortion defense budget that will spend a billion disabled veterans. related services can seek the approval dollars a day during the next 12 Mrs. MURRAY. Mr. President, I rise of her commanding officer for trans- months, and we can spend more than a today to express my deep disappoint- port back to the U.S. as unscheduled billion dollars a month on military opment that the Murray/Snowe amend- leave: not medical leave, but unsched- erations in Afghanistan, but when it ment was dropped, once again, in con- uled leave. comes to providing benefits to disabled ference. In addition to the serious risk posed veterans, suddenly we do not have the The Murray/Snowe amendment would by delaying an abortion, this policy money. guarantee that women serving in our compromises a woman’s privacy rights The veterans’ benefit that was pro- military overseas have access to safe, by forcing her to release her medical posed in the Senate version of the De- affordable and legal abortions. This condition and needs to her superiors. fense authorization bill would allow an amendment passed the Senate on a 52 This policy also forces women to seek individual with a disability who retired to 40 vote. A similar amendment also abortions outside of the military estab- from the military after 20 years of passed in 1996 and was dropped in con- lishment in foreign countries. Many service to receive the full amount of ference. Once again, reproductive women have little or no understanding his military retirement pay and his health care needs of women were aban- of the laws or restrictions in the host veterans’ disability pay, without reduc- doned behind closed doors. country and may have significant lan- tion from either. Under current law, The DOD authorization bill before us guage and cultural barriers as well. these two payments are offset, in effect today will ensure that our men and In this country, we take for granted forcing these individuals to pay for women in the armed forces have the the safety of our health care services. their own disability checks. equipment and resources they need to When we seek care in a doctor’s office The Senator from Nevada, Mr. REID, protect us. Every day our service men or clinic, we assume that all safety and has authored a bill to correct this situ- and women work overtime, often in health standards are adhered to. Unfor- ation. I am one of 82 cosponsors of that hostile, dangerous environments to tunately, this is not the case in many bill. The House version of this bill has protect our citizens and to secure the other countries. 403 cosponsors. These bills are of the freedoms and values we cherish. They In addition, many of our military highest priority to a great number of deserve our full support. personnel serve in areas that are hos- veterans’ groups and of great impor- Suprisingly, as the women of our tile to women’s reproductive rights and tance to thousands of disabled veterans military, fight for our freedoms over- choices. In some countries, women can around the country. Despite such broad seas, they are actually denied some of be severely punished for seeking abor- support, the White House veto threats these freedoms during their service. tion-related services or family plan- torpedoed the full expansion of these Here at home, women have the right to ning. This is the environment that benefits in the Defense authorization chose. They have constitutionally-pro- many women face. bill. tected access to safe and legal repro- Regardless of one’s view on abortion, The conference report to the Fiscal ductive health services. But, this is not it is simply wrong to place women at Year 2003 Defense authorization bill the case for women serving overseas. risk. This amendment would have re- that we will soon vote on contains a The Murray/Snowe amendment would quired the women to pay the full cost limited expansion of benefits to some have ensured that women serving in associated with the abortion. It would veterans, depending on their level of the military are not forced to check prohibit any direct federal funding. disability and how their injuries were their rights at the U.S. border. Ensuring that women have access to inflicted. It is well short of what vet- Under current restrictions, women safe, legal and timely abortion related erans deserve. who have volunteered to serve their services is an important health guar- I will vote in favor of the conference country are not allowed to exercise antee. It is not a political statement. It report, however, because the bill makes their legally guaranteed right to make is essential that women have access to improvements to a number of other their own reproductive health decisions a full range of reproductive health care programs that are important to the simply because they are serving over- services. That’s why the Murray/Snowe men and women who serve our country seas. amendment was endorsed by the Amer- in uniform. The Defense authorization These women are committed to pro- ican College of Obstetricians and Gyne- bill provides for an across the board tecting our rights as free citizens, yet cologists, the Americans Medical Wom- pay increase, creates new bonus pay- they are denied one of the most basic en’s Association, Physicians for Repro- ments for hardship assignments, and rights afforded women in this country. ductive Choice and Health, Planned reduces housing costs for military fam- Our amendment would not, and let me Parenthood of America, National Fam- ilies. The bill also authorizes $10.4 bil- stress does not require any direct fed- ily Planning and Reproductive Health lion for military construction, which eral funding of abortion related serv- Association, and the National Partner- includes funding to replace dilapidated ices. The amendment would have re- ship for Women and Families. housing at military bases throughout quired women to pay for any direct As we send out troops into the war on the United States. This bill will help to costs associated with an abortion in a terrorism to protect our safety and improve the quality of life of those who military facility. The Murray/Snowe freedoms, we should ensure that female now serve in the military. amendment does not, and again let me military personnel are not asked to Although this bill does not make stress does not, compel a medical pro- sacrifice their rights and protections as enough progress in getting veterans vider to perform abortions. All well. Allowing extreme ideology to dic- the benefits that they have earned, the branches of the military allow medical tate military health care policy is sim- passage of this Defense authorization personnel who have religious or ethical ply wrong. Women have suffered a bill will not be an end to that issue. objections to abortion not to partici- major set back today. Dropping the There is strong support in Congress to pate. Finally, this amendment would Murray/Snowe amendment sends the allow disabled veterans to receive the not have changed or altered conscience wrong message to our military service- full amount of their military retired clauses for military medical personnel. women. It is simply wrong to deny pay and their disability compensation, This is an important and critical wom- women their basic rights behind closed and I am certain that this issue will be en’s health issue. Women should be doors. raised again. able to depend on their base hospital I will not give up. I will be back In the meantime, I urge the thou- and military health care providers to again to fight for this important repro- sands of veterans who contacted me in meet all of their health care needs, in- ductive health care protection. Eventu- support of expanding these benefits to cluding reproductive health. To single ally, we will do the right thing and let the President know how important out abortion-related services could enact the Murray/Snowe amendment. this issue is to you. No veteran should jeopardize a woman’s health. Mr. ALLARD. Mr. President, this doubt who is responsible for killing Opponents of this amendment have week our Nation honored our veterans; this proposal. Veterans and their fami- argued that the military does ensure the men and women who have served

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10872 CONGRESSIONAL RECORD — SENATE November 13, 2002 the United States with distinction. Al- weather forecasts for our military and the welfare of the men and women though we take one day of the year to forces around the world. TechSat 21 in uniform around the world today recognize what veterans have done for will demonstrate the technical and serving in harm’s way. us, it is understood that we are in con- operational feasibility of microsat- I would also like to say I am grateful stant debt to those who defended our ellites, a truly transformational ap- for the opportunity to have served on country’s liberty. It is said that ‘‘Free- proach to space-based systems. And fi- this committee for two years with the dom is not free’’. There is a cost, and nally, the GPS Jammer Detection and Senior Senator from Georgia, MAX this cost has been paid by America’s location System will enable our mili- CLELAND. veterans. They have sacrificed for our tary commanders to rely on GPS and MAX CLELAND has been an inspiration country, and increasingly for our GPS-supported systems such without making countless sacrifices during his world. Around the globe, from Asia to the threat of interference or jamming lifetime of service to our Nation. I have Europe to the Middle East to right here by the enemy. turned to Senator CLELAND again and at home, the millions of men and One of my particular interests for again over the years on the most chal- women who have served in our armed several years has been the use of com- lenging issues confronting us—from the forces deserve as much honor and re- mercial imagery to help meet the Na- war on terror to the welfare of our spect as we can give them. tion’s geospatial and imagery require- service members and their families, Knowing this, there is not one mem- ments. I do not believe that the De- our military retirees and our veterans. ber of this body who would not want partment of Defense has been aggres- Deep within the chest of Senator our veterans to receive benefits that sive enough either in crafting a strat- MAX CLELAND beats the heart of an they have earned. Unfortunately, the egy or in providing funding for this American Soldier, an American who House and the Senate have chosen not purpose. I am gratified that we have in- has given much in the defense of free- to give full concurrent receipt to our cluded a substantial increase for com- dom; an American who has much, veterans, and for this reason I did not mercial imagery acquisition, and some much more to give. I know that I will sign the Conference Report to the De- very helpful words in report language call upon my friend and colleague fense Authorization. While I applaud that I expect will drive the Department again and again, no matter where he is, the inclusion of a special compensation toward establishing a sound relation- when I need the clear insight and for some categories of war veterans, I ship with the commercial imagery in- straightforward counsel of a soldier. believe that more work needs to be dustry. This has been a very important year done and I will continue to push for Closer to home, I know that my con- in American history. We have learned these benefits in the future. stituents in Colorado are pleased that much about the dangers that confront The withholding of my signature to we not only fully funded the Rocky our Nation at home and around the the Conference Report should not, how- Flats Environment Technology Site world. We have learned much about the ever, be seen as my disapproval for the and its cleanup activities but also capability of our Armed Forces to con- entire bill. In fact, overall I am very added an extra $18 million for included front and defeat these dangers. I am pleased with the outcome of the de- security costs at the site. I also appre- confident we will win the war on ter- fense authorization for this year. I be- ciate the support of the new Depart- ror, there can be no question among lieve that the work we have done will ment of Energy environmental cleanup the American people, or in the minds of continue to ensure that our men and reform initiative that will incentivize our friends and enemies. women in the armed forces have access cleanup sites to do their important This bill goes beyond the President’s to the tools they need to perform their work faster and more efficiently. The request and beefs up our arsenal with critical missions across the globe. Also, accelerated cleanup initiative will re- additional warships, better fighting we should not overlook the impact that duce risk to the workers, communities aircraft and improved security at our increasing basic pay will have on our and the environment, shorten the military bases. military personnel, any commitment schedule by decades, and save tens of This is a strong bill for our service that Congress shows to our armed serv- billions of dollars over the life of the members and their families. This bill ices in this regard is a positive gain for cleanup. provides for important increases in the American people. Let me make it very clear that I pay, bonuses, special pays, medicare As I have stated on this floor many chose not to sign the Defense Author- care and family housing. times before, it is abundantly clear ization Conference Report because of This is a major piece of legislation more and more each day how impor- our failure to include the full Senate that lays the foundation for how this tant missile defense is to our country. provision for concurrent receipt, but I Nation will prosecute the war on terror The development of this program is strongly support the bill for providing at home and abroad; how this Nation central to homeland defense and the the technology and resources our mili- will transfer its military for the dan- protection of our friends, allies and de- tary men and women need to protect gers that may confront us in the fu- ployed forces against threats that are our national security. ture; and, how this Nation will care for serious and growing. The authorized Mr. NELSON of Florida. Mr. Presi- the soldiers, sailors, airmen and Ma- levels of funding for critical ballistic dent, I rise to address a number of rines, and their families, that put missile defense systems and their com- issues in the Defense authorization themselves in harms way everyday. ponents is an outstanding accomplish- bill. I am voting for this bill because it I would like to highlight two provi- ment for this Congress. As the ranking contains many provisions critical to sions in this bill, for which I am grate- member of the Strategic Sub- fighting the war on terror and it pro- ful for the support of my colleagues in committee, ensuring full support of vides pay raises for the men and the Senate and the House’s conferees. missile defense is my most important women of our military. But it fails to Earlier this year, the Defense Depart- priority and it will continue to be as rectify a longstanding inequity for dis- ment acknowledgement that Navy ship we begin work in the 108th Congress. abled military retirees. It’s wrong that defense and vulnerability experimen- The Defense authorization conference disabled retirees are forced to pay for tation during the Cold War, known as also provided for a number of develop- their own disability benefits. While Shipboard Hazard and Defense or mental programs critical to space- this bill ends the penalty for some Project SHAD, used chemical and bio- based systems and technologies. The 30,000 retirees, there are more than half logical agents that exposed sailors un- Network, Information, and Space Secu- a million veterans out there who still wittingly to potentially lethal toxins. rity Center will facilitate cooperation are forced to pay for their own dis- While the military necessity of an- for protecting information and infor- ability benefits. ticipating, understanding, and miti- mation systems, which is becoming in- For the many good things we have in gating the vulnerability of our fleet to creasingly important in the face of this bill, I’d like to thank leadership of gas attack is indisputable, using our cyberterrorism threats from around our Chairman, Senator LEVIN, and sailors, intentionally or not, as human the world. The Center for Geosciences Ranking Member, Senator WARNER. guinea pigs is reprehensible. is a leading-edge environmental re- Americans can be assured of their de- A provision that I sponsored and in- search center continuously improving votion to the security of our nation cluded in this bill (Section 709) directs

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10873 the Department of Defense to submit I would have preferred that we as a his wife, which begins at 7 o’clock, so I to the Congress, within 90 days, a com- Congress had done the right thing and would hope everyone can keep that in prehensive plan for the review, declas- passed the Senate version of the bill mind and we can move forward with sification and submission to the Vet- giving our retired military authority this legislation. erans Administration all medical to receive their full pay and disability The PRESIDING OFFICER. The Sen- records and information relating to the compensation. ator from Michigan. SHAD project. Subsequent reports are I would have preferred that we had Mr. LEVIN. My understanding is required every six months allowing the passed full concurrent receipt as there is no need for a rollcall vote on Congress to evaluate the Defense De- eighty-two Senators and 403 members this bill. partment’s progress in executing the of the House have already agreed to Mr. President, just two additional plan. support as cosponsors on separate leg- moments I appreciate taking here. One We owe this level of effort to the sail- islation. relates to Senator CLELAND. ors that may have been exposed to po- I would have preferred that we had Senator CLELAND has been a true tentially toxic agents and get them the passed full concurrent receipt and champion of the men and women who medical care to which they are enti- forced the President’s veto. I would serve our country in uniform. He is di- tled. have proudly voted to override a veto rectly responsible for a great deal of I also sponsored a provision included and fix the injustice once and for all. important legislation, including the in this bill, Section 583, that requires And, I believe an override could have transferability of GI bill benefits to a the Department of Defense to provide been easily achieved. military member’s spouse and children. the Congress a report, classified and Sadly, this effort was lost in the par- This was a major retention initiative. unclassified, on their progress toward tisan, election engineering of this Ad- Secondly, this year he led the effort resolving the fate of Navy Captain Mi- ministration, the civilian leadership in for a new special assignment incentive chael Scott Speicher. Captain Speicher the Defense Department, and the Re- pay to encourage military members to is the only American still unaccounted publican leadership in the House of serve in hard-to-fill positions. for from our war with Iraq nearly Representatives. For weeks we have de- This year he warned us that our mili- twelve years ago. In that time, the De- layed resolution of this issue in this tary services are too small to meet our fense Department has painfully mis- bill in order to avoid forcing the Presi- ongoing and growing commitments, managed the search for and subsequent dent to take an action contrary to the and he is proving to be prescient in classification of Captain Speicher. interests of veterans. that regard because of the needs we see Section 583 of the bill requires the Hopefully, veterans will quickly for our military services in the way in Defense Department to report to Con- learn that there are those of us who which they are involved in so many gress not later than 90 days of enact- truly care about meeting our obliga- parts of the world. ment, and every 120 days thereafter, tions to them; and, they do have a But in addition to his role on the providing specific details on their ef- place to go where their voices will be Personnel Subcommittee, Senator forts to resolve the fate of Captain heard, where America’s promises will CLELAND continually reminded us of Speicher. We need to give American be kept, and where their needs will be the pitfalls of committing U.S. Armed service members the certain knowledge met. Forces to conflict without clearly de- that we are not a nation that casually I am ready to take up this fight in fined objectives supported by the Con- or negligently abandons its military our next session. I am proud to rep- gress and the American people. men and women during or after a con- resent the interests of our veterans and Senator CLELAND’s careful and flict. our military retirees. I am also proud thoughtful approach to national secu- I share the hope of so many of Cap- to represent the interests of our retir- rity has been appreciated by every tain Speicher’s shipments, friends and ees’ surviving spouses, military wid- member of the Armed Services Com- family that we will one day know his ows, and their children. We have a lot mittee, every Member of this body. His fate. I am proud to have sponsored this of work to do correcting some of the advice and his judgment are going to provision and expect that the Defense injustices created over the years with continue to be needed by us individ- Department’s efforts will reflect the conflicting and inconsistent benefits ually, and we will be calling upon him. Nation’s interest in bringing peace and policies that seem to be concentrated His indomitable spirit has inspired us, comfort to all. in our Armed Services and Veterans and it will continue to do so. There is also heartbreak in what we programs. I look forward to taking up Senator CARNAHAN has been a valued were not able to do in this bill, espe- these challenges and working with my member of the Armed Services Com- cially for our military retirees. This colleagues to rationalize and simplify mittee for the last 2 years. She was bill fails to repeal the prohibition on our benefits systems so that we keep able to quickly get up to speed. She the concurrent receipt of retired pay our promises to those who have given played an important role in the com- and disability compensation, as we had their all to the Nation. mittee’s deliberations on a wide array provided in our Senate version of the I would like to close with a of issues. bill. quintessentially American expression She had a particular interest, and Instead we have a compromise ac- of what we need to do by President had a significant impact, in a number ceptable to the President who is un- Teddy Roosevelt, ‘‘A man who is good of areas, including Reserve health care willing to pay the cost of correcting enough to shed his blood for his coun- and counterproliferation programs. the injustice of requiring our military try is good enough to be given a square In the area of Reserve health care, retirees to pay for their own disability deal afterward.’’ I believe that there Senator CARNAHAN played a key role in compensation. should be at least eighty-two of my extending the period during which Re- This is an intolerable disappointment colleagues in this chamber who will servists remain eligible for military for the hundreds of thousands of mili- agree with this and be willing to make health care after being released from tary retirees and their families hurt by it a reality next session. active duty, and in initiating a review the policy. We failed them again and I The PRESIDING OFFICER. The Sen- of alternative means for providing am deeply disappointed. ator from Nevada. health care to the Reserves. It has been clear to all that President Mr. REID. Mr. President, it is my un- In the area of counterproliferation, Bush has worked hard against the in- derstanding that all time has expired. Senator CARNAHAN played a key role in terests of our military retirees in this The PRESIDING OFFICER. That is developing legislation to improve our instance. And, with the help of the ci- correct. nonproliferation programs to address vilian leadership in the Department of Mr. REID. The chairman of the com- the problem of radiological weapons Defense and the Republican leadership mittee wishes to enter a statement in and so-called ‘‘dirty bombs.’’ in the House of Representatives, he’s the RECORD that will take less than 5 She has always been a strong advo- got what he wanted, controlling federal minutes. I would only state there are a cate of efforts to expand these pro- spending on the backs of our retired number of Senators who wish to attend grams to countries outside of the veterans. the service for Senator Wellstone and former Soviet Union. Her thoughtful,

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10874 CONGRESSIONAL RECORD — SENATE November 13, 2002 balanced approach to legislation will BOB SMITH is a true American pa- The PRESIDING OFFICER. The be missed on our committee, and her triot. He loves his country. He served clerk will call the roll. good and gentle nature will be missed in the Navy. He was a history teacher. The legislative clerk proceeded to by every Member of this body. He came down here with a ‘‘Mr. Smith call the roll. Finally, Senator BOB SMITH and Sen- Comes to Washington’’ view of the Mr. REID. Mr. President, I ask unan- ator TIM HUTCHINSON were key mem- highest possible values he could bring imous consent that the order for the bers of our committee. to bear. He loved the Defense Depart- quorum call be rescinded. I take this opportunity to recognize ment. He gave it extraordinary inter- The PRESIDING OFFICER. Without the contribution that Senator BOB est. He was a top leader in national objection, it is so ordered. SMITH has made to the work of the missile defense and high technology de- Mr. REID. Mr. President, what is the Armed Services Committee and the na- fense. He was a leader on the Strategic business now before the Senate? tional security of this country over his Subcommittee and chaired it for a 12 years of service on this Committee. number of years. f Most recently Senator SMITH has He was a champion for lost POWs. No served as both the Chairman and Rank- Senator in this body spent more time HOMELAND SECURITY ACT OF ing Member of our Strategic Sub- and effort fighting to make sure every 2002—Continued committee where he was a strong advo- single prisoner of war of the United The PRESIDING OFFICER. Under cate of national security space pro- States was recovered or we knew grams, ballistic missile defense pro- the previous order, the Senator from about. He led on the Mike Speicher Tennessee is recognized to offer an grams, and the modernization of our case, the missing pilot in Iraq. strategic nuclear triad. He did not amendment. TIM HUTCHINSON came in with me. I limit his work on the Committee to the Mr. REID. Mr. President, I appreciate love TIM and watched him lead in this that. I noted previously that Senator work of one or two subcommittees, body year after year. He was a tremen- however. He made it a point to involve SANTORUM was going to be recognized dous contributor to the Armed Services after we disposed of the Defense au- himself in the whole range of issues Committee. He chaired the Personnel that came before the Committee and thorization bill. Senator SANTORUM, Subcommittee. In that subcommittee, the Committee’s deliberations and con- due to the fact we are having a cere- he fought hard to improve the pay, clusions were always improved by his mony for Senator Wellstone at 7 benefits, and living conditions of our involvement. This past year for exam- o’clock, agreed to do that after we men and women in uniform. He also ple, he worked very hard on the issue bring up the port security legislation fought successfully to break down the of concurrent receipt for our deserving tomorrow, after that vote. Everyone barriers where some of our colleges veterans. should expect Senator SANTORUM to Every member of the Armed Services would not let military recruiters come offer a unanimous consent request at on campus to recruit. He led a tough Committee will miss Senator SMITH’s that time dealing with the CARE Act. thoughtful advice and collegial ap- battle to change some of those laws. The PRESIDING OFFICER. The Sen- proach to national security issues in He was a leader, as was Senator ator from Tennessee is recognized. SMITH, in the concurrent receipt battle the next Congress. AMENDMENT NO. 4901 to make sure our veterans who have I would also like to take this oppor- Mr. THOMPSON. Mr. President, on been injured and disabled received bet- tunity to recognize and thank Senator behalf of Senators GRAMM, MILLER, ter compensation. HUTCHINSON for his service on the VOINOVICH, and myself I call up an I thank Senator LEVIN for men- Armed Services Committee for the last amendment that is at the desk and ask 6 years. In particular, I would like to tioning these Senators at this time. I yield the floor. for its immediate consideration. recognize his service as Chairman and The PRESIDING OFFICER. The Ranking Member of the Personnel Sub- The PRESIDING OFFICER. The Sen- ator from Michigan. clerk will report the amendment. committee. The legislative clerk read as follows: Senator HUTCHINSON demonstrated Mr. LEVIN. Mr. President, as Sen- great leadership in helping our mili- ator WARNER did, I add my thanks to The Senator from Tennessee [Mr. THOMP- SON], for Mr. GRAMM, for himself, Mr. MIL- tary recruiters. He was a major player our staffs: David Lyles, chief of staff on the Democratic side; Judy Ansley, tak- LER, Mr. THOMPSON, Mr. BARKLEY, and Mr. in enacting TRICARE for Life, signifi- VOINOVICH, proposes an amendment num- cantly increasing the pay of our troops, ing the same responsibility on the Re- bered 4901. and reducing the out-of-pocket housing publican side. We are deeply in debt to them and to their entire crew which Mr. THOMPSON. Mr. President, I ask expenses for military personnel not unanimous consent that the reading of able to live on a military installation. works with them. Without our staffs, needless to say, the amendment be dispensed with. In response to requests for help from The PRESIDING OFFICER. Without enlisted recruiters, he initiated legisla- we could not even come close, not just procedurally, not just mechanically, to objection, it is so ordered. tion that ensures that military recruit- (The amendment is printed in today’s ers have the same access to secondary accomplishing this goal of a conference report, but also for the wisdom, the ad- RECORD under ‘‘Text of Amendments.’’) school students as is provided to col- The PRESIDING OFFICER. Under leges, universities, and other potential vice they give us on substantive issues as well which is so important to us. the previous order, the Senator from employers. Connecticut is recognized. Our service members and our Nation I don’t know of anybody else who have greatly benefitted from Senator wants to speak. I don’t know of a re- AMENDMENT NO. 4902 TO AMENDMENT NO. 4901 TIM HUTCHINSON’s service here in the quest for a roll call. I yield the floor Mr. LIEBERMAN. I thank the Chair. Senate on the Armed Services Com- and hope we can adopt the conference Mr. President, I have an amendment mittee. We thank him. report. which I send to the desk on behalf of The PRESIDING OFFICER (Mr. NEL- The PRESIDING OFFICER. Is there Senator MCCAIN and myself. SON of Nebraska). The Senator from further debate on the conference re- The PRESIDING OFFICER. The Alabama. port? clerk will report the amendment. Mr. SESSIONS. Mr. President, I ask If not, the question is on agreeing to The legislative clerk read as follows: unanimous consent to make a few re- the conference report. The Senator from Connecticut [Mr. LIE- marks about Senators SMITH and The conference report was agreed to. BERMAN], for himself, Mr. MCCAIN, and Mr. HUTCHINSON. Mr. LEVIN. Mr. President, I move to NELSON of Nebraska, proposes an amendment The PRESIDING OFFICER. Without reconsider the vote. numbered 4902 to amendment No. 4901. objection, it is so ordered. Mr. LIEBERMAN. I move to lay that Mr. LIEBERMAN. Mr. President, I Mr. SESSIONS. I join with Senator motion on the table. ask unanimous consent that the read- LEVIN in his high compliments of Sen- The motion to lay on the table was ing of the amendment be dispensed ators CLELAND and CARNAHAN. Both agreed to. with. have served this committee exceed- Mr. REID. Mr. President, I suggest The PRESIDING OFFICER. Without ingly well. the absence of a quorum. objection, it is so ordered.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10875 (The amendment is printed in today’s gree amendment to H.R. 5005. Cloture a thorough, nonpartisan, independent RECORD under ‘‘Text of Amendments.’’) motions have been filed on the Thomp- inquiry into what happened on Sep- Mr. REID. Mr. President, I suggest son amendment and on the bill itself. tember 11, or to propose far-reaching the absence of a quorum. Mr. BYRD. So two cloture motions measures to protect our people and our The PRESIDING OFFICER. The have been filed? institutions against such assault in the clerk will call the roll. The PRESIDING OFFICER. That is future. The legislative clerk proceeded to correct. To this day, we have little informa- call the roll. Mr. BYRD. And in order of prece- tion on how 19 men armed with Mr. THOMPSON. Mr. President, I ask dence, which is the first? boxcutters could have so effectively unanimous consent that the order for The PRESIDING OFFICER. The first struck America. After every other such the quorum call be rescinded. cloture motion is on the Thompson tragedy in our Nation’s history, like The PRESIDING OFFICER. Without amendment. Pearl Harbor and President Kennedy’s objection, it is so ordered. Mr. BYRD. And the second is on assassination, independent investiga- CLOTURE MOTION the—— tions were immediately appointed to Mr. THOMPSON. Mr. President, I The PRESIDING OFFICER. On the examine what went wrong and rec- send a cloture motion to the desk to underlying bill. ommend needed reforms to prevent the pending substitute amendment. Mr. BYRD. The underlying bill being such tragedies from happening again. The PRESIDING OFFICER. The clo- House bill 5005. There has been no such review since ture motion having been presented The PRESIDING OFFICER. That is September 11. under rule XXII, the Chair directs the correct. This is what our proposed commis- clerk to read the motion. Mr. BYRD. I thank the Chair. I have sion would do. Its goal would be to The legislative clerk read as follows: nothing further. I yield the floor. make a full accounting of the cir- CLOTURE MOTION The PRESIDING OFFICER. Who cumstances surrounding the attacks, We, the undersigned Senators, in ac- yields time? including how prepared we were, and cordance with the provisions of rule Mr. REID. I suggest the absence of a how well we responded to this unprece- XXII of the Standing Rules of the Sen- quorum. dented assault. The commission would ate, hereby move to bring to a close The PRESIDING OFFICER. The also make comprehensive recommenda- the debate on the substitute amend- clerk will call the roll. tions on how to protect our homeland ment No. 4901 for H.R. 5005, the Home- The legislative clerk proceeded to in the future. It would examine not land Security legislation. call the roll. just intelligence but the range of Gov- John Breaux, Ben Nelson of Nebraska, Mr. MCCAIN. Mr. President, I ask ernment agencies and policies, from Larry E. Craig, Jon Kyl, Mike DeWine, unanimous consent that the order for border control to aviation security to Don Nickles, Craig Thomas, Rick the quorum call be rescinded. diplomacy. Santorum, Trent Lott, Fred Thompson, The PRESIDING OFFICER. Without Learning the lessons of September 11 Phil Gramm, Pete Domenici, Richard objection, it is so ordered. The Senator will require asking hard questions. It G. Lugar, Olympia J. Snowe, Mitch from Arizona is recognized. will require digging deep into the re- McConnell. Mr. MCCAIN. Mr. President, I ask sources of the full range of Government The PRESIDING OFFICER. The Sen- unanimous consent to speak for 5 min- agencies. It will demand objective ator from Tennessee. utes as in morning business. judgment into what went wrong, what CLOTURE MOTION The PRESIDING OFFICER. Without we did right, and what else we need to Mr. THOMPSON. Mr. President, I objection, it is so ordered. do to deter and defeat depraved as- now send a cloture motion to the desk f saults by our enemies in the future. to the pending bill. No such review has occurred to date. INDEPENDENT COMMISSION TO IN- The PRESIDING OFFICER. The clo- Passage of the homeland security legis- VESTIGATE SEPTEMBER 11 AT- ture motion having been presented lation is a good start to making needed TACKS under rule XXII, the Chair directs the reforms, but to some extent we are fly- clerk to read the motion. Mr. MCCAIN. Mr. President, the leg- ing blind in our efforts to reform our The legislative clerk read as follows: islation Senator LIEBERMAN and I in- approach to homeland defense because CLOTURE MOTION troduced last year to create an inde- we still do not know what parts and We, the undersigned Senators, in accord- pendent commission to investigate the policies of the Government failed the ance with the provisions of rule XXII of the September 11 attacks passed the Sen- American people last September 11. Standing Rules of the Senate, hereby move ate as an amendment to the homeland We do know, thanks to press leaks to bring to a close the debate on Calendar security bill by a vote of 90 to 8 in Sep- and the work of the joint intelligence No. 529, H.R. 5005, the Homeland Security tember. Days before the vote, the ad- committee, that significant failures oc- legislation. ministration issued a letter supporting curred. John Breaux, Ben Nelson of Nebraska, the creation of an independent com- The chairman and ranking member Larry E. Craig, Jon Kyl, Mike DeWine, mission. But Congress is about to ad- of the Senate Intelligence Committee Don Nickles, Craig Thomas, Rick Santorum, Trent Lott, Fred Thompson, journ without having done so, to get it have suggested we might have pre- Phil Gramm, Pete Domenici, Richard done. vented the September 11 attacks had G. Lugar, Olympia J. Snowe, Mitch The agreement that was reached on we properly analyzed available infor- McConnell. the homeland security bill is a wel- mation. They strongly support our Mr. THOMPSON. Mr. President, I come development and will make our independent commission legislation to suggest the absence of a quorum. Nation more secure. But the agreed carry on the work their joint intel- The PRESIDING OFFICER. The text does not include our independent ligence investigation started. Together clerk will call the roll. commission proposal, despite an over- with Senators BOB GRAHAM and DICK The legislative clerk proceeded to whelming Senate vote in September SHELBY, we have been negotiating in- call the roll. and despite its previous inclusion in tensively with the White House and re- Mr. BYRD. Mr. President, I ask unan- both the Lieberman and Gramm-Miller main hopeful we might reach an agree- imous consent that the order for the bills. ment with them to create a commis- quorum call be rescinded. I believe President bush and his team sion, but we believe Congress must The PRESIDING OFFICER. Without have responded admirably and with a speak on this issue. objection, it is so ordered. sense of purpose to the terrorist at- The families of September 11 will not Mr. BYRD. Mr. President, what is the tacks, and the joint intelligence com- rest until they have answers about how legislative situation in the Senate at mittee investigation into the associ- their Government let them down and this moment? ated intelligence failings has added to what we can do to make sure such The PRESIDING OFFICER. There is our understanding of what went wrong. tragedy never strikes America again. a pending Lieberman second-degree But neither the administration nor This is not a witch hunt. It is a search amendment to the Thompson first-de- Congress is alone capable of conducting for the answers that will enable us to

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10876 CONGRESSIONAL RECORD — SENATE November 13, 2002 better protect our Nation against fu- I think I can say for my friend from I have seen public opinion surveys ture attack by terrorists. It is about Arizona and myself if for some reason that say it represents the desire and the future, not the past. It is worthy of that does not work, we are going to opinion, quite naturally, not just of the the strong bipartisan support it has al- keep introducing it wherever and families of September 11 victims but of ready received. I urge my colleagues to whenever we think we can get a vote the American people. So while I join support this amendment. that will make it law. We owe this to my friend from Arizona in expressing I want to thank my friend from Con- the families of the September 11 vic- my gratitude that the White House has necticut for his efforts on behalf of this tims. again today restarted negotiations to commission. I want to thank him for I have met with them, as Senator try to reach an agreement, I must say his efforts on behalf of the families, MCCAIN has, several times. Their desire leaving this proposal for a commission and I want to thank the White House for this commission is in some ways out of this substitute that is now put for their continued negotiations. It is the strongest and most compelling ar- in to create a Department of Homeland time we wrapped up these negotiations gument anyone can make on its behalf, Security is inexplicable. I hope we can so this commission can be part of the because they asked us and they asked explain it by either putting it back in Homeland Security bill. America, having lost loved ones, how or coming to an agreement with the The PRESIDING OFFICER. The Sen- could September 11 have happened? We White House. It is that critical. ator from Connecticut. owe them an answer to that question, Mr. MCCAIN. Will the Senator yield Mr. LIEBERMAN. Mr. President, I and we have not given it to them yet. for one more question? thank my dear friend from Arizona for As Senator MCCAIN said, the work by Mr. LIEBERMAN. I would be glad to. his strong statement, for joining me in the Joint Intelligence Committee has Mr. MCCAIN. Is it not true, from con- introducing this amendment, and for revealed information, media investiga- versations with the families, that the his characteristic steadfastness in pur- tions have revealed information, that families do not want this commission suit of an important cause regardless only increases our understanding of created by executive order because of the opposition and where it comes how much more we need to know. The then it would not have the input of the from. Senate coleaders of the Intelligence legislative branch? And second of all, He and I introduced legislation last Committee, Senator GRAHAM and Sen- that other commissions in the past December. We are approaching a year ator SHELBY, are now strong supporters have all been created by acts of Con- ago. It was a few months after the of this commission idea. gress, not by executive order? Is that tragic attacks of September 11. We felt Going back to the families of the the Senator’s understanding? there should be an independent citizen September 11 victims, I do want to say Mr. LIEBERMAN. The Senator from commission, nonpartisan, with full the persistent advocacy of these fami- Arizona again is correct. There have powers of subpoena and adequate relies, led by Steve Push, Kristen been some commissions created by sources to investigate how could Sep- Breitweiser, Mary Fetchet, Beverly other bodies. But the ones in the most tember 11 have happened, because Eckert, and so many others, despite important cases have been created by clearly the fact it did happen said we their great personal loss, has inspired Congress. On the first point, which is a were not adequately protecting the not only my deep admiration but our powerful point, it is the clear desire of American people. We were insistent continuing commitment to fight for the families of the victims of Sep- that this kind of investigation occur so this commission until it comes to fru- tember 11 that this commission be cre- we could learn how to prevent it from ition. We are not interested in pointing ated by Congress. We ought to create ever happening again. fingers. This is all about our common it. This was a national catastrophe. There have been roadblocks along the security, and improving it is our com- As we create a Department of Home- way, but we have continued to state, mon responsibility. and we state again, we are not going to I hope our colleagues will join us in land Security to protect the American give up this fight until such an inde- supporting this amendment to the people from that ever happening again, pendent commission is created because Homeland Security bill and restoring we ought to, as the representatives of we cannot rest until the truth and the this provision to create an independent all the people of this country, all of whole truth, so help us God, as best as commission on September 11. them in this terrible new era we have anyone is able to find it, is determined Mr. MCCAIN. Will the Senator yield? entered, potentially victims of ter- about September 11. Because without Mr. LIEBERMAN. I yield to my rorism—we, as their representatives, that unlimited, unvarnished, uninhib- friend. ought to say loudly and together, hope- ited truth, we are not going to be able Mr. MCCAIN. Will the Senator agree fully together with the administration, to inform this new Department of it is a bit surprising we have not been we can never know too much about Homeland Security adequately. able to make greater progress on this how September 11 happened. We do not This measure of ours passed the Sen- commission since there was a recorded know enough now how September 11 ate earlier this year when we were con- vote in the Senate of 90 to 8, and it was happened. The one best way to know as sidering the Homeland Security meas- included in the Homeland Security much as we can of the truth about Sep- ure. It passed overwhelmingly with bi- bills prior to this latest iteration? tember 11 is to create a strong, nonpartisan support. In fact, the so-called Again, I want to thank the White political commission with full re- Gramm-Miller substitute incorporated House for their active participation, sources and powers of subpoena to get this provision, which I was very grate- but I hope that mandate would be felt to the truth. ful to Senator GRAMM and Senator MIL- by one and all. A 90-to-8 vote usually The day for this commission will LER for doing, and Senator MCCAIN was does not seem to have difficulty, at come. The arguments for it are irre- a great advocate for that cause. least from the Senate side, in becoming sistible. Let us hope that day is sooner In the substitute introduced by Sen- a part of legislation. than later. I thank my friend from Ari- ator THOMPSON, in coordination with Interestingly, we do not find it in the zona for his persistence and advocacy. the White House and the House, the Homeland Security bill. In the interest Also, it is an honor to work with him. commission proposal is not in it, and of straight talk, if there is a cloture We will stand shoulder to shoulder that is not acceptable. Senator MCCAIN vote and it is not in there at that time, with a lot of other Members, of both has said happily we continue to nego- then the amendment for a commission parties, of this body to get this com- tiate with the White House up until will fall because of nongermaneness, a mission created. this moment, hopeful that an agree- situation which I do not think is really I yield the floor and suggest the ab- ment can be secured that will create what was intended when we had a 90-to- sence of a quorum. the aggressive, independent, non- 8 vote on this issue in the Senate. The PRESIDING OFFICER. The political commission this tragedy re- Mr. LIEBERMAN. The Senator from clerk will call the roll. quires. But if it is not, and we have not Arizona is quite right. He remembers The assistant legislative clerk pro- reached an agreement yet, we are going the numbers exactly. It was a 90-to-8 ceeded to call the roll. to do everything we can to reinsert vote—very strong bipartisan support Mr. DURBIN. Madam President, I ask this commission into this Homeland for this idea. That support ought not be unanimous consent that the order for Security bill where it belongs. frustrated. the quorum call be rescinded.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10877 The PRESIDING OFFICER (Mrs. lina Sheriffs’ Association. Ten years international marketplace through CLINTON). Without objection, it is so later, he was elected President of the such programs as the Export Enhance- ordered. National Sheriff’s Association. Johnny ment Program and the Targeted Ex- f Mack’s selection to these prestigious port Assistance program—now the positions is a testament to his capacity Market Access Program—and for its MORNING BUSINESS to lead others. landmark provisions in support of nat- Mr. DURBIN. Madam President, I ask Johnny Mack Brown has also been ural resource conservation, such as the unanimous consent that there be a pe- the recipient of numerous awards. In Conservation Reserve Program. riod for morning business with Sen- 1990, the Lion’s Club of Greenville When I think of Senator HELMS as a ators permitted to speak therein for up awarded Johnny Mack the Distin- person, two characteristics stand out. to 5 minutes. guished Citizen Award, and in 1998, the First and foremost, I think of him as a The PRESIDING OFFICER. Without Blue Ridge Council of the Boy Scouts gentleman always, one who gives cur- objection, it is so ordered. of America awarded him another Dis- rent meaning to an old-fashioned term: f tinguished Citizen Award. In 1999, the courtly. Refined in his manners and re- Pleasantburg Lion’s Club named him spectful toward others, he brings a THE CONFIRMATION OF JOHNNY Southern charm and grace to all that MACK BROWN TO BE UNITED as its Citizen of the Year. Johnny Mack Brown is also a 1993 recipient of he does, and a civility to political dis- STATES MARSHAL FOR THE DIS- course that sadly is too often lacking TRICT OF SOUTH CAROLINA the Order of the Palmetto, South Caro- lina’s highest civilian award. today. Mr. THURMOND. Mr. President, I am Johnny Mack Brown’s law enforce- Second, he has displayed even in the pleased that the Senate has confirmed ment credentials and his leadership twilight of his career an openness and Johnny Mack Brown to be United skills will serve him well as United a tolerance toward others who hold States Marshal for the District of States Marshal in the District of South views that he may not always have South Carolina. Johnny Mack Brown is Carolina. He is truly a deserving man shared. In that respect, he has dis- a man of outstanding character and is who has striven to serve the public played a capacity for growth and un- highly qualified to serve as a United with honor and integrity for many derstanding that should serve as an in- States Marshal. He will serve our Na- years. He will be a very successful spiration to the rest of us. tion well. United States Marshal, and I am proud I know that I am joined by all of my colleagues in wishing Senator HELMS Johnny Mack has over 30 years’ expe- to see him confirmed. rience in law enforcement. In 1966, he and his wife Dorothy a long restful, f went to work for the South Carolina and fulfilling retirement together in Department of Probation, Parole & TRIBUTE TO JESSE HELMS North Carolina. Pardon, serving as a probation officer. Mr. CONRAD. Madam President, I f From there, he joined the Thirteenth take this opportunity to recognize the PASSAGE OF S. 1868 Circuit Solicitor’s Office and worked as distinguished career of one of our retir- Mr. BIDEN. Madam President, I am an investigator for four years. ing colleagues, the senior Senator from pleased the Senate passed S. 1868 by Mr. Brown’s success soon provided North Carolina, Senator HELMS. unanimous consent on October 17, him with opportunities to showcase his Senator HELMS began his service in along with a Biden-Thurmond sub- substantial leadership skills. In 1973, he the U.S. Senate in January of 1973. stitute. Enactment of this measure will became the director of the Municipal When he retires at the end of this year, make our children safer, and I rise Offender Program at the Greenville at the conclusion of his fifth term, he today to explain several of the bill’s City Municipal Court in Greenville, SC. will have served the public as a U.S. provisions. From 1974 to 1976, he served as Director Senator for a full 30 years. Those of us Today, 87 million of our children are of the Pre-Trial Diversion Program in who have had the privilege of being a involved in activities provided by child the Thirteenth Circuit Solicitor’s Of- member of this institution understand and youth organizations which depend fice. well the commitment, hard work, dedi- heavily on volunteers to deliver their After his time at the Solicitor’s of- cation, and personal sacrifice that services. Millions more elderly and dis- fice, Johnny Mack decided to run for make such a record possible. abled adults are served by public and office himself. He was elected in 1976 as Senator HELMS’ lengthy career in the private service organizations. Organi- the Sheriff of Greenville County, SC. Senate actually represented the con- zations across the country, like the He was subsequently re-elected five tinuation of an already notable and Boys and Girls Clubs, often rely solely times and served a total of 24 years as varied public life that included, among on volunteers to make these safe ha- Greenville’s beloved sheriff. other things, service in the U.S. Navy vens for kids a place where they can As sheriff, Johnny Mack Brown from 1942 to 1945, senior staff positions learn. The Boys and Girls Clubs and served with distinction. He proved him- under two U.S. Senators, two terms on others don’t just provide services to self to be a strong leader, and it is no the Raleigh, NC, City Council, and a kids, their work reverberates through- wonder that he was elected to a total host of leadership positions with civic, out our communities, as the after- of six terms. There is no doubt that business, and educational organiza- school programs they provide help keep Johnny Mack Brown’s constituents felt tions. kids out of trouble. This is juvenile secure with him as their sheriff. The During our time in the Senate, I have crime prevention at its best, and I sa- voters’ repeated endorsement of John- come to know Senator HELMS best as a lute the volunteers who help make ny Mack is a tribute to his skill and fellow member of the Committee on these programs work. professionalism. Agriculture, Nutrition, and Forestry. Unfortunately, some of these volun- During his time as sheriff, Johnny While on the Committee, he proved to teers and employees come to their jobs Mack contributed to the State and na- be an outspoken and vigorous defender with less than the best of intentions. tional law enforcement community in of those commodities, such as peanuts According to the National Mentoring various ways. For example, he has and tobacco, that are important to Partnership, incidents of child sexual written numerous articles for law en- North Carolina’s vital agricultural sec- abuse in child care settings, foster forcement publications. These writings tor. But he has also shown himself to homes and schools ranges from 1 to 7 have dealt with topics such as the pro- be a leader for all of U.S. agriculture, percent. Organizations have tried to fessionalizing of sheriff’s offices, the as when he chaired the Agriculture weed out bad apples, and today most use of information technologies, and Committee during the period when conduct background checks on appli- the implementation of community pro- Congress wrote the Food Security Act cants who seek to work with children. grams for crime prevention. of 1985, otherwise known as the 1985 Unfortunately, these checks can often Mr. Brown has also served in promi- farm bill. That legislation is recog- take months to complete, can be ex- nent leadership positions at both the nized even today for its pensive, and many organizations do not state and national levels. In 1983, he groundbreaking commitment to keep- have access to the FBI’s national fin- served as President of the South Caro- ing U.S. agriculture competitive in the gerprint database. These time delays

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10878 CONGRESSIONAL RECORD — SENATE November 13, 2002 and scope limitations are dangerous: a victed of crimes that bear upon their The danger these delays pose to men- prospective volunteer could pass a fitness to have responsibility for the toring groups and others cannot be name-based background check in one safety and well-being of children, the overstated. Suppose a group seeks to State, only to have a past felony com- elderly, or individuals with disabilities. hire a volunteer who grew up in a mitted in another jurisdiction go unde- Two years ago, organizations seeking neighboring jurisdiction to work with tected. to conduct background checks on their children. The group has the volunteer The intent of S. 1868 and the sub- employees and volunteers made me fingerprinted at their local police de- stitute, the Biden-Thurmond National aware of serious problems with the cur- partment, forwards those prints along Child Protection and Volunteers for rent background check system, prob- to the agency designated by State stat- Children Improvement Act, are to lems that were jeopardizing the safety ute or procedure to receive such re- streamline the process for organiza- of children. Groups like the Boys and quests, and then waits for the national tions to check the backgrounds of po- Girls Clubs of America alerted me that, results. FBI data indicates they will tential volunteers and employees. A re- despite the authorities provided in the wait close to four months, on average, view of the statutory background in NCPA and the VCA, national check re- for the final results of the background this area is appropriate. quests were often delayed, in some ju- check. That’s too long. It forces groups Effective December 20, 1993, the Na- risdictions they were never processed, to choose between taking a risk on tional Child Protection Act, ‘‘NCPA,’’ and that the prohibitive costs of some someone’s background, not making the P.L. 103–209, encouraged States to of these checks were discouraging enti- hire at all, or seeking out only can- adopt legislation to authorize a na- ties from seeking the reviews. didates from their jurisdiction for Under current law, whether they tional criminal history background whom a full national background check want a State or national criminal check to determine an employee’s or may not be necessary. volunteer’s fitness to care for the safe- background check, organizations must Delay is not the only problem with apply through their state-authorized ty and well-being of children. On Sep- the current system. The NCPA/VCA agency. The State agency then per- tember 13, 1994, the Violent Crime Con- caps the fees the FBI can charge for na- forms the State check and forwards the trol and Law Enforcement Act of 1994, tional background checks at $24 for request to the FBI for a national P.L. 103–322, expanded the scope of the employees. For State fees, the NMCPA/ check. The FBI responds back to the NCPA to include the elderly and indi- State agency, which then forwards the VCA requires States to ‘‘establish fee viduals with disabilities. information back to the volunteer or- systems that insure that fees to non- As envisioned by Congress, the NCPA ganization. In Delaware, the State Po- profit entities for background checks was to encourage States to have in ef- lice Bureau of Identification works do not discourage volunteers from par- fect national background check proce- with groups to fingerprint prospective ticipating in child care programs.’’ In a dures that enable a ‘‘qualified entity’’ workers and check their backgrounds. survey of mentoring organizations, the to determine whether an individual ap- A patchwork of statutes and regula- National mentoring Partnership found plicant is fit to care for the safety and tions govern background checks at the that organizations were paying on av- well-being of children, the elderly, or State level; there are currently over erage $10 for a State records check, individuals with disabilities. The pro- 1,200 State statutes concerning crimi- plus the fee for a national check. For cedures permit this entity to ask an nal record checks. This has led to wide- organizations utilizing hundreds of vol- authorized State agency to request ly different situations in each State: unteers and employees, the costs of that the Attorney General run a na- different agencies are authorized to conducting through background checks tionwide criminal history background perform the checks for different types can be exorbitant. Small, community- check on an applicant provider. ‘‘Quali- of organizations, distinct forms and in- based organizations with limited fund- fied entity’’ is defined at 42 U.S.C. 5119c formation are required, and the results ing often must choose between funding as ‘‘a business or organization, whether are returned in various formats that services to children or checking the public, private, for-profit, not-for-prof- can be difficult to interpret. States criminal history records of prospective it, or voluntary, that provides care or have not been consistent in their inter- volunteers. care placement services, including a pretation of the NCPA and VCA. Put In an attempt at addressing some of business or organization that licenses simply, the current system is ex- these concerns with the current NCPA/ or certifies others to provide care or tremely cumbersome, particularly for VCA system, at the conclusion of the care placement services....’’. The au- those organizations that must check 106th Congress I introduced S. 3252. I thorized agency should access and re- criminal records in multiple States, reintroduced the same bill as S. 1868 in view State and Federal criminal his- and for those groups employing sea- this Congress, and I am proud to have tory records through the national sonal workers, such as summer camps, Senator THURMOND as a cosponsor. As criminal history background check for whom time is of the essence when introduced, S. 1868 would have per- system and make reasonable efforts to seeking the results of background mitted qualified entities like the Boys respond to an inquiry within 15 busi- checks. and Girls Clubs to apply to a clearing- ness days. After careful study of this issue it be- house within the Justice Department Congress addressed this issue again came clear to me that the concerns of for national criminal history back- in 1998 through enactment of the Vol- groups such as the National mentoring ground checks. Checks would have been unteers for Children Act, Sections 221 Partnership and the Boys and Girls affordable and results would have been and 222 of P.L. 105–251, ‘‘VCA’’. The Clubs are not merely anecdotal. In 1998, quickly returned to the qualified enti- VCA amended the NCPA to permit the FBI’s Criminal Justice Information ties. The Judiciary Committee took up child care, elder care, and volunteer or- Services, ‘‘CJIS’’, Division performed and passed the bill, along with a Biden/ ganizations to request background an analysis of fingerprints submitted Thurmond/DeWine amendment in the checks through State agencies in the for civil applicant purposes. CJIS found nature of a substitute. absence of state laws implementing the that the average transmission time On June 18, 2002, the Justice Depart- NCPA. from the point of fingerprint to the ment sent me a letter outlining their Thus, the NCPA, as amended by the State bureau was 51.0 days, and from views on the legislation as reported by VCA, authorizes national fingerprint- the State bureau to the FBI was an- the Committee. In its letter, the De- based criminal history background other 66.6 days, for a total of 117.6 days partment noted that the bill’s goal of checks of volunteers and employees, from fingerprinting to receipt by the providing effective, efficient national including applicants for employment, FBI. The worst performing jurisdiction criminal history background checks of qualified entities who provide care took 544.8 days from fingerprinting to will ‘‘help to protect children and other for children, the elderly, or individuals receipt by the FBI. In a survey con- vulnerable segments of the nation’s with disabilities, and those who have ducted by the National mentoring population, [and will] promote vol- unsupervised access to such popu- Partnership, mentoring organizations unteerism in the United States, which lations, regardless of employment or on average waited 6 weeks for the re- is one of the President’s priorities.’’ volunteer status, for the purpose of de- sults of a national criminal back- The Department went on to raise sev- termining whether they have been con- ground check to be returned. eral concerns with the legislation.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10879 First, they noted that the funds au- could unintentionally undercut the Also, we have authorized in this thorized by the bill to perform the work done in many States to process measure grants to the States so they checks and operate a new clearing- background check requests. Senator can purchase so-called Live-Scan fin- house within the Department may be DEWINE rightfully pointed out to me gerprint technology. These devices per- prohibitive. The Biden-Thurmond sub- that in some States, the system that mit prints to be electronically trans- stitute the Senate considers today ad- the Congress put in place after enact- mitted, obviating the need for finger- dresses those concerns. In a change ment of the National Child Protection print cards. Wide dissemination of this from the measure reported by the com- Act in 1993 and the Volunteers for Chil- technology would facilitate nationwide mittee, the substitute authorizes the dren Act in 1998 is working. In those background checks, and I am hopeful Attorney General to charge a modest cases, we should not uproot a system this grant program will be adequately fee $5 for volunteer checks. In addition, that is effective. The substitute we funded so that this equipment can be the substitute dramatically scales back consider today acknowledges this con- installed throughout the country. the duties of the clearinghouse, now la- cern. Upon enactment, the clock will I would like to thank Robbie beled the ‘‘Office for Volunteer and toll on a one-year period during which Callaway and Steve Salem of the Boys Provider Screening.’’ Where the bill as the Attorney General will review the and Girls Clubs of America, Margo reported charged the clearinghouse extent to which States have partici- Pedroso of the National Mentoring with developing model fitness stand- pated in the NCPA/VCA system. At the Partnership, and Abby Shannon of the ards and applying standards against conclusion of that one year period, the National Center for Missing and Ex- each applicant utilizing the resources Attorney General is charged with des- ploited Children for their tireless advo- of the clearinghouse, the version we ignating states as having ‘‘qualified cacy on behalf of S. 1868. Captain David consider today eliminates this fitness state programs’’. The substitute lays Deputy of the Delaware State Police determination requirement. While I out several objective criteria designed and Director of Delaware’s State Bu- still feel it would be preferable for the to guide the Attorney General’s deci- reau of Identification offered invalu- Department to assist qualified entities sion. States that are quickly, cheaply, able comments throughout the drafting and reliably processing background in making these fitness determina- of this measure, and I thank him for checks will be recognized as having a tions, the substitute provides that his assistance. Thanks also to Bob ‘‘qualified State program’’ by the At- model standards will be developed and Belair, General Counsel of SEARCH, torney General and will continue to envisions qualified entities then using for his helpful suggestions. I would like process background check requests as these standards to make their own fit- under current law. But if the Attorney to pay a special tribute to Senator ness determinations. S. 1868 as reported General determines that a State does THURMOND, as well as to his Judiciary by committee authorized $180 million not have a qualified State program, Committee counsel Scott Frick, for over five years to cover the costs of based upon the criteria delineated in their dedication to this bill. I appre- volunteer checks and to establish the the version of S. 1868 we consider ciate the assistance of Chairman clearinghouse. The vision we consider today, qualified entities in those juris- LEAHY and Senator HATCH for agreeing today has scaled this authorization dictions are permitted to apply di- to report S. 1868 out of Committee last back to $100 million. rectly to the Justice Department for spring. I am also appreciative of the ef- Second, the Department expressed background checks. This legislation forts made by Senator DEWINE and his concerns with language in S. 1868, thus creates a separate track for quali- staff to move this legislation along. Fi- added in Committee at the behest of fied entities seeking national criminal nally, I thank Congressman MARK Senator DEWINE and drawn directly history background checks. This track FOLEY, the author of the Volunteers for from his S. 1830, which made amend- will only be available, however, to Children Act, as well as Elizabeth ments to the National Criminal His- qualified entities doing business in Nicolson and Bradley Schreiber of his tory Access an Child Protection Act. States without a qualified State pro- staff, for agreeing to introduce this leg- There is a difference of opinion be- gram, as determined by the Attorney islation as H.R. 5556 in the other body. tween the Justice Department and General. I remain hopeful that S. 1868 can be SEARCH, a group created by the A concern has been raised during taken up by the other body and sent to States to improve the criminal justice drafting of this measure that the sub- the President for signature this year. system and the quality of justice, as to stitute does not give the Attorney Gen- f the impact of this language. Resolution eral the discretion to label a State’s has not been reached on the matter, LOCAL LAW ENFORCEMENT ACT program as qualified for one category OF 2001 and because I do not believe the issue of qualified entities, but not qualified raised by language drawn from S. 1830 for another. The intention of the au- Mr. SMITH of Oregon. Madam Presi- to be directly related to the issue at thors of S. 1868 is to give the Attorney dent, I rise today to speak about hate hand of providing quick and effective General that discretion. The language crimes legislation I introduced with background check results to qualified of the substitute considered by the Senator KENNEDY in March of last entities, the substitute the Senate con- Senate today does not require the At- year. The Local Law Enforcement Act siders today deletes the language ob- torney General to make a blanket de- of 2001 would add new categories to jected to by the Justice Department. termination for a State’s entire uni- current hate crimes legislation sending Third, the Department expressed adverse of qualified entities. The sub- a signal that violence of any kind is ministrative and constitutional constitute should be interpreted by the At- unacceptable in our society. cerns with the makeup and operations torney General to permit States to be I would like to describe a terrible of the clearinghouse described in the qualified for some categories of quali- crime that occurred October 11, 2001 in bill reported out of Committee. I have fied entities but not all categories if College Park, MD. Around 1 p.m. on reviewed the Department’s concerns necessary. National Coming Out Day, a 22 year- and find them to be valid. The lan- Other provisions of the version of S. old woman wearing gay-supportive pins guage objected to by the Department is 1868 we consider today deserve men- was hanging her bicycle on her car not a part of the substitute amendment tion. SEARCH and others have sug- rack when a man approached her from considered today. gested to me that one of the main im- behind and struck her on the back of Since introduction of S. 1868, through pediments States face in fully imple- the head, pushing her head into the the Committee markup process, and menting the NCPA/VCA is that current rack and knocking her to the ground. stemming from extensive discussions law does not authorize the Attorney The assailant kicked her several times regarding this measure over the past General and States to deliver criminal and hurled anti-gay epithets, according several months, I have agreed to mod- history records information directly to to police. The victim was treated at ify the impact of the bill in several qualified entities. S. 1868 changes this the university health center for inju- critical ways. Raised first in Com- and makes clear that the Attorney ries sustained during the attack. mittee by Senator DEWINE, and then General and States may provide this I believe that Government’s first later by SEARCH and other groups, ar- information to qualified entities duty is to defend its citizens, to defend guments were made to me that S. 1868 should they desire to do so. them against the harms that come out

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10880 CONGRESSIONAL RECORD — SENATE November 13, 2002 of hate. The Local Law Enforcement would have provided all disabled vet- only spend the $142 million it requested Enhancement Act of 2001 is now a sym- erans the full amount of their dis- for VA health care. bol that can become substance. I be- ability benefits and their retirement This is not the way to keep faith lieve that by passing this legislation pay. There is strong bipartisan support with our veterans. They are aging and and changing current law, we can for full concurrent receipt in both in need of medicine and health care, change hearts and minds as well. Chambers of Congress, yet because of they are sitting in our waiting rooms, f the considerable pressure from this ad- and struggling to pay hefty bills and ministration we have been forced to ac- still afford rent and food. Many are VETERANS DAY cept a compromise that will leave hun- homeless—in fact, nearly one quarter Mr. KERRY. Madam President, on dreds of thousands of our veterans be- of all homeless Americans are vet- Monday I was privileged to stand with hind. erans. By any measure, we are not thousands upon thousands of veterans I cannot believe that this administra- doing enough for those who have done and their families who traveled to tion is willing to tell a veteran who, so much for us. Washington to visit the Vietnam Wall through service to his country, has suf- That is why I am asking the Congress for its 20th anniversary, to reconnect fered an injury leaving him 50 percent to provide full funding for veterans with those with whom we had served, disabled, that he is not entitled to both medical care in the fiscal year 2003 VA/ and above all to honor our fallen broth- disability compensation and retire- HUD Appropriations bill. The com- ers and sisters. ment pay earned for 20 years of service. mittee reported bills in the Senate and These veterans, some of whom trav- Military retirees are the only category House both provide $25.3 billion for the eled for days and all at their own ex- of federal employees who are required VA health system, an increase of $3.3 pense, proved something I think every to relinquish a portion of their retire- billion over the fiscal year 2002 level, American knows deep down in their ment pay when they receive VA dis- and $1.8 billion more than the adminis- heart—something that cuts to the ability benefits. Not only does this tration’s request for 2003. quick of what we as Americans stand practice unjustly penalize our disabled Because we are not doing enough for for—that part of being an American career soldiers—it weakens our mili- our veterans, I am asking the Senate means keeping faith with our citizens tary by effectively encouraging injured to reject the President’s proposed $1,500 and those heroes who gave so much to servicemembers to leave the military health care deductible for Priority 7 our country. That responsibility ex- early in their careers. We have been veterans included in his fiscal year 2003 tends to those of us who have the honor working for years to right this wrong. VA/HUD budget. So far the House and to serve here in the Chambers of Con- This change in law is a beginning, but the Senate have rejected the Presi- gress. much remains to be done. dent’s request to include this deduct- Today, my friends, after another Vet- The issue of compensation for our ible in the VA/HUD Appropriations bill. erans Day where words of praise for disabled veterans is only one aspect of I am also asking this body to join me America’s veterans were spoken, at a a much larger problem—we are failing in urging the administration to rescind time when it is an increasingly real to meet our promises to the people who the VA memo dated July 18, 2002 that possibility that more Americans will have so courageously served our coun- ordered the directors of every veterans be sent into harm’s way for their Na- try. Nothing punctuates this fact more health care network in the country to tion, we must keep faith—in deeds and than the ongoing financial crisis facing cease outreach activities such as not just words—with the veterans of the veterans health care system. health fairs, open houses, newsletters, our country. We must do the duty we We must address simple mathe- and public service announcements. were sent here to do, as they did their matics. From 1996 to the present, the And I ask the Senate to call on the duty wearing the uniform of our coun- number of veterans seeking health care VA to rescind its new regulations try. from the VA has grown from 2.9 million which require the rationing of health Because of a 111 year-old law, when to 4.5 million, while the VA’s health care. These regulations—which give our soldiers have returned from combat care staff has decreased from 195,000 to priority for health care to veterans wounded, debilitated by illness, miss- 183,000—forcing many veterans to wait with service-connected conditions, ing limbs, confined to wheelchairs— 6 months or longer for care. But this without taking into account the med- disabled for life these veterans have administration’s continued refusal to ical needs of patients—could add to the been told that their retired pay would fully fund our VA has done nothing to VA’s red tape, making the already long be reduced dollar-for-dollar for any VA help them hire new staff, let alone offer waiting times at many VA facilities disability benefits they received. Yes- better care to our Nation’s veterans. even longer. terday the House and Senate reached a The overall thrust of their approach I believe it is also important the Sen- compromise on the issue of concurrent to this funding crisis has been to push ate join in supporting Senator JOHN- receipt in the National Defense Au- reforms aimed at reducing enrollment SON’s Veterans Health Care Funding thorization Act. The authorization act in the veterans health system rather Guarantee Act, which would assure has been held up for weeks because the than providing the funds necessary to adequate funding of these important administration has threatened a veto if ensure that every veteran gets the best priorities. concurrent receipt language was in- health care we have to offer. Even VA Regrettably, this administration has cluded in this bill. The compromise Secretary Principi identified a $400 launched an assault on Priority 7 vet- that was reached yesterday begins to million shortfall in the fiscal year 2002 erans, those who lack a service-con- correct the injustice created by this ar- budget of the VA health care system. nected disability and whose income is chaic law but it does not go nearly far But the administration requested only higher than the current VA eligibility enough. $142 million to compensate for this standard—$24,500 for a single person. The compromise language applies shortfall, and plans to make up much Priority 7 veterans have grown from 2 only to veterans injured during com- of the remainder of the shortfall by im- percent of VA patients in 1995 to about bat, combat-oriented training, or cer- posing ‘‘efficiencies’’ on a system 33 percent currently—a total of 1.6 mil- tain other hazardous activities, with a that’s already reached a crashing lion veterans. Although this increase disability rating of 60 percent or great- point. coincides with the 1996 law that er, and those with a rating of at least In July Congress passed $417 million changed the VA’s eligibility system, 10 percent if they received a Purple for veterans health care as part of the veterans have turned to the VA mainly Heart. This compromise leaves a bitter fiscal year 2002 emergency supple- because they have nowhere else to go taste in the mouths of anyone who be- mental—to reduce waiting times for for affordable prescription drugs. These lieves we have a faith to keep with our health care, keep clinics open, and es- are the same people who would benefit veterans. On October 10, the House tablish new Community Based Out-pa- most from a Medicare prescription passed overwhelmingly a motion to in- tient Clinics. But in August the Presi- drug benefit—their incomes are too struct their conferees to accept the far dent blocked $275 million of the high for Medicaid, but too low to han- more comprehensive Senate-passed amount provided by Congress, an- dle the health system’s growing reli- concurrent receipt language—which nouncing the administration would ance on expensive prescription drugs.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10881 Where are our priorities when we are Homeland Security has resulted in a in a civics course offered to help em- content with not passing a prescription vigorous and healthy debate and a ployees better understand government. benefit plan for our seniors—including strong interest in making our home- Clarence was enthralled by the subject these honorable men and women—and land safer and improving our intel- and soon began teaching the course. then say that we will not fight for ade- ligence gathering capabilities. He was able to put into practice all quate funding for our VA hospitals? I Fundamentally, the homeland de- he learned when he was appointed to find these misplaced priorities dis- fense debate is about change. Specifi- fill a vacancy on the Lancaster City turbing and I think it high time we fi- cally, it is about protection of Amer- Council. Subsequently, he was elected nally did something about it. ican citizens. to a full term and then was elected We should remember the words of I am proud of this country and how mayor. Following his term as mayor, George Washington: ‘‘The willingness we have reacted. Everything has not Clarence served the people of 10th Dis- with which our young people are likely been perfect, but great progress has trict of Ohio in the U.S. House of Rep- to serve in any war, no matter how jus- been made. Noted columnist Mr. resentatives for 27 years, from 1966– tified, shall be directly proportional to Charles Krauthammer recently wrote, 1993. Representative Miller served for 6 how they perceive the veterans of ear- ‘‘National character does not change in years on the House Agriculture Com- lier wars were treated and appreciated a day. September 11 did not alter the mittee and the Public Works and by their nation.’’ Today, after one of American character, it merely revealed Transportation Committee, and then the most meaningful days in our year, it.’’ I could not agree more. he was selected to serve on the Appro- it is time for us to show our commit- The American character displayed priations Committee, where he served ment to our veterans and, by doing so, ‘‘courage, resolve, resourcefulness and for 20 years, and fought hard to reduce show our soldiers that their service above all resilience’’ Krauthammer Federal spending during times of sky- means something to this country and wrote and I agree. We are a great power rocketing deficits. to this government—that we won’t just and indeed a super power. Mr. Miller’s achievements did not go send them into harms way and forget We are a nation that believes in free- unrecognized by his fellow Ohioans. His about them when they come home. We dom and progress and are forgiving and many awards include honorary doc- will remember their service and always slow to anger, but when aroused we torate degrees from Marietta College keep faith. have proven once again we can be a ter- and Rio Grande College, and the Phil- f rible force. lips Medal of Public Service from Ohio Our President is leading us with University. AMERICA’S POWER strength and resolve. Homeland defense I thank my colleagues for their con- Mr. SESSIONS. Madam President, I is but a part—an important part—of sideration of this matter important to join my colleagues today to commemo- that resolve. Foreign policy initiatives, the people of Ohio. rate September 11, 2002, and the Special social policy changes and prosecution f Joint Session of Congress held in New of the War on Terror are other aspects York City. Americans are a generous as well. Of the latter, winning is no ADDITIONAL STATEMENTS people, with both our time and our simple matter. Patience, superior plan- money. We are a people committed to ning, and the support of the military CHANDLER RAYMOND KELLER: IN our religious beliefs. We are a people are all required to complete the tasks MEMORIAM who place great value on education and which lie ahead. the individual. We seek opportunity at The nation has met the challenge ∑ Mrs. BOXER. Mr. President, I take every turn for our children, and we this year. Now we must work hard as this opportunity to share with my col- strive to take care of those who are el- the memories of the horror of Sep- leagues the memory of one of my con- derly, infirm, and less fortunate. tember 11 fade, to finish the job of stituents, Chandler Keller, of Manhat- We are also a people who take great making our homeland safe and ensur- tan Beach, California, who lost his life pride in the protections we collectively ing that our magnificent military con- on September 11, 2001. He was a pas- offer one another through a common tinues to expand its capabilities and senger on American Airlines Flight 77. defense. We wear most humbly the world leadership. We must not sleep. As we all know, that plane crashed into mantle of ‘‘Super Power.’’ f the Pentagon, killing everyone on Last September 11, our collective board. Mr. Keller was a 29 year-old lead vulnerability in securing the borders of CLARENCE MILLER POST OFFICE propulsion engineer and project man- our nation was made known to all. In Mr. VOINOVICH. Madam President, I ager with Boeing Satellite Systems in those initial chaotic hours, we watched speak today on behalf of a bill consid- El Segundo, California. the opening battle of what is now ered by the Senate, H.R. 4755, to des- Chandler Keller was known to his called the ‘‘War on Terror.’’ ignate a post office in Lancaster, OH, family and friends as ‘‘Chad’’. He was Like many states, Alabama lost sons as the ‘‘Clarence Miller Post Office born in Manhattan Beach, California. and daughters that day. Indeed, five Building.’’ I strongly support this bill Chad mostly grew up there, with the Alabamians died in the Pentagon. honoring a long-time Member of the exception of some time spent in Hong Families were broken and great sym- Ohio Congressional delegation. Kong, New York and Sydney, Australia bols of our might and entrepreneurial Clarence Miller is a native and life- due to his father’s work assignments achievement made waste. We felt, and I long resident of Lancaster, OH. The with Security Pacific Corporation. believe we still feel, a collective pain in third of six children, Clarence grew up As a child, Chad enjoyed a great love our hearts that will never heal. But the during the difficult times of the Great of rocketry and an avid interest in world has witnessed the development of Depression. He learned the value of space. As a young boy he had an innate a new resolve among Americans. A re- hard work at an early age and began ability to understand machines and solve too quiet for too long. his professional life by delivering news- how to make them work. In 1993, Chad In the past year, we have taken a papers for the Lancaster Eagle Gazette. graduated from the University of Colo- long and hard look at our defense pos- After graduating from high school, he rado’s aerospace engineering program ture. We have found great problems started his career at Ohio Fuel and Gas and pursued his career at Hughes/Boe- that must be fixed. We have found digging ditches. Through determina- ing, working in their satellite launch- strength. We have committed our uni- tion and hard work he eventually ing program. form services to battle, and we must earned a position of electrical engi- Chad and his wife, Lisa Hurley Kel- give our President tools and the au- neer. While employed full time at Ohio ler, were married on July 22, 2000 at the thority to get the job done. Fuel, he joined his family in opening a Old Mission in Santa Barbara. During Nearly a year has elapsed. Our emo- small electric wiring business in Lan- their brief time together Chad and Lisa tions still run high. caster and worked there during his enjoyed travel, outdoor activities, and America is demanding much from ‘‘off’’ hours. most of all, being with one another. itself and its governmental leaders. At Ohio Fuel, Clarence was intro- Chad Keller enjoyed surfing, skiing The creation of the Department of duced to politics when he participated and snowboarding. He loved to cook

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10882 CONGRESSIONAL RECORD — SENATE November 13, 2002 and possessed a wonderful sense of ‘‘He worked very hard and was not never to leave a teammate straggling, humor. ‘‘He had the ability to bond afraid of any kind of job, wanting only rather work with them, help them, en- with people, and he touched many lives to go beyond himself in what he did.’’ courage them to maximize their poten- during his short life. He lived his life to Xavier Ramirez is survived by his tial.’’ its fullest,’’ says his father, Dick Kel- mother, Blanca and his brother, He applied this attitude in all areas ler. Klinger David Suarez Ramirez. of his life, including his community In celebration of his life, the Keller Mr. President, none of us is un- contributions. Captain Yamnicky family established the Chandler Keller touched by the terror of September served on the Board of Directors at his Memorial Scholarship at the Univer- 11th, and many Californians were part daughter Lorraine’s high school, St. sity of Colorado. It is to be awarded to of each tragic moment of that tragic Mary’s Academy, was a member of the well-rounded aerospace engineering day. Some were trapped in the World Knights of Columbus, and the Elks students. Chad was posthumously Trade Center towers. Some were at Lodge. He was proud of his volunteer awarded the Defense of Freedom medal work in the Pentagon. And the fates of contributions to the De La Brooke for his work with the Department of some were sealed as they boarded Foxhounds Hunt Club, where he and Defense in conjunction with Boeing planes bound for San Francisco or Los Jann were members for 25 years. Satellite Systems. Angeles. His best times were spent away from Chad Keller is survived by his wife, I offer today this tribute to one of the office, riding on a tractor through Lisa Hurley Keller; parents Kathy and the 54 Californians who perished on the fields of his Waldorf horse farm. Dick Keller; brothers Brandon and that awful morning. I want to assure ‘‘He loved being out there. His nature Gavin; mother-in-law and father-in-law the family of Dino Ramirez, and the was not to stand around. He was al- Shirley Ann and Jim Hurley; and families of all the victims, that their ways out in the fields, always working brother-in-law James Hurley. fathers and mothers, sons and daugh- on something,’’ remembers his son, Mr. President, none of us is un- ters, aunts, uncles, brothers and sisters John. touched by the terror of September will not be forgotten.∑ Captain Yamnicky is survived by his 11th, and many Californians were part f wife Jann and their four children, of each tragic moment of that tragic John, Jr., Lorraine, Mark and Jennifer. day. Some were trapped in the World JOHN D. YAMNICKY, SR.: IN Mr. President, none of us is un- Trade Center towers. Some were at MEMORIAM touched by the terror of September work in the Pentagon. And the fates of ∑ Mrs. BOXER. Mr. President, I take 11th, and many Californians were part some were sealed as they boarded this opportunity to share with the Sen- of each tragic moment of that tragic planes bound for San Francisco or Los ate the memory of Captain John D. day. Some were trapped in the World Angeles. Yamnicky, Sr., of Waldorf, Maryland, Trade Center towers. Some were at I offer this tribute to one of the 54 who lost his life on September 11, 2001. work in the Pentagon. And the fates of Californians who perished on that He was a passenger on American Air- some were sealed as they boarded awful morning. I want to assure the lines Flight 77. As we all know, that planes bound for San Francisco or Los family of Chad Keller, and the families flight was hijacked by terrorists and Angeles. of all the victims, that their fathers crashed into the Pentagon, killing ev- I offer today this tribute to one and mothers, sons and daughters, eryone on board. Captain Yamnicky American who perished on that awful aunts, uncles, brothers and sisters will was a 71-year-old retired naval aviator morning. I want to assure the family of not be forgotten.∑ who, since his retirement from the Captain John D. Yamnicky, Sr., and f United States Navy in 1979, continued the families of all the victims, that to work as a defense contractor for their fathers and mothers, sons and DINO XAVIER SUAREZ RAMIREZ: Veridian Engineering. daughters, aunts, uncles, brothers and IN MEMORIAM Captain Yamnicky was a gentleman sisters will not be forgotten.∑ ∑ Mrs. BOXER. Mr. President, I take and a scholar. He graduated from the f this opportunity to share with my col- Naval Academy in 1952, and devoted a leagues the memory of one of my con- 26-year career in service to this coun- DOROTHY A. DEARAUJO: IN stituents, Dino Xavier Suarez Ramirez, try. He served a combat tour in Korea MEMORIAM who lost his life on September 11, 2001. and served two tours in Southeast Asia ∑ Mrs. BOXER. Mr. President, I take Mr. Ramirez was a 41-year-old civil en- flying from aircraft carriers. He earned this opportunity to share with my col- gineer returning to Los Angeles from several military honors, including the leagues the memory of one of my con- vacation when the flight he was on, Distinguished Flying Cross. stituents, Dorothy A. deAraujo, of American Airlines Flight 11, was hi- After graduating from the Naval Test Long Beach, California, who lost her jacked by terrorists. As we all know, Pilot School at Patuxent River, Mary- life on September 11, 2001. Mrs. that plane crashed into the World land, in 1961, one of his first assign- deAraujo was an 80-year-old retiree Trade Center, killing everyone on ments was to determine the minimum when the flight she was on, United Air- board. acceptable airspeed for the A–4 aircraft lines Flight 175, was hijacked by ter- Xavier Ramirez was born in after a catapult launch from an air- rorists. As we all know, that flight Guayaquil, Ecuador and completed his craft carrier. He was inducted into the crashed into the World Trade Center primary and secondary education Society of Experimental Test Pilots in killing everyone on board. there, receiving certification in mathe- recognition of his contributions. In Mrs. deAraujo was returning to her matics, physics, chemistry and biology. 1963, after that honor, Captain home in Long Beach after enjoying a Mr. Ramirez achieved his goal of be- Yamnicky reported to VA–146 at NAS lengthy visit with her son, Joaquim coming a civil engineer by working in Lemoore, California. (‘‘Tim’’), his wife Rita and their two during the day and completing his uni- Captain Yamnicky met his wife, sons, Jonathan and Jason in Bedford, versity studies at night. He majored in Jann, while she was working as a nurse Massachusetts. civil engineering at the University at Jacksonville Naval Hospital. They Dorothy worked as an Executive Ad- Laica Vicenete Rocafuerte de married in 1959 and had four children. ministrative Assistant in the business Guayaquil. ‘‘He was very intelligent, Their son John David, of California, office of California State University, and his hobby was reading. He knew said of his father, ‘‘This guy was the Long Beach for 20 years. She retired in very much about the history of nations head of the family, he made everyone 1979 and returned to the University as because of his reading,’’ recalls his feel safe. If he ever talked about ac- a student, earning her Bachelor’s De- mother, Blanca Vilma Ramirez. complishing something, it was as a gree in Fine Art. During her retire- Upon coming to this country, Mr. Ra- group or a team. He was a modest ment, Mrs. deAraujo traveled exten- mirez worked to have his degree recog- man.’’ sively and pursued her passion for wa- nized here. In his native country of Ec- Friend and colleague, Dennis Plautz, tercolor painting. She was a talented uador he worked in the construction of commented that, ‘‘John Yamnicky em- artist, and her paintings won several roads. His mother further recalls that, phasized teamwork. His style was prizes in various competitions.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10883 During the 1970’s Dorothy success- the cockpit voice recorder, and his re- legislation to enable hiring temporary fully overcame breast cancer. She was mains were found in the wreckage of workers in State government. His ap- active in her community and devoted the cockpit. proach for quickly and efficiently en- her spare time to the American Cancer His son John perhaps describes Alan gaging short-term workers continues Society. She was especially involved in Beaven best when he writes, ‘‘His love today as a foundation for many State operating the American Cancer Soci- for simplicity and genuine appreciation agencies whose missions include part- ety’s Discovery Shop in Belmont for the happiness he held within was time and seasonal tasks. He then spent Shore. not lost on others; friends would al- two years at the Department of High- Mr. President, none of us is un- ways leave his company with uplifted ways before being selected in 1989 to be touched by the terror of September spirits.’’ the Human Resource Bureau Chief at 11th, and many Californians were part Mr. President, none of us is un- FWP. of each tragic moment of that tragic touched by the terror of September Bringing diverse experience and day. Some were trapped in the World 11th, and many Californians were part unbounded enthusiasm to his assign- Trade Center towers. Some were at of each tragic moment of that tragic ment Doug embarked on innovative work in the Pentagon. And the fates of day. Some were trapped in the World ventures in pay plans, safety, training, some were sealed as they boarded Trade Center towers. Some were at labor relations, recruitment, and reten- planes bound for San Francisco or Los work in the Pentagon. And the fates of tion. Among his first achievements was Angeles. some were sealed as they boarded crafting a comprehensive Policy Man- I offer today this tribute to one of planes bound for San Francisco or Los ual that is now widely used by FWP the 54 Californians who perished on Angeles. managers and is an essential compo- that awful morning. I want to assure I offer today this tribute to one of nent of new employee orientation. the family of Dorothy deAraujo, and the 54 Californians who perished on Turning his attention toward safe op- the families of all the victims, that that awful morning. I want to assure erating practices, he created an FWP their fathers and mothers, sons and the family of Alan Beaven, and the statewide safety program that incor- daughters, aunts, uncles, brothers and families of all the victims, that their porated management oversight, docu- sisters will not be forgotten.∑ fathers and mothers, sons and daugh- mentation of mishap statistics and f ters, aunts, uncles, brothers and sisters costs, and funding generated by savings will not be forgotten.∑ from lowered accident rates. Dem- ALAN BEAVEN: IN MEMORIAM f onstrating leadership ability and dedi- ∑ Mrs. BOXER. Mr. President, I take cation, Doug volunteered to chair the this opportunity to share with my col- TRIBUTE TO DOUG DENLER new safety committee. A measure of leagues the memory of one of my con- ∑ Mr. BURNS. Madam President, I rise his success is reflected in the fact that stituents, Alan Beaven, who lost his today to ask my colleagues to join me during the past three years FWP has life on September 11, 2001. Mr. Beaven in paying tribute to a dedicated mem- twice received Governor’s Award rec- was a 48-year-old environmental lawyer ber of the Montana Department of ognition for surpassing accident pre- when the flight he was on, United Air- Fish, Wildlife and Parks, FWP, as he vention goals. lines Flight 93, was hijacked by terror- concludes over 30 years of service to his In 1999 Doug took the lead to initiate ists. As we all know, that plane State and Nation. We are proud that an Alternative Pay Plan for the De- crashed in a Pennsylvania field, killing much of this Montanan’s working life partment’s employees. This effort re- everyone on board. has been dedicated to serving the citi- quired his team to analyze market Mr. Beaven was born in New Zealand zens of and visitors to our great State. data, establish performance standards, and was educated at the University of Mr. Doug Denler deserves this honor. initiate agency wide competencies, and Auckland, New Zealand where he was a We owe our gratitude for his contribu- obtain funding. Among the first of such recipient of the Butterworth Prize. He tions to the conservation of Montana’s plans approved by the Legislature and taught law and practiced in the areas wildlife and natural resources, as well implemented the next year, the pay of securities, class actions and environ- as preserving the outdoor heritage in plan in use at FWP today typifies mental law in New Zealand, England, the Rocky Mountain west. Doug’s tireless efforts to find common New York and California. Doug Denler’s personal and profes- ground and craft sensible solutions for Considered one of our nation’s lead- sional career accomplishments truly both management and rank and file ing environmental lawyers, over the reflect the values of rural life under employees. past nine years Mr. Beaven prosecuted the big sky. His loyal service with our Over the past year Doug stepped up nearly 100 clean water cases. His law military forces, followed by public yet again when asked to take on addi- firm partner, Joe Tabbacco, observes, service in several Montana State agen- tional duties following the unexpected ‘‘This is an absolutely remarkable cies are a testament to all who find retirement of an executive manager. record. Alan’s efforts had almost sin- value in outdoor experiences. I would For eight months Doug served as the gle-handedly cleaned up the waters in like to take a moment to reflect upon acting Chief of Administration and Fi- Northern California through his ag- Doug’s career as he embarks on a new nance. Along with performing his nor- gressive prosecutions.’’ phase of life beyond government serv- mal duties he provided oversight for a California lost an environmental ice. troubled $8 million computer develop- champion, and Mr. Beaven’s family lost Doug was born and raised in Boise, ID ment project, assisted with the prep- a loving and devoted husband and fa- and attended college at Montana State arations for a special session of the ther. His proudest achievement was his University in Bozeman. Following Legislature, and finalized a $62 million family. His wife, Kimi Beaven, recalls, graduation he was commissioned as a biennium budget. ‘‘He would do anything for his children Second Lieutenant in the U.S. Army Doug Denler is highly regarded and spent hour after hour reading to and shortly thereafter received orders among his peers and the public for his Sonali, playing ball with John and to join a unit deployed to South Viet devotion to resource conservation and scuba diving with Chris.’’ Nam. During that assignment Doug his unmatched appreciation for Mon- Mr. Beaven was flying back to Cali- was highly decorated for service in tana’s hunting and fishing lifestyle. fornia to prosecute one more water pol- combat, receiving the Air Medal and Embracing the FWP mission both in lution case before taking a sabbatical Bronze Star. Subsequently he contin- and outside the office makes Doug a in India where he was to volunteer his ued uniformed service, and having consummate professional, and his re- services as an environmental lawyer. completed 10 years on active duty he tirement will leave a gap in knowledge Alan Beaven was one of many heroes then elected to resign his commission and ability that FWP will find difficult on Flight 93 who, aware of the terrorist and move his family to Montana. to replace. attacks on the World Trade Center and Doug’s first job in State government It is a great honor for me to present the Pentagon, chose to fight back was as human resource manager with these credentials of Doug Denler before against the hijacking terrorists. His the Department of Administration the Senate today. It is clear through voice was recognized by his family on where he was instrumental in crafting his many accomplishments that Doug

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10884 CONGRESSIONAL RECORD — SENATE November 13, 2002 has dedicated himself to public service, off his face. As a soldier in World War The letter follows: in and out of uniform, and to further II, not only did Bill Cappel earn the Le- AN END OF AN ERA FOR DR. GUTTENBERG the many benefits we enjoy as Ameri- gion of Merit and the Bronze Star for It is with a sense of pride and a few tears cans. His actions consistently reflect a his courageous military service, he also that I write to mark the end of an era and true leader who has served with cour- organized baseball and softball games the retirement of Dr. Irving Guttenberg, my age and commitment. for the soldiers while on tours of duty father. With my mother’s help, he opened his As Doug departs from public service I in Africa and Europe as a way for the medical office, now known as Ear, Nose and Throat Specialists, P.C. in 1967 at 219 West ask my colleagues to join with me in men to escape the darkness that sur- Main Street in Meriden. He officially retired delivering an appreciative tribute from rounds war. It is this type of service September 30. a grateful State and Nation, along with that has led many to think of Bill I imagine he has treated at least half the our best wishes for a rewarding retire- Cappel as a saint. people in town, not to mention Wallingford ment.∑ In 1933, Mr. Cappel organized a wom- and Cheshire. I cannot even guess how many tonsils he has removed or strep throats and f en’s softball league in Covington as way to get more women involved in the sinus infections he has treated. But, I know TRIBUTE TO REX ROBLEY that he has performed well over 50,000 pres- sporting world. Nearly 30 years later, sure-equalizing tubes procedures (because he ∑ Mr. BUNNING. Madam President, I he founded the Covington Major Girls told me so). I also know that he is greatly rise today among my fellow colleagues League at Meinken Field. Three of the admired, if not beloved, by his patients. My to honor and pay tribute to Kentucky’s teams from the Covington Major Girls knowledge comes from the school vacations last surviving World War I veteran. Of League won national championships. I spent working in his offices when I would the 84,000 Kentuckians who were sent Bill learned that when you treat people schedule patient appointments, often triple- like champions, they play and act like booking his days because so many patients to fight in World War I, Rex Robley, 91 wanted to see ‘‘Dr. G’’. As a young girl and years young from Louisville, KY, is be- champions. now as an adult in my late thirties, I have lieved to be the only one still alive. Throughout his life, Bill Cappel has seen Dad’s patients’ come up to him at the This man has sacrificed and accom- given much to his country and the peo- movies, at restaurants, at the grocery store, plished so much in just one lifetime. He ple of Northern Kentucky. He has al- everywhere to thank him for all his good truly exemplifies the American spirit. ways found a way to give back to the work and kindness. People still come up to Monday, we as a Nation came to- local community. In his mind, his ac- me and tell me how great and dedicated and tions do not merit any sort of special smart my father is. I know and I agree. gether to celebrate Veterans Day. On My father has always taken his respon- this very important day, every Amer- attention. He is simply trying to do for sibilities for his patients seriously. Even ican has the opportunity and the obli- others what they have done for him. after he purchased his first pager and cell gation to thank and honor those who Whether it has been as a soldier, um- phone, it seemed like he would not leave the so valiantly fought for our freedoms, pire, coach, player or friend, Bill house if he were ‘‘on call’’. Forget about rights and liberties in the trenches of Cappel has managed to make the world going to the movies. Do not even think about asking him to change his schedule to France, the beaches of Normandy, the around him a better place for people to live. It truly is amazing how the ac- go away for some occasion. If he was on call, jungles of Korea and Vietnam and the he was staying home, close to the phone and deserts of Iraq. These men and women tions of one man could positively affect close to the hospital. fought so that future generations so many. When I was growing up, my father left would be able to live under a blanket of I believe we all can take something early in the morning and returned home rel- freedom that reaches from coast to away from the life Bill Cappel has atively late, often eating dinner well after lived. In politics, we each took an oath the rest of the family had finished. During coast. weekends Dad had early morning and late Sadly, thousands of these veterans to serve the people and uphold the Con- stitution of the United States of Amer- afternoon ‘‘rounds’’ at Meriden’s two hos- are dying off in large numbers every ica. While Mr. Cappel never swore an pitals. Sometimes he brought my brother year. During the 1990s, the number of and me with him and we would wait for an oath, he has demonstrated to thou- World War II veterans in Kentucky de- eternity in the doctor’s lounge or near the sands of people how far the human spir- creased by nearly 54,000. The Kentucky nurses’ station. (We are rumored to have it can travel.∑ Department of Veteran Affairs cal- been wheelchair racers, but there is no f proof.) Other times, when we awoke Mom culates that, on an average day, Ken- told us that Dad went to the hospital in the tucky loses 22 military veterans, of RETIREMENT OF DOCTOR IRVING middle of the night to operate on someone. whom 17 were in World War II. To en- GUTTENBERG Now, after 35 years in practice and after sure that this country continues to ∑ Mr. DODD. Madam President, I rise having served as Chief of Surgery and Chief of Ear Nose and Throat (ENT) at WWII Vet- build and prosper, we must make a today to honor a constituent of mine, promise to ourselves to never forget erans’ Memorial Hospital and Chief of ENT Dr. Irving Guttenberg, on the occasion at MidState Medical Center and as a clinical the sacrifices these individuals have of his retirement. instructor at Yale School of Medicine, my made. It is their memory that will For 35 years, Dr. Guttenberg has spe- father is retiring. I do not know what he will guide us in the right direction.∑ cialized in ear, nose, and throat medi- do next. He told me he would sleep for a f cine in Meriden, CT. Over the course of week and then baby-sit for my kids. I think there is some talk about travel too. Was that TRIBUTE TO BILL CAPPEL his career, he treated and cured virtually thousands of neighbors in Meri- Dad or was that Mom? Whatever they do, I ∑ Mr. BUNNING. Madam President, I hope they both enjoy Dad’s retirement. It is den and surrounding communities, well deserved. Best wishes from me and ev- rise today to honor Bill Cappel of Cov- gradually earning the trust and admi- ington, KY for his years of dedicated eryone who knows and appreciates you. ration of an entire region. Your daughter, and selfless service to this nation and I had the pleasure of having Dr. LISA GUTTENBERG WEISS.∑ to the Commonwealth of Kentucky. Guttenberg’s daughter, Lisa f Yesterday, Mr. Cappel celebrated his Guttenberg Weiss, on my Connecticut 90th birthday. staff for many years. Last month, I was BENEFICIARY ACCESS AND In honor of this event, city officials deeply touched by an affectionate let- MEDICARE PAYMENT EQUITY in Covington presented Mr. Cappel with ter Lisa wrote to the Meriden Record ∑ Mr. NELSON of Nebraska. Madam a key to the city, read a proclamation Journal describing her father’s dedica- President, today I urge the Senate to in his honor and even provided him tion to his patients and chosen profes- act on the Beneficiary Access and with a special police escort as they of- sion. I would like that letter printed in Medicare Payment Equity package be- ficially named the Bill Cappel Youth the CONGRESSIONAL RECORD following fore the end of the session. Nebraska’s Sports Complex after him. my remarks. health care providers are hurting fi- Bill Cappel is one of those rare indi- I know that the people of Meriden nancially. They need help from Con- viduals in life who has the innate abil- and central Connecticut will truly miss gress to stop these Medicare reimburse- ity to put a positive spin on every situ- Dr. Guttenberg. Once again, I commend ment cuts or many will not be able to ation. The only thing harder than get- Dr. Guttenberg on the occasion of his provide treatment to Medicare pating him out in a softball game is get- retirement, and I wish him success in tients. Our 40 million seniors who de- ting him to take that permanent smile all of his future endeavors. pend on the Medicare system for their

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10885 health care coverage need to know curred by rural home health care pro- I come from a family of teachers, so they have access to quality, affordable viders and give them an addition 10 I know how much a good teacher can care. The bill addresses a number of percent in payments. affect the life of a student. What that Medicare inequities including cuts to I am also pleased that the bill elimi- teacher imparts in a classroom can hospitals, home health care providers, nates the $1500 outpatient therapy cap stay with a student for the rest of his physical therapists, physicians, and for two years. This arbitrary limit dis- or her life. It’s obvious that Mrs. Perry skilled nursing facilities. criminates against Medicare bene- has had such an impact. She assesses The Nebraska Hospital Association ficiaries who desperately need out- every student individually and tailors estimates that in this bill Nebraska patient therapy to help them recu- her lessons to them. She is a leader in hospitals would receive approximately perate from surgery, a stroke, or other the school and a mentor to other $56 million in additional revenue for medical condition. teachers. And, most important of all, one year and $120 million over three As I mentioned last month, we also she inspires her students to strive for years. the hospitals in my State need need to rectify the physician payment their highest possible performance, this funding to survive financially. cut. Under current law, Medicare’s academically and otherwise. This legislation would have a tre- physician payment rates are projected It’s not really a surprise that Mrs. mendous impact on Nebraska’s teach- to fall by 12 percent over the next three Perry won this award. What is remark- ing hospitals. Teaching hospitals re- years. Nebraska physicians’ losses due able, though, is that she’s Coeur ceive indirect medical education (IME) to the 2003–2005 cuts will total about d’Alene School District’s third teacher payments because they have higher pa- $63 million or $17,230 per physician. in five years to be named as Idaho’s tient care costs than non-teaching hos- This comes on top of a 5.4 percent pay- Teacher of the Year. It’s clear that the pitals due to the extra costs incurred ment cut which cost Nebraska doctors Coeur d’Alene District is doing some- for teaching. The Balanced Budget Act, a total of $12.9 million or about $3,875 thing right. Kootenai County, which BBA, of 1997 cut these payments, and a per physician in 2002. has Coeur d’Alene as its county seat, is provision in this bill would provide for I also spoke of the need to help one of the fastest growing counties in additional relief. Nebraska has two skilled nursing facilities which are ex- Idaho, and I suspect this might have academic medical centers—the Univer- periencing severe financial difficulty. something to do with the outstanding sity of Nebraska Medical Center and If action isn’t taken, Nebraska’s facili- quality of schools in the county. I’m Creighton University Medical Center— ties will lose $28..48 per patient per day very proud of Mrs. Perry, and I’m also and both would benefit from this legis- next year for a total of $10 million. very proud of the Coeur D’Alene School lation. Other hospitals in my State Finally, I have spoken many times District. They are both setting a great would also benefit including: Alegent about providing fiscal relief to our example for the rest of Idaho, and the Bergan Mercy in Omaha, Alegent Im- States. This legislation also includes $5 rest of the Nation, to follow.∑ manuel in Omaha, Nebraska Methodist billion in fiscal relief to States by in- f in Omaha, BryanLGH Medical Center creasing the Federal Medicaid match- in Lincoln, St. Elizabeth Regional ing rate and by providing a temporary MESSAGES FROM THE HOUSE Medical Center in Lincoln, Good Sa- social services block grant. This provi- At 11:04 a.m., a message from the maritan in Kearney, and St. Francis in sion, that I helped author, would give House of Representatives, delivered by Grand Island. Governors some needed flexibility in Ms. Niland, one of its reading clerks, The legislation also increases the assessing the needs of their States. announced that the House agrees to Federal Medicaid disproportionate States would be eligible for the Med- the report of the committee of con- share hospital, DSH, allotment in ex- icaid funding increase as long as the ference on the disagreeing votes of the tremely low-DSH States, such as Ne- eligibility levels they had in place on two Houses on the amendment of the braska, from 1 percent to 3 percent of January 2, 2002 are maintained. Unfor- Senate to the bill (H.R. 4546) to author- program costs. Even though the allot- tunately, the Nebraska Legislature ize appropriations for fiscal year 2003 ment percentage would be tripled, it is made Medicaid eligibility cuts in the for military activities of the Depart- still far less than the national average. recent special session, and these cuts ment of Defense, for military construc- The DSH program provides relief to would prevent our State from receiving tion, and for defense activities of the safety net hospitals that provide crit- the full funding available. However, I Department of Energy, to prescribe ical health care access to 42 million un- crafted a provision that would allow personnel strengths for such fiscal year insured people in our country. Ne- Nebraska to receive the funding if they for the Armed Forces, and for other braska and 14 other States receive far reinstate these Medicaid cuts in the fu- purposes. less funding through the Medicaid DSH ture. At 2:33 p.m., a message from the program per Medicaid and uninsured We need to pass this legislation be- House of Representatives, delivered by resident than the rest of the Nation fore the session ends. Our Nation’s sen- Ms. Niland, one of its reading clerks, and this lack of funding threatens the iors need to know that they can depend announced that the House has passed viability of many safety net hospitals. on the Medicare system for their the following joint resolution, in which A number of other important provi- health care needs. I look forward to it requests the concurrence of the Sen- sions are included that would help Ne- working with my colleagues in address- ate: braska’s hospitals including: equalizing ing these important issues.∑ H.J. Res. 124. A joint resolution making the standardized amount for rural and f further continuing appropriations for the fis- other urban hospitals; adjusting the cal year 2003, and for other purposes. wage index rate; increasing Medicare IDAHO’S TEACHER OF THE YEAR The message also announced that the DSH payments to rural hospitals; ex- ∑ Mr. CRAIG. Madam President, I rise House has agreed to the following reso- tending the hold harmless provision for today to salute a very special teacher lution: rural hospitals for outpatient services in my State, Patti Perry, who was re- H. Res. 598. Resolution stating that the for an other year; and improving the cently named as Idaho’s Teacher of the House has heard with profound sorrow of the Critical Access Hospital program by al- Year. death of the Honorable Paul D. Wellstone, a lowing more flexibility in allocating Patti Perry teaches first grade at Senator from the State of Minnesota. swing and inpatient acute care beds. Skyway Elementary School in Coeur The message further announced that In addition to providing much-needed d’Alene. She has taught in Coeur pursuant to section 491 of the Higher relief to hospitals, the bill also elimi- d’Alene for 30 years, and there are Education Act (20 U.S.C. 1098(c)), and nates the 15 percent reduction in home many people in the community who upon recommendation for the Majority health payments. This cut would re- look back fondly on the lessons they Leader, the Speaker reappoints the fol- duce payments to home health care learned from her. In fact, one of her lowing member on the part of the providers in my State by nearly $2 mil- former students said that she has House of Representatives to the Advi- lion per year. Nebraska providers can- ‘‘been in my heart since the first day of sory Committee on Student Financial not afford this cut. The legislation also first grade.’’ I’m sure this is a senti- Assistance for a 3-year term: Ms. Ju- recognizes the additional costs in- ment shared by many. dith Flink of Morton Grove, Illinois.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10886 CONGRESSIONAL RECORD — SENATE November 13, 2002 The message also announced that entitled ‘‘Standard Instrumental Approach to law, the report of fiscal year 2000 Defense pursuant to section 4404(c)(2) of Public Procedures; Miscellaneous Amendments (33); Environmental Restoration Program; to the Law 107–171, the Majority Leader ap- Amdt No. 3026’’ ((2120–AA65)(2002–0053)) re- Committee on Armed Services. EC–9441. A communication from the Assist- points the following individual on the ceived on October 21, 2002; to the Committee on Commerce, Science, and Transportation. ant Secretary of Defense, transmitting, pur- part of the House of Representatives to EC–9432. A communication from the Pro- suant to law, the report on the Third Party the Board of Trustees of the Congres- gram Analyst, Federal Aviation Administra- Collection Program; received on October 9, sional Hunger Fellows Program: Mr. tion, Department of Transportation, trans- 2002; to the Committee on Armed Services. Max Finberg of New York. mitting, pursuant to law, the report of a rule EC–9442. A communication from the Sec- The message further announced that entitled ‘‘Aircraft Ground Deicing and Anti retary of Defense, transmitting, pursuant to the House agrees to the amendment of Icing Program and Training and Checking in law, a report regarding the President’s ap- the Senate to the bill (H.R. 1070) to Ground Icing Conditions’’ ((RINS2120– proval of changes to the 2002 Unified Com- AE70)(2120–AF09)) received on October 21, mand Plan (UCP) that specifies the missions amend the Federal Water Pollution 2002; to the Committee on Commerce, and responsibilities of the unified combatant Control Act to authorize the Adminis- Science, and Transportation. command; to the Committee on Armed Serv- trator of the Environmental Protection EC–9433. A communication from the Pro- ices. Agency to carry out projects and re- gram Analyst, Federal Aviation Administra- EC–9443. A communication from the Assist- search for remediation of sediment tion, Department of Transportation, trans- ant Secretary of Defense (Health Affairs), contamination in areas of concern in mitting, pursuant to law, the report of a rule transmitting, a report relative to the De- the Great Lakes, and for other pur- entitled ‘‘Revisions to Digital Flight Re- partment of Defense Operational Use of corder Requirements’’ (2120–AH81) received Mefloquine; to the Committee on Armed poses. on October 21, 2002; to the Committee on Services. The message also announced that the Commerce, Science, and Transportation. EC–9444. A communication from the Under House agrees to the amendment of the EC–9434. A communication from the Attor- Secretary of Defense, Technology and Logis- Senate to the bill (H.R. 2546) to amend ney-Advisor, National Highway Traffic Safe- tics, transmitting, pursuant to law, a report title 49, United States Code, to prohibit ty Administration, Department of Transpor- on Nuclear-Powered Submarine Force Struc- States from requiring a license or fee tation, transmitting, pursuant to law, the re- ture; to the Committee on Armed Services. on account of the fact that a motor ve- port of a rule entitled ‘‘Federal Motor Vehi- EC–9445. A communication from the Under Secretary of Defense, Technology and Logis- hicle is providing interstate pre-ar- cle Safety Standards; Child Restraint Sys- tems; Labeling Requirements (the TREAD tics, transmitting, a report relative to the ranged ground transportation service, Act)’’ (RIN2127–AI55) received on October 21, Defense Environmental Technology Pro- and for other purposes. 2002; to the Committee on Commerce, gram; to the Committee on Armed Services. The message further announced that Science, and Transportation. EC–9446. A communication from the Chair- the House agrees to the amendment of EC–9435. A communication from the Attor- man, United States International Trade the Senate to the bill (H.R. 3389) to re- ney-Advisor, National Highway Traffic Safe- Commission, transmitting, a report on the authorize the National Sea Grant Col- ty Administration, Department of Transpor- Andean Trade Preference Act-Impact on U.S. lege Program Act, and for other pur- tation, transmitting, pursuant to law, the re- Industries and Consumers and on Drug Crop port of a rule entitled ‘‘Federal Motor Vehi- Eradication and Crop Substitution; to the poses. cle Safety Standards; Child Restraint Sys- Committee on Finance. The message also announced that the tems; Interim Final Rule on Seat-Mounted EC–9447. A communication from the Sec- House agrees to the amendment of the Vests’’ (RIN2127–AI88) received on October retary of Energy, transmitting, pursuant to Senate to the bill (H.R. 3394) to author- 21, 2002; to the Committee on Commerce, law, a report entitled ‘‘Clean Coal Tech- ize funding for computer and network Science, and Transportation. nology Demonstration Program, Program security research and development and EC–9436. A communication from the Dep- Update 2001’’; to the Committee on Energy research fellowship programs, and for uty Assistant Administrator, Office of Re- and Natural Resources. sponse and Restoration/Damage Assessment EC–9448. A communication from the Con- other purposes. Center, Department of Commerce, transmit- gressional Review Coordinator , Animal and The message further announced that ting, pursuant to law, the report of a rule en- Plant Health Inspection Service, Department the House agrees to the amendment of titled ‘‘Final Rule, Natural Resource Dam- of the Agriculture, transmitting, pursuant to the Senate to the bill (H.R. 4878) to age Assessments, Oil Pollution Act of 1990’’, law, the report of a rule entitled ‘‘Cold provide for estimates and reports of received on October 28, 2002; to the Com- Treatment of Fruit’’; received on October 17, improper payments by Federal agen- mittee on Commerce, Science, and Transpor- 2002; to the Committee on Agriculture, Nu- cies. tation. trition, and Forestry. EC–9437. A communication from the Direc- EC–9449. A communication from the Sec- f tor, Office of Sustainable Fisheries, National retary of Agriculture, transmitting, pursu- EXECUTIVE AND OTHER Marine Fisheries Service, Department of ant to law, the Annual Animal Welfare En- forcement Report for Fiscal Year 2001; to the COMMUNICATIONS Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘NMFS is pro- Committee on Agriculture, Nutrition, and The following communications were hibiting directed fishing for Atka mackerel Forestry. laid before the Senate, together with in the Central Aleutian District of the Ber- EC–9450. A communication from the Con- accompanying papers, reports, and doc- ing Sea and Aleutian Islands management gressional Review Coordinator , Animal and uments, which were referred as indi- area (BSAI) . This action is necessary to pre- Plant Health Inspection Service, Department of the Agriculture, transmitting, pursuant to cated: vent exceeding the 2002 Atka mackerel total allowable catch in this area’’; received on law, the report of a rule entitled ‘‘Change in EC–9429. A communication from the Pro- October 28, 2002; to the Committee on Com- Disease Status of Poland Because of BSE’’ gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. (Docket No. 02–068–2) received on October 9, tion, Department of Transportation, trans- EC–9438. A communication from the Acting 2002; to the Committee on Agriculture, Nu- mitting, pursuant to law, the report of a rule Director, Office of Sustainable Fisheries, Na- trition, and Forestry. entitled ‘‘Airworthiness Directives: Pratt tional Marine Fisheries Service, Department EC–9451. A communication from the Con- and Whitney Models JT8D–209, 217, 217A, 217C of Commerce, transmitting, pursuant to law, gressional Review Coordinator , Animal and and 219 Turbofan Engines’’ ((RIN2120– the report of a rule entitled ‘‘Fisheries off Plant Health Inspection Service, Department AA64)(2002–0438)) received on October 21, 2002; West Coast States and in the Western Pa- of the Agriculture, transmitting, pursuant to to the Committee on Commerce, Science, cific; Coastal Pelagic Species Fisheries; An- law, the report of a rule entitled ‘‘Karnal and Transportation. nual Specifications; Pacific Mackerel Fish- Bunt; Regulated Areas’’ (Docket No. 02–037–1) EC–9430. A communication from the Pro- ery’’ (RIN0648–AP43) received on October 28, received on October 9, 2002; to the Committee gram Analyst, Federal Aviation Administra- 2002; to the Committee on Commerce, on Agriculture, Nutrition, and Forestry. tion, Department of Transportation, trans- Science, and Transportation. EC–9452. A communication from the Con- mitting, pursuant to law, the report of a rule EC–9439. A communication from the Attor- gressional Review Coordinator , Animal and entitled ‘‘Modification of Class D & Class E ney/Advisor, Federal Aviation Administra- Plant Health Inspection Service, Department Airspace; Bloomington, IN: Correction; tion, Department of Transportation, trans- of the Agriculture, transmitting, pursuant to Docket No. 01–AGL–06 ‘‘((2120–AA66)(2002– mitting, pursuant to law, the report of a law, the report of a rule entitled ‘‘Oriental 0160)) received on October 21, 2002; to the nomination confirmed for the position of Ad- Fruit Fly; Designation of Quarantined Area’’ Committee on Commerce, Science, and ministrator, Federal Aviation Administra- (Docket No. 02–096–1) received on October 9, Transportation. tion, received on October 28, 2002; to the 2002; to the Committee on Agriculture, Nu- EC–9431. A communication from the Pro- Committee on Commerce, Science, and trition, and Forestry. gram Analyst, Federal Aviation Administra- Transportation. EC–9453. A communication from the Under tion, Department of Transportation, trans- EC–9440. A communication from the Under- Secretary of Agriculture, transmitting, pur- mitting, pursuant to law, the report of a rule secretary of Defense, transmitting, pursuant suant to law, the report of a rule entitled

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10887 ‘‘Rural Business Opportunity Grants; Defini- a rule amending the NASA Federal Acquisi- 7. Sisters and Spouses: Mary Louisa and tion of ‘rural and rural areas’ ’’ (RIN0570– tion Regulation (FAR) Supplement to re- Thom W. Blair, none. AA37) received on October 9, 2002; to the quire when relevant, consideration of safety Committee on Agriculture, Nutrition, and and risk-based acquisition management; to John F. Keane of Virginia, a Career Mem- Forestry. the Committee on Commerce, Science, and ber of the Senior Foreign Service, Class of EC–9454. A communication from the Under Transportation. Minister-Counselor, to be Ambassador Ex- Secretary of Agriculture, transmitting, pur- EC–9467. A communication from the Assist- traordinary and Plenipotentiary of the suant to law, the report of a rule entitled ant Administrator for Procurement, Na- United States of America to the Republic of ‘‘Rural Business Enterprise Grants and Tele- tional Aeronautics and Space Administrator, Paraguay. vision Demonstration Grants’’ received on transmitting, pursuant to law, the report of (The following is a list of all members of October 9, 2002; to the Committee on Agri- a rule amending the NASA Federal Acquisi- my immediate family and their spouses. I culture, Nutrition, and Forestry. tion Regulation (FAR) Supplement to speci- have asked each of these persons to inform EC–9455. A communication from the Direc- fy the approval authority for contract ac- me of the pertinent contributions made by tor, Federal Emergency Management Agen- tions; to the Committee on Commerce, them. To the best of my knowledge, the in- cy, transmitting, pursuant to law, the An- Science, and Transportation. formation contained in this report is com- nual Performance and Accountability Report EC–9468. A communication from the White plete and accurate.) Fiscal Year 2001; received on October 16, 2002; House Liaison, Department of Education, Nominee: John Francis Keane. to the Committee on Governmental Affairs. transmitting, pursuant to law, the report of Post: Asuncion, Paraguay. EC–9456. A communication from the Ad- a nomination for the position of Inspector Contributions, Amounts, Date, and Donee: ministrator, Environmental Protection General, received on October 15, 2002; to the 1. Self, $2,000, November 29, 2000, Bush/Che- Agency, transmitting, pursuant to law, the Committee on Health, Education, Labor, and ney Transition Team. Annual Report to Congress on EPA Imple- Pensions. 2. Spouse: Graciela C. Keane, none. mentation of the Federal Financial Assist- 3. Children and Spouses: Robert A. Keane f ance Management Improvement Act of 1999; and Edward A. Keane, none. received on October 9, 2002; to the Committee REPORTS OF COMMITTEES 4. Parents: Gustave R. and Constance V. Keane (deceased). on Governmental Affairs. The following reports of committees EC–9457. A communication from the Direc- 5. Grandparents: Deceased. tor, Federal Emergency Management Agen- were submitted: 6. Brothers and Spouses: Robert V. Keane, cy, transmitting, pursuant to law, a report By Mr. JEFFORDS, from the Committee none. relative to the Federal Emergency Manage- on Environment and Public Works, with 7. Sisters and Spouses: None. ment Agency’s grant making processes; to amendments: the Committee on Governmental Affairs. S. 2928: A bill to amend the Federal Water INTERNATIONAL JOINT COMMISSION, UNITED E–9458. A communication from the District Pollution Control Act and the Water Re- STATES AND CANADA of Columbia Auditor, transmitting, pursuant sources Development Act of 2000 to modify Irene B. Brooks, of Pennsylvania, to be a to law, a report entitled ‘‘Certification of the provisions relating to the Lake Champlain Commissioner on the part of the United Fiscal Year 2002 Revenue Projection in Sup- basin. (Rept. No. 107–339). States on the International Joint Commis- port of the District’s $283,870,000 Multimodal By Mr. HOLLINGS, from the Committee sion, United States and Canada, vice Susan General Obligation Bonds and Refunding on Commerce, Science, and Transportation, Bayh. Bonds’’; to the Committee on Governmental with an amendment in the nature of a sub- Allen I. Olson, of Minnesota, to be a Com- Affairs. stitute: missioner on the part of the United States EC–9459. A communication from the Under H.R. 1989: To reauthorize various fishing on the International Joint Commission, Secretary of Defense, Technology and Logis- conservation management programs, and for United States and Canada, vice Alice tics, transmitting, pursuant to law, a report other purposes. (Rept. No. 107–340). Chamberlin. on the Performance of Commercial Activi- f DEPARTMENT OF STATE ties; to the Committee on Governmental Af- David N. Greenlee, of Maryland, a Career fairs. NOMINATIONS DISCHARGED EC–9460. A communication from the Dis- Member of the Senior Foreign Service, Class The following nominations were dis- of Minister-Counselor, to be Ambassador Ex- trict of Columbia Auditor, transmitting, pur- charged from the Committee on For- suant to law, a report entitled ‘‘Mismanaged traordinary and Plenipotentiary of the Special Education Payment System Vulner- eign Relations and placed on the Exec- United States of America to the Republic of able to Fraud, Waste, and Abuse’’; to the utive Calendar pursuant to the order of Bolivia. (The following is a list of all members of Committee on Governmental Affairs. November 13, 2002: my immediate family and their spouses. I EC–9461. A communication from the Dis- OVERSEAS PRIVATE INVESTMENT CORPORATION trict of Columbia Auditor, transmitting, pur- have asked each of these persons to inform Collister Johnson, Jr., of Virginia, to be a me of the pertinent contributions made by suant to law, a report entitled ‘‘Audit of Ad- Member of the Board of Directors of the visory Neighborhood Commission 2B For Fis- them. To the best of my knowledge, the in- Overseas Private Investment Corporation for formation contained in this report is com- cal Years 2000, 2001, 2002 Through March 31, a term expiring December 17, 2004. (Re- 2002’’; to the Committee on Governmental plete and accurate.) appointment) Nominee: David N. Greenlee. Affairs. EC–9462. A communication from the Comp- DEPARTMENT OF STATE Post: Republic of Bolivia. Contributions, Amount, Date, and Donee: troller General of the United States, trans- John Randle Hamilton, of North Carolina, 1. Self, None. mitting, pursuant to law, the report of the a Career Member of the Senior Foreign Serv- 2. Spouse: Clara Murillo Greenlee, none. list of General Accounting Office Reports for ice, Class of Minister-Counselor, to be Am- 3. Children and Spouses: Nicole M. April 2002; to the Committee on Govern- bassador Extraordinary and Plenipotentiary Greenlee, none; Gabrielle M. Greenlee, none; mental Affairs. of the United States of America to the Re- Daniel N. Greenlee (Martina Smetanove, EC–9463. A communication from the Acting public of Guatemala. none; Patrick A. Greenlee (Teresa Cuesta de Director of the Peace Corps of the United (The following is a list of all members of Greenlee), none. States, transmitting, pursuant to law, the my immediate family and their spouses. I 4. Parents: Virginia T. and Richard S. semi-annual report of the Peace Corps’ In- have asked each of these persons to inform Greenlee (deceased). spector General for the six-month period me of the pertinent contributions made by 5. Grandparents: Not available. them. To the best of my knowledge, the in- ending March 31, 2002; to the Committee on 6. Brothers and Spouses: Richard S. formation contained in this report is com- Governmental Affairs. Greenlee, III, none. EC–9464. A communication from the Comp- plete and accurate.) 7. Sisters and Spouses: Ann Sinton Staf- troller General of the United States, Govern- Nominee: John R. Hamilton. ford (widow), none; Virginia Powers and ment Accounting Office, transmitting, pur- Post Guatemala. Thomas Kirkwood, $50, 1999, Democratic suant to law, the report of the list of General Contributions, Amount, Date, and Donee: Party. Accounting Office reports for July 2002; to 1. Self, none. the Committee on Governmental Affairs. 2. Spouse: Donna Jean Hamilton, none. Peter DeShazo, of Florida, a Career Mem- EC–9465. A communication from the Sec- 3. Children and Spouses: Kathryn Jean ber of the Senior Foreign Service, Class of retary of the Senate, transmitting, pursuant Hamilton, none; Erin Randle Hamilton, Minister-Counselor, for the rank of Ambas- to law, the report of the receipts and expend- none. sador during tenure of service as Deputy Per- itures of the Senate for the period April 1, 4. Parents: Susan Gordon Hamilton, none; manent Representative of the United States 2002 through September 30, 2002; ordered to John P. Hamilton (deceased). of America to the Organization of American lie on the table. 5. Grandparents: Deceased. States. EC–9466. A communication from the Assist- 6. Brothers and Spouses: Joshua Pearre and ant Administrator for Procurement, Na- Judy H. Hamilton, none; James Gordon and OVERSEAS PRIVATE INVESTMENT CORPORATION tional Aeronautics and Space Administrator, Brenda H. Hamilton, none; Joseph Lytton John L. Morrison, of Minnesota, to be a transmitting, pursuant to law, the report of and Catherine H. Hamilton, none. Member of the Board of Directors of the

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10888 CONGRESSIONAL RECORD — SENATE November 13, 2002 Overseas Private Investment Corporation for the District of Columbia honoring Dwight D. measures required in the public inter- a term expiring December 17, 2004, vice John Eisenhower; to the Committee on Energy est to meet the needs of wireless tele- J. Pikarski, Jr., term expired. and Natural Resources. communications consumers. DEPARTMENT OF STATE f S. 2874 J. Cofer Black, of Virginia, to be Coordi- At the request of Mr. DAYTON, the SUBMISSION OF CONCURRENT AND nator for Counterterrorism, with the rank name of the Senator from Massachu- and status of Ambassador at Large, vice SENATE RESOLUTIONS Francis Xavier Taylor. setts (Mr. KERRY) was added as a co- (The following is a list of all members of The following concurrent resolutions sponsor of S. 2874, a bill to provide ben- my immediate family and their spouses. I and Senate resolutions were read, and efits to domestic partners of Federal have asked each of these persons to inform referred (or acted upon), as indicated: employees. me of the pertinent contributions made by By Mr. DASCHLE (for himself and Mr. S. 2903 them. To the best of my knowledge, the in- LOTT): At the request of Mr. JOHNSON, the formation contained in this report is com- S. Res. 355. A resolution extending the au- name of the Senator from Nevada (Mr. plete and accurate.) thorities relating to the Senate National Se- REID) was added as a cosponsor of S. Nominee: J. Cofer Black. curity Working Group; considered and agreed Post: Ambassador-at-Large, S/CT. to. 2903, a bill to amend title 38, United Contributions, Amount, Date, and Donee: By Mr. VOINOVICH (for himself and States Code, to provide for a guaran- 1. Self, None. teed adequate level of funding for vet- 2. Spouse: Suzanne S. Black, none. Mr. DEWINE): 3. Children and Spouses: Nicolas Black, S. Con. Res. 156. A concurrent resolution erans health care. none. recognizing and honoring America’s Jewish S. 3018 4. Parents: Thelma and Edward Black (de- community on the occasion of its 350th anni- At the request of Mr. BAUCUS, the ceased). versary, supporting the designation of an name of the Senator from Nebraska ‘‘American Jewish History Month’’, and for 5. Grandparents: (deceased). (Mr. NELSON) was added as a cosponsor 6. Brothers and Spouses: Not applicable. other purposes; to the Committee on the Ju- 7. Sisters and Spouses: Laura Ellen Black, diciary. of S. 3018, a bill to amend title XVIII of none. By Mrs. LINCOLN: the Social Security Act to enhance S. Con. Res. 157. A concurrent resolution beneficiary access to quality health BROADCASTING BOARD OF GOVERNORS expressing the sense of Congress that United care services under the medicare pro- Blanquita Walsh Cullum, of Virginia, to be States Diplomatic missions should provide gram, and for other purposes. a Member of the Broadcasting Board of Gov- the full and complete protection of the S. 3096 United States to certain citizens of the ernors for a term expiring August 13, 2005, At the request of Mr. KOHL, the name vice Cheryl F. Halpern, term expired. United States living abroad; to the Com- mittee on Foreign Relations. of the Senator from Ohio (Mr. DEWINE) FOREIGN SERVICE was added as a cosponsor of S. 3096, a Nominations in the Foreign Service re- f bill to amend chapter 44 of title 18, ceived by the Senate on October 8, 2002, beginning with William Joseph Burns, of Penn- ADDITIONAL COSPONSORS United States Code, to require ballis- tics testing of all firearms manufac- sylvania, and ending with Michael L. Young, S. 677 of Colorado. tured and all firearms in custody of Nominations in the Foreign Service re- At the request of Mr. HATCH, the Federal agencies. names of the Senator from Missouri ceived by the Senate on October 8, 2002, be- S. 3098 (Mr. BOND), the Senator from Texas ginning with Jon Christopher Karber, of Ari- At the request of Mr. GRAHAM, the zona, and ending with Peter Fernandez, of (Mrs. HUTCHISON), and the Senator name of the Senator from Iowa (Mr. New York. from Ohio (Mr. VOINOVICH) were added HARKIN) was added as a cosponsor of S. f as cosponsors of S. 677, a bill to amend 3098, a bill to amend title XVIII of the INTRODUCTION OF BILLS AND the Internal Revenue Code of 1986 to re- Social Security Act to establish a pro- JOINT RESOLUTIONS peal the required use of certain prin- gram for the competitive acquisition of cipal repayments on mortgage subsidy The following bills and joint resolu- items and services under the medicare bond financing to redeem bonds, to program. tions were introduced, read the first modify the purchase price limitation S. 3118 and second times by unanimous con- under mortgage subsidy bond rules At the request of Ms. CANTWELL, the sent, and referred as indicated: based on median family income, and name of the Senator from Michigan By Mr. GRAMM: for other purposes. S. 3150. A bill to authorize negotiation of (Mr. LEVIN) was added as a cosponsor of S. 719 free trade agreements with Turkey, and for S. 3118, a bill to strengthen enforce- other purposes; to the Committee on Fi- At the request of Mr. CORZINE, his ment of provisions of the Animal Wel- nance. name was added as a cosponsor of S. fare Act relating to animal fighting, By Mr. GRAMM: 719, a bill to amend Federal election and for other purposes. S. 3151. A bill to authorize negotiation of law to provide for clean elections fund- S.RES. 307 free trade agreements with Afghanistan, and ed by clean money. for other purposes; to the Committee on Fi- At the request of Mr. TORRICELLI, the nance. S. 2521 names of the Senator from North Caro- By Mr. ALLEN: At the request of Mr. KERRY, the lina (Mr. EDWARDS) and the Senator S. 3152. A bill to clarify the boundaries of name of the Senator from Maryland from Oregon (Mr. WYDEN) were added the Plum Island Unit of the Coastal Barrier (Mr. SARBANES) was added as a cospon- as cosponsors of S. Res. 307, a resolu- Resources System; to the Committee on En- sor of S. 2521, a bill to amend title II of tion reaffirming support of the Conven- vironment and Public Works. the Social Security Act to restrict the By Mr. BAUCUS (for himself and Mr. tion on the Prevention and Punish- application of the windfall elimination GRASSLEY): ment of the Crime of Genocide and an- S. 3153. A bill to amend the Internal Rev- provision to individuals whose com- ticipating the commemoration of the enue Code of 1986 to make technical correc- bined monthly income from benefits 15th anniversary of the enactment of tions, and for other purposes; to the Com- under such title and other monthly the Genocide Convention Implementa- mittee on Finance. periodic payments exceeds $2,000 and to tion Act of 1987 (the Proxmire Act) on By Mr. GRASSLEY (for himself and provide for a graduated implementa- November 4, 2003. Mr. BAUCUS): tion of such provision on amounts S. 3154. A bill to amend the Internal Rev- S.RES. 322 enue Code of 1986 to combat fuel excise tax above such $2,000 amount. At the request of Mrs. LINCOLN, the fraud; to the Committee on Finance. S. 2869 name of the Senator from Idaho (Mr. By Mr. HELMS: At the request of Mr. KERRY, the CRAIG) was added as a cosponsor of S. S. 3155. A bill to authorize the President to names of the Senator from Rhode Is- Res. 322, a resolution designating No- establish and maintain the Foreign Lan- land (Mr. CHAFEE) and the Senator vember 2002, as ‘‘National Epilepsy guage and Cultural Institute program; to the Awareness Month.’’ Committee on Foreign Relations. from Missouri (Mr. BOND) were added By Mr. INOUYE: as cosponsors of S. 2869, a bill to facili- S. CON. RES. 129 S.J. Res. 52. A joint resolution approving tate the ability of certain spectrum At the request of Mr. CRAPO, the the location of the commemorative work in auction winners to pursue alternative name of the Senator from Arkansas

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10889 (Mr. HUTCHINSON) was added as a co- nations of the former Soviet union lo- SEC. 3. FREE TRADE AREA FOR TURKEY. sponsor of S. Con. Res. 129, a concur- cated on the southern border of Russia. (a) IN GENERAL.—The President shall take rent resolution expressing the sense of As these nations map out their future, action to initiate negotiations to obtain trade agreements with Turkey, the terms of Congress regarding the establishment they do so with frequent reference to which provide for the reduction and ultimate of the month of November each year as the experience of Turkey. A free trade elimination of tariffs and other nontariff ‘‘Chronic Obstructive Pulmonary Dis- agreement with Turkey would mean barriers to trade. ease Awareness Month.’’ that we would be a lasting, positive (b) RECIPROCAL BASIS.—An agreement en- S. CON. RES. 138 part of that future, contributing to tered into under subsection (a) shall be recip- At the request of Mr. REID, the name Turkey’s continued growth and demo- rocal and provide mutual reductions in trade of the Senator from Connecticut (Mr. cratic development, and influence that barriers to promote trade, economic growth, and employment. DODD) was added as a cosponsor of S. would be sure to have a beneficial ef- SEC. 4. FAST-TRACK CONSIDERATION OF IMPLE- Con. Res. 138, a concurrent resolution fect on Turkey’s neighbors. Such an MENTING BILLS. expressing the sense of Congress that agreement would operate well in light (a) IN GENERAL.—Notwithstanding the the Secretary of Health and Human of our existing free trade agreements prenegotiation notification and consultation Services should conduct or support re- with Israel and with Jordan. requirement described in section 2104(a) of search on certain tests to screen for Afghanistan is at an historical turn- the Bipartisan Trade Promotion Authority ovarian cancer, and Federal health ing point. What better way to rebuild Act of 2002 (19 U.S.C. 3804(a)), subsection (b) care programs and group and indi- the Afghan economy and set the Af- shall apply to any agreement negotiated under section 3(a), subject to subsection (c). vidual health plans should cover the ghan people firmly on the road to pros- (b) TREATMENT OF AGREEMENTS.—Subject tests if demonstrated to be effective, perity than with a free trade agree- to subsection (c), in the case of any agree- and for other purposes. ment with the United States? ment to which subsection (a) applies— S. CON. RES. 154 In addition, history has shown the (1) the applicability of the trade authori- At the request of Mr. CORZINE, the powerful effect of trade and other eco- ties procedures to implementing bills shall name of the Senator from Virginia (Mr. nomic freedoms in creating a stable be determined without regard to the requirements of section 2104(a) of the Bipartisan WARNER) was added as a cosponsor of S. basis for the growth and maintenance of political freedom. In Germany, Trade Promotion Authority Act of 2002 (19 Con. Res. 154, a concurrent resolution U.S.C. 3804(a)) (relating only to 90 days no- expressing the sense of the Congress Italy, Japan, Taiwan, South Korea, Chile, and elsewhere, we have seen au- tice prior to initiating negotiations), and that a commemorative postage stamp any procedural disapproval resolution under should be issued honoring Gunnery thoritarian regimes replaced by stable, section 2105(b)(1)(B) of such Act shall not be Sergeant John Basilone, a great Amer- free societies preceded by the growth of in order on the basis of a failure or refusal to ican hero. trade and economic freedom. A free comply with the provisions of section 2104(a) trade agreement between the United of such Act; and f States and Afghanistan can and should (2) the President shall, as soon as feasible STATEMENTS ON INTRODUCED be a powerful tool in our efforts to after the commencement of negotiations BILLS AND JOINT RESOLUTIONS bring peace and prosperity to a land under section 3(a)— (A) notify the Congress of such negotia- By Mr. GRAMM: that has known little of either. I ask unanimous consent that the tions, the specific United States objectives S. 3150. A bill to authorize negotia- in the negotiations, and whether the Presi- tion of free trade agreements with Tur- text of the two bills be printed in the dent is seeking a new agreement or changes key, and for other purposes; to the RECORD. to an existing agreement; and Committee on Finance. There being no objection, the bills (B) before and after submission of the no- By Mr. GRAMM: were ordered to be printed in the tice, consult regarding the negotiations with S. 3151. A bill to authorize negotia- RECORD, as follows: the committees referred to in section tion of free trade agreements with Af- S. 3150 2104(a)(2) of such Act and the Congressional ghanistan, and for other purposes; to Be it enacted by the Senate and House of Rep- Oversight Group convened under section 2107 of such Act. the Committee on Finance. resentatives of the United States of America in Congress assembled, (c) TERMINATION OF AUTHORITY.—The au- Mr. GRAMM. Mr. President, today I thority of this section shall apply only to SECTION 1. SHORT TITLE. am introducing legislation to authorize agreements entered into before January 1, the President to negotiate free trade This Act may be cited as the ‘‘Turkey Free Trade Agreement Act’’. 2008. agreements with the countries of Tur- SEC. 2. FINDINGS. S. 3151 key and Afghanistan. Trade is a power- Congress makes the following findings: ful engine in the promotion of pros- (1) The economic prosperity of the United Be it enacted by the Senate and House of Rep- perity and in the strengthening of free- States and Turkey will increase by reducing resentatives of the United States of America in dom. The more we promote trade, the trade barriers between the 2 countries. Congress assembled, more we benefit and the more our trad- (2) Trade protection endangers economic SECTION 1. SHORT TITLE. ing partners benefit. prosperity in the United States and Turkey This Act may be cited as the ‘‘Afghanistan Free Trade Agreement Act’’. The legislation builds upon the Bi- and undermines civil liberty and constitu- partisan Trade Promotion Authority tionally limited government. SEC. 2. FINDINGS. (3) The successful establishment of a North Congress makes the following findings: Act of 2002, enacted earlier in the year. American Free Trade Area sets the pattern (1) The economic prosperity of the United Within the structure of that Act, each for the reduction of trade barriers through- States and Afghanistan will increase by re- of these bills would give the sanction of out the world, enhancing prosperity in place ducing trade barriers. the Congress to undertaking free trade of the cycle of increasing trade barriers and (2) Trade protection endangers economic negotiations with Turkey and with Af- deepening poverty that results from a resort prosperity in the United States and Afghani- ghanistan. That sanction would remain to protectionism and trade retaliation. stan and undermines civil liberty and con- in place for five years, ample time to (4) The reduction of government inter- stitutionally limited government. conclude these important agreements. ference in the foreign and domestic sectors (3) Free trade between the United States of a nation’s economy and the concomitant and Afghanistan will help in strengthening Turkey has correctly been called the promotion of economic opportunity and free- of Afghanistan’s economic security. eastern anchor of NATO, an ally of the doms promote civil liberty and constitu- (4) The successful establishment of a North United States across some five decades tionally limited government. American Free Trade Area sets the pattern in the effort to keep the world free. (5) Countries that observe a consistent pol- for the reduction of trade barriers through- Turkey is a secular nation with a pre- icy of free trade, the promotion of free enter- out the world, enhancing prosperity in place dominantly Muslim population and his- prise and other economic freedoms (includ- of the cycle of increasing trade barriers, and toric ties to the United States. For ing effective protection of private property deepening poverty that results from a resort nearly one hundred years Turkey has rights), and the removal of barriers to for- to protectionism and trade retaliation. eign direct investment, in the context of (5) The reduction of government inter- served as an important force for mod- constitutionally limited government and ference in the foreign and domestic sectors ernization in the eastern Mediterra- minimal interference in the economy, will of a nation’s economy and the concomitant nean and central Asian area. follow the surest and most effective prescrip- promotion of economic opportunity and free- Turkey’s successes have provided im- tion to alleviate poverty and provide for eco- doms promote civil liberty and constitu- portant examples to many of the new nomic, social, and political development. tionally limited government.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10890 CONGRESSIONAL RECORD — SENATE November 13, 2002 (6) Countries that observe a consistent pol- SECTION 1. TRANSFER BY REGISTERED PIPE- (1) in the case of returns described in sec- icy of free trade, the promotion of free enter- LINE OR VESSEL REQUIRED FOR tion 4083(d)(1) of the Internal Revenue Code prise and other economic freedoms (includ- FUEL TAX EXEMPTION OF BULK of 1986 (as added by subsection (a)), not later TRANSFERS TO REGISTERED TERMI- ing effective protection of private property NALS OR REFINERIES. than 30 days after the date of the enactment rights), and the removal of barriers to for- (a) IN GENERAL.—Section 4081(a)(1)(B) of of this Act, and eign direct investment, in the context of the Internal Revenue Code of 1986 (relating (2) in the case of returns described in sec- constitutionally limited government and to exemption for bulk transfers to registered tion 4083(d)(2) of such Code (as so added), not minimal interference in the economy, will terminals or refineries) is amended— later than 90 days after such date. follow the surest and most effective prescrip- (1) by inserting ‘‘by pipeline or vessel’’ (c) EFFECTIVE DATE.—The amendment tion to alleviate poverty and provide for eco- after ‘‘transferred in bulk’’, and made by this section shall apply to returns nomic, social, and political development. (2) by inserting ‘‘, the operator of the pipe- due after the date the Secretary of the Treasury describes the format for filing SEC. 3. FREE TRADE AGREEMENT WITH AFGHAN- line or vessel,’’ after ‘‘the taxable fuel’’. ISTAN. (b) CIVIL PENALTY FOR CARRYING TAXABLE under subsection (b). FUELS BY NONREGISTERED PIPELINES OR VES- SEC. 3. TAX ON SALE OF DIESEL FUEL WHETHER (a) IN GENERAL.—The President shall take SELS.— SUITABLE FOR USE OR NOT IN A action to initiate negotiations to obtain (1) IN GENERAL.—Part II of subchapter B of DIESEL-POWERED VEHICLE OR trade agreements with Afghanistan, the chapter 68 of the Internal Revenue Code of TRAIN. terms of which provide for the reduction and 1986 (relating to assessable penalties) is (a) IN GENERAL.—Section 4083(a)(3) of the ultimate elimination of tariffs and other amended by adding at the end the following Internal Revenue Code of 1986 (defining die- nontariff barriers to trade. new section: sel fuel) is amended by adding at the end the (b) RECIPROCAL BASIS.—An agreement en- ‘‘SEC. 6717. CARRYING TAXABLE FUELS BY NON- following new sentence: ‘‘For purposes of tered into under subsection (a) shall be recip- REGISTERED PIPELINES OR VES- section 4081(a)(1)(A)(iv), such term includes rocal and provide mutual reductions in trade SELS. any liquid (other than gasoline) sold or of- barriers to promote trade, economic growth, ‘‘(a) IMPOSITION OF PENALTY.—If any tax- fered for sale whether or not such fuel is and employment. able fuel (as defined in section 4083(a)(1)) is suitable for such use.’’. willfully carried by pipeline or vessel the op- (b) EFFECTIVE DATE.—The amendment SEC. 4. FAST-TRACK CONSIDERATION OF IMPLE- erator of which is not registered under sec- made by this section shall take effect on the MENTING BILLS. tion 4101, then such operator shall pay a pen- date of the enactment of this Act. (a) IN GENERAL.—Notwithstanding the alty in addition to the tax (if any). SEC. 4. CIVIL PENALTY FOR REFUSAL OF ENTRY. ‘‘(b) AMOUNT OF PENALTY.— prenegotiation notification and consultation (a) IN GENERAL.—Part II of subchapter B of ‘‘(1) IN GENERAL.—Except as provided in requirement described in section 2104(a) of chapter 68 of the Internal Revenue Code of paragraph (2), the amount of the penalty the Bipartisan Trade Promotion Authority 1986 (relating to assessable penalties), as under subsection (a) on each act shall be Act of 2002 (19 U.S.C. 3804(a)), subsection (b) amended by this Act, is amended by adding $10,000. shall apply to any agreement negotiated at the end the following new section: under section 3(a), subject to subsection (c). ‘‘(2) MULTIPLE VIOLATIONS.—In determining the penalty under subsection (a) on any per- ‘‘SEC. 6718. REFUSAL OF ENTRY. (b) TREATMENT OF AGREEMENTS.—Subject son, paragraph (1) shall be applied by in- ‘‘In addition to any criminal penalty pro- to subsection (c), in the case of any agree- creasing the amount in paragraph (1) by the vided by law, in the case of any person with ment to which subsection (a) applies— product of such amount and the number of the intent to transport and distribute (1) the applicability of the trade authori- prior penalties (if any) imposed by this sec- untaxed, adulterated fuel mixtures or to ties procedures to implementing bills shall tion on such person (or a related person or transport and distribute dyed diesel for tax- be determined without regard to the require- any predecessor of such person or related able use, if such person refuses to admit ments of section 2104(a) of the Bipartisan person). entry or refuses to permit any other action Trade Promotion Authority Act of 2002 (19 ‘‘(c) JOINT AND SEVERAL LIABILITY.— by the Secretary authorized by section U.S.C. 3804(a)) (relating only to 90 days no- ‘‘(1) IN GENERAL.—If a penalty is imposed 4083(c)(1), then such person shall pay a pen- tice prior to initiating negotiations), and under this section on any business entity, alty of $1,000 for such refusal.’’. any procedural disapproval resolution under each officer, employee, or agent of such enti- (b) CONFORMING AMENDMENTS.— section 2105(b)(1)(B) of such Act shall not be ty or other contracting party who willfully (1) Section 4083(c)(3) of the Internal Rev- in order on the basis of a failure or refusal to participated in any act giving rise to such enue Code of 1986 is amended— comply with the provisions of section 2104(a) penalty shall be jointly and severally liable (A) by striking ‘‘ENTRY.—The penalty’’ and of such Act; and with such entity for such penalty. inserting: ‘‘ENTRY.— (2) the President shall, as soon as feasible ‘‘(2) AFFILIATED GROUPS.—If a business en- ‘‘(A) FORFEITURE.—The penalty’’, and after the commencement of negotiations tity described in paragraph (1) is part of an (B) by adding at the end the following new under section 3(a)— affiliated group (as defined in section subparagraph: (A) notify the Congress of such negotia- 1504(a)), the parent corporation of such enti- ‘‘(B) CIVIL PENALTY.—For a civil penalty tions, the specific United States objectives ty shall be jointly and severally liable with for the refusal to admit entry or other re- in the negotiations, and whether the Presi- such entity for the penalty imposed under fusal to permit an action by the Secretary dent is seeking a new agreement or changes this section.’’. authorized by paragraph (1), see section to an existing agreement; and (2) CLERICAL AMENDMENT.—The table of 6718.’’. (B) before and after submission of the no- sections for part II of subchapter B of chap- (2) The table of sections for part II of sub- tice, consult regarding the negotiations with ter 68 of such Code is amended by adding at chapter B of chapter 68 of such Code, as the committees referred to in section the end the following new item: amended by this Act, is amended by adding 2104(a)(2) of such Act and the Congressional ‘‘Sec. 6717. Carrying taxable fuels by nonreg- at the end the following new item: Oversight Group convened under section 2107 istered pipelines or vessels.’’. of such Act. ‘‘Sec. 6718. Refusal of entry.’’. (c) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments (c) TERMINATION OF AUTHORITY.—The au- made by this section shall take effect on made by this section shall take effect on thority of this section shall apply only to January 1, 2003. January 1, 2003. agreements entered into before January 1, SEC. 2. RETURNS FILED ELECTRONICALLY. SEC. 5. DISPLAY OF REGISTRATION. 2008. (a) IN GENERAL.—Section 4083 of the Inter- nal Revenue Code of 1986 (relating to defini- (a) IN GENERAL.—Section 4101 of the Inter- By Mr. GRASSLEY (for himself tions; special rule; administrative authority) nal Revenue Code of 1986 (relating to registration and bond) is amended by adding at and Mr. BAUCUS): is amended by adding at the end the following new subsection: the end the following new subsection: S. 3154. A bill to amend the Internal ‘‘(d) RETURNS REQUIRED TO BE FILED ELEC- ‘‘(e) DISPLAY OF REGISTRATION.—Every per- Revenue Code of 1986 to combat fuel ex- TRONICALLY.— son required by the Secretary to register cise tax fraud; to the Committee on Fi- ‘‘(1) FUEL.—Any registered operator of a under this section with respect to tax im- nance. terminal, refinery, pipeline, or vessel, or any posed by section 4041(a)(1), 4081, or 4091 shall registered dealer in aviation fuel, having receive and display proof of registration on Mr. GRASSLEY. Mr. President, I ask more than 25 transactions in a month shall vessels used in transporting fuel.’’. unanimous consent that the text of the file by electronic format any return required (b) EFFECTIVE DATE.—The amendments bill be printed in the Record. by the Secretary for the tracking of fuel. made by this section shall take effect on There being no objection, the bill was ‘‘(2) VEHICLES.—Any person required to file January 1, 2003. ordered to be printed in the Record, as a return under section 4481 having at least 25 SEC. 6. UNTAXED ADULTERATED FUEL MIXTURES vehicles shall file such return by electronic TREATED AS DYED FUELS UNDER follows: format.’’. PENALTY PROVISION. Be it enacted by the Senate and House of Rep- (b) FORMAT FOR FILING.—The Secretary of (a) IN GENERAL.—Section 6715(c)(1) of the resentatives of the United States of America in the Treasury shall describe the electronic Internal Revenue Code of 1986 (defining dyed Congress assembled, format for filing— fuel) is amended by inserting ‘‘, any dyed

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10891 diesel fuel or kerosene which has been (c) EFFECTIVE DATE.—The amendments tures. A report issue this year by the chemically altered in an attempt to remove made by this section shall apply to taxable General Accounting Office concluded the dye, or any other adulterated fuel mix- periods beginning after the date of the enact- that foreign language skills are critical ture not previously taxed’’ after ‘‘section ment of this Act. to the success of our diplomatic and in- 4082’’. SEC. 9. ADDITIONAL RULES REGARDING INSPEC- (b) EFFECTIVE DATE.—The amendment TIONS OF RECORDS. telligence agencies and that the short- made by this section shall take effect on the (a) PROVISION OF COPIES OF RECORDS.—Sec- age of skilled personnel has adversely date of the enactment of this Act. tion 4102 of the Internal Revenue Code of 1986 affected American law enforcement, in- SEC. 7. TAX AT POINT OF ENTRY WHERE IM- (relating to inspection of records by local of- telligence, counter-terrorism, diplo- PORTER NOT REGISTERED. ficers) is amended by inserting ‘‘, and copies matic and military efforts. (a) IN GENERAL.—Section 4081(a)(1) of the shall be furnished upon request of,’’ after The end of the Cold War and the rise Internal Revenue Code of 1986 (relating to ‘‘inspection by’’. of terrorism have exacerbated this tax on entry, removal, or sale) is amended by (b) INSPECTION BY OTHER ENFORCEMENT adding at the end the following new subpara- problem because the most serious AGENCIES.—Section 4102 of the Internal Rev- shortages involved those languages graph: enue Code of 1986, as amended by subsection ‘‘(C) TAX AT ENTRY WHERE IMPORTER NOT (a), is amended by inserting ‘‘, and informa- found in Asia and the Middle East. In REGISTERED.— tion on returns required to be filed with re- fact, we have received warning signals. ‘‘(i) IN GENERAL.—For purposes of subpara- spect to taxes under section 4481 shall be For example, the disclosure that inter- graph (A)(iii), if the person entering the tax- open to inspection by officers of any State cepts of suspected terrorists were able fuel is not registered under section 4101, agency charged with the registration and li- translated long after the events they the imposition of the tax is at the time and censing of vehicles described in such section point of entry. discussed had taken place should be and officers of any other Federal or State ‘‘(ii) JEOPARDY ASSESSMENT.—The collec- viewed with alarm. agency charged with the enforcement of Fed- tion of any tax imposed on fuel described in Even before 9/11, Senator COCHRAN re- eral or State law regarding motor fuels or clause (i) shall be deemed to be in jeopardy ferred to a ‘‘crisis in federal language criminal activities regarding motor fuels’’ and the Secretary shall make an immediate capabilities’’ when the intelligence after ‘‘section 4083)’’. assessment under section 6862. (c) EFFECTIVE DATE.—The amendments community disclosed that the United ‘‘(iii) ENFORCEMENT OF ASSESSMENT.—The made by this section shall take effect on the States could be faced with a ‘‘technical fuel described in clause (i) and the vehicle or date of the enactment of this Act. surprise’’ because thousands of foreign vessel in which such fuel was transported scientific papers could not be trans- shall be detained for the period ending SEC. 10. AUTHORITY TO INSPECT ON-SITE RECORDS. with— lated due to the lack of skilled trans- (a) IN GENERAL.—Section 4083(c)(1)(A) of ‘‘(I) the filing of a bond by the importer of lators. the Internal Revenue Code of 1986 (relating record under section 6863(a), or Our governments has experienced to administrative authority) is amended by ‘‘(II) if such a bond is not filed within the this shortage of skilled personnel going 5-day period beginning with such detaining, striking ‘‘and’’ at the end of clause (i) and by back to the beginning of the Cold War. inserting after clause (ii) the following new the sale of such fuel as provided under sec- Intermittent attempts to solve the tion 6336.’’. clause: ‘‘(iii) inspecting any books and records to problem over the years have left us (b) EFFECTIVE DATE.—The amendment with an accumulation of patchwork made by this section shall take effect on the determine the names and addresses of the date of the enactment of this Act. persons selling or purchasing such fuel, fixes. As the recent GAO report dem- SEC. 8. MODIFICATIONS OF TAX ON USE OF CER- and’’. onstrates clearly, this approach has TAIN VEHICLES. (b) EFFECTIVE DATE.—The amendments not succeeded. It is time to take a (a) INCREASE IN RATE OF TAX.—The table made by this section shall take effect on the fresh approach and seek a broader, contained in section 4481(a) of the Internal date of the enactment of this Act. long-term solution. Revenue Code of 1986 (relating to imposition SEC. 11. PROHIBITION OF ADMINISTRATIVE RE- This bill will establish a national VIEW OF PENALTY FOR TAXABLE of tax) is amended by striking ‘‘$550’’ and in- program in our academic institutions serting ‘‘$600’’. USE OF DYED DIESEL FUEL. (b) NO PRORATION OF TAX UNLESS VEHICLE (a) IN GENERAL.—Section 6406 of the Inter- that encourages students to pursue IS DESTROYED OR STOLEN.— nal Revenue Code of 1986 (relating to prohibi- critical language skills, supports their (1) IN GENERAL.—Section 4481(c) of the In- tion of administrative review of decisions) is academic careers and provides a clear ternal Revenue Code of 1986 (relating to pro- amended— employment path to Federal agencies. ration of tax) is amended to read as follows: (1) by striking ‘‘In the absence’’ and insert- It does so by making maximum use of ‘‘(c) PRORATION OF TAX WHERE VEHICLE DE- ing ‘‘(a) IN GENERAL.—In the absence’’, and existing academic programs and facili- STROYED OR STOLEN.— (2) by adding at the end the following new ties with minimal additional resources. ‘‘(1) IN GENERAL.—If in any taxable period a subsection: Students enrolled in this program highway motor vehicle is destroyed or stolen ‘‘(b) PENALTY DECISION REGARDING TAX- before the first day of the last month in such ABLE USE OF DYED DIESEL FUEL.—In the ab- would be required to meet certain aca- period and not subsequently used during sence of fraud or mistake in chemical anal- demic standards for which they would such taxable period, the tax shall be reck- ysis or mathematical calculation, if the find- receive reasonable stipends, equivalent oned proportionately from the first day of ings of fact by chemical analysis show the to those provided under the ROTC pro- the month in such period in which the first presence of dye in diesel fuel being used on gram. use of such highway motor vehicle occurs to the highway, the assertion of the penalty During the academic summers, under and including the last day of the month in under section 6715 shall not be subject to ap- this legislation, participants would re- which such highway motor vehicle was de- peal to or review by any other administra- ceive specialized training at under- stroyed or stolen. tive or accounting officer, employee, or utilization Federal and academic facili- ‘‘(2) DESTROYED.—For purposes of para- agent of the United States.’’. graph (1), a highway motor vehicle is de- (b) EFFECTIVE DATE.—The amendments ties, instructed by a faculty composed stroyed if such vehicle is damaged by reason made by this section shall take effect on the of both Federal Government and civil- of an accident or other casualty to such an date of the enactment of this Act. ian instructors. The participants could extent that it is not economic to rebuild.’’. also travel to overseas posts for so- (2) DISPLAY OF TAX CERTIFICATE.—Para- By Mr. HELMS: called ‘‘immersion’’ training in foreign graph (2) of section 4481(d) of such Code (re- S. 3155. A bill to authorize the Presi- languages and cultures at U.S. diplo- lating to one tax liability for period) is dent to establish and maintain the For- matic and military facilities. amended to read as follows: eign Language and Cultural Institute At the beginning of their senior year, ‘‘(2) DISPLAY OF TAX CERTIFICATE.—Every person, agency, or instrumentality which program; to the Committee on Foreign participants would receive offers of em- pays the tax imposed under this section with Relations. ployment from interests Federal agen- respect to a highway motor vehicle shall, not Mr. HELMS. Mr. President, I am cies which they must accept or reject later than October 1 with respect to each today introducing a bill entitled the within 30 days. This would allow their taxable period, receive and display on such Language Mastery Support Act of 2002. processing to be completed by the time vehicle a proof of payment decal.’’. I don’t expect this Senate to act on it they graduate, allowing them to enter (3) CONFORMING AMENDMENTS.— this year, but I hope and believe it can the Federal workforce without the cur- (A) Section 6156 of such Code (relating to serve as a model for the 108th Congress. installment payment of tax on use of high- rent delays attributable to security way motor vehicles) is repealed. This bill addresses the dangerous clearances and administrative proc- (B) The table of sections for subchapter A shortage of government officials who essing. of chapter 62 of such Code is amended by possess critical foreign languages skills The program would be embodied in striking the item relating to section 6156. and expert knowledge of foreign cul- an Institute. This Institute would not

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10892 CONGRESSIONAL RECORD — SENATE November 13, 2002 be composed of bricks and mortar but (9) reduce the underutilization of existing shall be designated by the head of the agency of a nationwide enrollment of students Government and educational facilities; and to serve on the Board. at colleges and universities who would (10) achieve these objectives for a minimal (2) DUTIES OF THE BOARD.—The Board shall, receive specialized training during cost, that would be partially offset by a re- under the supervision of the Chairman— duction in the amount of initial training (A) develop the curriculum of the Insti- their academic summers. The Institute provided by participating agencies for new tute; would be run by a Chairman of the employees. (B) provide policy recommendations to the Board, appointed by the President. The SEC. 3. DEFINITIONS. President regarding the administration of Chairman would be supported by a In this Act: the Institute; Board composed of representatives (1) APPROVED FACILITIES.—The term ‘‘ap- (C) establish procedures for the operation from each of the participating Federal proved facilities’’ means— of the Institute; and agencies. Staff would be minimal and (A) excess Government facilities, including (D) provide oversight for the operation of provided by the participating agencies. former military installations; and the Institute. Each agency would still be able to set (B) institutions of higher education that (3) TERMS.—The term of office for the its own qualifications issue its own em- are underutilized in the summer months. Chairman and for each other member of the Board shall be three years. ployment offers and maintain its own (2) BOARD.—The term ‘‘Board’’ means the Interagency Critical Foreign Languages and (4) COMPENSATION.— security requirements. But it could do Cultures Board established by section 4(c). (A) IN GENERAL.—Except as provided in so in a manner that is competitive (3) CRITICAL FOREIGN LANGUAGES AND CUL- subparagraphs (B) and (C), each member of with private industry employment op- TURES.—The term ‘‘critical foreign languages the Board shall serve without compensation. portunities that are available to grad- and cultures’’ means foreign languages and (B) COMPENSATION OF THE CHAIRMAN.—The uates, after an opportunity to evaluate cultures— Chairman shall be paid at the rate of basic potential employees throughout the (A) identified by the Board as necessary for pay for positions classified at level III of the course of their involvement in the In- the effective implementation of United Executive Schedule under section 5314 of stitute and with the added benefit of States national security policy; and title 5, United States Code. (C) TRAVEL EXPENSES.—The members of the financial incentive that the Insti- (B) with respect to which there exists a shortage of skilled personnel among the per- the Board shall be allowed travel expenses, tute would provide. sonnel of participating agencies. including per diem in lieu of subsistence, at This program will broaden the pool of (4) INSTITUTE.—The term ‘‘Institute’’ rates authorized for employees of agencies available candidates for Federal em- means the program established under section under subchapter I of chapter 57 of title 5, ployment, allow Federal agencies to 4(a). United States Code, while away from their compete efficiently for these skilled (5) INSTITUTION OF HIGHER EDUCATION.—The homes or regular places of business in the language specialists and make Federal term ‘‘institution of higher education’’ has performance of service for the Board. employment more attractive. the meaning given the term in section 101(a) (5) ADMINISTRATIVE SUPPORT.—The Sec- So far, we have avoided serious con- of the Higher Education Act of 1965 (20 U.S.C. retary of State shall provide such staff per- 1001(a)). sonnel and other administrative services as sequences from the lack of language may be necessary to support the Board. Ad- skills in the Federal Government. This (6) PARTICIPANT.—The term ‘‘participant’’ means a person who is enrolled in the Insti- ditional staff may be provided by partici- bill constitutes a new approach to this tute. pating agencies. problem. It is long overdue and des- (7) PARTICIPATING AGENCY.—The term ‘‘par- SEC. 5. PROGRAM DESCRIPTION. perately needed. I ask that each of my ticipating agency’’ means the Department of (a) REGULAR PROGRAM.—Each participant colleagues give it prompt and serious State, the Department of Defense, the Cen- in the Institute shall undertake a program of consideration. tral Intelligence Agency, the Defense Intel- study and training in critical foreign lan- I ask unanimous consent that the ligence Agency, the National Security Agen- guages and cultures that shall primarily context of the bill be printed in the cy, and the Federal Bureau of Investigation. sist of courses of study or training taken at (8) PARTICIPATION AGREEMENT.—The term RECORD. accredited institutions of higher learning There being no objection, the bill was ‘‘participation agreement’’ means an agree- during the normal academic year. ment between the Institute and a person oth- (b) SUPPLEMENTAL INSTRUCTION.— ordered to be printed in the RECORD, as erwise eligible for enrollment in the Insti- (1) IN GENERAL.—The program described in follows: tute under which— subsection (a) shall be supplemented by in- S. 3155 (A) the person agrees— struction at Institute facilities approved by Be it enacted by the Senate and House of Rep- (i) to respond to any offer of employment the Board, at least one of which shall be lo- resentatives of the United States of America in extended by a participating agency, not later cated in each major geographic region in the Congress assembled, than 30 days after the commencement of the United States. SECTION 1. SHORT TITLE. participant’s final academic year, by accept- (2) PROGRAM PERIODS.—Such supplemental This Act may be cited as the ‘‘Language ing or rejecting such employment; and instruction shall be given through the Insti- Mastery Support Act of 2002’’. (ii) to serve in that agency for a period not tute during specified periods in each of three SEC. 2. PURPOSE. less than the period specified in the agree- consecutive years, as follows: The purpose of this Act is to establish a ment; and (A) For the first year of participation, program of study and overseas training in (B) the Institute agrees to provide the al- courses of study taken during the summer critical foreign languages and cultures, in- lowances established by the Board pursuant period between the participant’s sophomore cluding the establishment of a Foreign Lan- to section 4(g)(1). and junior undergraduate years. guage and Cultural Institute, in order to— SEC. 4. ESTABLISHMENT OF THE INSTITUTE. (B) For the second year of participation, (1) increase in Federal Government service (a) IN GENERAL.—To carry out the purpose courses of study or training which may in- the number of persons possessing critical of section 2, the President is authorized to clude training at diplomatic missions or con- skills that are in short supply; establish and maintain a study and training sular posts, taken during the summer period (2) create a pool of prospective candidates program described in section 5 that shall be between the participant’s junior and senior for employment in those agencies of the Fed- known as the ‘‘Foreign Language and Cul- undergraduate years or at such times as the eral Government that rely on significant lev- tural Institute’’. Board may determine. els of overseas assignments; (b) IMPLEMENTATION.—The President shall (C) For the third year of participation, (3) provide monetary and employment in- exercise the authority of subsection (a) courses of study, or training which may incentives for candidates to participate in the through the Interagency Critical Foreign clude training at diplomatic or consular program; Languages and Cultures Board established in posts, taken during the summer period that (4) facilitate the identification of potential subsection (c). follows award of a baccalaureate or equiva- Federal Government employees with the (c) ESTABLISHMENT OF INTERAGENCY lent degree to the participant or at such pool of prospective candidates; BOARD.— times as the Board may determine. (5) provide additional opportunities for (1) ESTABLISHMENT.—There is established (3) ADDITIONAL ACTIVITIES.—Supplemental candidate development and evaluation; an Interagency Critical Foreign Languages instruction under this subsection may in- (6) substantially shorten the delay between and Cultures Board that shall consist of clude such other activities as the Board may identification of a desirable candidate and seven members, as follows: determine. The Board may modify the in- entry upon service by the candidate; (A) One member appointed by the Presi- struction provided for under subparagraph (7) minimize the necessity for training dur- dent from among individuals in the private (A), (B), or (C) of paragraph (2). ing the initial period of employment; sector having expertise in matters within (c) ELIGIBILITY.—To be enrolled as a partic- (8) provide for ‘‘cross-fertilization’’ the purpose of this Act, who shall serve as ipant in the Institute a person shall— through the incorporation of both private Chairman of the Board. (1) be a citizen of the United States; sector and Government instructors in the (B) Six members, of whom one each shall (2) be enrolled as a sophomore, junior, or faculty of the Institute; be an official of a participating agency, who senior in an institution of higher education

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10893 or graduate of such an institution during the (3) provides statistical data on— Whereas the American Jewish community preceding year; (A) the number of applicants for participa- is an equal participant in the religious life of (3) be selected for participation in the In- tion in the Institute; our Nation; stitute under procedures prescribed by the (B) the number of participants enrolled in Whereas American Jews have fought val- Board; and the Institute; iantly for the United States in every one of (4) have entered into a participation agree- (C) the number of participants who have our Nation’s military struggles, from the ment pursuant to procedures established by successfully completed the Institute pro- American Revolution to Operation Enduring the Board. gram; Freedom; (d) CONDITIONAL OFFER OF EMPLOYMENT.— (D) the number of employment offers ex- Whereas not less than 16 American Jews (1) IN GENERAL.—If a participating agency tended to participants from participating have received the Medal of Honor; elects to employ a participant, the agency agencies; Whereas 2004 marks the 350th anniversary shall extend to the participant, not later (E) the number of employment offers ac- of the American Jewish community; than the commencement of the final aca- cepted by participants; Whereas the Library of Congress, the Na- demic year of the participant, an offer of em- (F) the costs associated with the oper- tional Archives and Records Administration, ployment in the agency conditioned upon ations of the Institute, together with an the American Jewish Historical Society, and satisfactory completion of the Institute pro- itemization of the costs associated with the the Jacob Rader Marcus Center of the Amer- gram by the participant as specified in the operations of the Board; and ican Jewish Archives have formed ‘‘The participation agreement. (G) any other information that the Chair- Commission for Commemorating 350 Years of (2) STATUTORY CONSTRUCTION.—Nothing in man of the Board determines to be useful for American Jewish History’’ (referred to in this Act is intended to alter or restrict any evaluating the operations of the Institute. this resolution as the ‘‘Commission’’) to qualifications for employment established by SEC. 7. AUTHORIZATION OF APPROPRIATIONS. mark this historic milestone; any of the participating agencies. (a) IN GENERAL.—There is authorized to be Whereas the Commission will use the com- (e) SUCCESSFUL COMPLETION.—The Board appropriated to the President $7,500,000 for bined resources of its participants to pro- shall establish criteria to be met by partici- the fiscal year 2003 to carry out this Act. mote the celebration of the Jewish experi- pants the satisfaction of which shall entitle (b) AVAILABILITY OF FUNDS.—Amounts ap- ence in the United States throughout 2004; participants to a certificate acknowledging propriated pursuant to subsection (a) are au- and their satisfactory completion of the Insti- Whereas the Commission is designating tute program. thorized to remain available until expended. September 2004 as ‘‘American Jewish History (f) CURRICULUM.— f Month’’: Now, therefore, be it (1) IN GENERAL.—The Board shall develop SUBMITTED RESOLUTIONS the Institute curriculum and shall assign Resolved by the Senate (the House of Rep- such personnel provided under section 4(c)(4) resentatives concurring), That Congress— as may be necessary for instruction under (1) honors and recognizes— the curriculum and for adequate administra- SENATE RESOLUTION 355—EX- (A) the 350th anniversary of the American tive support. In addition, the Board is au- TENDING THE AUTHORITIES RE- Jewish community; and thorized under section 3109(b) of title 5, LATING TO THE SENATE NA- (B) ‘‘The Commission for Commemorating United States Code, to enter into contracts TIONAL SECURITY WORKING 350 Years of American Jewish History’’ and with instructors employed at institutions of GROUP its efforts to plan, coordinate, and execute commemorative events celebrating 350 years higher education or equivalent institutions Mr. DASCHLE (for himself and Mr. and for other services necessary to provide of American Jewish history; for the establishment and operation of the LOTT) submitted the following resolu- (2) supports the designation of an ‘‘Amer- Institute. tion; which was considered and agreed ican Jewish History Month’’; and (3) urges all Americans to share in this (2) SUPPLEMENTAL INSTRUCTION.—With the to: commemoration so as to have a greater ap- prior approval of the Board, a participant S. RES. 355 may enroll in courses of study at institu- preciation of the role the American Jewish Resolved, That Senate Resolution 105 of the community has had in helping to defend and tions of higher education with advanced syl- One Hundred First Congress, agreed to April labi in foreign affairs, languages, economics, further the liberties and freedom of all 13, 1989, as amended by Senate Resolution 383 Americans. religion, art, and history in lieu of one of the of the One Hundred Sixth Congress, agreed periods of instruction provided for under to October 27, 2000, is further amended by paragraph (1), (2), or (3) of subsection (b). adding at the end the following new section: SENATE CONCURRENT RESOLU- (g) FINANCIAL ASSISTANCE.— ‘‘SEC. 4. The provisions of this resolution (1) STIPEND.—The Board shall establish a TION 157—EXPRESSING THE shall remain in effect until December 31, SENSE OF CONGRESS THAT schedule of stipends to be provided to pro- 2004.’’. gram participants to offset the costs of tui- UNITED STATES DIPLOMATIC tion, fees, and books, not to exceed the com- MISSIONS SHOULD PROVIDE THE SENATE CONCURRENT RESOLU- parable allowances established for the Re- FULL AND COMPLETE PROTEC- TION 156—RECOGNIZING AND serve Officer Training Corps pursuant to sec- TION OF THE UNITED STATES TO HONORING AMERICA’S JEWISH tion 209 of title 37, United States Code. CERTAIN CITIZENS OF THE (2) DEBT RELIEF.— COMMUNITY ON THE OCCASSION UNITED STATES LIVING ABROAD (A) IN GENERAL.—The head of a partici- OF ITS 350TH ANNIVERSARY, pating agency that employs an individual SUPPORTING THE DESIGNATION Mrs. LINCOLN submitted the fol- who has satisfactorily completed the Insti- OF AN ‘‘AMERICAN JEWISH HIS- lowing concurrent resolution; which tute program is authorized to provide for the TORY MONTH’’, AND FOR OTHER was referred to the Committee on For- repayment of student loans made to the par- eign Relations: ticipant for expenses incurred while the par- PURPOSES ticipant was enrolled in the Institute. Mr. VOINOVICH (for himself and Mr. S. CON. RES. 157 (B) FACTORS FOR EXERCISE OF DISCRETION.— DEWINE) submitted the following con- Whereas there are numerous cases in which In determining whether, or to what extent, current resolution; which was referred citizens of the United States are prevented from leaving Saudi Arabia against their will to provide loan repayment under subpara- to the Committee on the Judiciary: graph (A), the head of the participating or in violation of United States law; agency shall consider the individual’s length S. CON. RES. 156 Whereas Amjad Radwan and Rasheed of Government service, acceptance of hard- Whereas in 1654, Jewish refugees from Radwan, 2 United States citizens, were pre- ship postings, possession of critical foreign Brazil arrived on North American shores and vented from leaving Saudi Arabia by their languages and cultural skills, and pro- formally established North America’s first Saudi-national father in 1985; ficiency in critical foreign languages. Jewish community in New Amsterdam, now Whereas Monica Stowers, the mother of SEC. 6. ANNUAL REPORT. New York City; Amjad Radwan and Rasheed Radwan and a Not later than December 1 of each year, Whereas America welcomed Jews among United States citizen, traveled to Saudi Ara- the Chairman of the Board shall submit to the millions of immigrants that streamed bia in November 1990 and heard directly from the Committee on Foreign Relations of the through our Nation’s history; her children of the physical and sexual abuse Senate and the Committee on International Whereas the waves of Jewish immigrants they had endured there; Relations of the House of Representatives a arriving in America helped shape our Nation; Whereas upon learning of the abuse, Ms. report that— Whereas the American Jewish community Stowers brought her children to the United (1) summarizes the activities of the Insti- has been intimately involved in our Nation’s States Embassy in Riyadh, displayed their tute over the previous academic year ending civic, social, economic, and cultural life; United States passports, and sought the pro- on September 30; Whereas the American Jewish community tection of the Embassy and assistance in re- (2) describes the programs planned for the has sought to actualize the broad principles turning home to the United States; current and succeeding two academic years; of liberty and justice that are enshrined in Whereas personnel from the Department of and the Constitution of the United States; State told Ms. Stowers and her children that

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the Embassy was ‘‘not a hotel’’ and urged (for himself, Mr. MILLER, Mr. MCCONNELL, SEC. 730. ESTABLISHMENT OF HUMAN RE- them to leave; Mr. THOMPSON, Mr. STEVENS, Mr. HAGEL, Mr. SOURCES MANAGEMENT SYSTEM. Whereas personnel from the Department of HUTCHINSON, and Mr. BUNNING) to the amend- (a) AUTHORITY.— State informed Ms. Stowers’ ex-husband, ment SA 4471 proposed by Mr. LIEBERMAN to (1) SENSE OF CONGRESS.—It is the sense of without her permission and in total dis- the bill H.R. 5005, supra; which was ordered Congress that— regard for her safety, that she and her chil- to lie on the table. (A) it is extremely important that employ- dren were in the Embassy; SA 4900. Mr. FEINGOLD proposed an ees of the Department be allowed to partici- Whereas personnel from the Department of amendment to the bill H.R. 5005, supra. pate in a meaningful way in the creation of State ordered United States Marines to SA 4901. Mr. THOMPSON (for Mr. GRAMM any human resources management system physically eject Ms. Stowers and her chil- (for himself, Mr. MILLER, Mr. THOMPSON, Mr. affecting them; dren from the Embassy; BARKLEY, and Mr. VOINOVICH)) proposed an (B) such employees have the most direct Whereas following her ejection, Ms. amendment to the bill H.R. 5005, supra. knowledge of the demands of their jobs and Stowers was arrested for refusing to leave SA 4902. Mr. LIEBERMAN (for himself, Mr. have a direct interest in ensuring that their Saudi Arabia without her children and sent MCCAIN, and Mr. NELSON, of Nebraska) pro- human resources management system is con- posed an amendment to amendment SA 4901 to a women’s prison; ducive to achieving optimal operational effi- proposed by Mr. THOMPSON (for Mr. GRAMM Whereas the current Ambassador to Saudi ciencies; (for himself, Mr. MILLER, Mr. THOMPSON, Mr. Arabia, Robert W. Jordan, has pledged that (C) the 21st century human resources man- BARKLEY, and Mr. VOINOVICH) to the bill H.R. no United States citizen will be similarly re- agement system envisioned for the Depart- 5005, supra. ment should be one that benefits from the moved from the Embassy while he is ambas- SA 4903. Mr. DURBIN (for Mr. DORGAN (for input of its employees; and sador; himself, Mr. ENSIGN, Mr. HOLLINGS, and Mr. (D) this collaborative effort will help se- Whereas American women in Saudi Arabia ALLEN)) submitted an amendment intended cure our homeland. have directly informed Members of Congress to be proposed by Mr. Durbin to the bill H.R. (2) IN GENERAL.—Subpart I of part III of of the physical abuse inflicted upon them by 3833, to facilitate the creation of a new, sec- title 5, United States Code, is amended by their Saudi husbands, the lack of support or ond-level Internet domain within the United adding at the end the following: protection for battered women in Saudi soci- States country code domain that will be a ety, and the inability to leave Saudi Arabia ‘‘CHAPTER 97—DEPARTMENT OF haven for material that promotes positive HOMELAND SECURITY with their children unless their husbands experiences for children and families using ‘‘Sec. give permission; the Internet, provides a safe online environ- Whereas these women and personnel from ‘‘9701. Establishment of human resources ment for children, and helps to prevent chil- management system by the the Department of State estimate that there dren from being exposed to harmful material are hundreds of abused American women in Secretary. on the Internet, and for other purposes. ‘‘9702. Establishment of human resources Saudi Arabia who do not report their cases SA 4904. Mr. DURBIN (for Mr. MCCAIN (for due to fear and hopelessness; management system by the himself and Mr. HOLLINGS)) proposed an President. Whereas many of these abused American amendment to the bill H.R. 3609, to amend women do not attempt to escape for fear title 49, United States Code, to enhance the ‘‘§ 9701. Establishment of human resources that failure would result in death or serious security and safety of pipelines. management system by the Secretary bodily injury to them and their children; SA 4905. Mr. DURBIN (for Mr. THOMPSON) ‘‘(a) IN GENERAL.—Notwithstanding any Whereas abused American women in Saudi proposed an amendment to the bill S. 3067, to other provision of this part, the Secretary of Arabia are discouraged from seeking assist- amend title 44, United States Code, to extend Homeland Security may, in regulations pre- ance from the United States Embassy or con- certain Government information security re- scribed jointly with the Director of the Of- sulate in escaping with their children and form for one year, and for other purposes. fice of Personnel Management, establish, and from time to time adjust, a human resources are told that nothing can be done for them; f Whereas many of these women and their management system for some or all of the children are denied religious freedoms and TEXT OF AMENDMENTS organizational units of the Department of other basic human rights while detained in Homeland Security. SA 4898. Mr. SPECTER submitted an ‘‘(b) SYSTEM REQUIREMENTS.—Any system Saudi Arabia; amendment intended to be proposed to established under subsection (a) shall— Whereas a primary purpose of United amendment SA 4738 proposed by Mr. ‘‘(1) be flexible; States diplomatic missions is to protect the ‘‘(2) be contemporary; interests of United States citizens; GRAMM (for himself, Mr. MILLER, Mr. ‘‘(3) not waive, modify, or otherwise af- Whereas international law recognizes cer- MCCONNELL, Mr. THOMPSON, Mr. STE- fect— tain privileges and immunities for United VENS, Mr. HAGEL, Mr. HUTCHINSON, and ‘‘(A) the public employment principles of States embassies, ambassadors’ residences, Mr. BUNNING) to the amendment SA merit and fitness set forth in section 2301, in- and consulates; and IEBERMAN 4471 proposed by Mr. L to the cluding the principles of hiring based on Whereas such privileges and immunities bill H.R. 5005, to establish the Depart- merit, fair treatment without regard to po- enable United States diplomatic personnel to ment of Homeland Security, and for litical affiliation or other nonmerit consider- provide sanctuary to United States citizens other purposes; which was ordered to ations, equal pay for equal work, and protec- abroad: Now, therefore, be it tion of employees against reprisal for whis- Resolved by the Senate (the House of Rep- lie on the table; as follows: tleblowing; resentatives concurring), That it is the sense On page 24, strike line 4 and insert the fol- ‘‘(B) any provision of section 2302, relating of Congress that United States diplomatic lowing: to prohibited personnel practices; and counselor missions should provide the (19) On behalf of the Secretary, subject to ‘‘(C)(i) any provision of law referred to in full and complete protection of the United disapproval by the President, to direct the section 2302(b)(1); or States to citizens of the United States who— agencies described under subsection (f)(2) to ‘‘(ii) any provision of law implementing (1) are living or traveling abroad; provide intelligence information, analyses of any provision of law referred to in section (2) are victims of international child ab- intelligence information, and such other in- 2302(b)(1) by— duction, domestic violence, or sexual abuse; telligence-related information as the Assist- ‘‘(I) providing for equal employment oppor- and ant Secretary for Information Analysis de- tunity through affirmative action; or (3) seek sanctuary in a United States diplo- termines necessary. ‘‘(II) providing any right or remedy avail- matic or counselor mission. (20) To perform such other duties relating to able to any employee or applicant for em- f ployment in the civil service; AMENDMENTS SUBMITTED AND SA 4899. Mr. SPECTER submitted an ‘‘(D) any other provision of this part (as PROPOSED amendment intended to be proposed to described in subsection (c)); or ‘‘(E) any rule or regulation prescribed SA 4898. Mr. SPECTER submitted an amendment SA 4738 proposed by Mr. under any provision of law referred to in any amendment intended to be proposed to GRAMM (for himself, Mr. MILLER, Mr. of the preceding subparagraphs of this para- amendment SA 4738 proposed by Mr. GRAMM MCCONNELL, Mr. THOMPSON, Mr. STE- graph; (for himself, Mr. MILLER, Mr. MCCONNELL, VENS, Mr. HAGEL, Mr. HUTCHINSON, and ‘‘(4) ensure that employees may organize, Mr. THOMPSON, Mr. STEVENS, Mr. HAGEL, Mr. Mr. BUNNING) to the amendment SA bargain collectively, and participate through HUTCHINSON, and Mr. BUNNING) to the amend- 4471 proposed by Mr. LIEBERMAN to the labor organizations of their own choosing in ment SA 4471 proposed by Mr. LIEBERMAN to bill H.R. 5005, to establish the Depart- decisions which affect them, subject to any the bill H.R. 5005, to establish the Depart- ment of Homeland Security, and for exclusion from coverage or limitation on ne- ment of Homeland Security, and for other gotiability established by law; and purposes; which was ordered to lie on the other purposes; which was ordered to ‘‘(5) permit the use of a category rating table. lie on the table; as follows: system for evaluating applicants for posi- SA 4899. Mr. SPECTER submitted an On page 96, strike line 2 and all that fol- tions in the competitive service. amendment intended to be proposed to lows through page 109, line 13, and insert the ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The amendment SA 4738 proposed by Mr. GRAMM following: other provisions of this part, as referred to

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in subsection (b)(3)(D), are (to the extent not accorded exclusive recognition, representa- (b) EFFECT ON PERSONNEL.— otherwise specified in subparagraph (A), (B), tion by individuals designated or from (1) NONSEPARATION OR NONREDUCTION IN (C), or (D) of subsection (b)(3))— among individuals nominated by such orga- GRADE OR COMPENSATION OF FULL-TIME PER- ‘‘(1) subparts A, B, E, G, and H of this part; nization; SONNEL AND PART-TIME PERSONNEL HOLDING and ‘‘(B) in the case of any employees who are PERMANENT POSITIONS.—Except as otherwise ‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and not within such a unit, representation by provided in this Act, the transfer pursuant to 79, and this chapter. any appropriate organization which rep- this Act of full-time personnel (except spe- ‘‘(d) LIMITATIONS RELATING TO PAY.—Noth- resents a substantial percentage of those em- cial Government employees) and part-time ing in this section shall constitute author- ployees or, if none, in such other manner as personnel holding permanent positions shall ity— may be appropriate, consistent with the pur- not cause any such employee to be separated ‘‘(1) to modify the pay of any employee poses of the subsection; and or reduced in grade or compensation for one who serves in— ‘‘(C) the selection of representatives in a year after the date of transfer to the Depart- ‘‘(A) an Executive Schedule position under manner consistent with the relative number ment. subchapter II of chapter 53 of title 5, United of employees represented by the organiza- (2) POSITIONS COMPENSATED IN ACCORDANCE States Code; or tions or other representatives involved. WITH EXECUTIVE SCHEDULE.—Any person who, ‘‘(B) a position for which the rate of basic ‘‘(f) PROVISIONS RELATING TO APPELLATE on the day preceding such person’s date of pay is fixed in statute by reference to a sec- PROCEDURES.— transfer pursuant to this Act, held a position tion or level under subchapter II of chapter ‘‘(1) SENSE OF CONGRESS.—It is the sense of compensated in accordance with the Execu- 53 of such title 5; Congress that— tive Schedule prescribed in chapter 53 of ‘‘(2) to fix pay for any employee or position ‘‘(A) employees of the Department are entitle 5, United States Code, and who, without at an annual rate greater than the maximum titled to fair treatment in any appeals that a break in service, is appointed in the De- amount of cash compensation allowable they bring in decisions relating to their em- partment to a position having duties com- under section 5307 of such title 5 in a year; or ployment; and parable to the duties performed immediately ‘‘(3) to exempt any employee from the ap- ‘‘(B) in prescribing regulations for any preceding such appointment shall continue plication of such section 5307. such appeals procedures, the Secretary and to be compensated in such new position at ‘‘(e) PROVISIONS TO ENSURE COLLABORATION the Director of the Office of Personnel Man- not less than the rate provided for such posi- WITH EMPLOYEE REPRESENTATIVES.— agement— tion, for the duration of the service of such ‘‘(1) IN GENERAL.—In order to ensure that ‘‘(i) should ensure that employees of the person in such new position. the authority of this section is exercised in Department are afforded the protections of (3) COORDINATION RULE.—Any exercise of collaboration with, and in a manner that en- due process; and authority under chapter 97 of title 5, United sures the direct participation of employee ‘‘(ii) toward that end, should be required to States Code (as amended by subsection (a)), representatives in the planning development, consult with the Merit Systems Protection including under any system established and implementation of any human resources Board before issuing any such regulations. under such chapter, shall be in conformance management system or adjustments under ‘‘(2) REQUIREMENTS.—Any regulations with the requirements of this subsection. this section, the Secretary and the Director under this section which relate to any mat- of the Office of Personnel Management shall ters within the purview of chapter 77— SEC. 731. LABOR-MANAGEMENT RELATIONS. provide for the following: ‘‘(A) shall be issued only after consultation (a) EXCLUSIONARY AUTHORITY.— ‘‘(A) NOTICE OF PROPOSAL.— The Secretary with the Merit Systems Protection Board; (1) IN GENERAL.—Subject to paragraph (2), and the Director shall, with respect to any ‘‘(B) shall ensure the availability of proce- the President may issue an order excluding proposed system or adjustment— dures which shall— any executive agency, or subdivision thereof, ‘‘(i) provide to each employee representa- ‘‘(i) be fully consistent with requirements from coverage under chapter 71 of title 5, tive representing any employees who might of due process; and United States Code, if the President deter- be affected, a written description of the pro- ‘‘(ii) provide, to the maximum extent prac- mines that— posed system or adjustment (including the ticable, for the expeditious handling of any (A) the agency or subdivision has, as a pri- reasons why it is considered necessary); matters involving the Department; and mary function, intelligence, counterintel- ‘‘(ii) give each representative at least 60 ‘‘(C) shall modify procedures under chapter ligence, investigative, or national security days (unless extraordinary circumstances re- 77 only insofar as such modifications are de- work; and quire earlier action) to review and make rec- signed to further the fair, efficient, and expe- (B) the provisions of such chapter 71 can- ommendations with respect to the proposal; ditious resolution of matters involving the not be applied to that agency or subdivision and employees of the Department. in a matter consistent with national secu- ‘‘(iii) give any recommendations received ‘‘(g) SUNSET PROVISION.—Effective 5 years rity requirements and considerations. from any such representatives under clause after the conclusion of the transition period (2) ADDITIONAL DETERMINATION.—In addi- (ii) full and fair consideration in deciding defined under section 801 of the Homeland tion to the requirements under paragraph whether or how to proceed with the proposal. Security Act of 2002, all authority to issue (1), the President may issue an order exclud- ‘‘(B) PREIMPLEMENTATION REQUIREMENTS.— regulations under this section (including reg- ing any executive agency, or subdivision If the Secretary and the Director decide to ulations which would modify, supersede, or thereof, transferred to the Department under implement a proposal described in subpara- terminate any regulations previously issued this Act, from coverage under chapter 71 of graph (A), they shall before implementa- under this section and section 9702) shall title 5, United States Code, only if the Presi- tion— cease to be available. dent determines that— ‘‘(i) give each representative details of the ‘‘§ 9702. Establishment of human resources (A) the mission and responsibilities of the decision to implement the proposal, together management system by the President agency or subdivision materially change; and with the information upon which the deci- ‘‘The authority under section 9701 to estab- (B) a majority of the employees within sion is based; lish a human resources management system such agency or subdivision have, as their pri- ‘‘(ii) give each representative an oppor- shall be exercised only when the President mary duty, intelligence, counterintelligence, tunity to make recommendations with re- issues an order determining that— or investigative work directly related to ter- spect to the proposal; and ‘‘(1) the affected agency or subdivision has, rorism investigation. ‘‘(iii) give such recommendation full and as a primary function, intelligence, counter- (3) EXCLUSIONS ALLOWABLE.—Nothing in fair consideration, including the providing of intelligence, investigative, or national secu- paragraph (1) or (2) shall affect the effective- reasons to an employee representative if any rity work; ness of any order to the extent that such of its recommendations are rejected. ‘‘(2) the provisions of chapter 43, 51, 53, 71, order excludes any portion of an agency or ‘‘(C) CONTINUING COLLABORATION.—If a pro- 75, or 77 cannot be applied to that agency or subdivision of an agency as to which— posal described in subparagraph (A) is imple- subdivision in a manner consistent with na- (A) recognition as an appropriate unit has mented, the Secretary and the Director tional security requirements and consider- never been conferred for purposes of chapter shall— ations; 71 of title 5, United States Code; or ‘‘(i) develop a method for each employee ‘‘(3) the mission and responsibilities of the (B) any such recognition has been revoked representative to participate in any further affected agency or subdivision have materi- or otherwise terminated as a result of a de- planning or development which might be- ally changed; and termination under subsection (b)(1). come necessary; and ‘‘(4) a majority of the employees within (b) PROVISIONS RELATING TO BARGAINING ‘‘(ii) give each employee representative that agency or subdivision have, as their pri- UNITS.—Each unit, which is recognized as an adequate access to information to make that mary duty, intelligence, counterintelligence, appropriate unit for purposes of chapter 71 of participation productive. or investigative work directly related to ter- title 5, United States Code, as of the day be- ‘‘(2) PROCEDURES.—Any procedures nec- rorism investigation.’’. fore the effective date of this Act (and any essary to carry out this subsection shall be (3) CLERICAL AMENDMENT.—The table of subdivision of any such unit) shall, if such established by the Secretary and the Direc- chapters for part III of title 5, United States unit (or subdivision) is transferred to the De- tor jointly. Such procedures shall include Code, is amended by adding at the end of the partment under this Act, continue to be so measures to ensure— following: recognized for such purposes, unless— ‘‘(A) in the case of employees within a unit ‘‘97. Department of Homeland Secu- (1) the mission and responsibilities of the with respect to which a labor organization is rity ...... 9701’’. personnel in such unit (or subdivision), or

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10896 CONGRESSIONAL RECORD — SENATE November 13, 2002 the threats of domestic terrorism being ad- Sec. 232. Mission of office; duties. Sec. 428. Visa issuance. dressed by the personnel in such unit (or sub- Sec. 233. Definition of law enforcement tech- Sec. 429. Information on visa denials re- division), materially change; and nology. quired to be entered into elec- (2) a substantial number of the employees Sec. 234. Abolishment of Office of Science tronic data system. within such unit (or subdivision) have as and Technology of National In- Sec. 430. Office for Domestic Preparedness. their primary duty intelligence, counter- stitute of Justice; transfer of Subtitle D—Immigration Enforcement intelligence, or investigative work directly functions. Functions related to terrorism investigation. Sec. 235. National Law Enforcement and Sec. 441. Transfer of functions to Under Sec- (c) COORDINATION RULE.—No other provi- Corrections Technology Cen- retary for Border and Transpor- sion of this Act or of any amendment made ters. tation Security. by this Act may be construed or applied in a Sec. 236. Coordination with other entities Sec. 442. Establishment of Bureau of Border manner so as to limit, supersede, or other- within Department of Justice. Security. wise affect the provisions of this section, ex- Sec. 237. Amendments relating to National Sec. 443. Professional responsibility and cept to the extent that it does so by specific Institute of Justice. quality review. reference to this section. TITLE III—SCIENCE AND TECHNOLOGY IN Sec. 444. Employee discipline. SA 4900. Mr. FEINGOLD proposed an SUPPORT OF HOMELAND SECURITY Sec. 445. Report on improving enforcement amendment to the bill H.R. 5005, to es- Sec. 301. Under Secretary for Science and functions. tablish the Department of Homeland Technology. Sec. 446. Sense of Congress regarding con- Security, and for other purposes; as fol- Sec. 302. Responsibilities and authorities of struction of fencing near San lows: the Under Secretary for Science Diego, California. At the appropriate place in the bill insert and Technology. Subtitle E—Citizenship and Immigration the following sections: Sec. 303. Functions transferred. Services SEC. . COST OF LIVING ADJUSTMENT FOR MEM- Sec. 304. Conduct of certain public health- Sec. 451. Establishment of Bureau of Citizen- BERS OF CONGRESS. related activities. ship and Immigration Services. Notwithstanding any other provision of Sec. 305. Federally funded research and de- Sec. 452. Citizenship and Immigration Serv- law, no adjustment shall be made under sec- velopment centers. ices Ombudsman. tion 601(a) of the Legislative Reorganization Sec. 306. Miscellaneous provisions. Sec. 453. Professional responsibility and Act of 1946 (2 U.S.C. 31) (relating to cost of Sec. 307. Homeland Security Advanced Re- quality review. living adjustments for Members of Congress) search Projects Agency. Sec. 454. Employee discipline. during fiscal year 2003. Sec. 308. Conduct of research, development, Sec. 455. Effective date. demonstration, testing and Sec. 456. Transition. SA 4901. Mr. THOMPSON (for Mr. evaluation. Sec. 457. Funding for citizenship and immi- GRAMM (for himself, Mr. MILLER, Mr. Sec. 309. Utilization of Department of En- gration services. THOMPSON, Mr. BARKLEY, and Mr. ergy national laboratories and Sec. 458. Backlog elimination. sites in support of homeland se- VOINOVICH)) proposed an amendment to Sec. 459. Report on improving immigration curity activities. the bill H.R. 5005, to establish the De- services. Sec. 310. Transfer of Plum Island Animal Sec. 460. Report on responding to fluc- partment of Homeland Security, and Disease Center, Department of tuating needs. for other purposes; as follows: Agriculture. Sec. 461. Application of Internet-based tech- Strike all after the enacting clause and in- Sec. 311. Homeland Security Science and nologies. sert the following: Technology Advisory Com- Sec. 462. Children’s affairs. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. mittee. Subtitle F—General Immigration Provisions (a) SHORT TITLE.—This Act may be cited as Sec. 312. Homeland Security Institute. Sec. 471. Abolishment of INS. the ‘‘Homeland Security Act of 2002’’. Sec. 313. Technology clearinghouse to en- Sec. 472. Voluntary separation incentive (b) TABLE OF CONTENTS.—The table of con- courage and support innovative payments. tents for this Act is as follows: solutions to enhance homeland Sec. 473. Authority to conduct a demonstra- security. Sec. 1. Short title; table of contents. tion project relating to discipli- Sec. 2. Definitions. TITLE IV—DIRECTORATE OF BORDER nary action. Sec. 3. Construction; severability. AND TRANSPORTATION SECURITY Sec. 4. Effective date. Sec. 474. Sense of Congress. Subtitle A—Under Secretary for Border and Sec. 475. Director of Shared Services. TITLE I—DEPARTMENT OF HOMELAND Transportation Security Sec. 476. Separation of funding. SECURITY Sec. 401. Under Secretary for Border and Sec. 477. Reports and implementation plans. Sec. 101. Executive department; mission. Sec. 478. Immigration functions. Sec. 102. Secretary; functions. Transportation Security. Sec. 103. Other officers. Sec. 402. Responsibilities. TITLE V—EMERGENCY PREPAREDNESS Sec. 403. Functions transferred. AND RESPONSE TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION Subtitle B—United States Customs Service Sec. 501. Under Secretary for Emergency Preparedness and Response. Subtitle A—Directorate for Information Sec. 411. Establishment; Commissioner of Sec. 502. Responsibilities. Analysis and Infrastructure Protection; Customs. Sec. 503. Functions transferred. Access to Information Sec. 412. Retention of customs revenue functions by Secretary of the Treas- Sec. 504. Nuclear incident response. Sec. 201. Directorate for Information Anal- Sec. 505. Conduct of certain public health- ysis and Infrastructure Protec- ury. Sec. 413. Preservation of customs funds. related activities. tion. Sec. 506. Definition. Sec. 202. Access to information. Sec. 414. Separate budget request for customs. Sec. 507. Role of Federal Emergency Man- Subtitle B—Critical Infrastructure agement Agency. Information Sec. 415. Definition. Sec. 416. GAO report to Congress. Sec. 508. Use of national private sector net- Sec. 211. Short title. Sec. 417. Allocation of resources by the Sec- works in emergency response. Sec. 212. Definitions. retary. Sec. 509. Use of commercially available Sec. 213. Designation of critical infrastruc- technology, goods, and services. ture protection program. Sec. 418. Reports to Congress. TITLE VI—TREATMENT OF CHARITABLE Sec. 214. Protection of voluntarily shared Sec. 419. Customs user fees. TRUSTS FOR MEMBERS OF THE ARMED critical infrastructure informa- Subtitle C—Miscellaneous Provisions FORCES OF THE UNITED STATES AND tion. Sec. 421. Transfer of certain agricultural in- Sec. 215. No private right of action. OTHER GOVERNMENTAL ORGANIZA- spection functions of the De- TIONS Subtitle C—Information Security partment of Agriculture. Sec. 601. Treatment of charitable trusts for Sec. 221. Procedures for sharing informa- Sec. 422. Functions of Administrator of Gen- members of the Armed Forces tion. eral Services. Sec. 222. Privacy Officer. Sec. 423. Functions of Transportation Secu- of the United States and other Sec. 223. Enhancement of non-Federal cyber- rity Administration. governmental organizations. security. Sec. 424. Preservation of Transportation Se- TITLE VII—MANAGEMENT Sec. 224. Net guard. curity Administration as a dis- Sec. 701. Under Secretary for Management. Sec. 225. Cyber Security Enhancement Act tinct entity. Sec. 702. Chief Financial Officer. of 2002. Sec. 425. Explosive detection systems. Sec. 703. Chief Information Officer. Subtitle D—Office of Science and Sec. 426. Transportation security. Sec. 704. Chief Human Capital Officer. Technology Sec. 427. Coordination of information and in- Sec. 705. Establishment of Officer for Civil Sec. 231. Establishment of office; Director. formation technology. Rights and Civil Liberties.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0655 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10897 Sec. 706. Consolidation and co-location of of- Sec. 886. Sense of Congress reaffirming the Sec. 1125. Destruction of property of institu- fices. continued importance and ap- tions receiving Federal finan- TITLE VIII—COORDINATION WITH NON- plicability of the Posse Com- cial assistance. FEDERAL ENTITIES; INSPECTOR GEN- itatus Act. Sec. 1126. Relief from disabilities. ERAL; UNITED STATES SECRET SERV- Sec. 887. Coordination with the Department Sec. 1127. Theft reporting requirement. ICE; COAST GUARD; GENERAL PROVI- of Health and Human Services Sec. 1128. Authorization of appropriations. SIONS under the Public Health Service TITLE XII—AIRLINE WAR RISK Act. Subtitle A—Coordination with Non-Federal INSURANCE LEGISLATION Sec. 888. Preserving Coast Guard mission Entities Sec. 1201. Air carrier liability for third party performance. claims arising out of acts of Sec. 801. Office for State and Local Govern- Sec. 889. Homeland security funding anal- ment Coordination. terrorism. ysis in President’s budget. Sec. 1202. Extension of insurance policies. Subtitle B—Inspector General Sec. 890. Air Transportation Safety and Sys- Sec. 1203. Correction of reference. Sec. 811. Authority of the Secretary. tem Stabilization Act. Sec. 1204. Report. Sec. 812. Law enforcement powers of Inspec- Subtitle I—Information Sharing TITLE XIII—FEDERAL WORKFORCE tor General agents. Sec. 891. Short title; findings; and sense of IMPROVEMENT Subtitle C—United States Secret Service Congress. Subtitle A—Chief Human Capital Officers Sec. 892. Facilitating homeland security in- Sec. 821. Functions transferred. Sec. 1301. Short title. formation sharing procedures. Subtitle D—Acquisitions Sec. 1302. Agency Chief Human Capital Offi- Sec. 893. Report. cers. Sec. 831. Research and development Sec. 894. Authorization of appropriations. Sec. 1303. Chief Human Capital Officers projects. Sec. 895. Authority to share grand jury in- Sec. 832. Personal services. Council. formation. Sec. 1304. Strategic human capital manage- Sec. 833. Special streamlined acquisition au- Sec. 896. Authority to share electronic, wire, thority. ment. and oral interception informa- Sec. 1305. Effective date. Sec. 834. Unsolicited proposals. tion. Sec. 835. Prohibition on contracts with cor- Sec. 897. Foreign intelligence information. Subtitle B—Reforms Relating to Federal porate expatriates. Sec. 898. Information acquired from an elec- Human Capital Management Subtitle E—Human Resources Management tronic surveillance. Sec. 1311. Inclusion of agency human capital Sec. 841. Establishment of Human Resources Sec. 899. Information acquired from a phys- strategic planning in perform- Management System. ical search. ance plans and programs per- Sec. 842. Labor-management relations. TITLE IX—NATIONAL HOMELAND formance reports. SECURITY COUNCIL Sec. 1312. Reform of the competitive service Subtitle F—Federal Emergency hiring process. Procurement Flexibility Sec. 901. National Homeland Security Coun- Sec. 1313. Permanent extension, revision, Sec. 851. Definition. cil. and expansion of authorities for Sec. 852. Procurements for defense against Sec. 902. Function. use of voluntary separation in- or recovery from terrorism or Sec. 903. Membership. centive pay and voluntary early nuclear, biological, chemical, Sec. 904. Other functions and activities. retirement. or radiological attack. Sec. 905. Staff composition. Sec. 1314. Student volunteer transit subsidy. Sec. 853. Increased simplified acquisition Sec. 906. Relation to the National Security Council. Subtitle C—Reforms Relating to the Senior threshold for procurements in Executive Service support of humanitarian or TITLE X—INFORMATION SECURITY peacekeeping operations or con- Sec. 1321. Repeal of recertification require- Sec. 1001. Information security. ments of senior executives. tingency operations. Sec. 1002. Management of information tech- Sec. 854. Increased micro-purchase threshold Sec. 1322. Adjustment of limitation on total nology. annual compensation. for certain procurements. Sec. 1003. National Institute of Standards Subtitle D—Academic Training Sec. 855. Application of certain commercial and Technology. items authorities to certain Sec. 1004. Information Security and Privacy Sec. 1331. Academic training. procurements. Advisory Board. Sec. 1332. Modifications to National Secu- Sec. 856. Use of streamlined procedures. Sec. 1005. Technical and conforming amend- rity Education Program. Sec. 857. Review and report by Comptroller ments. TITLE XIV—ARMING PILOTS AGAINST General. Sec. 1006. Construction. TERRORISM Sec. 858. Identification of new entrants into TITLE XI—DEPARTMENT OF JUSTICE Sec. 1401. Short title. the Federal marketplace. DIVISIONS Sec. 1402. Federal Flight Deck Officer Pro- Subtitle G—Support Anti-terrorism by Subtitle A—Executive Office for gram. Fostering Effective Technologies Act of 2002 Immigration Review Sec. 1403. Crew training. Sec. 861. Short title. Sec. 1404. Commercial airline security Sec. 1101. Legal status of EOIR. Sec. 862. Administration. study. Sec. 1102. Authorities of the Attorney Gen- Sec. 863. Litigation management. Sec. 1405. Authority to arm flight deck crew eral. Sec. 864. Risk management. with less-than-lethal weapons. Sec. 1103. Statutory construction. Sec. 865. Definitions. Sec. 1406. Technical amendments. Subtitle B—Transfer of the Bureau of Alco- Subtitle H—Miscellaneous Provisions TITLE XV—TRANSITION hol, Tobacco and Firearms to the Depart- Sec. 871. Advisory committees. ment of Justice Subtitle A—Reorganization Plan Sec. 872. Reorganization. Sec. 1111. Bureau of Alcohol, Tobacco, Fire- Sec. 1501. Definitions. Sec. 873. Use of appropriated funds. arms, and Explosives. Sec. 1502. Reorganization plan. Sec. 874. Future Year Homeland Security Sec. 1112. Technical and conforming amend- Sec. 1503. Review of congressional com- Program. ments. mittee structures. Sec. 875. Miscellaneous authorities. Sec. 1113. Powers of agents of the Bureau of Subtitle B—Transitional Provisions Sec. 876. Military activities. Alcohol, Tobacco, Firearms, Sec. 877. Regulatory authority and preemp- Sec. 1511. Transitional authorities. and Explosives. tion. Sec. 1512. Savings provisions. Sec. 1114. Explosives training and research Sec. 878. Counternarcotics officer. Sec. 1513. Terminations. facility. Sec. 879. Office of International Affairs. Sec. 1514. National identification system not Sec. 1115. Personnel management dem- Sec. 880. Prohibition of the Terrorism Infor- authorized. onstration project. mation and Prevention System. Sec. 1515. Continuity of Inspector General Sec. 881. Review of pay and benefit plans. Subtitle C—Explosives oversight. Sec. 1516. Incidental transfers. Sec. 882. Office for National Capital Region Sec. 1121. Short title. Sec. 1517. Reference. Coordination. Sec. 1122. Permits for purchasers of explo- Sec. 883. Requirement to comply with laws sives. TITLE XVI—CORRECTIONS TO EXISTING protecting equal employment Sec. 1123. Persons prohibited from receiving LAW RELATING TO AIRLINE TRANS- opportunity and providing or possessing explosive mate- PORTATION SECURITY whistleblower protections. rials. Sec. 1601. Retention of security sensitive in- Sec. 884. Federal Law Enforcement Training Sec. 1124. Requirement to provide samples of formation authority at Depart- Center. explosive materials and ammo- ment of Transportation. Sec. 885. Joint Interagency Task Force. nium nitrate. Sec. 1602. Increase in civil penalties.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0655 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10898 CONGRESSIONAL RECORD — SENATE November 13, 2002 Sec. 1603. Allowing United States citizens (C) a rural community, unincorporated (E) ensure that the functions of the agen- and United States nationals as town or village, or other public entity. cies and subdivisions within the Department screeners. (11) The term ‘‘major disaster’’ has the that are not related directly to securing the TITLE XVII—CONFORMING AND meaning given in section 102(2) of the Robert homeland are not diminished or neglected TECHNICAL AMENDMENTS T. Stafford Disaster Relief and Emergency except by a specific explicit Act of Congress; Sec. 1701. Inspector General Act of 1978. Assistance Act (42 U.S.C. 5122). (F) ensure that the overall economic secu- Sec. 1702. Executive Schedule. (12) The term ‘‘personnel’’ means officers rity of the United States is not diminished Sec. 1703. United States Secret Service. and employees. by efforts, activities, and programs aimed at Sec. 1704. Coast Guard. (13) The term ‘‘Secretary’’ means the Sec- securing the homeland; and Sec. 1705. Strategic national stockpile and retary of Homeland Security. (G) monitor connections between illegal smallpox vaccine development. (14) The term ‘‘State’’ means any State of drug trafficking and terrorism, coordinate Sec. 1706. Transfer of certain security and the United States, the District of Columbia, efforts to sever such connections, and other- law enforcement functions and the Commonwealth of Puerto Rico, the Vir- wise contribute to efforts to interdict illegal authorities. gin Islands, Guam, American Samoa, the drug trafficking. Sec. 1707. Transportation security regula- Commonwealth of the Northern Mariana Is- (2) RESPONSIBILITY FOR INVESTIGATING AND tions. lands, and any possession of the United PROSECUTING TERRORISM.—Except as specifi- Sec. 1708. National Bio-Weapons Defense States. cally provided by law with respect to entities Analysis Center. (15) The term ‘‘terrorism’’ means any ac- transferred to the Department under this Sec. 1709. Collaboration with the Secretary tivity that— Act, primary responsibility for investigating of Homeland Security. Sec. 1710. Railroad safety to include railroad (A) involves an act that— and prosecuting acts of terrorism shall be security. (i) is dangerous to human life or poten- vested not in the Department, but rather in Sec. 1711. Hazmat safety to include hazmat tially destructive of critical infrastructure Federal, State, and local law enforcement security. or key resources; and agencies with jurisdiction over the acts in Sec. 1712. Office of Science and Technology (ii) is a violation of the criminal laws of question. the United States or of any State or other Policy. SEC. 102. SECRETARY; FUNCTIONS. Sec. 1713. National Oceanographic Partner- subdivision of the United States; and ship Program. (B) appears to be intended— (a) SECRETARY.— Sec. 1714. Clarification of definition of man- (i) to intimidate or coerce a civilian popu- (1) IN GENERAL.—There is a Secretary of ufacturer. lation; Homeland Security, appointed by the Presi- Sec. 1715. Clarification of definition of vac- (ii) to influence the policy of a government dent, by and with the advice and consent of cine-related injury or death. by intimidation or coercion; or the Senate. Sec. 1716. Clarification of definition of vac- (iii) to affect the conduct of a government (2) HEAD OF DEPARTMENT.—The Secretary cine. by mass destruction, assassination, or kid- is the head of the Department and shall have Sec. 1717. Effective date. napping. direction, authority, and control over it. SEC. 2. DEFINITIONS. (16)(A) The term ‘‘United States’’, when (3) FUNCTIONS VESTED IN SECRETARY.—All In this Act, the following definitions apply: used in a geographic sense, means any State functions of all officers, employees, and or- (1) Each of the terms ‘‘American home- of the United States, the District of Colum- ganizational units of the Department are land’’ and ‘‘homeland’’ means the United bia, the Commonwealth of Puerto Rico, the vested in the Secretary. States. Virgin Islands, Guam, American Samoa, the (b) FUNCTIONS.—The Secretary— (2) The term ‘‘appropriate congressional Commonwealth of the Northern Mariana Is- (1) except as otherwise provided by this committee’’ means any committee of the lands, any possession of the United States, Act, may delegate any of the Secretary’s House of Representatives or the Senate hav- and any waters within the jurisdiction of the functions to any officer, employee, or orga- ing legislative or oversight jurisdiction United States. nizational unit of the Department; under the Rules of the House of Representa- (B) Nothing in this paragraph or any other (2) shall have the authority to make con- tives or the Senate, respectively, over the provision of this Act shall be construed to tracts, grants, and cooperative agreements, matter concerned. modify the definition of ‘‘United States’’ for and to enter into agreements with other ex- (3) The term ‘‘assets’’ includes contracts, the purposes of the Immigration and Nation- ecutive agencies, as may be necessary and facilities, property, records, unobligated or ality Act or any other immigration or na- proper to carry out the Secretary’s respon- unexpended balances of appropriations, and tionality law. other funds or resources (other than per- sibilities under this Act or otherwise pro- SEC. 3. CONSTRUCTION; SEVERABILITY. sonnel). vided by law; and Any provision of this Act held to be invalid (4) The term ‘‘critical infrastructure’’ has (3) shall take reasonable steps to ensure or unenforceable by its terms, or as applied the meaning given that term in section that information systems and databases of to any person or circumstance, shall be con- 1016(e) of Public Law 107–56 (42 U.S.C. the Department are compatible with each strued so as to give it the maximum effect 5195c(e)). other and with appropriate databases of permitted by law, unless such holding shall (5) The term ‘‘Department’’ means the De- other Departments. be one of utter invalidity or unenforce- partment of Homeland Security. ability, in which event such provision shall (c) COORDINATION WITH NON-FEDERAL ENTI- (6) The term ‘‘emergency response pro- be deemed severable from this Act and shall TIES.—With respect to homeland security, viders’’ includes Federal, State, and local not affect the remainder thereof, or the ap- the Secretary shall coordinate through the emergency public safety, law enforcement, plication of such provision to other persons Office of State and Local Coordination (es- emergency response, emergency medical (in- not similarly situated or to other, dissimilar tablished under section 801) (including the cluding hospital emergency facilities), and provision of training and equipment) with related personnel, agencies, and authorities. circumstances. State and local government personnel, agen- (7) The term ‘‘executive agency’’ means an SEC. 4. EFFECTIVE DATE. cies, and authorities, with the private sector, executive agency and a military department, This Act shall take effect 60 days after the and with other entities, including by— as defined, respectively, in sections 105 and date of enactment. (1) coordinating with State and local gov- 102 of title 5, United States Code. TITLE I—DEPARTMENT OF HOMELAND ernment personnel, agencies, and authori- (8) The term ‘‘functions’’ includes authori- SECURITY ties, and with the private sector, to ensure ties, powers, rights, privileges, immunities, SEC. 101. EXECUTIVE DEPARTMENT; MISSION. adequate planning, equipment, training, and programs, projects, activities, duties, and re- (a) ESTABLISHMENT.—There is established a exercise activities; sponsibilities. Department of Homeland Security, as an ex- (2) coordinating and, as appropriate, con- (9) The term ‘‘key resources’’ means pub- ecutive department of the United States solidating, the Federal Government’s com- licly or privately controlled resources essen- within the meaning of title 5, United States munications and systems of communications tial to the minimal operations of the econ- Code. relating to homeland security with State omy and government. (b) MISSION.— and local government personnel, agencies, (10) The term ‘‘local government’’ means— (1) IN GENERAL.—The primary mission of (A) a county, municipality, city, town, the Department is to— and authorities, the private sector, other en- township, local public authority, school dis- (A) prevent terrorist attacks within the tities, and the public; and trict, special district, intrastate district, United States; (3) distributing or, as appropriate, coordi- council of governments (regardless of wheth- (B) reduce the vulnerability of the United nating the distribution of, warnings and in- er the council of governments is incor- States to terrorism; formation to State and local government porated as a nonprofit corporation under (C) minimize the damage, and assist in the personnel, agencies, and authorities and to State law), regional or interstate govern- recovery, from terrorist attacks that do the public. ment entity, or agency or instrumentality of occur within the United States; (d) MEETINGS OF NATIONAL SECURITY COUN- a local government; (D) carry out all functions of entities CIL.—The Secretary may, subject to the di- (B) an Indian tribe or authorized tribal or- transferred to the Department, including by rection of the President, attend and partici- ganization, or in Alaska a Native village or acting as a focal point regarding natural and pate in meetings of the National Security Alaska Regional Native Corporation; and manmade crises and emergency planning; Council.

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(e) ISSUANCE OF REGULATIONS.—The mandant of the Coast Guard, who shall be (A) identify and assess the nature and issuance of regulations by the Secretary appointed as provided in section 44 of title scope of terrorist threats to the homeland; shall be governed by the provisions of chap- 14, United States Code, and who shall report (B) detect and identify threats of terrorism ter 5 of title 5, United States Code, except as directly to the Secretary. In addition to such against the United States; and specifically provided in this Act, in laws duties as may be provided in this Act and as (C) understand such threats in light of ac- granting regulatory authorities that are assigned to the Commandant by the Sec- tual and potential vulnerabilities of the transferred by this Act, and in laws enacted retary, the duties of the Commandant shall homeland. after the date of enactment of this Act. include those required by section 2 of title (2) To carry out comprehensive assess- (f) SPECIAL ASSISTANT TO THE SECRETARY.— 14, United States Code. ments of the vulnerabilities of the key re- (d) OTHER OFFICERS.—To assist the Sec- The Secretary shall appoint a Special Assist- sources and critical infrastructure of the retary in the performance of the Secretary’s ant to the Secretary who shall be responsible United States, including the performance of for— functions, there are the following officers, appointed by the President: risk assessments to determine the risks (1) creating and fostering strategic composed by particular types of terrorist attacks munications with the private sector to en- (1) A Director of the Secret Service. (2) A Chief Information Officer. within the United States (including an as- hance the primary mission of the Depart- sessment of the probability of success of ment to protect the American homeland; (3) A Chief Human Capital Officer. (4) A Chief Financial Officer. such attacks and the feasibility and poten- (2) advising the Secretary on the impact of tial efficacy of various countermeasures to the Department’s policies, regulations, proc- (5) An Officer for Civil Rights and Civil Liberties. such attacks). esses, and actions on the private sector; (3) To integrate relevant information, (3) interfacing with other relevant Federal (e) PERFORMANCE OF SPECIFIC FUNCTIONS.— Subject to the provisions of this Act, every analyses, and vulnerability assessments agencies with homeland security missions to officer of the Department shall perform the (whether such information, analyses, or as- assess the impact of these agencies’ actions functions specified by law for the official’s sessments are provided or produced by the on the private sector; office or prescribed by the Secretary. Department or others) in order to identify (4) creating and managing private sector priorities for protective and support meas- advisory councils composed of representa- TITLE II—INFORMATION ANALYSIS AND ures by the Department, other agencies of tives of industries and associations des- INFRASTRUCTURE PROTECTION the Federal Government, State and local ignated by the Secretary to— Subtitle A—Directorate for Information Anal- government agencies and authorities, the (A) advise the Secretary on private sector ysis and Infrastructure Protection; Access private sector, and other entities. products, applications, and solutions as they to Information (4) To ensure, pursuant to section 202, the relate to homeland security challenges; and SEC. 201. DIRECTORATE FOR INFORMATION timely and efficient access by the Depart- (B) advise the Secretary on homeland secu- ANALYSIS AND INFRASTRUCTURE ment to all information necessary to dis- rity policies, regulations, processes, and ac- PROTECTION. tions that affect the participating industries (a) UNDER SECRETARY OF HOMELAND SECU- charge the responsibilities under this sec- and associations; RITY FOR INFORMATION ANALYSIS AND INFRA- tion, including obtaining such information (5) working with Federal laboratories, Fed- STRUCTURE PROTECTION.— from other agencies of the Federal Govern- erally funded research and development cen- (1) IN GENERAL.—There shall be in the De- ment. ters, other Federally funded organizations, partment a Directorate for Information (5) To develop a comprehensive national academia, and the private sector to develop Analysis and Infrastructure Protection head- plan for securing the key resources and crit- innovative approaches to address homeland ed by an Under Secretary for Information ical infrastructure of the United States, in- security challenges to produce and deploy Analysis and Infrastructure Protection, who cluding power production, generation, and the best available technologies for homeland shall be appointed by the President, by and distribution systems, information tech- security missions; with the advice and consent of the Senate. nology and telecommunications systems (in- (6) promoting existing public-private part- (2) RESPONSIBILITIES.—The Under Sec- cluding satellites), electronic financial and nerships and developing new public-private retary shall assist the Secretary in dis- property record storage and transmission partnerships to provide for collaboration and charging the responsibilities assigned by the systems, emergency preparedness commu- mutual support to address homeland secu- Secretary. nications systems, and the physical and rity challenges; and (b) ASSISTANT SECRETARY FOR INFORMATION technological assets that support such sys- (7) assisting in the development and pro- ANALYSIS; ASSISTANT SECRETARY FOR INFRA- tems. motion of private sector best practices to se- STRUCTURE PROTECTION.— (6) To recommend measures necessary to cure critical infrastructure. (1) ASSISTANT SECRETARY FOR INFORMATION protect the key resources and critical infra- ANALYSIS.—There shall be in the Department (g) STANDARDS POLICY.—All standards ac- structure of the United States in coordina- tivities of the Department shall be con- an Assistant Secretary for Information Anal- tion with other agencies of the Federal Gov- ducted in accordance with section 12(d) of ysis, who shall be appointed by the Presi- ernment and in cooperation with State and the National Technology Transfer Advance- dent. local government agencies and authorities, ment Act of 1995 (15 U.S.C. 272 note) and Of- (2) ASSISTANT SECRETARY FOR INFRASTRUC- the private sector, and other entities. fice of Management and Budget Circular A– TURE PROTECTION.—There shall be in the De- (7) To administer the Homeland Security 119. partment an Assistant Secretary for Infra- Advisory System, including— structure Protection, who shall be appointed (A) exercising primary responsibility for SEC. 103. OTHER OFFICERS. by the President. (a) DEPUTY SECRETARY; UNDER SECRE- public advisories related to threats to home- (3) RESPONSIBILITIES.—The Assistant Sec- land security; and TARIES.—There are the following officers, ap- retary for Information Analysis and the As- pointed by the President, by and with the ad- (B) in coordination with other agencies of sistant Secretary for Infrastructure Protec- the Federal Government, providing specific vice and consent of the Senate: tion shall assist the Under Secretary for In- (1) A Deputy Secretary of Homeland Secu- warning information, and advice about ap- formation Analysis and Infrastructure Pro- propriate protective measures and counter- rity, who shall be the Secretary’s first as- tection in discharging the responsibilities of sistant for purposes of subchapter III of measures, to State and local government the Under Secretary under this section. agencies and authorities, the private sector, chapter 33 of title 5, United States Code. (c) DISCHARGE OF INFORMATION ANALYSIS other entities, and the public. (2) An Under Secretary for Information AND INFRASTRUCTURE PROTECTION.—The Sec- (8) To review, analyze, and make rec- Analysis and Infrastructure Protection. retary shall ensure that the responsibilities ommendations for improvements in the poli- (3) An Under Secretary for Science and of the Department regarding information Technology. analysis and infrastructure protection are cies and procedures governing the sharing of (4) An Under Secretary for Border and carried out through the Under Secretary for law enforcement information, intelligence Transportation Security. Information Analysis and Infrastructure information, intelligence-related informa- (5) An Under Secretary for Emergency Pre- Protection. tion, and other information relating to paredness and Response. (d) RESPONSIBILITIES OF UNDER SEC- homeland security within the Federal Gov- (6) A Director of the Bureau of Citizenship RETARY.—Subject to the direction and con- ernment and between the Federal Govern- and Immigration Services. trol of the Secretary, the responsibilities of ment and State and local government agen- (7) An Under Secretary for Management. the Under Secretary for Information Anal- cies and authorities. (8) Not more than 12 Assistant Secretaries. ysis and Infrastructure Protection shall be (9) To disseminate, as appropriate, infor- (9) A General Counsel, who shall be the as follows: mation analyzed by the Department within chief legal officer of the department. (1) To access, receive, and analyze law en- the Department, to other agencies of the (b) INSPECTOR GENERAL.—There is an In- forcement information, intelligence informa- Federal Government with responsibilities re- spector General, who shall be appointed as tion, and other information from agencies of lating to homeland security, and to agencies provided in section 3(a) of the Inspector Gen- the Federal Government, State and local of State and local governments and private eral Act of 1978. government agencies (including law enforce- sector entities with such responsibilities in (c) COMMANDANT OF THE COAST GUARD.—To ment agencies), and private sector entities, order to assist in the deterrence, prevention, assist the Secretary in the performance of and to integrate such information in order preemption of, or response to, terrorist at- the Secretary’s functions, there is a Com- to— tacks against the United States.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10900 CONGRESSIONAL RECORD — SENATE November 13, 2002 (10) To consult with the Director of Central to assist the Directorate in discharging re- President, the Secretary shall have such ac- Intelligence and other appropriate intel- sponsibilities under this section. cess as the Secretary considers necessary to ligence, law enforcement, or other elements (2) PRIVATE SECTOR ANALYSTS.—Analysts all information, including reports, assess- of the Federal Government to establish col- under this subsection may include analysts ments, analyses, and unevaluated intel- lection priorities and strategies for informa- from the private sector. ligence relating to threats of terrorism tion, including law enforcement-related in- (3) SECURITY CLEARANCES.—Analysts under against the United States and to other areas formation, relating to threats of terrorism this subsection shall possess security clear- of responsibility assigned by the Secretary, against the United States through such ances appropriate for their work under this and to all information concerning infrastruc- means as the representation of the Depart- section. ture or other vulnerabilities of the United ment in discussions regarding requirements (f) DETAIL OF PERSONNEL.— States to terrorism, whether or not such in- and priorities in the collection of such infor- (1) IN GENERAL.—In order to assist the Di- formation has been analyzed, that may be mation. rectorate in discharging responsibilities collected, possessed, or prepared by any (11) To consult with State and local gov- under this section, personnel of the agencies agency of the Federal Government. ernments and private sector entities to en- referred to in paragraph (2) may be detailed (2) OTHER INFORMATION.—The Secretary sure appropriate exchanges of information, to the Department for the performance of shall also have access to other information including law enforcement-related informa- analytic functions and related duties. relating to matters under the responsibility tion, relating to threats of terrorism against (2) COVERED AGENCIES.—The agencies re- of the Secretary that may be collected, pos- the United States. ferred to in this paragraph are as follows: sessed, or prepared by an agency of the Fed- (12) To ensure that— (A) The Department of State. eral Government as the President may fur- (A) any material received pursuant to this (B) The Central Intelligence Agency. ther provide. Act is protected from unauthorized disclo- (C) The Federal Bureau of Investigation. (b) MANNER OF ACCESS.—Except as other- sure and handled and used only for the per- (D) The National Security Agency. wise directed by the President, with respect formance of official duties; and (E) The National Imagery and Mapping to information to which the Secretary has (B) any intelligence information under this Agency. access pursuant to this section— Act is shared, retained, and disseminated (F) The Defense Intelligence Agency. (1) the Secretary may obtain such material consistent with the authority of the Director (G) Any other agency of the Federal Gov- upon request, and may enter into coopera- of Central Intelligence to protect intel- ernment that the President considers appro- tive arrangements with other executive ligence sources and methods under the Na- priate. agencies to provide such material or provide tional Security Act of 1947 (50 U.S.C. 401 et (3) COOPERATIVE AGREEMENTS.—The Sec- Department officials with access to it on a seq.) and related procedures and, as appro- retary and the head of the agency concerned regular or routine basis, including requests priate, similar authorities of the Attorney may enter into cooperative agreements for or arrangements involving broad categories General concerning sensitive law enforce- the purpose of detailing personnel under this of material, access to electronic databases, ment information. subsection. or both; and (13) To request additional information (4) BASIS.—The detail of personnel under (2) regardless of whether the Secretary has from other agencies of the Federal Govern- this subsection may be on a reimbursable or made any request or entered into any coop- ment, State and local government agencies, non-reimbursable basis. erative arrangement pursuant to paragraph and the private sector relating to threats of (g) FUNCTIONS TRANSFERRED.—In accord- (1), all agencies of the Federal Government terrorism in the United States, or relating to ance with title XV, there shall be transferred shall promptly provide to the Secretary— other areas of responsibility assigned by the to the Secretary, for assignment to the (A) all reports (including information re- Secretary, including the entry into coopera- Under Secretary for Information Analysis ports containing intelligence which has not tive agreements through the Secretary to and Infrastructure Protection under this sec- been fully evaluated), assessments, and ana- obtain such information. tion, the functions, personnel, assets, and li- lytical information relating to threats of (14) To establish and utilize, in conjunction abilities of the following: terrorism against the United States and to with the chief information officer of the De- (1) The National Infrastructure Protection other areas of responsibility assigned by the partment, a secure communications and in- Center of the Federal Bureau of Investiga- Secretary; formation technology infrastructure, includ- (B) all information concerning the vulner- ing data-mining and other advanced analyt- tion (other than the Computer Investiga- tions and Operations Section), including the ability of the infrastructure of the United ical tools, in order to access, receive, and States, or other vulnerabilities of the United analyze data and information in furtherance functions of the Attorney General relating thereto. States, to terrorism, whether or not such in- of the responsibilities under this section, and formation has been analyzed; to disseminate information acquired and (2) The National Communications System of the Department of Defense, including the (C) all other information relating to sig- analyzed by the Department, as appropriate. nificant and credible threats of terrorism (15) To ensure, in conjunction with the functions of the Secretary of Defense relating thereto. against the United States, whether or not chief information officer of the Department, such information has been analyzed; and that any information databases and analyt- (3) The Critical Infrastructure Assurance Office of the Department of Commerce, in- (D) such other information or material as ical tools developed or utilized by the De- the President may direct. partment— cluding the functions of the Secretary of Commerce relating thereto. (c) TREATMENT UNDER CERTAIN LAWS.—The (A) are compatible with one another and Secretary shall be deemed to be a Federal (4) The National Infrastructure Simulation with relevant information databases of other law enforcement, intelligence, protective, and Analysis Center of the Department of agencies of the Federal Government; and national defense, immigration, or national Energy and the energy security and assur- (B) treat information in such databases in security official, and shall be provided with ance program and activities of the Depart- a manner that complies with applicable Fed- all information from law enforcement agen- eral law on privacy. ment, including the functions of the Sec- cies that is required to be given to the Direc- (16) To coordinate training and other sup- retary of Energy relating thereto. tor of Central Intelligence, under any provi- port to the elements and personnel of the De- (5) The Federal Computer Incident Re- sion of the following: partment, other agencies of the Federal Gov- sponse Center of the General Services Ad- (1) The USA PATRIOT Act of 2001 (Public ernment, and State and local governments ministration, including the functions of the Law 107–56). that provide information to the Department, Administrator of General Services relating (2) Section 2517(6) of title 18, United States or are consumers of information provided by thereto. Code. the Department, in order to facilitate the (h) INCLUSION OF CERTAIN ELEMENTS OF THE (3) Rule 6(e)(3)(C) of the Federal Rules of identification and sharing of information re- DEPARTMENT AS ELEMENTS OF THE INTEL- Criminal Procedure. vealed in their ordinary duties and the opti- LIGENCE COMMUNITY.—Section 3(4) of the Na- (d) ACCESS TO INTELLIGENCE AND OTHER IN- mal utilization of information received from tional Security Act of 1947 (50 U.S.C. 401(a)) FORMATION.— the Department. is amended— (1) ACCESS BY ELEMENTS OF FEDERAL GOV- (17) To coordinate with elements of the in- (1) by striking ‘‘and’’ at the end of subpara- ERNMENT.—Nothing in this title shall pre- telligence community and with Federal, graph (I); clude any element of the intelligence com- State, and local law enforcement agencies, (2) by redesignating subparagraph (J) as munity (as that term is defined in section and the private sector, as appropriate. subparagraph (K); and 3(4) of the National Security Act of 1947 (50 (18) To provide intelligence and informa- (3) by inserting after subparagraph (I) the U.S.C. 401a(4)), or other any element of the tion analysis and support to other elements following new subparagraph: Federal Government with responsibility for of the Department. ‘‘(J) the elements of the Department of analyzing terrorist threat information, from (19) To perform such other duties relating Homeland Security concerned with the anal- receiving any intelligence or other informa- to such responsibilities as the Secretary may yses of foreign intelligence information; tion relating to terrorism. provide. and’’. (2) SHARING OF INFORMATION.—The Sec- (e) STAFF.— SEC. 202. ACCESS TO INFORMATION. retary, in consultation with the Director of (1) IN GENERAL.—The Secretary shall pro- (a) IN GENERAL.— Central Intelligence, shall work to ensure vide the Directorate with a staff of analysts (1) THREAT AND VULNERABILITY INFORMA- that intelligence or other information relat- having appropriate expertise and experience TION.—Except as otherwise directed by the ing to terrorism to which the Department

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10901 has access is appropriately shared with the (B) includes any physical or computer- (I) to either House of Congress, or to the elements of the Federal Government referred based system, including a computer, com- extent of matter within its jurisdiction, any to in paragraph (1), as well as with State and puter system, computer or communications committee or subcommittee thereof, any local governments, as appropriate. network, or any component hardware or ele- joint committee thereof or subcommittee of Subtitle B—Critical Infrastructure ment thereof, software program, processing any such joint committee; or Information instructions, or information or data in trans- (II) to the Comptroller General, or any au- SEC. 211. SHORT TITLE. mission or storage therein, irrespective of thorized representative of the Comptroller This subtitle may be cited as the ‘‘Critical the medium of transmission or storage. General, in the course of the performance of Infrastructure Information Act of 2002’’. (7) VOLUNTARY.— the duties of the General Accounting Office. (A) IN GENERAL.—The term ‘‘voluntary’’, in SEC. 212. DEFINITIONS. (E) shall not, if provided to a State or local In this subtitle: the case of any submittal of critical infra- government or government agency— structure information to a covered Federal (1) AGENCY.—The term ‘‘agency’’ has the (i) be made available pursuant to any State meaning given it in section 551 of title 5, agency, means the submittal thereof in the or local law requiring disclosure of informa- United States Code. absence of such agency’s exercise of legal au- tion or records; thority to compel access to or submission of (2) COVERED FEDERAL AGENCY.—The term (ii) otherwise be disclosed or distributed to ‘‘covered Federal agency’’ means the Depart- such information and may be accomplished any party by said State or local government by a single entity or an Information Sharing ment of Homeland Security. or government agency without the written and Analysis Organization on behalf of itself (3) CRITICAL INFRASTRUCTURE INFORMA- consent of the person or entity submitting or its members. TION.—The term ‘‘critical infrastructure in- such information; or (B) EXCLUSIONS.—The term ‘‘voluntary’’— formation’’ means information not custom- (iii) be used other than for the purpose of (i) in the case of any action brought under arily in the public domain and related to the protecting critical infrastructure or pro- the securities laws as is defined in section security of critical infrastructure or protected systems, or in furtherance of an inves- 3(a)(47) of the Securities Exchange Act of tected systems— tigation or the prosecution of a criminal act; 1934 (15 U.S.C. 78c(a)(47))— (A) actual, potential, or threatened inter- and (I) does not include information or state- ference with, attack on, compromise of, or (F) does not constitute a waiver of any ap- ments contained in any documents or mate- incapacitation of critical infrastructure or plicable privilege or protection provided rials filed with the Securities and Exchange protected systems by either physical or com- under law, such as trade secret protection. Commission, or with Federal banking regu- puter-based attack or other similar conduct (2) EXPRESS STATEMENT.—For purposes of lators, pursuant to section 12(i) of the Secu- (including the misuse of or unauthorized ac- paragraph (1), the term ‘‘express statement’’, rities Exchange Act of 1934 (15 U.S.C. 781(I)); cess to all types of communications and data with respect to information or records, and transmission systems) that violates Federal, means— (II) with respect to the submittal of crit- State, or local law, harms interstate com- (A) in the case of written information or ical infrastructure information, does not in- merce of the United States, or threatens records, a written marking on the informa- clude any disclosure or writing that when public health or safety; tion or records substantially similar to the made accompanied the solicitation of an (B) the ability of any critical infrastruc- following: ‘‘This information is voluntarily offer or a sale of securities; and ture or protected system to resist such inter- submitted to the Federal Government in ex- (ii) does not include information or state- ference, compromise, or incapacitation, in- pectation of protection from disclosure as ments submitted or relied upon as a basis for cluding any planned or past assessment, pro- provided by the provisions of the Critical In- making licensing or permitting determina- jection, or estimate of the vulnerability of frastructure Information Act of 2002.’’; or tions, or during regulatory proceedings. critical infrastructure or a protected system, (B) in the case of oral information, a simi- SEC. 213. DESIGNATION OF CRITICAL INFRA- including security testing, risk evaluation lar written statement submitted within a STRUCTURE PROTECTION PRO- reasonable period following the oral commu- thereto, risk management planning, or risk GRAM. nication. audit; or A critical infrastructure protection pro- (C) any planned or past operational prob- gram may be designated as such by one of (b) LIMITATION.—No communication of lem or solution regarding critical infrastruc- the following: critical infrastructure information to a cov- ture or protected systems, including repair, (1) The President. ered Federal agency made pursuant to this recovery, reconstruction, insurance, or con- (2) The Secretary of Homeland Security. subtitle shall be considered to be an action subject to the requirements of the Federal tinuity, to the extent it is related to such in- SEC. 214. PROTECTION OF VOLUNTARILY terference, compromise, or incapacitation. SHARED CRITICAL INFRASTRUC- Advisory Committee Act (5 U.S.C. App. 2). (4) CRITICAL INFRASTRUCTURE PROTECTION TURE INFORMATION. (c) INDEPENDENTLY OBTAINED INFORMA- PROGRAM.—The term ‘‘critical infrastructure (a) PROTECTION.— TION.—Nothing in this section shall be con- protection program’’ means any component (1) IN GENERAL.—Notwithstanding any strued to limit or otherwise affect the abil- or bureau of a covered Federal agency that other provision of law, critical infrastruc- ity of a State, local, or Federal Government has been designated by the President or any ture information (including the identity of entity, agency, or authority, or any third agency head to receive critical infrastruc- the submitting person or entity) that is vol- party, under applicable law, to obtain crit- ture information. untarily submitted to a covered Federal ical infrastructure information in a manner (5) INFORMATION SHARING AND ANALYSIS OR- agency for use by that agency regarding the not covered by subsection (a), including any GANIZATION.—The term ‘‘Information Shar- security of critical infrastructure and pro- information lawfully and properly disclosed ing and Analysis Organization’’ means any tected systems, analysis, warning, inter- generally or broadly to the public and to use formal or informal entity or collaboration dependency study, recovery, reconstitution, such information in any manner permitted created or employed by public or private sec- or other informational purpose, when accom- by law. tor organizations, for purposes of— panied by an express statement specified in (d) TREATMENT OF VOLUNTARY SUBMITTAL (A) gathering and analyzing critical infra- paragraph (2)— OF INFORMATION.—The voluntary submittal structure information in order to better un- (A) shall be exempt from disclosure under to the Government of information or records derstand security problems and interdepend- section 552 of title 5, United States Code that are protected from disclosure by this encies related to critical infrastructure and (commonly referred to as the Freedom of In- subtitle shall not be construed to constitute protected systems, so as to ensure the avail- formation Act); compliance with any requirement to submit ability, integrity, and reliability thereof; (B) shall not be subject to any agency rules such information to a Federal agency under (B) communicating or disclosing critical or judicial doctrine regarding ex parte com- any other provision of law. infrastructure information to help prevent, munications with a decision making official; (e) PROCEDURES.— detect, mitigate, or recover from the effects (C) shall not, without the written consent (1) IN GENERAL.—The Secretary of the De- of a interference, compromise, or a incapaci- of the person or entity submitting such in- partment of Homeland Security shall, in tation problem related to critical infrastruc- formation, be used directly by such agency, consultation with appropriate representa- ture or protected systems; and any other Federal, State, or local authority, tives of the National Security Council and (C) voluntarily disseminating critical in- or any third party, in any civil action aris- the Office of Science and Technology Policy, frastructure information to its members, ing under Federal or State law if such infor- establish uniform procedures for the receipt, State, local, and Federal Governments, or mation is submitted in good faith; care, and storage by Federal agencies of crit- any other entities that may be of assistance (D) shall not, without the written consent ical infrastructure information that is vol- in carrying out the purposes specified in sub- of the person or entity submitting such in- untarily submitted to the Government. The paragraphs (A) and (B). formation, be used or disclosed by any officer procedures shall be established not later (6) PROTECTED SYSTEM.—The term ‘‘pro- or employee of the United States for pur- than 90 days after the date of the enactment tected system’’— poses other than the purposes of this sub- of this subtitle. (A) means any service, physical or com- title, except— (2) ELEMENTS.—The procedures established puter-based system, process, or procedure (i) in furtherance of an investigation or the under paragraph (1) shall include mecha- that directly or indirectly affects the viabil- prosecution of a criminal act; or nisms regarding— ity of a facility of critical infrastructure; (ii) when disclosure of the information (A) the acknowledgement of receipt by and would be— Federal agencies of critical infrastructure

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10902 CONGRESSIONAL RECORD — SENATE November 13, 2002 information that is voluntarily submitted to SEC. 222. PRIVACY OFFICER. ture of the offenses described in paragraph the Government; The Secretary shall appoint a senior offi- (1), the growing incidence of such offenses, (B) the maintenance of the identification cial in the Department to assume primary and the need for an effective deterrent and of such information as voluntarily submitted responsibility for privacy policy, including— appropriate punishment to prevent such of- to the Government for purposes of and sub- (1) assuring that the use of technologies fenses; ject to the provisions of this subtitle; sustain, and do not erode, privacy protec- (B) consider the following factors and the (C) the care and storage of such informa- tions relating to the use, collection, and dis- extent to which the guidelines may or may tion; and closure of personal information; not account for them— (D) the protection and maintenance of the (2) assuring that personal information con- (i) the potential and actual loss resulting confidentiality of such information so as to tained in Privacy Act systems of records is from the offense; permit the sharing of such information with- handled in full compliance with fair informa- (ii) the level of sophistication and planning in the Federal Government and with State tion practices as set out in the Privacy Act involved in the offense; and local governments, and the issuance of of 1974; (iii) whether the offense was committed for notices and warnings related to the protec- (3) evaluating legislative and regulatory purposes of commercial advantage or private tion of critical infrastructure and protected proposals involving collection, use, and dis- financial benefit; systems, in such manner as to protect from closure of personal information by the Fed- (iv) whether the defendant acted with ma- public disclosure the identity of the submit- eral Government; licious intent to cause harm in committing ting person or entity, or information that is (4) conducting a privacy impact assessment the offense; proprietary, business sensitive, relates spe- of proposed rules of the Department or that (v) the extent to which the offense violated cifically to the submitting person or entity, of the Department on the privacy of personal the privacy rights of individuals harmed; and is otherwise not appropriately in the information, including the type of personal (vi) whether the offense involved a com- public domain. information collected and the number of peo- puter used by the government in furtherance (f) PENALTIES.—Whoever, being an officer ple affected; and of national defense, national security, or the or employee of the United States or of any (5) preparing a report to Congress on an an- administration of justice; department or agency thereof, knowingly nual basis on activities of the Department (vii) whether the violation was intended to publishes, divulges, discloses, or makes that affect privacy, including complaints of or had the effect of significantly interfering known in any manner or to any extent not privacy violations, implementation of the with or disrupting a critical infrastructure; authorized by law, any critical infrastruc- Privacy Act of 1974, internal controls, and and ture information protected from disclosure other matters. (viii) whether the violation was intended by this subtitle coming to him in the course SEC. 223. ENHANCEMENT OF NON-FEDERAL CY- to or had the effect of creating a threat to of this employment or official duties or by BERSECURITY. public health or safety, or injury to any per- reason of any examination or investigation In carrying out the responsibilities under son; made by, or return, report, or record made to section 201, the Under Secretary for Informa- (C) assure reasonable consistency with or filed with, such department or agency or tion Analysis and Infrastructure Protection other relevant directives and with other sen- officer or employee thereof, shall be fined shall— tencing guidelines; under title 18 of the United States Code, im- (1) as appropriate, provide to State and (D) account for any additional aggravating prisoned not more than 1 year, or both, and local government entities, and upon request or mitigating circumstances that might jus- shall be removed from office or employment. to private entities that own or operate crit- tify exceptions to the generally applicable sentencing ranges; (g) AUTHORITY TO ISSUE WARNINGS.—The ical information systems— Federal Government may provide advisories, (A) analysis and warnings related to (E) make any necessary conforming alerts, and warnings to relevant companies, threats to, and vulnerabilities of, critical in- changes to the sentencing guidelines; and targeted sectors, other governmental enti- formation systems; and (F) assure that the guidelines adequately ties, or the general public regarding poten- (B) in coordination with the Under Sec- meet the purposes of sentencing as set forth tial threats to critical infrastructure as ap- retary for Emergency Preparedness and Re- in section 3553(a)(2) of title 18, United States propriate. In issuing a warning, the Federal sponse, crisis management support in re- Code. Government shall take appropriate actions sponse to threats to, or attacks on, critical (c) STUDY AND REPORT ON COMPUTER to protect from disclosure— information systems; and CRIMES.—Not later than May 1, 2003, the (1) the source of any voluntarily submitted (2) as appropriate, provide technical assist- United States Sentencing Commission shall critical infrastructure information that ance, upon request, to the private sector and submit a brief report to Congress that ex- forms the basis for the warning; or other government entities, in coordination plains any actions taken by the Sentencing (2) information that is proprietary, busi- with the Under Secretary for Emergency Commission in response to this section and ness sensitive, relates specifically to the sub- Preparedness and Response, with respect to includes any recommendations the Commis- mitting person or entity, or is otherwise not emergency recovery plans to respond to sion may have regarding statutory penalties appropriately in the public domain. major failures of critical information sys- for offenses under section 1030 of title 18, tems. United States Code. (h) AUTHORITY TO DELEGATE.—The Presi- dent may delegate authority to a critical in- SEC. 224. NET GUARD. (d) EMERGENCY DISCLOSURE EXCEPTION.— frastructure protection program, designated The Under Secretary for Information Anal- (1) IN GENERAL.—Section 2702(b) of title 18, under section 213, to enter into a voluntary ysis and Infrastructure Protection may es- United States Code, is amended— agreement to promote critical infrastructure tablish a national technology guard, to be (A) in paragraph (5), by striking ‘‘or’’ at security, including with any Information known as ‘‘NET Guard’’, comprised of local the end; Sharing and Analysis Organization, or a plan teams of volunteers with expertise in rel- (B) in paragraph (6)(A), by inserting ‘‘or’’ of action as otherwise defined in section 708 evant areas of science and technology, to as- at the end; of the Defense Production Act of 1950 (50 sist local communities to respond and re- (C) by striking paragraph (6)(C); and U.S.C. App. 2158). cover from attacks on information systems (D) by adding at the end the following: and communications networks. ‘‘(7) to a Federal, State, or local govern- SEC. 215. NO PRIVATE RIGHT OF ACTION. SEC. 225. CYBER SECURITY ENHANCEMENT ACT mental entity, if the provider, in good faith, Nothing in this subtitle may be construed OF 2002. believes that an emergency involving danger to create a private right of action for en- (a) SHORT TITLE.—This section may be of death or serious physical injury to any forcement of any provision of this Act. cited as the ‘‘Cyber Security Enhancement person requires disclosure without delay of Subtitle C—Information Security Act of 2002’’. communications relating to the emer- (b) AMENDMENT OF SENTENCING GUIDELINES gency.’’. SEC. 221. PROCEDURES FOR SHARING INFORMA- RELATING TO CERTAIN COMPUTER CRIMES.— (2) REPORTING OF DISCLOSURES.—A govern- TION. (1) DIRECTIVE TO THE UNITED STATES SEN- ment entity that receives a disclosure under The Secretary shall establish procedures TENCING COMMISSION.—Pursuant to its au- section 2702(b) of title 18, United States on the use of information shared under this thority under section 994(p) of title 28, Code, shall file, not later than 90 days after title that— United States Code, and in accordance with such disclosure, a report to the Attorney (1) limit the redissemination of such infor- this subsection, the United States Sen- General stating the paragraph of that sec- mation to ensure that it is not used for an tencing Commission shall review and, if ap- tion under which the disclosure was made, unauthorized purpose; propriate, amend its guidelines and its pol- the date of the disclosure, the entity to (2) ensure the security and confidentiality icy statements applicable to persons con- which the disclosure was made, the number of such information; victed of an offense under section 1030 of of customers or subscribers to whom the in- (3) protect the constitutional and statu- title 18, United States Code. formation disclosed pertained, and the num- tory rights of any individuals who are sub- (2) REQUIREMENTS.—In carrying out this ber of communications, if any, that were dis- jects of such information; and subsection, the Sentencing Commission closed. The Attorney General shall publish (4) provide data integrity through the shall— all such reports into a single report to be timely removal and destruction of obsolete (A) ensure that the sentencing guidelines submitted to Congress 1 year after the date or erroneous names and information. and policy statements reflect the serious na- of enactment of this Act.

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(e) GOOD FAITH EXCEPTION.—Section graph that occurs after a conviction of an- (G) equipment for particular use in 2520(d)(3) of title 18, United States Code, is other offense under this section.’’. counterterrorism, including devices and amended by inserting ‘‘or 2511(2)(i)’’ after Subtitle D—Office of Science and Technology technologies to disable terrorist devices; ‘‘2511(3)’’. (H) guides to assist State and local law en- SEC. 231. ESTABLISHMENT OF OFFICE; DIREC- (f) INTERNET ADVERTISING OF ILLEGAL DE- forcement agencies; TOR. VICES.—Section 2512(1)(c) of title 18, United (I) DNA identification technologies; and States Code, is amended— (a) ESTABLISHMENT.— (J) tools and techniques that facilitate in- (1) by inserting ‘‘or disseminates by elec- (1) IN GENERAL.—There is hereby estab- vestigations of computer crime. tronic means’’ after ‘‘or other publication’’; lished within the Department of Justice an (7) To administer a program of research, and Office of Science and Technology (herein- development, testing, and demonstration to (2) by inserting ‘‘knowing the content of after in this title referred to as the ‘‘Office’’). improve the interoperability of voice and the advertisement and’’ before ‘‘knowing or (2) AUTHORITY.—The Office shall be under data public safety communications. having reason to know’’. the general authority of the Assistant Attor- (8) To serve on the Technical Support ney General, Office of Justice Programs, and (g) STRENGTHENING PENALTIES.—Section Working Group of the Department of De- 1030(c) of title 18, United States Code, is shall be established within the National In- fense, and on other relevant interagency amended— stitute of Justice. panels, as requested. (1) by striking ‘‘and’’ at the end of para- (b) DIRECTOR.—The Office shall be headed (9) To develop, and disseminate to State graph (3); by a Director, who shall be an individual ap- and local law enforcement agencies, tech- (2) in each of subparagraphs (A) and (C) of pointed based on approval by the Office of nical assistance and training materials for paragraph (4), by inserting ‘‘except as pro- Personnel Management of the executive law enforcement personnel, including pros- vided in paragraph (5),’’ before ‘‘a fine under qualifications of the individual. ecutors. this title’’; SEC. 232. MISSION OF OFFICE; DUTIES. (10) To operate the regional National Law Enforcement and Corrections Technology (3) in paragraph (4)(C), by striking the pe- (a) MISSION.—The mission of the Office Centers and, to the extent necessary, estab- riod at the end and inserting ‘‘; and’’; and shall be— lish additional centers through a competi- (4) by adding at the end the following: (1) to serve as the national focal point for tive process. ‘‘(5)(A) if the offender knowingly or reck- work on law enforcement technology; and (11) To administer a program of acquisi- lessly causes or attempts to cause serious (2) to carry out programs that, through the tion, research, development, and dissemina- bodily injury from conduct in violation of provision of equipment, training, and tech- tion of advanced investigative analysis and subsection (a)(5)(A)(i), a fine under this title nical assistance, improve the safety and ef- forensic tools to assist State and local law or imprisonment for not more than 20 years, fectiveness of law enforcement technology enforcement agencies in combating or both; and and improve access to such technology by cybercrime. ‘‘(B) if the offender knowingly or reck- Federal, State, and local law enforcement (12) To support research fellowships in sup- lessly causes or attempts to cause death agencies. port of its mission. from conduct in violation of subsection (b) DUTIES.—In carrying out its mission, (13) To serve as a clearinghouse for infor- (a)(5)(A)(i), a fine under this title or impris- the Office shall have the following duties: mation on law enforcement technologies. onment for any term of years or for life, or (1) To provide recommendations and advice (14) To represent the United States and both.’’. to the Attorney General. State and local law enforcement agencies, as (h) PROVIDER ASSISTANCE.— (2) To establish and maintain advisory requested, in international activities con- (1) SECTION 2703.—Section 2703(e) of title 18, groups (which shall be exempt from the pro- cerning law enforcement technology. United States Code, is amended by inserting visions of the Federal Advisory Committee (15) To enter into contracts and coopera- ‘‘, statutory authorization’’ after ‘‘sub- Act (5 U.S.C. App.)) to assess the law en- tive agreements and provide grants, which poena’’. forcement technology needs of Federal, may require in-kind or cash matches from (2) SECTION 2511.—Section 2511(2)(a)(ii) of State, and local law enforcement agencies. the recipient, as necessary to carry out its title 18, United States Code, is amended by (3) To establish and maintain performance mission. inserting ‘‘, statutory authorization,’’ after standards in accordance with the National (16) To carry out other duties assigned by ‘‘court order’’ the last place it appears. Technology Transfer and Advancement Act the Attorney General to accomplish the mis- (i) EMERGENCIES.—Section 3125(a)(1) of title of 1995 (Public Law 104–113) for, and test and sion of the Office. 18, United States Code, is amended— evaluate law enforcement technologies that (c) COMPETITION REQUIRED.—Except as oth- (1) in subparagraph (A), by striking ‘‘or’’ at may be used by, Federal, State, and local law erwise expressly provided by law, all re- the end; enforcement agencies. search and development carried out by or (2) in subparagraph (B), by striking the (4) To establish and maintain a program to through the Office shall be carried out on a comma at the end and inserting a semicolon; certify, validate, and mark or otherwise rec- competitive basis. and ognize law enforcement technology products (d) INFORMATION FROM FEDERAL AGEN- (3) by adding at the end the following: that conform to standards established and CIES.—Federal agencies shall, upon request ‘‘(C) an immediate threat to a national se- maintained by the Office in accordance with from the Office and in accordance with Fed- curity interest; or the National Technology Transfer and Ad- eral law, provide the Office with any data, ‘‘(D) an ongoing attack on a protected vancement Act of 1995 (Public Law 104–113). reports, or other information requested, un- computer (as defined in section 1030) that The program may, at the discretion of the less compliance with such request is other- constitutes a crime punishable by a term of Office, allow for supplier’s declaration of wise prohibited by law. imprisonment greater than one year;’’. conformity with such standards. (e) PUBLICATIONS.—Decisions concerning publications issued by the Office shall rest (j) PROTECTING PRIVACY.— (5) To work with other entities within the solely with the Director of the Office. (1) SECTION 2511.—Section 2511(4) of title 18, Department of Justice, other Federal agen- (f) TRANSFER OF FUNDS.—The Office may United States Code, is amended— cies, and the executive office of the Presi- transfer funds to other Federal agencies or (A) by striking paragraph (b); and dent to establish a coordinated Federal ap- provide funding to non-Federal entities (B) by redesignating paragraph (c) as para- proach on issues related to law enforcement through grants, cooperative agreements, or graph (b). technology. contracts to carry out its duties under this (2) SECTION 2701.—Section 2701(b) of title 18, (6) To carry out research, development, section. United States Code, is amended— testing, evaluation, and cost-benefit anal- (g) ANNUAL REPORT.—The Director of the (A) in paragraph (1), by inserting ‘‘, or in yses in fields that would improve the safety, Office shall include with the budget jus- furtherance of any criminal or tortious act effectiveness, and efficiency of law enforce- tification materials submitted to Congress in violation of the Constitution or laws of ment technologies used by Federal, State, in support of the Department of Justice the United States or any State’’ after ‘‘com- and local law enforcement agencies, includ- budget for each fiscal year (as submitted mercial gain’’; ing, but not limited to— with the budget of the President under sec- (B) in paragraph (1)(A), by striking ‘‘one (A) weapons capable of preventing use by tion 1105(a) of title 31, United States Code) a year’’ and inserting ‘‘5 years’’; unauthorized persons, including personalized report on the activities of the Office. Each (C) in paragraph (1)(B), by striking ‘‘two guns; such report shall include the following: years’’ and inserting ‘‘10 years’’; and (B) protective apparel; (1) For the period of 5 fiscal years begin- (D) by striking paragraph (2) and inserting (C) bullet-resistant and explosion-resistant ning with the fiscal year for which the budg- the following: glass; et is submitted— ‘‘(2) in any other case— (D) monitoring systems and alarm systems (A) the Director’s assessment of the needs ‘‘(A) a fine under this title or imprison- capable of providing precise location infor- of Federal, State, and local law enforcement ment for not more than 1 year or both, in the mation; agencies for assistance with respect to law case of a first offense under this paragraph; (E) wire and wireless interoperable com- enforcement technology and other matters and munication technologies; consistent with the mission of the Office; ‘‘(B) a fine under this title or imprison- (F) tools and techniques that facilitate in- and ment for not more than 5 years, or both, in vestigative and forensic work, including (B) a strategic plan for meeting such needs the case of an offense under this subpara- computer forensics; of such law enforcement agencies.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10904 CONGRESSIONAL RECORD — SENATE November 13, 2002 (2) For the fiscal year preceding the fiscal SEC. 236. COORDINATION WITH OTHER ENTITIES garding the use of the national laboratories year for which such budget is submitted, a WITHIN DEPARTMENT OF JUSTICE. or sites and support of the science and tech- description of the activities carried out by Section 102 of the Omnibus Crime Control nology base at those facilities; the Office and an evaluation of the extent to and Safe Streets Act of 1968 (42 U.S.C. 3712) is (8) collaborating with the Secretary of Ag- which those activities successfully meet the amended in subsection (a)(5) by inserting riculture and the Attorney General as pro- needs assessed under paragraph (1)(A) in pre- ‘‘coordinate and’’ before ‘‘provide’’. vided in section 212 of the Agricultural Bio- vious reports. SEC. 237. AMENDMENTS RELATING TO NATIONAL terrorism Protection Act of 2002 (7 U.S.C. SEC. 233. DEFINITION OF LAW ENFORCEMENT INSTITUTE OF JUSTICE. 8401), as amended by section 1709(b); TECHNOLOGY. Section 202(c) of the Omnibus Crime Con- (9) collaborating with the Secretary of For the purposes of this title, the term trol and Safety Streets Act of 1968 (42 U.S.C. Health and Human Services and the Attor- ‘‘law enforcement technology’’ includes in- 3722(c)) is amended— ney General in determining any new biologi- vestigative and forensic technologies, correc- (1) in paragraph (3) by inserting ‘‘, includ- cal agents and toxins that shall be listed as tions technologies, and technologies that ing cost effectiveness where practical,’’ be- ‘‘select agents’’ in Appendix A of part 72 of support the judicial process. fore ‘‘of projects’’; and title 42, Code of Federal Regulations, pursu- SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE (2) by striking ‘‘and’’ after the semicolon ant to section 351A of the Public Health AND TECHNOLOGY OF NATIONAL IN- at the end of paragraph (8), striking the pe- Service Act (42 U.S.C. 262a); STITUTE OF JUSTICE; TRANSFER OF riod at the end of paragraph (9) and inserting (10) supporting United States leadership in FUNCTIONS. ‘‘; and’’, and by adding at the end the fol- science and technology; (a) AUTHORITY TO TRANSFER FUNCTIONS.— lowing: (11) establishing and administering the pri- The Attorney General may transfer to the ‘‘(10) research and development of tools mary research and development activities of Office any other program or activity of the and technologies relating to prevention, de- the Department, including the long-term re- Department of Justice that the Attorney tection, investigation, and prosecution of search and development needs and capabili- General, in consultation with the Committee crime; and ties for all elements of the Department; on the Judiciary of the Senate and the Com- ‘‘(11) support research, development, test- (12) coordinating and integrating all re- mittee on the Judiciary of the House of Rep- ing, training, and evaluation of tools and search, development, demonstration, testing, resentatives, determines to be consistent technology for Federal, State, and local law and evaluation activities of the Department; with the mission of the Office. enforcement agencies.’’. (13) coordinating with other appropriate (b) TRANSFER OF PERSONNEL AND ASSETS.— TITLE III—SCIENCE AND TECHNOLOGY IN executive agencies in developing and car- With respect to any function, power, or duty, SUPPORT OF HOMELAND SECURITY rying out the science and technology agenda or any program or activity, that is estab- of the Department to reduce duplication and lished in the Office, those employees and as- SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY. identify unmet needs; and sets of the element of the Department of (14) developing and overseeing the adminis- Justice from which the transfer is made that There shall be in the Department a Direc- torate of Science and Technology headed by tration of guidelines for merit review of re- the Attorney General determines are needed search and development projects throughout to perform that function, power, or duty, or an Under Secretary for Science and Tech- nology. the Department, and for the dissemination of for that program or activity, as the case may research conducted or sponsored by the De- SEC. 302. RESPONSIBILITIES AND AUTHORITIES be, shall be transferred to the Office. partment. (c) REPORT ON IMPLEMENTATION.—Not later OF THE UNDER SECRETARY FOR than 1 year after the date of the enactment SCIENCE AND TECHNOLOGY. SEC. 303. FUNCTIONS TRANSFERRED. of this Act, the Attorney General shall sub- The Secretary, acting through the Under In accordance with title XV, there shall be mit to the Committee on the Judiciary of Secretary for Science and Technology, shall transferred to the Secretary the functions, the Senate and the Committee on the Judici- have the responsibility for— personnel, assets, and liabilities of the fol- ary of the House of Representatives a report (1) advising the Secretary regarding re- lowing entities: on the implementation of this title. The research and development efforts and prior- (1) The following programs and activities port shall— ities in support of the Department’s mis- of the Department of Energy, including the (1) provide an accounting of the amounts sions; functions of the Secretary of Energy relating and sources of funding available to the Office (2) developing, in consultation with other thereto (but not including programs and ac- to carry out its mission under existing au- appropriate executive agencies, a national tivities relating to the strategic nuclear de- thorizations and appropriations, and set policy and strategic plan for, identifying pri- fense posture of the United States): forth the future funding needs of the Office; orities, goals, objectives and policies for, and (A) The chemical and biological national and coordinating the Federal Government’s civil- security and supporting programs and activi- (2) include such other information and rec- ian efforts to identify and develop counter- ties of the nonproliferation and verification ommendations as the Attorney General con- measures to chemical, biological, radio- research and development program. siders appropriate. logical, nuclear, and other emerging ter- (B) The nuclear smuggling programs and rorist threats, including the development of activities within the proliferation detection SEC. 235. NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CEN- comprehensive, research-based definable program of the nonproliferation and TERS. goals for such efforts and development of an- verification research and development pro- (a) IN GENERAL.—The Director of the Office nual measurable objectives and specific tar- gram. The programs and activities described shall operate and support National Law En- gets to accomplish and evaluate the goals for in this subparagraph may be designated by forcement and Corrections Technology Cen- such efforts; the President either for transfer to the De- ters (hereinafter in this section referred to (3) supporting the Under Secretary for In- partment or for joint operation by the Sec- as ‘‘Centers’’) and, to the extent necessary, formation Analysis and Infrastructure Pro- retary and the Secretary of Energy. establish new centers through a merit-based, tection, by assessing and testing homeland (C) The nuclear assessment program and competitive process. security vulnerabilities and possible threats; activities of the assessment, detection, and (b) PURPOSE OF CENTERS.—The purpose of (4) conducting basic and applied research, cooperation program of the international the Centers shall be to— development, demonstration, testing, and materials protection and cooperation pro- (1) support research and development of evaluation activities that are relevant to gram. law enforcement technology; any or all elements of the Department, (D) Such life sciences activities of the bio- (2) support the transfer and implementa- through both intramural and extramural logical and environmental research program tion of technology; programs, except that such responsibility related to microbial pathogens as may be (3) assist in the development and dissemi- does not extend to human health-related redesignated by the President for transfer to nation of guidelines and technological stand- search and development activities; the Department. ards; and (5) establishing priorities for, directing, (E) The Environmental Measurements Lab- (4) provide technology assistance, informa- funding, and conducting national research, oratory. tion, and support for law enforcement, cor- development, test and evaluation, and pro- (F) The advanced scientific computing re- rections, and criminal justice purposes. curement of technology and systems for— search program and activities at Lawrence (c) ANNUAL MEETING.—Each year, the Di- (A) preventing the importation of chem- Livermore National Laboratory. rector shall convene a meeting of the Cen- ical, biological, radiological, nuclear, and re- (2) The National Bio-Weapons Defense ters in order to foster collaboration and com- lated weapons and material; and Analysis Center of the Department of De- munication between Center participants. (B) detecting, preventing, protecting fense, including the functions of the Sec- (d) REPORT.—Not later than 12 months against, and responding to terrorist attacks; retary of Defense related thereto. after the date of the enactment of this Act, (6) establishing a system for transferring SEC. 304. CONDUCT OF CERTAIN PUBLIC the Director shall transmit to the Congress a homeland security developments or tech- HEALTH-RELATED ACTIVITIES. report assessing the effectiveness of the ex- nologies to federal, state, local government, (a) IN GENERAL.—With respect to civilian isting system of Centers and identify the and private sector entities; human health-related research and develop- number of Centers necessary to meet the (7) entering into work agreements, joint ment activities relating to countermeasures technology needs of Federal, State, and local sponsorships, contracts, or any other agree- for chemical, biological, radiological, and law enforcement in the United States. ments with the Department of Energy re- nuclear and other emerging terrorist threats

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10905 carried out by the Department of Health and laration under subparagraph (A), and an in- costs of litigation, resulting from the failure Human Services (including the Public Health dividual to whom the vaccinia vaccine is not of any covered person to carry out any obli- Service), the Secretary of Health and Human administered contracts vaccinia, then, under gation or responsibility assumed by such Services shall set priorities, goals, objec- the circumstances specified in clause (ii), the person under a contract with the United tives, and policies and develop a coordinated individual— States or from any grossly negligent, reck- strategy for such activities in collaboration ‘‘(I) shall be rebuttably presumed to have less, or illegal conduct or willful misconduct with the Secretary of Homeland Security to contracted vaccinia from an individual to on the part of such person. ensure consistency with the national policy whom such vaccine was administered as pro- ‘‘(B) VENUE.—The United States may main- and strategic plan developed pursuant to sec- vided by clauses (i) and (ii) of subparagraph tain an action under this paragraph against tion 302(2). (B); and such person in the district court of the (b) EVALUATION OF PROGRESS.—In carrying ‘‘(II) shall (unless such presumption is re- United States in which such person resides out subsection (a), the Secretary of Health butted) be deemed for purposes of this sub- or has its principal place of business. and Human Services shall collaborate with section to be an individual to whom a cov- ‘‘(7) DEFINITIONS.—As used in this sub- the Secretary in developing specific bench- ered countermeasure was administered by a section, terms have the following meanings: marks and outcome measurements for evalu- qualified person in accordance with the ‘‘(A) COVERED COUNTERMEASURE.—The term ating progress toward achieving the prior- terms of such declaration and as described ‘covered countermeasure’, or ‘covered coun- ities and goals described in such subsection. by subparagraph (B). termeasure against smallpox’, means a sub- (c) ADMINISTRATION OF COUNTERMEASURES ‘‘(ii) CIRCUMSTANCES IN WHICH PRESUMPTION stance that is— AGAINST SMALLPOX.—Section 224 of the Pub- APPLIES.—The presumption and deeming lic Health Service Act (42 U.S.C. 233) is ‘‘(i)(I) used to prevent or treat smallpox stated in clause (i) shall apply if— (including the vaccinia or another vaccine); amended by adding the following: ‘‘(I) the individual contracts vaccinia dur- ‘‘(p) ADMINISTRATION OF SMALLPOX COUN- or ing the effective period of a declaration TERMEASURES BY HEALTH PROFESSIONALS.— ‘‘(II) vaccinia immune globulin used to under subparagraph (A) or by the date 30 ‘‘(1) IN GENERAL.—For purposes of this sec- control or treat the adverse effects of days after the close of such period; or tion, and subject to other provisions of this vaccinia inoculation; and ‘‘(II) the individual resides or has resided subsection, a covered person shall be deemed ‘‘(ii) specified in a declaration under para- with an individual to whom such vaccine was graph (2). to be an employee of the Public Health Serv- administered as provided by clauses (i) and ice with respect to liability arising out of ad- ‘‘(B) COVERED PERSON.—The term ‘covered (ii) of subparagraph (B) and contracts person’, when used with respect to the administration of a covered countermeasure vaccinia after such date. against smallpox to an individual during the ministration of a covered countermeasure, ‘‘(3) EXCLUSIVITY OF REMEDY.—The remedy effective period of a declaration by the Sec- includes any person who is— provided by subsection (a) shall be exclusive ‘‘(i) a manufacturer or distributor of such retary under paragraph (2)(A). of any other civil action or proceeding for ‘‘(2) DECLARATION BY SECRETARY CON- countermeasure; any claim or suit this subsection encom- ‘‘(ii) a health care entity under whose aus- CERNING COUNTERMEASURE AGAINST SMALL- passes. POX.— pices such countermeasure was adminis- ‘‘(4) CERTIFICATION OF ACTION BY ATTORNEY tered; ‘‘(A) AUTHORITY TO ISSUE DECLARATION.— GENERAL.—Subsection (c) applies to actions ‘‘(iii) a qualified person who administered ‘‘(i) IN GENERAL.—The Secretary may issue under this subsection, subject to the fol- such countermeasure; or a declaration, pursuant to this paragraph, lowing provisions: ‘‘(iv) an official, agent, or employee of a concluding that an actual or potential bio- ‘‘(A) NATURE OF CERTIFICATION.—The cer- person described in clause (i), (ii), or (iii). terrorist incident or other actual or poten- tification by the Attorney General that is ‘‘(C) QUALIFIED PERSON.—The term ‘quali- tial public health emergency makes advis- the basis for deeming an action or pro- fied person’, when used with respect to the able the administration of a covered coun- ceeding to be against the United States, and administration of a covered countermeasure, termeasure to a category or categories of infor removing an action or proceeding from a means a licensed health professional or other dividuals. State court, is a certification that the action individual who is authorized to administer ‘‘(ii) COVERED COUNTERMEASURE.—The Sec- or proceeding is against a covered person and retary shall specify in such declaration the is based upon a claim alleging personal in- such countermeasure under the law of the substance or substances that shall be consid- jury or death arising out of the administra- State in which the countermeasure was ad- ered covered countermeasures (as defined in tion of a covered countermeasure. ministered.’’. paragraph (8)(A)) for purposes of administra- ‘‘(B) CERTIFICATION OF ATTORNEY GENERAL SEC. 305. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS. tion to individuals during the effective pe- CONCLUSIVE.—The certification of the Attor- The Secretary, acting through the Under riod of the declaration. ney General of the facts specified in subpara- Secretary for Science and Technology, shall ‘‘(iii) EFFECTIVE PERIOD.—The Secretary graph (A) shall conclusively establish such have the authority to establish or contract shall specify in such declaration the begin- facts for purposes of jurisdiction pursuant to with 1 or more federally funded research and ning and ending dates of the effective period this subsection. development centers to provide independent of the declaration, and may subsequently ‘‘(5) DEFENDANT TO COOPERATE WITH UNITED analysis of homeland security issues, or to amend such declaration to shorten or extend STATES.— carry out other responsibilities under this such effective period, provided that the new ‘‘(A) IN GENERAL.—A covered person shall Act, including coordinating and integrating closing date is after the date when the dec- cooperate with the United States in the both the extramural and intramural pro- laration is amended. processing and defense of a claim or action grams described in section 308. ‘‘(iv) PUBLICATION.—The Secretary shall under this subsection based upon alleged promptly publish each such declaration and acts or omissions of such person. SEC. 306. MISCELLANEOUS PROVISIONS. (a) CLASSIFICATION.—To the greatest extent amendment in the Federal Register. ‘‘(B) CONSEQUENCES OF FAILURE TO COOPER- practicable, research conducted or supported ‘‘(B) LIABILITY OF UNITED STATES ONLY FOR ATE.—Upon the motion of the United States by the Department shall be unclassified. ADMINISTRATIONS WITHIN SCOPE OF DECLARA- or any other party and upon finding that (b) CONSTRUCTION.—Nothing in this title TION.—Except as provided in paragraph such person has failed to so cooperate— shall be construed to preclude any Under (5)(B)(ii), the United States shall be liable ‘‘(i) the court shall substitute such person Secretary of the Department from carrying under this subsection with respect to a claim as the party defendant in place of the United out research, development, demonstration, arising out of the administration of a cov- States and, upon motion, shall remand any or deployment activities, as long as such ac- ered countermeasure to an individual only such suit to the court in which it was insti- tivities are coordinated through the Under if— tuted if it appears that the court lacks sub- Secretary for Science and Technology. ‘‘(i) the countermeasure was administered ject matter jurisdiction; (c) REGULATIONS.—The Secretary, acting by a qualified person, for a purpose stated in ‘‘(ii) the United States shall not be liable through the Under Secretary for Science and paragraph (7)(A)(i), and during the effective based on the acts or omissions of such per- Technology, may issue necessary regulations period of a declaration by the Secretary son; and with respect to research, development, dem- under subparagraph (A) with respect to such ‘‘(iii) the Attorney General shall not be ob- onstration, testing, and evaluation activities countermeasure; and ligated to defend such action. of the Department, including the conducting, ‘‘(ii)(I) the individual was within a cat- ‘‘(6) RECOURSE AGAINST COVERED PERSON IN funding, and reviewing of such activities. egory of individuals covered by the declara- CASE OF GROSS MISCONDUCT OR CONTRACT VIO- (d) NOTIFICATION OF PRESIDENTIAL LIFE tion; or LATION.— SCIENCES DESIGNATIONS.—Not later than 60 ‘‘(II) the qualified person administering ‘‘(A) IN GENERAL.—Should payment be days before effecting any transfer of Depart- the countermeasure had reasonable grounds made by the United States to any claimant ment of Energy life sciences activities pursu- to believe that such individual was within bringing a claim under this subsection, ei- ant to section 303(1)(D) of this Act, the Presi- such category. ther by way of administrative determina- dent shall notify the appropriate congres- ‘‘(C) PRESUMPTION OF ADMINISTRATION WITH- tion, settlement, or court judgment, the sional committees of the proposed transfer IN SCOPE OF DECLARATION IN CASE OF ACCI- United States shall have, notwithstanding and shall include the reasons for the transfer DENTAL VACCINIA INOCULATION.— any provision of State law, the right to re- and a description of the effect of the transfer ‘‘(i) IN GENERAL.—If vaccinia vaccine is a cover for that portion of the damages so on the activities of the Department of En- covered countermeasure specified in a dec- awarded or paid, as well as interest and any ergy.

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SEC. 307. HOMELAND SECURITY ADVANCED RE- mandant of the Coast Guard, to carry out re- (D) AUTHORIZATION OF APPROPRIATIONS.— SEARCH PROJECTS AGENCY. search and development of improved ports, There are authorized to be appropriated such (a) DEFINITIONS.—In this section: waterways and coastal security surveillance sums as may be necessary to carry out this (1) FUND.—The term ‘‘Fund’’ means the Ac- and perimeter protection capabilities for the paragraph. celeration Fund for Research and Develop- purpose of minimizing the possibility that (c) INTRAMURAL PROGRAMS.— ment of Homeland Security Technologies es- Coast Guard cutters, aircraft, helicopters, (1) CONSULTATION.—In carrying out the du- tablished in subsection (c). and personnel will be diverted from non- ties under section 302, the Secretary, acting (2) HOMELAND SECURITY RESEARCH.—The homeland security missions to the ports, wa- through the Under Secretary for Science and term ‘‘homeland security research’’ means terways and coastal security mission. Technology, may draw upon the expertise of research relevant to the detection of, preven- SEC. 308. CONDUCT OF RESEARCH, DEVELOP- any laboratory of the Federal Government, tion of, protection against, response to, at- MENT, DEMONSTRATION, TESTING whether operated by a contractor or the tribution of, and recovery from homeland se- AND EVALUATION. Government. curity threats, particularly acts of ter- (a) IN GENERAL.—The Secretary, acting (2) LABORATORIES.—The Secretary, acting rorism. through the Under Secretary for Science and through the Under Secretary for Science and (3) HSARPA.—The term ‘‘HSARPA’’ means Technology, shall carry out the responsibil- Technology, may establish a headquarters the Homeland Security Advanced Research ities under section 302(4) through both extra- laboratory for the Department at any lab- Projects Agency established in subsection mural and intramural programs. oratory or site and may establish additional (b). (b) EXTRAMURAL PROGRAMS.— laboratory units at other laboratories or (4) UNDER SECRETARY.—The term ‘‘Under (1) IN GENERAL.—The Secretary, acting sites. Secretary’’ means the Under Secretary for through the Under Secretary for Science and (3) CRITERIA FOR HEADQUARTERS LABORA- Science and Technology. Technology, shall operate extramural re- TORY.—If the Secretary chooses to establish (b) HSARPA.— search, development, demonstration, testing, a headquarters laboratory pursuant to para- (1) ESTABLISHMENT.—There is established and evaluation programs so as to— graph (2), then the Secretary shall do the fol- the Homeland Security Advanced Research (A) ensure that colleges, universities, pri- lowing: Projects Agency. vate research institutes, and companies (and (A) Establish criteria for the selection of (2) DIRECTOR.—HSARPA shall be headed by consortia thereof) from as many areas of the the headquarters laboratory in consultation a Director, who shall be appointed by the United States as practicable participate; with the National Academy of Sciences, ap- Secretary. The Director shall report to the (B) ensure that the research funded is of propriate Federal agencies, and other ex- Under Secretary. high quality, as determined through merit perts. (3) RESPONSIBILITIES.—The Director shall review processes developed under section (B) Publish the criteria in the Federal Reg- administer the Fund to award competitive, 302(14); and ister. merit-reviewed grants, cooperative agree- (C) distribute funds through grants, coop- (C) Evaluate all appropriate laboratories ments or contracts to public or private enti- erative agreements, and contracts. or sites against the criteria. ties, including businesses, federally funded (2) UNIVERSITY-BASED CENTERS FOR HOME- (D) Select a laboratory or site on the basis LAND SECURITY.— research and development centers, and uni- of the criteria. (A) ESTABLISHMENT.—The Secretary, act- versities. The Director shall administer the (E) Report to the appropriate congres- ing through the Under Secretary for Science Fund to— sional committees on which laboratory was and Technology, shall establish within 1 year (A) support basic and applied homeland se- selected, how the selected laboratory meets of the date of enactment of this Act a uni- curity research to promote revolutionary the published criteria, and what duties the versity-based center or centers for homeland changes in technologies that would promote headquarters laboratory shall perform. security. The purpose of this center or cen- homeland security; (4) LIMITATION ON OPERATION OF LABORA- ters shall be to establish a coordinated, uni- (B) advance the development, testing and TORIES.—No laboratory shall begin operating versity-based system to enhance the Na- evaluation, and deployment of critical home- as the headquarters laboratory of the De- tion’s homeland security. land security technologies; and partment until at least 30 days after the (B) CRITERIA FOR SELECTION.—In selecting (C) accelerate the prototyping and deploy- transmittal of the report required by para- colleges or universities as centers for home- ment of technologies that would address graph (3)(E). homeland security vulnerabilities. land security, the Secretary shall consider SEC. 309. UTILIZATION OF DEPARTMENT OF EN- (4) TARGETED COMPETITIONS.—The Director the following criteria: ERGY NATIONAL LABORATORIES may solicit proposals to address specific (i) Demonstrated expertise in the training AND SITES IN SUPPORT OF HOME- vulnerabilities identified by the Director. of first responders. LAND SECURITY ACTIVITIES. (5) COORDINATION.—The Director shall en- (ii) Demonstrated expertise in responding (a) AUTHORITY TO UTILIZE NATIONAL LAB- sure that the activities of HSARPA are co- to incidents involving weapons of mass de- ORATORIES AND SITES.— ordinated with those of other relevant re- struction and biological warfare. (1) IN GENERAL.—In carrying out the mis- search agencies, and may run projects joint- (iii) Demonstrated expertise in emergency sions of the Department, the Secretary may ly with other agencies. medical services. utilize the Department of Energy national (6) PERSONNEL.—In hiring personnel for (iv) Demonstrated expertise in chemical, laboratories and sites through any 1 or more HSARPA, the Secretary shall have the hir- biological, radiological, and nuclear counter- of the following methods, as the Secretary ing and management authorities described in measures. considers appropriate: section 1101 of the Strom Thurmond Na- (v) Strong affiliations with animal and (A) A joint sponsorship arrangement re- tional Defense Authorization Act for Fiscal plant diagnostic laboratories. ferred to in subsection (b). Year 1999 (5 U.S.C. 3104 note; Public Law 105– (vi) Demonstrated expertise in food safety. (B) A direct contract between the Depart- 261). The term of appointments for employ- (vii) Affiliation with Department of Agri- ment and the applicable Department of En- ees under subsection (c)(1) of that section culture laboratories or training centers. ergy laboratory or site, subject to subsection may not exceed 5 years before the granting (viii) Demonstrated expertise in water and (c). of any extension under subsection (c)(2) of wastewater operations. (C) Any ‘‘work for others’’ basis made that section. (ix) Demonstrated expertise in port and available by that laboratory or site. (7) DEMONSTRATIONS.—The Director, peri- waterway security. (D) Any other method provided by law. odically, shall hold homeland security tech- (x) Demonstrated expertise in multi-modal (2) ACCEPTANCE AND PERFORMANCE BY LABS nology demonstrations to improve contact transportation. AND SITES.—Notwithstanding any other law among technology developers, vendors and (xi) Nationally recognized programs in in- governing the administration, mission, use, acquisition personnel. formation security. or operations of any of the Department of (c) FUND.— (xii) Nationally recognized programs in en- Energy national laboratories and sites, such (1) ESTABLISHMENT.—There is established gineering. laboratories and sites are authorized to ac- the Acceleration Fund for Research and De- (xiii) Demonstrated expertise in edu- cept and perform work for the Secretary, velopment of Homeland Security Tech- cational outreach and technical assistance. consistent with resources provided, and per- nologies, which shall be administered by the (xiv) Demonstrated expertise in border form such work on an equal basis to other Director of HSARPA. transportation and security. missions at the laboratory and not on a non- (2) AUTHORIZATION OF APPROPRIATIONS.— (xv) Demonstrated expertise in inter- interference basis with other missions of There are authorized to be appropriated disciplinary public policy research and com- such laboratory or site. $500,000,000 to the Fund for fiscal year 2003 munication outreach regarding science, (b) JOINT SPONSORSHIP ARRANGEMENTS.— and such sums as may be necessary there- technology, and public policy. (1) LABORATORIES.—The Department may after. (C) DISCRETION OF SECRETARY.—The Sec- be a joint sponsor, under a multiple agency (3) COAST GUARD.—Of the funds authorized retary shall have the discretion to establish sponsorship arrangement with the Depart- to be appropriated under paragraph (2), not such centers and to consider additional cri- ment of Energy, of 1 or more Department of less than 10 percent of such funds for each teria as necessary to meet the evolving needs Energy national laboratories in the perform- fiscal year through fiscal year 2005 shall be of homeland security and shall report to ance of work. authorized only for the Under Secretary, Congress concerning the implementation of (2) SITES.—The Department may be a joint through joint agreement with the Com- this paragraph as necessary. sponsor of a Department of Energy site in

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the performance of work as if such site were (f) LABORATORY DIRECTED RESEARCH AND nities. The individuals appointed as members a federally funded research and development DEVELOPMENT BY THE DEPARTMENT OF EN- of the Advisory Committee— center and the work were performed under a ERGY.—No funds authorized to be appro- (A) shall be eminent in fields such as emer- multiple agency sponsorship arrangement priated or otherwise made available to the gency response, research, engineering, new with the Department. Department in any fiscal year may be obli- product development, business, and manage- (3) PRIMARY SPONSOR.—The Department of gated or expended for laboratory directed re- ment consulting; Energy shall be the primary sponsor under a search and development activities carried (B) shall be selected solely on the basis of multiple agency sponsorship arrangement out by the Department of Energy unless such established records of distinguished service; referred to in paragraph (1) or (2). activities support the missions of the De- (C) shall not be employees of the Federal (4) LEAD AGENT.—The Secretary of Energy partment of Homeland Security. Government; and shall act as the lead agent in coordinating (g) OFFICE FOR NATIONAL LABORATORIES.— (D) shall be so selected as to provide rep- the formation and performance of a joint There is established within the Directorate resentation of a cross-section of the re- sponsorship arrangement under this sub- of Science and Technology an Office for Na- search, development, demonstration, and de- section between the Department and a De- tional Laboratories, which shall be respon- ployment activities supported by the Under partment of Energy national laboratory or sible for the coordination and utilization of Secretary for Science and Technology. site. the Department of Energy national labora- (2) NATIONAL RESEARCH COUNCIL.—The (5) FEDERAL ACQUISITION REGULATION.—Any tories and sites under this section in a man- Under Secretary for Science and Technology work performed by a Department of Energy ner to create a networked laboratory system may enter into an arrangement for the Na- national laboratory or site under a joint for the purpose of supporting the missions of tional Research Council to select members of sponsorship arrangement under this sub- the Department. the Advisory Committee, but only if the section shall comply with the policy on the (h) DEPARTMENT OF ENERGY COORDINATION panel used by the National Research Council use of federally funded research and develop- ON HOMELAND SECURITY RELATED RE- reflects the representation described in para- ment centers under the Federal Acquisition SEARCH.—The Secretary of Energy shall en- graph (1). Regulations. sure that any research, development, test, (c) TERMS OF OFFICE.— (6) FUNDING.—The Department shall pro- and evaluation activities conducted within (1) IN GENERAL.—Except as otherwise provide funds for work at the Department of En- the Department of Energy that are directly vided in this subsection, the term of office of ergy national laboratories or sites, as the or indirectly related to homeland security each member of the Advisory Committee case may be, under a joint sponsorship ar- are fully coordinated with the Secretary to shall be 3 years. rangement under this subsection under the minimize duplication of effort and maximize (2) ORIGINAL APPOINTMENTS.—The original same terms and conditions as apply to the the effective application of Federal budget members of the Advisory Committee shall be primary sponsor of such national laboratory resources. appointed to three classes of three members under section 303(b)(1)(C) of the Federal SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL each. One class shall have a term of 1 year, Property and Administrative Services Act of DISEASE CENTER, DEPARTMENT OF 1 a term of 2 years, and the other a term of 1949 (41 U.S.C. 253 (b)(1)(C)) or of such site to AGRICULTURE. 3 years. the extent such section applies to such site (a) IN GENERAL.—In accordance with title (3) VACANCIES.—A member appointed to fill as a federally funded research and develop- XV, the Secretary of Agriculture shall trans- a vacancy occurring before the expiration of ment center by reason of this subsection. fer to the Secretary of Homeland Security the term for which the member’s predecessor (c) SEPARATE CONTRACTING.—To the extent the Plum Island Animal Disease Center of was appointed shall be appointed for the re- that programs or activities transferred by the Department of Agriculture, including the mainder of such term. this Act from the Department of Energy to assets and liabilities of the Center. (d) ELIGIBILITY.—A person who has com- the Department of Homeland Security are (b) CONTINUED DEPARTMENT OF AGRI- pleted two consecutive full terms of service being carried out through direct contracts CULTURE ACCESS.—On completion of the on the Advisory Committee shall thereafter with the operator of a national laboratory or transfer of the Plum Island Animal Disease be ineligible for appointment during the 1- site of the Department of Energy, the Sec- Center under subsection (a), the Secretary of year period following the expiration of the retary of Homeland Security and the Sec- Homeland Security and the Secretary of Ag- second such term. riculture shall enter into an agreement to retary of Energy shall ensure that direct (e) MEETINGS.—The Advisory Committee contracts for such programs and activities ensure that the Department of Agriculture is shall meet at least quarterly at the call of between the Department of Homeland Secu- able to carry out research, diagnostic, and the Chair or whenever one-third of the mem- rity and such operator are separate from the other activities of the Department of Agri- bers so request in writing. Each member direct contracts of the Department of En- culture at the Center. shall be given appropriate notice of the call (c) DIRECTION OF ACTIVITIES.—The Sec- ergy with such operator. of each meeting, whenever possible not less retary of Agriculture shall continue to direct (d) AUTHORITY WITH RESPECT TO COOPERA- than 15 days before the meeting. TIVE RESEARCH AND DEVELOPMENT AGREE- the research, diagnostic, and other activities (f) QUORUM.—A majority of the members of of the Department of Agriculture at the Cen- MENTS AND LICENSING AGREEMENTS.—In con- the Advisory Committee not having a con- ter described in subsection (b). nection with any utilization of the Depart- flict of interest in the matter being consid- (d) NOTIFICATION.— ment of Energy national laboratories and ered by the Advisory Committee shall con- (1) IN GENERAL.—At least 180 days before sites under this section, the Secretary may stitute a quorum. permit the director of any such national lab- any change in the biosafety level at the (g) CONFLICT OF INTEREST RULES.—The Ad- oratory or site to enter into cooperative re- Plum Island Animal Disease Center, the visory Committee shall establish rules for search and development agreements or to ne- President shall notify Congress of the change determining when 1 of its members has a gotiate licensing agreements with any per- and describe the reasons for the change. conflict of interest in a matter being consid- son, any agency or instrumentality, of the (2) LIMITATION.—No change described in ered by the Advisory Committee. United States, any unit of State or local gov- paragraph (1) may be made earlier than 180 (h) REPORTS.— ernment, and any other entity under the au- days after the completion of the transition (1) ANNUAL REPORT.—The Advisory Com- thority granted by section 12 of the Steven- period (as defined in section 1501. mittee shall render an annual report to the son-Wydler Technology Innovation Act of SEC. 311. HOMELAND SECURITY SCIENCE AND Under Secretary for Science and Technology 1980 (15 U.S.C. 3710a). Technology may be TECHNOLOGY ADVISORY COM- for transmittal to Congress on or before Jan- transferred to a non-Federal party to such MITTEE. uary 31 of each year. Such report shall dean agreement consistent with the provisions (a) ESTABLISHMENT.—There is established of sections 11 and 12 of that Act (15 U.S.C. within the Department a Homeland Security scribe the activities and recommendations of 3710, 3710a). Science and Technology Advisory Com- the Advisory Committee during the previous (e) REIMBURSEMENT OF COSTS.—In the case mittee (in this section referred to as the year. of an activity carried out by the operator of ‘‘Advisory Committee’’). The Advisory Com- (2) ADDITIONAL REPORTS.—The Advisory a Department of Energy national laboratory mittee shall make recommendations with re- Committee may render to the Under Sec- or site in connection with any utilization of spect to the activities of the Under Sec- retary for transmittal to Congress such addi- such laboratory or site under this section, retary for Science and Technology, including tional reports on specific policy matters as it the Department of Homeland Security shall identifying research areas of potential im- considers appropriate. reimburse the Department of Energy for portance to the security of the Nation. (i) FACA EXEMPTION.—Section 14 of the costs of such activity through a method (b) MEMBERSHIP.— Federal Advisory Committee Act shall not under which the Secretary of Energy waives (1) APPOINTMENT.—The Advisory Com- apply to the Advisory Committee. any requirement for the Department of mittee shall consist of 20 members appointed (j) TERMINATION.—The Department of Homeland Security to pay administrative by the Under Secretary for Science and Homeland Security Science and Technology charges or personnel costs of the Department Technology, which shall include emergency Advisory Committee shall terminate 3 years of Energy or its contractors in excess of the first-responders or representatives of organi- after the effective date of this Act. amount that the Secretary of Energy pays zations or associations of emergency first-re- SEC. 312. HOMELAND SECURITY INSTITUTE. for an activity carried out by such con- sponders. The Advisory Committee shall also (a) ESTABLISHMENT.—The Secretary shall tractor and paid for by the Department of include representatives of citizen groups, in- establish a federally funded research and de- Energy. cluding economically disadvantaged commu- velopment center to be known as the

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(4) The provision of guidance, rec- sonnel, assets, and liabilities of— (c) DUTIES.—The duties of the Institute ommendations, and technical assistance, as (1) the United States Customs Service of shall be determined by the Secretary, and appropriate, to assist Federal, State, and the Department of the Treasury, including may include the following: local government and private sector efforts the functions of the Secretary of the Treas- (1) Systems analysis, risk analysis, and to evaluate and implement the use of tech- ury relating thereto; simulation and modeling to determine the nologies described in paragraph (1) or (2). (2) the Transportation Security Adminis- vulnerabilities of the Nation’s critical infra- (5) The provision of information for per- tration of the Department of Transportation, structures and the effectiveness of the sys- sons seeking guidance on how to pursue pro- including the functions of the Secretary of tems deployed to reduce those posals to develop or deploy technologies that Transportation, and of the Under Secretary vulnerabilities. would enhance homeland security, including of Transportation for Security, relating (2) Economic and policy analysis to assess information relating to Federal funding, reg- thereto; the distributed costs and benefits of alter- ulation, or acquisition. (3) the Federal Protective Service of the native approaches to enhancing security. (c) MISCELLANEOUS PROVISIONS.— General Services Administration, including (3) Evaluation of the effectiveness of meas- (1) IN GENERAL.—Nothing in this section the functions of the Administrator of Gen- ures deployed to enhance the security of in- shall be construed as authorizing the Sec- eral Services relating thereto; stitutions, facilities, and infrastructure that retary or the technical assistance team es- (4) the Federal Law Enforcement Training may be terrorist targets. tablished under subsection (b)(3) to set Center of the Department of the Treasury; (4) Identification of instances when com- standards for technology to be used by the and mon standards and protocols could improve Department, any other executive agency, (5) the Office for Domestic Preparedness of the interoperability and effective utilization any State or local government entity, or any the Office of Justice Programs, including the of tools developed for field operators and private sector entity. functions of the Attorney General relating first responders. (2) CERTAIN PROPOSALS.—The technical as- thereto. (5) Assistance for Federal agencies and de- sistance team established under subsection Subtitle B—United States Customs Service partments in establishing testbeds to evalu- (b)(3) shall not consider or evaluate pro- SEC. 411. ESTABLISHMENT; COMMISSIONER OF ate the effectiveness of technologies under posals submitted in response to a solicita- CUSTOMS. development and to assess the appropriate- tion for offers for a pending procurement or (a) ESTABLISHMENT.—There is established ness of such technologies for deployment. for a specific agency requirement. in the Department the United States Cus- (6) Design of metrics and use of those (3) COORDINATION.—In carrying out this toms Service, under the authority of the metrics to evaluate the effectiveness of section, the Secretary shall coordinate with Under Secretary for Border and Transpor- homeland security programs throughout the the Technical Support Working Group (orga- tation Security, which shall be vested with Federal Government, including all national nized under the April 1982 National Security those functions including, but not limited to laboratories. Decision Directive Numbered 30). those set forth in section 415(7), and the per- (7) Design of and support for the conduct of TITLE IV—DIRECTORATE OF BORDER AND sonnel, assets, and liabilities attributable to homeland security-related exercises and sim- TRANSPORTATION SECURITY those functions. ulations. (b) COMMISSIONER OF CUSTOMS.— Subtitle A—Under Secretary for Border and (8) Creation of strategic technology devel- (1) IN GENERAL.—There shall be at the head Transportation Security opment plans to reduce vulnerabilities in the of the Customs Service a Commissioner of Nation’s critical infrastructure and key re- SEC. 401. UNDER SECRETARY FOR BORDER AND Customs, who shall be appointed by the sources. TRANSPORTATION SECURITY. President, by and with the advice and con- (d) CONSULTATION ON INSTITUTE ACTIVI- There shall be in the Department a Direc- sent of the Senate. TIES.—In carrying out the duties described in torate of Border and Transportation Secu- (2) COMPENSATION.—Section 5314 of title 5, subsection (c), the Institute shall consult rity headed by an Under Secretary for Bor- United States Code, is amended by striking widely with representatives from private in- der and Transportation Security. ‘‘Commissioner of Customs, Department of dustry, institutions of higher education, SEC. 402. RESPONSIBILITIES. the Treasury’’ nonprofit institutions, other Government The Secretary, acting through the Under agencies, and federally funded reseach and and inserting Secretary for Border and Transportation Se- development centers. ‘‘Commissioner of Customs, Department of curity, shall be responsible for the following: (e) USE OF CENTERS.—The Institute shall Homeland Security.’’. (1) Preventing the entry of terrorists and utilize the capabilities of the National Infra- (3) CONTINUATION IN OFFICE.—The indi- the instruments of terrorism into the United structure Simulation and Analysis Center. vidual serving as the Commissioner of Cus- States. (f) ANNUAL REPORTS.—The Institute shall toms on the day before the effective date of transmit to the Secretary and Congress an (2) Securing the borders, territorial waters, this Act may serve as the Commissioner of annual report on the activities of the Insti- ports, terminals, waterways, and air, land, Customs on and after such effective date tute under this section. and sea transportation systems of the United until a Commissioner of Customs is ap- (g) TERMINATION.—The Homeland Security States, including managing and coordinating pointed under paragraph (1). Institute shall terminate 3 years after the ef- those functions transferred to the Depart- SEC. 412. RETENTION OF CUSTOMS REVENUE fective date of this Act. ment at ports of entry. FUNCTIONS BY SECRETARY OF THE (3) Carrying out the immigration enforce- TREASURY. SEC. 313. TECHNOLOGY CLEARINGHOUSE TO EN- COURAGE AND SUPPORT INNOVA- ment functions vested by statute in, or per- (a) RETENTION OF CUSTOMS REVENUE FUNC- TIVE SOLUTIONS TO ENHANCE formed by, the Commissioner of Immigration TIONS BY SECRETARY OF THE TREASURY.— HOMELAND SECURITY. and Naturalization (or any officer, employee, (1) RETENTION OF AUTHORITY.—Notwith- (a) ESTABLISHMENT OF PROGRAM.—The Sec- or component of the Immigration and Natu- standing section 403(a)(1), authority related retary, acting through the Under Secretary ralization Service) immediately before the to Customs revenue functions that was vest- for Science and Technology, shall establish date on which the transfer of functions speci- ed in the Secretary of the Treasury by law and promote a program to encourage techno- fied under section 441 takes effect. before the effective date of this Act under logical innovation in facilitating the mission (4) Establishing and administering rules, in those provisions of law set forth in para- of the Department (as described in section accordance with section 428, governing the graph (2) shall not be transferred to the Sec- 101). granting of visas or other forms of permis- retary by reason of this Act, and on and after (b) ELEMENTS OF PROGRAM.—The program sion, including parole, to enter the United the effective date of this Act, the Secretary described in subsection (a) shall include the States to individuals who are not a citizen or of the Treasury may delegate any such au- following components: an alien lawfully admitted for permanent thority to the Secretary at the discretion of (1) The establishment of a centralized Fed- residence in the United States. the Secretary of the Treasury. The Secretary eral clearinghouse for information relating (5) Establishing national immigration en- of the Treasury shall consult with the Sec- to technologies that would further the mis- forcement policies and priorities. retary regarding the exercise of any such au- sion of the Department for dissemination, as (6) Except as provided in subtitle C, admin- thority not delegated to the Secretary. appropriate, to Federal, State, and local gov- istering the customs laws of the United (2) STATUTES.—The provisions of law re- ernment and private sector entities for addi- States. ferred to in paragraph (1) are the following: tional review, purchase, or use. (7) Conducting the inspection and related the Tariff Act of 1930; section 249 of the Re- (2) The issuance of announcements seeking administrative functions of the Department vised Statutes of the United States (19 U.S.C. unique and innovative technologies to ad- of Agriculture transferred to the Secretary 3); section 2 of the Act of March 4, 1923 (19 vance the mission of the Department. of Homeland Security under section 421. U.S.C. 6); section 13031 of the Consolidated (3) The establishment of a technical assist- (8) In carrying out the foregoing respon- Omnibus Budget Reconciliation Act of 1985 ance team to assist in screening, as appro- sibilities, ensuring the speedy, orderly, and (19 U.S.C. 58c); section 251 of the Revised priate, proposals submitted to the Secretary efficient flow of lawful traffic and commerce. Statutes of the United States (19 U.S.C. 66);

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10909 section 1 of the Act of June 26, 1930 (19 U.S.C. (7) Functions performed by the following ‘‘(B) amounts deposited into the Customs 68); the Foreign Trade Zones Act (19 U.S.C. personnel, and associated support staff, of Commercial and Homeland Security Auto- 81a et seq.); section 1 of the Act of March 2, the United States Customs Service on the mation Account under paragraph (5).’’; 1911 (19 U.S.C. 198); the Trade Act of 1974; the day before the effective date of this Act: Im- (2) in paragraph (4), by striking ‘‘(other Trade Agreements Act of 1979; the North port Specialists, Entry Specialists, Draw- than the excess fees determined by the Sec- American Free Trade Area Implementation back Specialists, National Import Specialist, retary under paragraph (5))’’; and Act; the Uruguay Round Agreements Act; Fines and Penalties Specialists, attorneys of (3) by striking paragraph (5) and inserting the Caribbean Basin Economic Recovery Act; the Office of Regulations and Rulings, Cus- the following: the Andean Trade Preference Act; the Afri- toms Auditors, International Trade Special- ‘‘(5)(A) There is created within the general can Growth and Opportunity Act; and any ists, Financial Systems Specialists. fund of the Treasury a separate account that other provision of law vesting customs rev- (8) Functions performed by the following shall be known as the ‘Customs Commercial enue functions in the Secretary of the Treas- offices, with respect to any function de- and Homeland Security Automation Ac- ury. scribed in any of paragraphs (1) through (7), count’. In each of fiscal years 2003, 2004, and (b) MAINTENANCE OF CUSTOMS REVENUE and associated support staff, of the United 2005 there shall be deposited into the Ac- FUNCTIONS.— States Customs Service on the day before count from fees collected under subsection (1) MAINTENANCE OF FUNCTIONS.—Notwith- the effective date of this Act: the Office of (a)(9)(A), $350,000,000. standing any other provision of this Act, the Information and Technology, the Office of ‘‘(B) There is authorized to be appropriated Secretary may not consolidate, discontinue, Laboratory Services, the Office of the Chief from the Account in fiscal years 2003 through or diminish those functions described in Counsel, the Office of Congressional Affairs, 2005 such amounts as are available in that paragraph (2) performed by the United States the Office of International Affairs, and the Account for the development, establishment, Customs Service (as established under sec- Office of Training and Development. and implementation of the Automated Com- tion 411) on or after the effective date of this SEC. 416. GAO REPORT TO CONGRESS. mercial Environment computer system for Act, reduce the staffing level, or reduce the Not later than 3 months after the effective the processing of merchandise that is en- resources attributable to such functions, and date of this Act, the Comptroller General of tered or released and for other purposes re- the Secretary shall ensure that an appro- the United States shall submit to Congress a lated to the functions of the Department of priate management structure is imple- report that sets forth all trade functions per- Homeland Security. Amounts appropriated mented to carry out such functions. formed by the executive branch, specifying pursuant to this subparagraph are authorized (2) FUNCTIONS.—The functions referred to each agency that performs each such func- to remain available until expended. in paragraph (1) are those functions per- tion. ‘‘(C) In adjusting the fee imposed by sub- formed by the following personnel, and asso- SEC. 417. ALLOCATION OF RESOURCES BY THE section (a)(9)(A) for fiscal year 2006, the Sec- ciated support staff, of the United States SECRETARY. retary of the Treasury shall reduce the Customs Service on the day before the effec- (a) IN GENERAL.—The Secretary shall en- amount estimated to be collected in fiscal tive date of this Act: Import Specialists, sure that adequate staffing is provided to as- year 2006 by the amount by which total fees Entry Specialists, Drawback Specialists, Na- sure that levels of customs revenue services deposited to the Account during fiscal years tional Import Specialist, Fines and Penalties provided on the day before the effective date 2003, 2004, and 2005 exceed total appropria- Specialists, attorneys of the Office of Regu- of this Act shall continue to be provided. tions from that Account.’’. lations and Rulings, Customs Auditors, (b) NOTIFICATION OF CONGRESS.—The Sec- (b) CONFORMING AMENDMENT.—Section International Trade Specialists, Financial retary shall notify the Committee on Ways 311(b) of the Customs Border Security Act of Systems Specialists. and Means of the House of Representatives 2002 (Public Law 107–210) is amended by (c) NEW PERSONNEL.—The Secretary of the and the Committee on Finance of the Senate striking paragraph (2). Treasury is authorized to appoint up to 20 at least 90 days prior to taking any action Subtitle C—Miscellaneous Provisions new personnel to work with personnel of the which would— Department in performing customs revenue SEC. 421. TRANSFER OF CERTAIN AGRICULTURAL (1) result in any significant reduction in INSPECTION FUNCTIONS OF THE DE- functions. customs revenue services, including hours of PARTMENT OF AGRICULTURE. SEC. 413. PRESERVATION OF CUSTOMS FUNDS. operation, provided at any office within the (a) TRANSFER OF AGRICULTURAL IMPORT Notwithstanding any other provision of Department or any port of entry; AND ENTRY INSPECTION FUNCTIONS.—There this Act, no funds available to the United (2) eliminate or relocate any office of the shall be transferred to the Secretary the States Customs Service or collected under Department which provides customs revenue functions of the Secretary of Agriculture re- paragraphs (1) through (8) of section 13031(a) services; or lating to agricultural import and entry in- of the Consolidated Omnibus Budget Rec- (3) eliminate any port of entry. spection activities under the laws specified onciliation Act of 1985 may be transferred for (c) DEFINITION.—In this section, the term in subsection (b). use by any other agency or office in the De- ‘‘customs revenue services’’ means those cus- (b) COVERED ANIMAL AND PLANT PROTEC- partment. toms revenue functions described in para- TION LAWS.—The laws referred to in sub- SEC. 414. SEPARATE BUDGET REQUEST FOR CUS- graphs (1) through (6) and paragraph (8) of section (a) are the following: TOMS. section 415. (1) The Act commonly known as the Virus- The President shall include in each budget SEC. 418. REPORTS TO CONGRESS. Serum-Toxin Act (the eighth paragraph transmitted to Congress under section 1105 of (a) CONTINUING REPORTS.—The United under the heading ‘‘Bureau of Animal Indus- title 31, United States Code, a separate budg- States Customs Service shall, on and after try’’ in the Act of March 4, 1913; 21 U.S.C. 151 et request for the United States Customs the effective date of this Act, continue to et seq.). Service. submit to the Committee on Ways and (2) Section 1 of the Act of August 31, 1922 SEC. 415. DEFINITION. Means of the House of Representatives and (commonly known as the Honeybee Act; 7 In this subtitle, the term ‘‘customs rev- the Committee on Finance of the Senate any U.S.C. 281). enue function’’ means the following: report required, on the day before such the (3) Title III of the Federal Seed Act (7 (1) Assessing and collecting customs duties effective date of this Act, to be so submitted U.S.C. 1581 et seq.). (including antidumping and countervailing under any provision of law. (4) The Plant Protection Act (7 U.S.C. 7701 duties and duties imposed under safeguard (b) REPORT ON CONFORMING AMENDMENTS.— et seq.). provisions), excise taxes, fees, and penalties Not later than 60 days after the date of en- (5) The Animal Health Protection Act (subdue on imported merchandise, including actment of this Act, the Secretary of the title E of title X of Public Law 107–171; 7 classifying and valuing merchandise for pur- Treasury shall submit a report to the Com- U.S.C. 8301 et seq.). poses of such assessment. mittee on Finance of the Senate and the (6) The Lacey Act Amendments of 1981 (16 (2) Processing and denial of entry of per- Committee on Ways and Means of the House U.S.C. 3371 et seq.). sons, baggage, cargo, and mail, with respect of Representatives of proposed conforming (7) Section 11 of the Endangered Species to the assessment and collection of import amendments to the statutes set forth under Act of 1973 (16 U.S.C. 1540). duties. section 412(a)(2) in order to determine the ap- (c) EXCLUSION OF QUARANTINE ACTIVITIES.— (3) Detecting and apprehending persons en- propriate allocation of legal authorities de- For purposes of this section, the term ‘‘func- gaged in fraudulent practices designed to cir- scribed under this subsection. The Secretary tions’’ does not include any quarantine ac- cumvent the customs laws of the United of the Treasury shall also identify those au- tivities carried out under the laws specified States. thorities vested in the Secretary of the in subsection (b). (4) Enforcing section 337 of the Tariff Act Treasury that are exercised by the Commis- (d) EFFECT OF TRANSFER.— of 1930 and provisions relating to import sioner of Customs on or before the effective (1) COMPLIANCE WITH DEPARTMENT OF AGRI- quotas and the marking of imported mer- date of this section. CULTURE REGULATIONS.—The authority trans- chandise, and providing Customs SEC. 419. CUSTOMS USER FEES. ferred pursuant to subsection (a) shall be ex- Recordations for copyrights, patents, and (a) IN GENERAL.—Section 13031(f) of the ercised by the Secretary in accordance with trademarks. Consolidated Omnibus Budget Reconciliation the regulations, policies, and procedures (5) Collecting accurate import data for Act of 1985 (19 U.S.C. 58c(f)) is amended— issued by the Secretary of Agriculture re- compilation of international trade statistics. (1) in paragraph (1), by striking subpara- garding the administration of the laws speci- (6) Enforcing reciprocal trade agreements. graph (B) and inserting the following: fied in subsection (b).

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(2) RULEMAKING COORDINATION.—The Sec- 501(e)) and inserting ‘‘Secretary concerned’’; ter 449 of title 49, United States Code, on the retary of Agriculture shall coordinate with and day before the date of enactment of this Act. the Secretary whenever the Secretary of Ag- (3) by adding at the end of section 501 the (2) OBLIGATION OF AIP FUNDS.—Nothing in riculture prescribes regulations, policies, or following new subsection: this Act may be construed to authorize the procedures for administering the functions ‘‘(e) SECRETARY CONCERNED DEFINED.—In Secretary or any other official in the Depart- transferred under subsection (a) under a law this title, the term ‘Secretary concerned’ ment to obligate amounts made available specified in subsection (b). means— under section 48103 of title 49, United States (3) EFFECTIVE ADMINISTRATION.—The Sec- ‘‘(1) the Secretary of Agriculture, with re- Code. retary, in consultation with the Secretary of spect to an animal used for purposes of offi- Agriculture, may issue such directives and cial inspections by the Department of Agri- SEC. 424. PRESERVATION OF TRANSPORTATION guidelines as are necessary to ensure the ef- SECURITY ADMINISTRATION AS A culture; and DISTINCT ENTITY. fective use of personnel of the Department of ‘‘(2) the Secretary of Homeland Security, Homeland Security to carry out the func- with respect to an animal used for purposes (a) IN GENERAL.—Notwithstanding any tions transferred pursuant to subsection (a). of official inspections by the Department of other provision of this Act, and subject to (e) TRANSFER AGREEMENT.— Homeland Security.’’. subsection (b), the Transportation Security GREEMENT REQUIRED REVISION (1) A ; .—Before SEC. 422. FUNCTIONS OF ADMINISTRATOR OF Administration shall be maintained as a dis- the end of the transition period, as defined in GENERAL SERVICES. tinct entity within the Department under section 1501, the Secretary of Agriculture (a) OPERATION, MAINTENANCE, AND PROTEC- the Under Secretary for Border Transpor- and the Secretary shall enter into an agree- TION OF FEDERAL BUILDINGS AND GROUNDS.— tation and Security. ment to effectuate the transfer of functions Nothing in this Act may be construed to af- required by subsection (a). The Secretary of (b) SUNSET.—Subsection (a) shall cease to fect the functions or authorities of the Ad- apply 2 years after the date of enactment of Agriculture and the Secretary may jointly ministrator of General Services with respect this Act. revise the agreement as necessary there- to the operation, maintenance, and protec- after. tion of buildings and grounds owned or occu- SEC. 425. EXPLOSIVE DETECTION SYSTEMS. (2) REQUIRED TERMS.—The agreement re- pied by the Federal Government and under Section 44901(d) of title 49, United States quired by this subsection shall specifically the jurisdiction, custody, or control of the Code, is amended by adding at the end the address the following: Administrator. Except for the law enforce- following: (A) The supervision by the Secretary of ment and related security functions trans- ‘‘(2) DEADLINE.— Agriculture of the training of employees of ferred under section 403(3), the Adminis- ‘‘(A) IN GENERAL.—If, in his discretion or at the Secretary to carry out the functions trator shall retain all powers, functions, and the request of an airport, the Under Sec- transferred pursuant to subsection (a). authorities vested in the Administrator retary of Transportation for Security deter- (B) The transfer of funds to the Secretary under chapter 10 of title 40, United States mines that the Transportation Security Ad- under subsection (f). Code, and other provisions of law that are ministration is not able to deploy explosive (3) COOPERATION AND RECIPROCITY.—The necessary for the operation, maintenance, detection systems required to be deployed Secretary of Agriculture and the Secretary and protection of such buildings and under paragraph (1) at all airports where ex- may include as part of the agreement the fol- grounds. plosive detection systems are required by lowing: (b) COLLECTION OF RENTS AND FEES; FED- December 31, 2002, then with respect to each (A) Authority for the Secretary to perform ERAL BUILDINGS FUND.— airport for which the Under Secretary makes functions delegated to the Animal and Plant (1) STATUTORY CONSTRUCTION.—Nothing in that determination— Health Inspection Service of the Department this Act may be construed— ‘‘(i) the Under Secretary shall submit to of Agriculture regarding the protection of (A) to direct the transfer of, or affect, the the Senate Committee on Commerce, domestic livestock and plants, but not trans- authority of the Administrator of General Science, and Transportation and the House ferred to the Secretary pursuant to sub- Services to collect rents and fees, including of Representatives Committee on Transpor- section (a). fees collected for protective services; or tation and Infrastructure a detailed plan (B) Authority for the Secretary of Agri- (B) to authorize the Secretary or any other (which may be submitted in classified form) culture to use employees of the Department official in the Department to obligate for the deployment of the number of explo- of Homeland Security to carry out authori- amounts in the Federal Buildings Fund es- sive detection systems at that airport nec- ties delegated to the Animal and Plant tablished by section 490(f) of title 40, United essary to meet the requirements of para- Health Inspection Service regarding the pro- States Code. graph (1) as soon as practicable at that air- tection of domestic livestock and plants. (2) USE OF TRANSFERRED AMOUNTS.—Any port but in no event later than December 31, (f) PERIODIC TRANSFER OF FUNDS TO DE- amounts transferred by the Administrator of 2003; and PARTMENT OF HOMELAND SECURITY.— General Services to the Secretary out of ‘‘(ii) the Under Secretary shall take all (1) TRANSFER OF FUNDS.—Out of funds col- rents and fees collected by the Adminis- lected by fees authorized under sections 2508 necessary action to ensure that alternative trator shall be used by the Secretary solely and 2509 of the Food, Agriculture, Conserva- means of screening all checked baggage is for the protection of buildings or grounds tion, and Trade Act of 1990 (21 U.S.C. 136, implemented until the requirements of para- owned or occupied by the Federal Govern- 136a), the Secretary of Agriculture shall graph (1) have been met. ment. transfer, from time to time in accordance ‘‘(B) CRITERIA FOR DETERMINATION.—In with the agreement under subsection (e), to SEC. 423. FUNCTIONS OF TRANSPORTATION SE- making a determination under subparagraph CURITY ADMINISTRATION. the Secretary funds for activities carried out (A), the Under Secretary shall take into ac- by the Secretary for which such fees were (a) CONSULTATION WITH FEDERAL AVIATION count— collected. ADMINISTRATION.—The Secretary and other ‘‘(i) the nature and extent of the required officials in the Department shall consult modifications to the airport’s terminal (2) LIMITATION.—The proportion of fees collected pursuant to such sections that are with the Administrator of the Federal Avia- buildings, and the technical, engineering, de- transferred to the Secretary under this sub- tion Administration before taking any ac- sign and construction issues; section may not exceed the proportion of the tion that might affect aviation safety, air ‘‘(ii) the need to ensure that such installa- costs incurred by the Secretary to all costs carrier operations, aircraft airworthiness, or tions and modifications are effective; and incurred to carry out activities funded by the use of airspace. The Secretary shall es- ‘‘(iii) the feasibility and cost-effectiveness such fees. tablish a liaison office within the Depart- of deploying explosive detection systems in (g) TRANSFER OF DEPARTMENT OF AGRI- ment for the purpose of consulting with the the baggage sorting area or other non-public CULTURE EMPLOYEES.—Not later than the Administrator of the Federal Aviation Ad- area rather than the lobby of an airport ter- completion of the transition period defined ministration. minal building. under section 1501, the Secretary of Agri- (b) REPORT TO CONGRESS.—Not later than ‘‘(C) RESPONSE.—The Under Secretary shall culture shall transfer to the Secretary not 60 days after the date of enactment of this respond to the request of an airport under more than 3,200 full-time equivalent posi- Act, the Secretary of Transportation shall subparagraph (A) within 14 days of receiving tions of the Department of Agriculture. transmit to Congress a report containing a the request. A denial of request shall create (h) PROTECTION OF INSPECTION ANIMALS.— plan for complying with the requirements of no right of appeal or judicial review. Title V of the Agricultural Risk Protection section 44901(d) of title 49, United States ‘‘(D) AIRPORT EFFORT REQUIRED.—Each air- Act of 2000 (7 U.S.C. 2279e, 2279f) is amended— Code, as amended by section 425 of this Act. port with respect to which the Under Sec- (1) in section 501(a)— (c) LIMITATIONS ON STATUTORY CONSTRUC- retary makes a determination under sub- (A) by inserting ‘‘or the Department of TION.— paragraph (A) shall— Homeland Security’’ after ‘‘Department of (1) GRANT OF AUTHORITY.—Nothing in this ‘‘(i) cooperate fully with the Transpor- Agriculture’’; and Act may be construed to vest in the Sec- tation Security Administration with respect (B) by inserting ‘‘or the Secretary of retary or any other official in the Depart- to screening checked baggage and changes to Homeland Security’’ after ‘‘Secretary of Ag- ment any authority over transportation se- accommodate explosive detection systems; riculture’’; curity that is not vested in the Under Sec- and (2) by striking ‘‘Secretary’’ each place it retary of Transportation for Security, or in ‘‘(ii) make security projects a priority for appears (other than in sections 501(a) and the Secretary of Transportation under chap- the obligation or expenditure of funds made

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10911 available under chapter 417 or 471 until ex- given that term under section 101(a)(9) of the (M) Section 103(f) of the Chemical Weapon plosive detection systems required to be de- Immigration and Nationality Act (8 U.S.C. Convention Implementation Act of 1998 (112 ployed under paragraph (1) have been de- 1101(a)(9)). Stat. 2681–865). ployed at that airport. (b) IN GENERAL.—Notwithstanding section (N) Section 801 of H.R. 3427, the Admiral ‘‘(3) REPORTS.—Until the Transportation 104(a) of the Immigration and Nationality James W. Nance and Meg Donovan Foreign Security Administration has met the re- Act (8 U.S.C. 1104(a)) or any other provision Relations Authorization Act, Fiscal Years quirements of paragraph (1), the Under Sec- of law, and except as provided in subsection 2000 and 2001, as enacted by reference in Pub- retary shall submit a classified report every (c) of this section, the Secretary— lic Law 106–113. 30 days after the date of enactment of this (1) shall be vested exclusively with all au- (O) Section 568 of the Foreign Operations, Act to the Senate Committee on Commerce, thorities to issue regulations with respect Export Financing, and Related Programs Ap- Science, and Transportation and the House to, administer, and enforce the provisions of propriations Act, 2002 (Public Law 107–115). of Representatives Committee on Transpor- such Act, and of all other immigration and (P) Section 51 of the State Department tation and Infrastructure describing the nationality laws, relating to the functions of Basic Authorities Act of 1956 (22 U.S.C. 2723). progress made toward meeting such require- consular officers of the United States in con- (d) CONSULAR OFFICERS AND CHIEFS OF MIS- ments at each airport.’’. nection with the granting or refusal of visas, SIONS.— SEC. 426. TRANSPORTATION SECURITY. and shall have the authority to refuse visas (1) IN GENERAL.—Nothing in this section (a) TRANSPORTATION SECURITY OVERSIGHT in accordance with law and to develop pro- may be construed to alter or affect— BOARD.— grams of homeland security training for con- (A) the employment status of consular offi- (1) ESTABLISHMENT.—Section 115(a) of title sular officers (in addition to consular train- cers as employees of the Department of 49, United States Code, is amended by striking provided by the Secretary of State), State; or ing ‘‘Department of Transportation’’ and in- which authorities shall be exercised through (B) the authority of a chief of mission serting ‘‘Department of Homeland Security’’. the Secretary of State, except that the Sec- under section 207 of the Foreign Service Act (2) MEMBERSHIP.—Section 115(b)(1) of title retary shall not have authority to alter or of 1980 (22 U.S.C. 3927). 49, United States Code, is amended— reverse the decision of a consular officer to (2) CONSTRUCTION REGARDING DELEGATION (A) by striking subparagraph (G); refuse a visa to an alien; and OF AUTHORITY.—Nothing in this section shall (B) by redesignating subparagraphs (A) (2) shall have authority to confer or impose be construed to affect any delegation of au- through (F) as subparagraphs (B) through upon any officer or employee of the United thority to the Secretary of State by the (G), respectively; and States, with the consent of the head of the President pursuant to any proclamation (C) by inserting before subparagraph (B) executive agency under whose jurisdiction issued under section 212(f) of the Immigra- (as so redesignated) the following: such officer or employee is serving, any of tion and Nationality Act (8 U.S.C. 1182(f)), ‘‘(A) The Secretary of Homeland Security, the functions specified in paragraph (1). consistent with the Secretary of Homeland or the Secretary’s designee.’’. (c) AUTHORITY OF THE SECRETARY OF Security’s authority to refuse visas in ac- (3) CHAIRPERSON.—Section 115(b)(2) of title STATE.— cordance with law. 49, United States Code, is amended by strik- (1) IN GENERAL.—Notwithstanding sub- (e) ASSIGNMENT OF HOMELAND SECURITY ing ‘‘Secretary of Transportation’’ and in- section (b), the Secretary of State may di- EMPLOYEES TO DIPLOMATIC AND CONSULAR serting ‘‘Secretary of Homeland Security’’. rect a consular officer to refuse a visa to an POSTS.— (b) APPROVAL OF AIP GRANT APPLICATIONS alien if the Secretary of State deems such re- (1) IN GENERAL.—The Secretary is author- FOR SECURITY ACTIVITIES.—Section 47106 of fusal necessary or advisable in the foreign ized to assign employees of the Department title 49, United States Code, is amended by policy or security interests of the United to each diplomatic and consular post at adding at the end the following: States. which visas are issued, unless the Secretary ‘‘(g) CONSULTATION WITH SECRETARY OF (2) CONSTRUCTION REGARDING AUTHORITY.— determines that such an assignment at a HOMELAND SECURITY.—The Secretary shall Nothing in this section, consistent with the particular post would not promote homeland consult with the Secretary of Homeland Se- Secretary of Homeland Security’s authority security. curity before approving an application under to refuse visas in accordance with law, shall (2) FUNCTIONS.—Employees assigned under this subchapter for an airport development be construed as affecting the authorities of paragraph (1) shall perform the following project grant for activities described in sec- the Secretary of State under the following functions: tion 47102(3)(B)(ii) only as they relate to se- provisions of law: (A) Provide expert advice and training to curity equipment or section 47102(3)(B)(x) (A) Section 101(a)(15)(A) of the Immigra- consular officers regarding specific security only as they relate to installation of bulk ex- tion and Nationality Act (8 U.S.C. threats relating to the adjudication of indi- plosive detection system.’’. 1101(a)(15)(A)). vidual visa applications or classes of applica- SEC. 427. COORDINATION OF INFORMATION AND (B) Section 204(d)(2) of the Immigration tions. INFORMATION TECHNOLOGY. and Nationality Act (8 U.S.C. 1154) (as it will (B) Review any such applications, either on (a) DEFINITION OF AFFECTED AGENCY.—In take effect upon the entry into force of the the initiative of the employee of the Depart- this section, the term ‘‘affected agency’’ Convention on Protection of Children and ment or upon request by a consular officer or means— Cooperation in Respect to Inter-Country other person charged with adjudicating such (1) the Department; adoption). applications. (2) the Department of Agriculture; (C) Section 212(a)(3)(B)(i)(IV)(bb) of the Im- (C) Conduct investigations with respect to (3) the Department of Health and Human migration and Nationality Act (8 U.S.C. consular matters under the jurisdiction of Services; and 1182(a)(3)(B)(i)(IV)(bb)). the Secretary. (4) any other department or agency deter- (D) Section 212(a)(3)(B)(i)(VI) of the Immi- (3) EVALUATION OF CONSULAR OFFICERS.— mined to be appropriate by the Secretary. gration and Nationality Act (8 U.S.C. The Secretary of State shall evaluate, in (b) COORDINATION.—The Secretary, in co- 1182(a)(3)(B)(i)(VI)). consultation with the Secretary, as deemed ordination with the Secretary of Agri- (E) Section 212(a)(3)(B)(vi)(II) of the Immi- appropriate by the Secretary, the perform- culture, the Secretary of Health and Human gration and Nationality Act (8 U.S.C. ance of consular officers with respect to the Services, and the head of each other depart- 1182(a)(3)(B)(vi)(II)). processing and adjudication of applications ment or agency determined to be appropriate by the Secretary, shall ensure that appro- (F) Section 212(a)(3(C) of the Immigration for visas in accordance with performance priate information (as determined by the and Nationality Act (8 U.S.C. 1182(a)(3)(C)). standards developed by the Secretary for Secretary) concerning inspections of articles (G) Section 212(a)(10)(C) of the Immigra- these procedures. that are imported or entered into the United tion and Nationality Act (8 U.S.C. (4) REPORT.—The Secretary shall, on an an- States, and are inspected or regulated by 1 or 1182(a)(10)(C)). nual basis, submit a report to Congress that more affected agencies, is timely and effi- (H) Section 212(f) of the Immigration and describes the basis for each determination ciently exchanged between the affected agen- Nationality Act (8 U.S.C. 1182(f)). under paragraph (1) that the assignment of cies. (I) Section 219(a) of the Immigration and an employee of the Department at a par- (c) REPORT AND PLAN.—Not later than 18 Nationality Act (8 U.S.C. 1189(a)). ticular diplomatic post would not promote months after the date of enactment of this (J) Section 237(a)(4)(C) of the Immigration homeland security. Act, the Secretary, in consultation with the and Nationality Act (8 U.S.C. 1227(a)(4)(C)). (5) PERMANENT ASSIGNMENT; PARTICIPATION Secretary of Agriculture, the Secretary of (K) Section 401 of the Cuban Liberty and IN TERRORIST LOOKOUT COMMITTEE.—When ap- Health and Human Services, and the head of Democratic Solidarity (LIBERTAD) Act of propriate, employees of the Department as- each other department or agency determined 1996 (22 U.S.C. 6034; Public Law 104–114). signed to perform functions described in to be appropriate by the Secretary, shall (L) Section 613 of the Departments of Com- paragraph (2) may be assigned permanently submit to Congress— merce, Justice, and State, the Judiciary and to overseas diplomatic or consular posts (1) a report on the progress made in imple- Related Agencies Appropriations Act, 1999 with country-specific or regional responsi- menting this section; and (as contained in section 101(b) of division A bility. If the Secretary so directs, any such (2) a plan to complete implementation of of Public Law 105–277) (Omnibus Consoli- employee, when present at an overseas post, this section. dated and Emergency Supplemental Appro- shall participate in the terrorist lookout SEC. 428. VISA ISSUANCE. priations Act, 1999); 112 Stat. 2681; H.R. 4328 committee established under section 304 of (a) DEFINITION.—In this subsection, the (originally H.R. 4276) as amended by section the Enhanced Border Security and Visa term ‘‘consular office’’ has the meaning 617 of Public Law 106–553. Entry Reform Act of 2002 (8 U.S.C. 1733).

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(6) TRAINING AND HIRING.— applicant, the consular officer shall enter (d) FISCAL YEARS 2003 AND 2004.—During (A) IN GENERAL.—The Secretary shall en- the fact and the basis of the denial and the fiscal year 2003 and fiscal year 2004, the Di- sure, to the extent possible, that any em- name of the applicant into the interoperable rector of the Office for Domestic Prepared- ployees of the Department assigned to per- electronic data system implemented under ness established under this section shall form functions under paragraph (2) and, as section 202(a) of the Enhanced Border Secu- manage and carry out those functions of the appropriate, consular officers, shall be pro- rity and Visa Entry Reform Act of 2002 (8 Office for Domestic Preparedness of the De- vided the necessary training to enable them U.S.C. 1722(a)). partment of Justice (transferred under this to carry out such functions, including train- (b) PROHIBITION.—In the case of any alien section) before September 11, 2001, under the ing in foreign languages, interview tech- with respect to whom a visa has been denied same terms, conditions, policies, and au- niques, and fraud detection techniques, in under subsection (a)— thorities, and with the required level of per- conditions in the particular country where (1) no subsequent visa may be issued to the sonnel, assets, and budget before September each employee is assigned, and in other ap- alien unless the consular officer considering 11, 2001. propriate areas of study. the alien’s visa application has reviewed the Subtitle D—Immigration Enforcement (B) USE OF CENTER.—The Secretary is au- information concerning the alien placed in Functions thorized to use the National Foreign Affairs the interoperable electronic data system, has SEC. 441. TRANSFER OF FUNCTIONS TO UNDER Training Center, on a reimbursable basis, to indicated on the alien’s application that the SECRETARY FOR BORDER AND obtain the training described in subpara- information has been reviewed, and has stat- TRANSPORTATION SECURITY. graph (A). ed for the record why the visa is being issued In accordance with title XV (relating to (7) REPORT.—Not later than 1 year after or a waiver of visa ineligibility rec- transition provisions), there shall be trans- the date of enactment of this Act, the Sec- ommended in spite of that information; and ferred from the Commissioner of Immigra- retary and the Secretary of State shall sub- (2) the alien may not be admitted to the tion and Naturalization to the Under Sec- mit to Congress— United States without a visa issued in ac- retary for Border and Transportation Secu- (A) a report on the implementation of this cordance with the procedures described in rity all functions performed under the fol- subsection; and paragraph (1). lowing programs, and all personnel, assets, (B) any legislative proposals necessary to SEC. 430. OFFICE FOR DOMESTIC PREPARED- and liabilities pertaining to such programs, further the objectives of this subsection. NESS. immediately before such transfer occurs: (8) EFFECTIVE DATE.—This subsection shall (a) IN GENERAL.—The Office for Domestic (1) The Border Patrol program. take effect on the earlier of— Preparedness shall be within the Directorate (2) The detention and removal program. (A) the date on which the President pub- of Border and Transportation Security. (3) The intelligence program. lishes notice in the Federal Register that the (b) DIRECTOR.—There shall be a Director of (4) The investigations program. President has submitted a report to Congress the Office for Domestic Preparedness, who (5) The inspections program. setting forth a memorandum of under- shall be appointed by the President, by and SEC. 442. ESTABLISHMENT OF BUREAU OF BOR- standing between the Secretary and the Sec- with the advice and consent of the Senate. DER SECURITY. retary of State governing the implementa- The Director of the Office for Domestic Pre- (a) ESTABLISHMENT OF BUREAU.— tion of this section; or paredness shall report directly to the Under (1) IN GENERAL.—There shall be in the De- (B) the date occurring 1 year after the date Secretary for Border and Transportation Se- partment of Homeland Security a bureau to of enactment of this Act. curity. be known as the ‘‘Bureau of Border Secu- (f) NO CREATION OF PRIVATE RIGHT OF AC- (c) RESPONSIBILITIES.—The Office for Do- rity’’. TION.—Nothing in this section shall be con- mestic Preparedness shall have the primary (2) ASSISTANT SECRETARY.—The head of the strued to create or authorize a private right responsibility within the executive branch of Bureau of Border Security shall be the As- of action to challenge a decision of a con- Government for the preparedness of the sistant Secretary of the Bureau of Border Se- sular officer or other United States official United States for acts of terrorism, includ- curity, who— or employee to grant or deny a visa. ing— (A) shall report directly to the Under Sec- (g) STUDY REGARDING USE OF FOREIGN NA- (1) coordinating preparedness efforts at the retary for Border and Transportation Secu- TIONALS.— Federal level, and working with all State, rity; and (1) IN GENERAL.—The Secretary of Home- local, tribal, parish, and private sector emer- (B) shall have a minimum of 5 years profes- land Security shall conduct a study of the gency response providers on all matters per- sional experience in law enforcement, and a role of foreign nationals in the granting or taining to combating terrorism, including minimum of 5 years of management experi- refusal of visas and other documents author- training, exercises, and equipment support; ence. izing entry of aliens into the United States. (2) coordinating or, as appropriate, consoli- (3) FUNCTIONS.—The Assistant Secretary of The study shall address the following: dating communications and systems of com- the Bureau of Border Security— (A) The proper role, if any, of foreign na- munications relating to homeland security (A) shall establish the policies for per- tionals in the process of rendering decisions at all levels of government; forming such functions as are— on such grants and refusals. (3) directing and supervising terrorism pre- (i) transferred to the Under Secretary for (B) Any security concerns involving the paredness grant programs of the Federal Border and Transportation Security by sec- employment of foreign nationals. Government (other than those programs ad- tion 441 and delegated to the Assistant Sec- (C) Whether there are cost-effective alter- ministered by the Department of Health and retary by the Under Secretary for Border natives to the use of foreign nationals. Human Services) for all emergency response and Transportation Security; or (2) REPORT.—Not later than 1 year after providers; (ii) otherwise vested in the Assistant Sec- the date of the enactment of this Act, the (4) incorporating the Strategy priorities retary by law; Secretary shall submit a report containing into planning guidance on an agency level (B) shall oversee the administration of the findings of the study conducted under for the preparedness efforts of the Office for such policies; and paragraph (1) to the Committee on the Judi- Domestic Preparedness; (C) shall advise the Under Secretary for ciary, the Committee on International Rela- (5) providing agency-specific training for Border and Transportation Security with re- tions, and the Committee on Government agents and analysts within the Department, spect to any policy or operation of the Bu- Reform of the House of Representatives, and other agencies, and State and local agencies reau of Border Security that may affect the the Committee on the Judiciary, the Com- and international entities; Bureau of Citizenship and Immigration Serv- mittee on Foreign Relations, and the Com- (6) as the lead executive branch agency for ices established under subtitle E, including mittee on Government Affairs of the Senate. preparedness of the United States for acts of potentially conflicting policies or oper- (h) REPORT.—Not later than 120 days after terrorism, cooperating closely with the Fed- ations. the date of the enactment of this Act, the eral Emergency Management Agency, which (4) PROGRAM TO COLLECT INFORMATION RE- Director of the Office of Science and Tech- shall have the primary responsibility within LATING TO FOREIGN STUDENTS.—The Assistant nology Policy shall submit to Congress a re- the executive branch to prepare for and miti- Secretary of the Bureau of Border Security port on how the provisions of this section gate the effects of nonterrorist-related disas- shall be responsible for administering the will affect procedures for the issuance of stu- ters in the United States; program to collect information relating to dent visas. (7) assisting and supporting the Secretary, nonimmigrant foreign students and other ex- (i) VISA ISSUANCE PROGRAM FOR SAUDI ARA- in coordination with other Directorates and change program participants described in BIA.—Notwithstanding any other provision of law, after the date of the enactment of this entities outside the Department, in con- section 641 of the Illegal Immigration Re- Act all third party screening programs in ducting appropriate risk analysis and risk form and Immigrant Responsibility Act of Saudi Arabia shall be terminated. On-site management activities of State, local, and 1996 (8 U.S.C. 1372), including the Student personnel of the Department of Homeland tribal governments consistent with the mis- and Exchange Visitor Information System Security shall review all visa applications sion and functions of the Directorate; and established under that section, and shall use prior to adjudication. (8) those elements of the Office of National such information to carry out the enforce- SEC. 429. INFORMATION ON VISA DENIALS RE- Preparedness of the Federal Emergency ment functions of the Bureau. QUIRED TO BE ENTERED INTO ELEC- Management Agency which relate to ter- (5) MANAGERIAL ROTATION PROGRAM.— TRONIC DATA SYSTEM. rorism, which shall be consolidated within (A) IN GENERAL.—Not later than 1 year (a) IN GENERAL.—Whenever a consular offi- the Department in the Office for Domestic after the date on which the transfer of func- cer of the United States denies a visa to an Preparedness established under this section. tions specified under section 441 takes effect,

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10913 the Assistant Secretary of the Bureau of rity shall consult with the Attorney General, ized to implement innovative pilot initia- Border Security shall design and implement the Secretary of State, the Director of the tives to eliminate any remaining backlog in a managerial rotation program under which Federal Bureau of Investigation, the Sec- the processing of immigration benefit appli- employees of such bureau holding positions retary of the Treasury, the Secretary of cations, and to prevent any backlog in the involving supervisory or managerial respon- Labor, the Commissioner of Social Security, processing of such applications from recur- sibility and classified, in accordance with the Director of the Executive Office for Im- ring, in accordance with section 204(a) of the chapter 51 of title 5, United States Code, as migration Review, and the heads of State Immigration Services and Infrastructure Im- a GS–14 or above, shall— and local law enforcement agencies to deter- provements Act of 2000 (8 U.S.C. 1573(a)). (i) gain some experience in all the major mine how to most effectively conduct en- Such initiatives may include measures such functions performed by such bureau; and forcement operations. as increasing personnel, transferring per- (ii) work in at least one local office of such SEC. 446. SENSE OF CONGRESS REGARDING CON- sonnel to focus on areas with the largest po- bureau. STRUCTION OF FENCING NEAR SAN tential for backlog, and streamlining paper- (B) REPORT.—Not later than 2 years after DIEGO, CALIFORNIA. work. the date on which the transfer of functions It is the sense of the Congress that com- (b) TRANSFER OF FUNCTIONS FROM COMMIS- specified under section 441 takes effect, the pleting the 14-mile border fence project re- SIONER.—In accordance with title XV (relat- Secretary shall submit a report to the Con- quired to be carried out under section 102(b) ing to transition provisions), there are trans- gress on the implementation of such proof the Illegal Immigration Reform and Immi- ferred from the Commissioner of Immigra- gram. grant Responsibility Act of 1996 (8 U.S.C. 1103 tion and Naturalization to the Director of (b) CHIEF OF POLICY AND STRATEGY.— note) should be a priority for the Secretary. the Bureau of Citizenship and Immigration Services the following functions, and all per- (1) IN GENERAL.—There shall be a position Subtitle E—Citizenship and Immigration sonnel, infrastructure, and funding provided of Chief of Policy and Strategy for the Bu- Services reau of Border Security. to the Commissioner in support of such func- SEC. 451. ESTABLISHMENT OF BUREAU OF CITI- (2) FUNCTIONS.—In consultation with Bu- tions immediately before the effective date ZENSHIP AND IMMIGRATION SERV- specified in section 455: reau of Border Security personnel in local of- ICES. fices, the Chief of Policy and Strategy shall (1) Adjudications of immigrant visa peti- (a) ESTABLISHMENT OF BUREAU.— tions. be responsible for— (1) IN GENERAL.—There shall be in the De- (A) making policy recommendations and (2) Adjudications of naturalization peti- partment a bureau to be known as the ‘‘Bu- tions. performing policy research and analysis on reau of Citizenship and Immigration Serv- immigration enforcement issues; and (3) Adjudications of asylum and refugee ap- ices’’. plications. (B) coordinating immigration policy issues (2) DIRECTOR.—The head of the Bureau of with the Chief of Policy and Strategy for the (4) Adjudications performed at service cen- Citizenship and Immigration Services shall ters. Bureau of Citizenship and Immigration Serv- be the Director of the Bureau of Citizenship ices (established under subtitle E), as appro- (5) All other adjudications performed by and Immigration Services, who— the Immigration and Naturalization Service priate. (A) shall report directly to the Deputy Sec- (c) LEGAL ADVISOR.—There shall be a prin- immediately before the effective date speci- retary; fied in section 455. cipal legal advisor to the Assistant Sec- (B) shall have a minimum of 5 years of retary of the Bureau of Border Security. The (c) CHIEF OF POLICY AND STRATEGY.— management experience; and (1) IN GENERAL.—There shall be a position legal advisor shall provide specialized legal (C) shall be paid at the same level as the advice to the Assistant Secretary of the Bu- of Chief of Policy and Strategy for the Bu- Assistant Secretary of the Bureau of Border reau of Citizenship and Immigration Serv- reau of Border Security and shall represent Security. the bureau in all exclusion, deportation, and ices. (3) FUNCTIONS.—The Director of the Bureau (2) FUNCTIONS.—In consultation with Bu- removal proceedings before the Executive Of- of Citizenship and Immigration Services— fice for Immigration Review. reau of Citizenship and Immigration Serv- (A) shall establish the policies for per- ices personnel in field offices, the Chief of SEC. 443. PROFESSIONAL RESPONSIBILITY AND forming such functions as are transferred to QUALITY REVIEW. Policy and Strategy shall be responsible the Director by this section or this Act or for— The Under Secretary for Border and Trans- otherwise vested in the Director by law; (A) making policy recommendations and portation Security shall be responsible for— (B) shall oversee the administration of performing policy research and analysis on (1) conducting investigations of non- such policies; immigration services issues; and criminal allegations of misconduct, corrup- (C) shall advise the Deputy Secretary with (B) coordinating immigration policy issues tion, and fraud involving any employee of respect to any policy or operation of the Bu- with the Chief of Policy and Strategy for the the Bureau of Border Security that are not reau of Citizenship and Immigration Serv- Bureau of Border Security of the Depart- subject to investigation by the Inspector ices that may affect the Bureau of Border ment. General for the Department; Security of the Department, including poten- (d) LEGAL ADVISOR.— (2) inspecting the operations of the Bureau tially conflicting policies or operations; (1) IN GENERAL.—There shall be a principal of Border Security and providing assess- (D) shall establish national immigration legal advisor to the Director of the Bureau of ments of the quality of the operations of services policies and priorities; Citizenship and Immigration Services. such bureau as a whole and each of its com- (E) shall meet regularly with the Ombuds- (2) FUNCTIONS.—The legal advisor shall be ponents; and man described in section 452 to correct seri- responsible for— (3) providing an analysis of the manage- ous service problems identified by the Om- (A) providing specialized legal advice, opin- ment of the Bureau of Border Security. budsman; and ions, determinations, regulations, and any SEC. 444. EMPLOYEE DISCIPLINE. (F) shall establish procedures requiring a other assistance to the Director of the Bu- The Under Secretary for Border and Trans- formal response to any recommendations reau of Citizenship and Immigration Serv- portation Security may, notwithstanding submitted in the Ombudsman’s annual re- ices with respect to legal matters affecting any other provision of law, impose discipli- port to Congress within 3 months after its the Bureau of Citizenship and Immigration nary action, including termination of em- submission to Congress. Services; and ployment, pursuant to policies and proce- (4) MANAGERIAL ROTATION PROGRAM.— (B) representing the Bureau of Citizenship dures applicable to employees of the Federal (A) IN GENERAL.—Not later than 1 year and Immigration Services in visa petition Bureau of Investigation, on any employee of after the effective date specified in section appeal proceedings before the Executive Of- the Bureau of Border Security who willfully 455, the Director of the Bureau of Citizenship fice for Immigration Review. deceives the Congress or agency leadership and Immigration Services shall design and (e) BUDGET OFFICER.— on any matter. implement a managerial rotation program (1) IN GENERAL.—There shall be a Budget SEC. 445. REPORT ON IMPROVING ENFORCEMENT under which employees of such bureau hold- Officer for the Bureau of Citizenship and Im- FUNCTIONS. ing positions involving supervisory or mana- migration Services. (a) IN GENERAL.—The Secretary, not later gerial responsibility and classified, in ac- (2) FUNCTIONS.— than 1 year after being sworn into office, cordance with chapter 51 of title 5, United (A) IN GENERAL.—The Budget Officer shall shall submit to the Committees on Appro- States Code, as a GS–14 or above, shall— be responsible for— priations and the Judiciary of the House of (i) gain some experience in all the major (i) formulating and executing the budget of Representatives and of the Senate a report functions performed by such bureau; and the Bureau of Citizenship and Immigration with a plan detailing how the Bureau of Bor- (ii) work in at least one field office and one Services; der Security, after the transfer of functions service center of such bureau. (ii) financial management of the Bureau of specified under section 441 takes effect, will (B) REPORT.—Not later than 2 years after Citizenship and Immigration Services; and enforce comprehensively, effectively, and the effective date specified in section 455, the (iii) collecting all payments, fines, and fairly all the enforcement provisions of the Secretary shall submit a report to Congress other debts for the Bureau of Citizenship and Immigration and Nationality Act (8 U.S.C. on the implementation of such program. Immigration Services. 1101 et seq.) relating to such functions. (5) PILOT INITIATIVES FOR BACKLOG ELIMI- (f) CHIEF OF OFFICE OF CITIZENSHIP.— (b) CONSULTATION.—In carrying out sub- NATION.—The Director of the Bureau of Citi- (1) IN GENERAL.—There shall be a position section (a), the Secretary of Homeland Secu- zenship and Immigration Services is author- of Chief of the Office of Citizenship for the

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10914 CONGRESSIONAL RECORD — SENATE November 13, 2002 Bureau of Citizenship and Immigration Serv- ment or the Office of Management and Budg- tion by the Inspector General for the Depart- ices. et. ment; (2) FUNCTIONS.—The Chief of the Office of (d) OTHER RESPONSIBILITIES.—The Ombuds- (2) inspecting the operations of the Bureau Citizenship for the Bureau of Citizenship and man— of Citizenship and Immigration Services and Immigration Services shall be responsible (1) shall monitor the coverage and geo- providing assessments of the quality of the for promoting instruction and training on graphic allocation of local offices of the Om- operations of such bureau as a whole and citizenship responsibilities for aliens inter- budsman; each of its components; and ested in becoming naturalized citizens of the (2) shall develop guidance to be distributed (3) providing an analysis of the manage- United States, including the development of to all officers and employees of the Bureau of ment of the Bureau of Citizenship and Immi- educational materials. Citizenship and Immigration Services out- gration Services. SEC. 452. CITIZENSHIP AND IMMIGRATION SERV- lining the criteria for referral of inquiries to (b) SPECIAL CONSIDERATIONS.—In providing ICES OMBUDSMAN. local offices of the Ombudsman; assessments in accordance with subsection (a) IN GENERAL.—Within the Department, (3) shall ensure that the local telephone (a)(2) with respect to a decision of the Bu- there shall be a position of Citizenship and number for each local office of the Ombuds- reau of Citizenship and Immigration Serv- Immigration Services Ombudsman (in this man is published and available to individuals ices, or any of its components, consideration section referred to as the ‘‘Ombudsman’’). and employers served by the office; and shall be given to— The Ombudsman shall report directly to the (4) shall meet regularly with the Director (1) the accuracy of the findings of fact and Deputy Secretary. The Ombudsman shall of the Bureau of Citizenship and Immigra- conclusions of law used in rendering the de- have a background in customer service as tion Services to identify serious service cision; well as immigration law. problems and to present recommendations (2) any fraud or misrepresentation associ- (b) FUNCTIONS.—It shall be the function of for such administrative action as may be ap- ated with the decision; and the Ombudsman— propriate to resolve problems encountered by (3) the efficiency with which the decision (1) to assist individuals and employers in individuals and employers. was rendered. resolving problems with the Bureau of Citi- (e) PERSONNEL ACTIONS.— SEC. 454. EMPLOYEE DISCIPLINE. zenship and Immigration Services; (1) IN GENERAL.—The Ombudsman shall The Director of the Bureau of Citizenship (2) to identify areas in which individuals have the responsibility and authority— and Immigration Services may, notwith- and employers have problems in dealing with (A) to appoint local ombudsmen and make standing any other provision of law, impose the Bureau of Citizenship and Immigration available at least 1 such ombudsman for each disciplinary action, including termination of Services; and State; and employment, pursuant to policies and proce- (3) to the extent possible, to propose (B) to evaluate and take personnel actions dures applicable to employees of the Federal changes in the administrative practices of (including dismissal) with respect to any em- Bureau of Investigation, on any employee of the Bureau of Citizenship and Immigration ployee of any local office of the Ombudsman. the Bureau of Citizenship and Immigration Services to mitigate problems identified (2) CONSULTATION.—The Ombudsman may Services who willfully deceives Congress or under paragraph (2). consult with the appropriate supervisory agency leadership on any matter. (c) ANNUAL REPORTS.— personnel of the Bureau of Citizenship and SEC. 455. EFFECTIVE DATE. (1) OBJECTIVES.—Not later than June 30 of Immigration Services in carrying out the Notwithstanding section 4, sections 451 each calendar year, the Ombudsman shall re- Ombudsman’s responsibilities under this sub- through 456, and the amendments made by port to the Committee on the Judiciary of section. such sections, shall take effect on the date the House of Representatives and the Senate (f) RESPONSIBILITIES OF BUREAU OF CITIZEN- on which the transfer of functions specified on the objectives of the Office of the Om- SHIP AND IMMIGRATION SERVICES.—The Direc- under section 441 takes effect. budsman for the fiscal year beginning in tor of the Bureau of Citizenship and Immi- SEC. 456. TRANSITION. such calendar year. Any such report shall gration Services shall establish procedures (a) REFERENCES.—With respect to any func- contain full and substantive analysis, in ad- requiring a formal response to all rection transferred by this subtitle to, and exer- dition to statistical information, and— ommendations submitted to such director by cised on or after the effective date specified (A) shall identify the recommendations the the Ombudsman within 3 months after sub- in section 455 by, the Director of the Bureau Office of the Ombudsman has made on im- mission to such director. of Citizenship and Immigration Services, any proving services and responsiveness of the (g) OPERATION OF LOCAL OFFICES.— reference in any other Federal law, Execu- Bureau of Citizenship and Immigration Serv- (1) IN GENERAL.—Each local ombudsman— tive order, rule, regulation, or delegation of ices; (A) shall report to the Ombudsman or the authority, or any document of or pertaining (B) shall contain a summary of the most delegate thereof; to a component of government from which pervasive and serious problems encountered (B) may consult with the appropriate su- such function is transferred— by individuals and employers, including a de- pervisory personnel of the Bureau of Citizen- (1) to the head of such component is scription of the nature of such problems; ship and Immigration Services regarding the deemed to refer to the Director of the Bu- (C) shall contain an inventory of the items daily operation of the local office of such reau of Citizenship and Immigration Serv- described in subparagraphs (A) and (B) for ombudsman; ices; or which action has been taken and the result (C) shall, at the initial meeting with any (2) to such component is deemed to refer to of such action; individual or employer seeking the assist- the Bureau of Citizenship and Immigration (D) shall contain an inventory of the items ance of such local office, notify such indi- Services. described in subparagraphs (A) and (B) for vidual or employer that the local offices of (b) OTHER TRANSITION ISSUES.— which action remains to be completed and the Ombudsman operate independently of (1) EXERCISE OF AUTHORITIES.—Except as the period during which each item has re- any other component of the Department and otherwise provided by law, a Federal official mained on such inventory; report directly to Congress through the Om- to whom a function is transferred by this (E) shall contain an inventory of the items budsman; and subtitle may, for purposes of performing the described in subparagraphs (A) and (B) for (D) at the local ombudsman’s discretion, function, exercise all authorities under any which no action has been taken, the period may determine not to disclose to the Bureau other provision of law that were available during which each item has remained on of Citizenship and Immigration Services con- with respect to the performance of that func- such inventory, the reasons for the inaction, tact with, or information provided by, such tion to the official responsible for the per- and shall identify any official of the Bureau individual or employer. formance of the function immediately before of Citizenship and Immigration Services who (2) MAINTENANCE OF INDEPENDENT COMMU- the effective date specified in section 455. is responsible for such inaction; NICATIONS.—Each local office of the Ombuds- (2) TRANSFER AND ALLOCATION OF APPRO- (F) shall contain recommendations for man shall maintain a phone, facsimile, and PRIATIONS AND PERSONNEL.—The personnel of such administrative action as may be appro- other means of electronic communication the Department of Justice employed in con- priate to resolve problems encountered by access, and a post office address, that is sep- nection with the functions transferred by individuals and employers, including prob- arate from those maintained by the Bureau this subtitle (and functions that the Sec- lems created by excessive backlogs in the ad- of Citizenship and Immigration Services, or retary determines are properly related to the judication and processing of immigration any component of the Bureau of Citizenship functions of the Bureau of Citizenship and benefit petitions and applications; and and Immigration Services. Immigration Services), and the assets, liabil- (G) shall include such other information as SEC. 453. PROFESSIONAL RESPONSIBILITY AND ities, contracts, property, records, and unex- the Ombudsman may deem advisable. QUALITY REVIEW. pended balance of appropriations, authoriza- (2) REPORT TO BE SUBMITTED DIRECTLY.— (a) IN GENERAL.—The Director of the Bu- tions, allocations, and other funds employed, Each report required under this subsection reau of Citizenship and Immigration Serv- held, used, arising from, available to, or to shall be provided directly to the committees ices shall be responsible for— be made available to, the Immigration and described in paragraph (1) without any prior (1) conducting investigations of non- Naturalization Service in connection with comment or amendment from the Secretary, criminal allegations of misconduct, corrup- the functions transferred by this subtitle, Deputy Secretary, Director of the Bureau of tion, and fraud involving any employee of subject to section 202 of the Budget and Ac- Citizenship and Immigration Services, or the Bureau of Citizenship and Immigration counting Procedures Act of 1950, shall be any other officer or employee of the Depart- Services that are not subject to investiga- transferred to the Director of the Bureau of

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10915 Citizenship and Immigration Services for al- with the Technology Advisory Committee es- ing to the care and custody of an unaccom- location to the appropriate component of the tablished under subsection (c), shall estab- panied alien child; Department. Unexpended funds transferred lish an Internet-based system, that will per- (C) making placement determinations for pursuant to this paragraph shall be used only mit a person, employer, immigrant, or non- all unaccompanied alien children who are in for the purposes for which the funds were immigrant who has filings with the Sec- Federal custody by reason of their immigra- originally authorized and appropriated. The retary for any benefit under the Immigration tion status; Secretary shall have the right to adjust or and Nationality Act (8 U.S.C. 1101 et seq.), (D) implementing the placement deter- realign transfers of funds and personnel ef- access to online information about the proc- minations; fected pursuant to this subtitle for a period essing status of the filing involved. (E) implementing policies with respect to of 2 years after the effective date specified in (b) FEASIBILITY STUDY FOR ONLINE FILING the care and placement of unaccompanied section 455. AND IMPROVED PROCESSING.— alien children; (1) ONLINE FILING.—The Secretary, in con- SEC. 457. FUNDING FOR CITIZENSHIP AND IMMI- (F) identifying a sufficient number of GRATION SERVICES. sultation with the Technology Advisory qualified individuals, entities, and facilities Section 286(m) of the Immigration and Na- Committee established under subsection (c), to house unaccompanied alien children; tionality Act (8 U.S.C. 1356(m)) is amended shall conduct a feasibility study on the on- (G) overseeing the infrastructure and per- by striking ‘‘services, including the costs of line filing of the filings described in sub- sonnel of facilities in which unaccompanied similar services provided without charge to section (a). The study shall include a review alien children reside; asylum applicants or other immigrants.’’ of computerization and technology of the (H) reuniting unaccompanied alien chil- and inserting ‘‘services.’’. Immigration and Naturalization Service re- dren with a parent abroad in appropriate lating to the immigration services and proc- SEC. 458. BACKLOG ELIMINATION. cases; essing of filings related to immigrant serv- Section 204(a)(1) of the Immigration Serv- (I) compiling, updating, and publishing at ices. The study shall also include an esti- ices and Infrastructure Improvements Act of least annually a state-by-state list of profes- mate of the timeframe and cost and shall 2000 (8 U.S.C. 1573(a)(1)) is amended by strik- sionals or other entities qualified to provide consider other factors in implementing such ing ‘‘not later than one year after the date of guardian and attorney representation serv- a filing system, including the feasibility of enactment of this Act;’’ and inserting ‘‘1 ices for unaccompanied alien children; fee payment online. year after the date of the enactment of the (J) maintaining statistical information (2) REPORT.—A report on the study under Homeland Security Act of 2002;’’. and other data on unaccompanied alien chil- this subsection shall be submitted to the dren for whose care and placement the Direc- SEC. 459. REPORT ON IMPROVING IMMIGRATION Committees on the Judiciary of the House of SERVICES. tor is responsible, which shall include— Representatives and the Senate not later (a) IN GENERAL.—The Secretary, not later (i) biographical information, such as a than 1 year after the effective date of this than 1 year after the effective date of this child’s name, gender, date of birth, country Act. of birth, and country of habitual residence; Act, shall submit to the Committees on the (c) TECHNOLOGY ADVISORY COMMITTEE.— Judiciary and Appropriations of the House of (ii) the date on which the child came into (1) ESTABLISHMENT.—The Secretary shall Federal custody by reason of his or her im- Representatives and of the Senate a report establish, not later than 60 days after the ef- with a plan detailing how the Bureau of Citi- migration status; fective date of this Act, an advisory com- (iii) information relating to the child’s zenship and Immigration Services, after the mittee (in this section referred to as the transfer of functions specified in this sub- placement, removal, or release from each fa- ‘‘Technology Advisory Committee’’) to assist cility in which the child has resided; title takes effect, will complete efficiently, the Secretary in— fairly, and within a reasonable time, the ad- (iv) in any case in which the child is placed (A) establishing the tracking system under in detention or released, an explanation re- judications described in paragraphs (1) subsection (a); and through (5) of section 451(b). lating to the detention or release; and (B) conducting the study under subsection (v) the disposition of any actions in which (b) CONTENTS.—For each type of adjudica- (b). tion to be undertaken by the Director of the the child is the subject; The Technology Advisory Committee shall (K) collecting and compiling statistical in- Bureau of Citizenship and Immigration Serv- be established after consultation with the ices, the report shall include the following: formation from the Department of Justice, Committees on the Judiciary of the House of the Department of Homeland Security, and (1) Any potential savings of resources that Representatives and the Senate. may be implemented without affecting the the Department of State on each depart- (2) COMPOSITION.—The Technology Advi- ment’s actions relating to unaccompanied quality of the adjudication. sory Committee shall be composed of rep- (2) The goal for processing time with re- alien children; and resentatives from high technology compa- (L) conducting investigations and inspec- spect to the application. nies capable of establishing and imple- (3) Any statutory modifications with re- tions of facilities and other entities in which menting the system in an expeditious man- unaccompanied alien children reside. spect to the adjudication that the Secretary ner, and representatives of persons who may (2) COORDINATION WITH OTHER ENTITIES; NO considers advisable. use the tracking system described in sub- (c) CONSULTATION.—In carrying out sub- RELEASE ON OWN RECOGNIZANCE.—In making section (a) and the online filing system de- determinations described in paragraph (1)(C), section (a), the Secretary shall consult with scribed in subsection (b)(1). the Secretary of State, the Secretary of the Director of the Office of Refugee Reset- SEC. 462. CHILDREN’S AFFAIRS. Labor, the Assistant Secretary of the Bureau tlement— (a) TRANSFER OF FUNCTIONS.—There are of Border Security of the Department, and (A) shall consult with appropriate juvenile transferred to the Director of the Office of the Director of the Executive Office for Im- justice professionals, the Director of the Bu- Refugee Resettlement of the Department of reau of Citizenship and Immigration Serv- migration Review to determine how to Health and Human Services functions under ices, and the Assistant Secretary of the Bu- streamline and improve the process for ap- the immigration laws of the United States reau of Border Security to ensure that such plying for and making adjudications de- with respect to the care of unaccompanied determinations ensure that unaccompanied scribed in section 451(b) and related proc- alien children that were vested by statute in, alien children described in such subpara- esses. or performed by, the Commissioner of Immi- SEC. 460. REPORT ON RESPONDING TO FLUC- gration and Naturalization (or any officer, graph— TUATING NEEDS. employee, or component of the Immigration (i) are likely to appear for all hearings or Not later than 30 days after the date of the and Naturalization Service) immediately be- proceedings in which they are involved; enactment of this Act, the Attorney General fore the effective date specified in subsection (ii) are protected from smugglers, traf- shall submit to Congress a report on changes (d). fickers, or others who might seek to vic- in law, including changes in authorizations (b) FUNCTIONS.— timize or otherwise engage them in criminal, of appropriations and in appropriations, that (1) IN GENERAL.—Pursuant to the transfer harmful, or exploitive activity; and are needed to permit the Immigration and made by subsection (a), the Director of the (iii) are placed in a setting in which they Naturalization Service, and, after the trans- Office of Refugee Resettlement shall be re- not likely to pose a danger to themselves or fer of functions specified in this subtitle sponsible for— others; and takes effect, the Bureau of Citizenship and (A) coordinating and implementing the (B) shall not release such children upon Immigration Services of the Department, to care and placement of unaccompanied alien their own recognizance. ensure a prompt and timely response to children who are in Federal custody by rea- (3) DUTIES WITH RESPECT TO FOSTER CARE.— emergent, unforeseen, or impending changes son of their immigration status, including In carrying out the duties described in para- in the number of applications for immigra- developing a plan to be submitted to Con- graph (1)(G), the Director of the Office of tion benefits, and otherwise to ensure the ac- gress on how to ensure that qualified and Refugee Resettlement is encouraged to use commodation of changing immigration serv- independent legal counsel is timely ap- the refugee children foster care system es- ice needs. pointed to represent the interests of each tablished pursuant to section 412(d) of the SEC. 461. APPLICATION OF INTERNET-BASED such child, consistent with the law regarding Immigration and Nationality Act (8 U.S.C. TECHNOLOGIES. appointment of counsel that is in effect on 1522(d)) for the placement of unaccompanied (a) ESTABLISHMENT OF TRACKING SYSTEM.— the date of the enactment of this Act; alien children. The Secretary, not later than 1 year after (B) ensuring that the interests of the child (c) RULE OF CONSTRUCTION.—Nothing in the effective date of this Act, in consultation are considered in decisions and actions relat- this section may be construed to transfer the

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10916 CONGRESSIONAL RECORD — SENATE November 13, 2002 responsibility for adjudicating benefit deter- functions or organizational units within the (5) shall not be a basis for payment, and minations under the Immigration and Na- Bureau of Border Security or the Bureau of shall not be included in the computation, of tionality Act (8 U.S.C. 1101 et seq.) from the Citizenship and Immigration Services, but any other type of Government benefit; and authority of any official of the Department may not be used to recombine the two bu- (6) shall not be taken into account in de- of Justice, the Department of Homeland Se- reaus into a single agency or otherwise to termining the amount of any severance pay curity, or the Department of State. combine, join, or consolidate functions or or- to which the employee may be entitled under (d) EFFECTIVE DATE.—Notwithstanding sec- ganizational units of the two bureaus with section 5595 of title 5, United States Code, tion 4, this section shall take effect on the each other. based on any other separation. date on which the transfer of functions speci- (d) ADDITIONAL AGENCY CONTRIBUTIONS TO fied under section 441 takes effect. SEC. 472. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. THE RETIREMENT FUND.— (e) REFERENCES.—With respect to any func- (1) IN GENERAL.—In addition to any pay- tion transferred by this section, any ref- (a) DEFINITIONS.—For purposes of this sec- ments which it is otherwise required to erence in any other Federal law, Executive tion— order, rule, regulation, or delegation of au- (1) the term ‘‘employee’’ means an em- make, the Department of Justice and the De- thority, or any document of or pertaining to ployee (as defined by section 2105 of title 5, partment of Homeland Security shall, for a component of government from which such United States Code) who— each fiscal year with respect to which it function is transferred— (A) has completed at least 3 years of cur- makes any voluntary separation incentive (1) to the head of such component is rent continuous service with 1 or more cov- payments under this section, remit to the deemed to refer to the Director of the Office ered entities; and Office of Personnel Management for deposit of Refugee Resettlement; or (B) is serving under an appointment within the Treasury of the United States to the (2) to such component is deemed to refer to out time limitation; credit of the Civil Service Retirement and the Office of Refugee Resettlement of the but does not include any person under sub- Disability Fund the amount required under Department of Health and Human Services. paragraphs (A)–(G) of section 663(a)(2) of paragraph (2). (f) OTHER TRANSITION ISSUES.— Public Law 104–208 (5 U.S.C. 5597 note); (2) AMOUNT REQUIRED.—The amount re- (1) EXERCISE OF AUTHORITIES.—Except as (2) the term ‘‘covered entity’’ means— quired under this paragraph shall, for any otherwise provided by law, a Federal official (A) the Immigration and Naturalization fiscal year, be the amount under subpara- to whom a function is transferred by this Service; graph (A) or (B), whichever is greater. section may, for purposes of performing the (B) the Bureau of Border Security of the (A) FIRST METHOD.—The amount under this function, exercise all authorities under any Department of Homeland Security; and subparagraph shall, for any fiscal year, be other provision of law that were available (C) the Bureau of Citizenship and Immigra- equal to the minimum amount necessary to with respect to the performance of that function Services of the Department of Homeland offset the additional costs to the retirement tion to the official responsible for the per- Security; and systems under title 5, United States Code formance of the function immediately before (3) the term ‘‘transfer date’’ means the (payable out of the Civil Service Retirement the effective date specified in subsection (d). date on which the transfer of functions speci- and Disability Fund) resulting from the vol- (2) SAVINGS PROVISIONS.—Subsections (a), fied under section 441 takes effect. untary separation of the employees described (b), and (c) of section 1512 shall apply to a in paragraph (3), as determined under regula- TRATEGIC RESTRUCTURING PLAN.—Be- (b) S tions of the Office of Personnel Management. transfer of functions under this section in fore the Attorney General or the Secretary (B) SECOND METHOD.—The amount under the same manner as such provisions apply to obligates any resources for voluntary separa- a transfer of functions under this Act to the this subparagraph shall, for any fiscal year, tion incentive payments under this section, be equal to 45 percent of the sum total of the Department of Homeland Security. such official shall submit to the appropriate (3) TRANSFER AND ALLOCATION OF APPRO- final basic pay of the employees described in committees of Congress a strategic restruc- paragraph (3). PRIATIONS AND PERSONNEL.—The personnel of turing plan, which shall include— (3) COMPUTATIONS TO BE BASED ON SEPARA- the Department of Justice employed in con- (1) an organizational chart depicting the TIONS OCCURRING IN THE FISCAL YEAR IN- nection with the functions transferred by covered entities after their restructuring VOLVED.—The employees described in this this section, and the assets, liabilities, con- pursuant to this Act; tracts, property, records, and unexpended paragraph are those employees who receive a (2) a summary description of how the au- voluntary separation incentive payment balance of appropriations, authorizations, al- thority under this section will be used to locations, and other funds employed, held, under this section based on their separating help carry out that restructuring; and from service during the fiscal year with re- used, arising from, available to, or to be (3) the information specified in section made available to, the Immigration and Nat- spect to which the payment under this sub- 663(b)(2) of Public Law 104–208 (5 U.S.C. 5597 section relates. uralization Service in connection with the note). functions transferred by this section, subject (4) FINAL BASIC PAY DEFINED.—In this sub- to section 202 of the Budget and Accounting As used in the preceding sentence, the ‘‘ap- section, the term ‘‘final basic pay’’ means, Procedures Act of 1950, shall be transferred propriate committees of Congress’’ are the with respect to an employee, the total to the Director of the Office of Refugee Re- Committees on Appropriations, Government amount of basic pay which would be payable settlement for allocation to the appropriate Reform, and the Judiciary of the House of for a year of service by such employee, com- component of the Department of Health and Representatives, and the Committees on Ap- puted using the employee’s final rate of basic Human Services. Unexpended funds trans- propriations, Governmental Affairs, and the pay, and, if last serving on other than a full- ferred pursuant to this paragraph shall be Judiciary of the Senate. time basis, with appropriate adjustment used only for the purposes for which the (c) AUTHORITY.—The Attorney General and therefor. funds were originally authorized and appro- the Secretary may, to the extent necessary (e) EFFECT OF SUBSEQUENT EMPLOYMENT priated. to help carry out their respective strategic WITH THE GOVERNMENT.—An individual who (g) DEFINITIONS.—As used in this section— restructuring plan described in subsection receives a voluntary separation incentive (1) the term ‘‘placement’’ means the place- (b), make voluntary separation incentive payment under this section and who, within ment of an unaccompanied alien child in ei- payments to employees. Any such payment— 5 years after the date of the separation on ther a detention facility or an alternative to (1) shall be paid to the employee, in a lump which the payment is based, accepts any such a facility; and sum, after the employee has separated from compensated employment with the Govern- (2) the term ‘‘unaccompanied alien child’’ service; ment or works for any agency of the Govern- means a child who— (2) shall be paid from appropriations or ment through a personal services contract, (A) has no lawful immigration status in funds available for the payment of basic pay shall be required to pay, prior to the individ- the United States; of the employee; ual’s first day of employment, the entire (B) has not attained 18 years of age; and (3) shall be equal to the lesser of— amount of the incentive payment. Such pay- (C) with respect to whom— (A) the amount the employee would be en- ment shall be made to the covered entity (i) there is no parent or legal guardian in titled to receive under section 5595(c) of title from which the individual separated or, if the United States; or 5, United States Code; or made on or after the transfer date, to the (ii) no parent or legal guardian in the (B) an amount not to exceed $25,000, as de- Deputy Secretary or the Under Secretary for United States is available to provide care termined by the Attorney General or the Border and Transportation Security (for and physical custody. Secretary; transfer to the appropriate component of the Subtitle F—General Immigration Provisions (4) may not be made except in the case of Department of Homeland Security, if nec- SEC. 471. ABOLISHMENT OF INS. any qualifying employee who voluntarily essary). (a) IN GENERAL.—Upon completion of all separates (whether by retirement or resigna- (f) EFFECT ON EMPLOYMENT LEVELS.— transfers from the Immigration and Natu- tion) before the end of— (1) INTENDED EFFECT.—Voluntary separa- ralization Service as provided for by this (A) the 3-month period beginning on the tions under this section are not intended to Act, the Immigration and Naturalization date on which such payment is offered or necessarily reduce the total number of full- Service of the Department of Justice is abol- made available to such employee; or time equivalent positions in any covered en- ished. (B) the 3-year period beginning on the date tity. (b) PROHIBITION.—The authority provided of the enactment of this Act, (2) USE OF VOLUNTARY SEPARATIONS.—A by section 1502 may be used to reorganize whichever occurs first; covered entity may redeploy or use the full-

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10917 time equivalent positions vacated by vol- (1) the missions of the Bureau of Border (B) Chain of command. untary separations under this section to Security and the Bureau of Citizenship and (C) Procedures for interaction among such make other positions available to more crit- Immigration Services are equally important bureaus. ical locations or more critical occupations. and, accordingly, they each should be ade- (D) Fraud detection and investigation. SEC. 473. AUTHORITY TO CONDUCT A DEM- quately funded; and (E) The processing and handling of removal ONSTRATION PROJECT RELATING (2) the functions transferred under this proceedings, including expedited removal TO DISCIPLINARY ACTION. subtitle should not, after such transfers take and applications for relief from removal. (a) IN GENERAL.—The Attorney General effect, operate at levels below those in effect (F) Recommendations for conforming and the Secretary may each, during a period prior to the enactment of this Act. amendments to the Immigration and Nation- ending not later than 5 years after the date SEC. 475. DIRECTOR OF SHARED SERVICES. ality Act (8 U.S.C. 1101 et seq.). of the enactment of this Act, conduct a dem- (a) IN GENERAL.—Within the Office of Dep- (G) Establishment of a transition team. onstration project for the purpose of deter- uty Secretary, there shall be a Director of (H) Methods to phase in the costs of sepa- mining whether one or more changes in the Shared Services. rating the administrative support systems of policies or procedures relating to methods (b) FUNCTIONS.—The Director of Shared the Immigration and Naturalization Service for disciplining employees would result in Services shall be responsible for the coordi- in order to provide for separate administra- improved personnel management. nation of resources for the Bureau of Border tive support systems for the Bureau of Citi- (b) SCOPE.—A demonstration project under Security and the Bureau of Citizenship and zenship and Immigration Services and the this section— Immigration Services, including— Bureau of Border Security. (d) COMPTROLLER GENERAL STUDIES AND (1) may not cover any employees apart (1) information resources management, in- REPORTS.— from those employed in or under a covered cluding computer databases and information (1) STATUS REPORTS ON TRANSITION.—Not entity; and technology; later than 18 months after the date on which (2) shall not be limited by any provision of (2) records and file management; and the transfer of functions specified under sec- chapter 43, 75, or 77 of title 5, United States (3) forms management. tion 441 takes effect, and every 6 months Code. SEC. 476. SEPARATION OF FUNDING. (c) PROCEDURES.—Under the demonstration thereafter, until full implementation of this (a) IN GENERAL.—There shall be established subtitle has been completed, the Comptroller project— separate accounts in the Treasury of the (1) the use of alternative means of dispute General of the United States shall submit to United States for appropriated funds and the Committees on Appropriations and on resolution (as defined in section 571 of title 5, other deposits available for the Bureau of United States Code) shall be encouraged, the Judiciary of the House of Representa- Citizenship and Immigration Services and tives and the Senate a report containing the whenever appropriate; and the Bureau of Border Security. (2) each covered entity under the jurisdic- following: (b) SEPARATE BUDGETS.—To ensure that tion of the official conducting the project (A) A determination of whether the trans- the Bureau of Citizenship and Immigration fers of functions made by subtitles D and E shall be required to provide for the expedi- Services and the Bureau of Border Security tious, fair, and independent review of any ac- have been completed, and if a transfer of are funded to the extent necessary to fully functions has not taken place, identifying tion to which section 4303 or subchapter II of carry out their respective functions, the Di- chapter 75 of such title 5 would otherwise the reasons why the transfer has not taken rector of the Office of Management and place. apply (except an action described in section Budget shall separate the budget requests for (B) If the transfers of functions made by 7512(5) of such title 5). each such entity. subtitles D and E have been completed, an (d) ACTIONS INVOLVING DISCRIMINATION.— (c) FEES.—Fees imposed for a particular identification of any issues that have arisen Notwithstanding any other provision of this service, application, or benefit shall be de- due to the completed transfers. section, if, in the case of any matter deposited into the account established under (C) An identification of any issues that scribed in section 7702(a)(1)(B) of title 5, subsection (a) that is for the bureau with ju- may arise due to any future transfer of func- United States Code, there is no judicially re- risdiction over the function to which the fee tions. viewable action under the demonstration relates. (2) REPORT ON MANAGEMENT.—Not later project within 120 days after the filing of an (d) FEES NOT TRANSFERABLE.—No fee may than 4 years after the date on which the appeal or other formal request for review (re- be transferred between the Bureau of Citi- transfer of functions specified under section ferred to in subsection (c)(2)), an employee zenship and Immigration Services and the 441 takes effect, the Comptroller General of shall be entitled to file a civil action to the Bureau of Border Security for purposes not the United States shall submit to the Com- same extent and in the same manner as pro- authorized by section 286 of the Immigration mittees on Appropriations and on the Judici- vided in section 7702(e)(1) of such title 5 (in and Nationality Act (8 U.S.C. 1356). ary of the House of Representatives and the the matter following subparagraph (C) there- SEC. 477. REPORTS AND IMPLEMENTATION Senate a report, following a study, con- of). PLANS. taining the following: (e) CERTAIN EMPLOYEES.—Employees shall (a) DIVISION OF FUNDS.—The Secretary, not (A) Determinations of whether the transfer not be included within any project under this later than 120 days after the effective date of of functions from the Immigration and Natu- section if such employees are— this Act, shall submit to the Committees on ralization Service to the Bureau of Citizen- (1) neither managers nor supervisors; and Appropriations and the Judiciary of the ship and Immigration Services and the Bu- (2) within a unit with respect to which a House of Representatives and of the Senate a reau of Border Security have improved, with labor organization is accorded exclusive rec- report on the proposed division and transfer respect to each function transferred, the fol- ognition under chapter 71 of title 5, United of funds, including unexpended funds, appro- lowing: States Code. priations, and fees, between the Bureau of (i) Operations. Notwithstanding the preceding sentence, an Citizenship and Immigration Services and (ii) Management, including accountability aggrieved employee within a unit (referred the Bureau of Border Security. and communication. to in paragraph (2)) may elect to participate (b) DIVISION OF PERSONNEL.—The Sec- (iii) Financial administration. in a complaint procedure developed under retary, not later than 120 days after the ef- (iv) Recordkeeping, including information the demonstration project in lieu of any ne- fective date of this Act, shall submit to the management and technology. gotiated grievance procedure and any statu- Committees on Appropriations and the Judi- (B) A statement of the reasons for the de- tory procedure (as such term is used in sec- ciary of the House of Representatives and of terminations under subparagraph (A). tion 7121 of such title 5). the Senate a report on the proposed division (C) Any recommendations for further im- (f) REPORTS.—The General Accounting Of- of personnel between the Bureau of Citizen- provements to the Bureau of Citizenship and fice shall prepare and submit to the Commit- ship and Immigration Services and the Bu- Immigration Services and the Bureau of Bor- tees on Government Reform and the Judici- reau of Border Security. der Security. ary of the House of Representatives and the (c) IMPLEMENTATION PLAN.— (3) REPORT ON FEES.—Not later than 1 year Committees on Governmental Affairs and (1) IN GENERAL.—The Secretary, not later after the date of the enactment of this Act, the Judiciary of the Senate periodic reports than 120 days after the effective date of this the Comptroller General of the United States on any demonstration project conducted Act, and every 6 months thereafter until the shall submit to the Committees on the Judi- under this section, such reports to be sub- termination of fiscal year 2005, shall submit ciary of the House of Representatives and of mitted after the second and fourth years of to the Committees on Appropriations and the Senate a report examining whether the its operation. Upon request, the Attorney the Judiciary of the House of Representa- Bureau of Citizenship and Immigration Serv- General or the Secretary shall furnish such tives and of the Senate an implementation ices is likely to derive sufficient funds from information as the General Accounting Of- plan to carry out this Act. fees to carry out its functions in the absence fice may require to carry out this sub- (2) CONTENTS.—The implementation plan of appropriated funds. section. should include details concerning the separa- SEC. 478. IMMIGRATION FUNCTIONS. (g) DEFINITION.—In this section, the term tion of the Bureau of Citizenship and Immi- (a) ANNUAL REPORT.— ‘‘covered entity’’ has the meaning given such gration Services and the Bureau of Border (1) IN GENERAL.—One year after the date of term in section 472(a)(2). Security, including the following: the enactment of this Act, and each year SEC. 474. SENSE OF CONGRESS. (A) Organizational structure, including the thereafter, the Secretary shall submit a re- It is the sense of Congress that— field structure. port to the President, to the Committees on

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10918 CONGRESSIONAL RECORD — SENATE November 13, 2002 the Judiciary and Government Reform of the Stockpile, the National Disaster Medical carried out by the Department of Health and House of Representatives, and to the Com- System, and (when operating as an organiza- Human Services (including the Public Health mittees on the Judiciary and Government tional unit of the Department pursuant to Service), the Secretary of Health and Human Affairs of the Senate, on the impact the this title) the Nuclear Incident Response Services shall set priorities and preparedness transfers made by this subtitle has had on Team; goals and further develop a coordinated immigration functions. (C) overseeing the Metropolitan Medical strategy for such activities in collaboration (2) MATTER INCLUDED.—The report shall ad- Response System; and with the Secretary. dress the following with respect to the period (D) coordinating other Federal response re- (b) EVALUATION OF PROGRESS.—In carrying covered by the report: sources in the event of a terrorist attack or out subsection (a), the Secretary of Health (A) The aggregate number of all immigra- major disaster; and Human Services shall collaborate with tion applications and petitions received, and (4) aiding the recovery from terrorist at- the Secretary in developing specific bench- processed, by the Department; tacks and major disasters; marks and outcome measurements for evalu- (B) Region-by-region statistics on the ag- (5) building a comprehensive national inci- ating progress toward achieving the prior- gregate number of immigration applications dent management system with Federal, ities and goals described in such subsection. and petitions filed by an alien (or filed on be- State, and local government personnel, agen- SEC. 506. DEFINITION. half of an alien) and denied, disaggregated by cies, and authorities, to respond to such at- In this title, the term ‘‘Nuclear Incident category of denial and application or peti- tacks and disasters; Response Team’’ means a resource that in- tion type. (6) consolidating existing Federal Govern- cludes— (C) The quantity of backlogged immigra- ment emergency response plans into a single, (1) those entities of the Department of En- tion applications and petitions that have coordinated national response plan; and ergy that perform nuclear or radiological been processed, the aggregate number await- (7) developing comprehensive programs for emergency support functions (including acci- ing processing, and a detailed plan for elimi- developing interoperative communications dent response, search response, advisory, and nating the backlog. technology, and helping to ensure that emer- technical operations functions), radiation (D) The average processing period for im- gency response providers acquire such tech- exposure functions at the medical assistance migration applications and petitions, nology. facility known as the Radiation Emergency disaggregated by application or petition Assistance Center/Training Site (REAC/TS), SEC. 503. FUNCTIONS TRANSFERRED. type. radiological assistance functions, and re- In accordance with title XV, there shall be (E) The number and types of immigration- lated functions; and transferred to the Secretary the functions, related grievances filed with any official of (2) those entities of the Environmental personnel, assets, and liabilities of the fol- the Department of Justice, and if those Protection Agency that perform such sup- lowing entities: grievances were resolved. port functions (including radiological emer- (1) The Federal Emergency Management (F) Plans to address grievances and im- gency response functions) and related func- Agency, including the functions of the Direc- prove immigration services. tions. tor of the Federal Emergency Management (G) Whether immigration-related fees were Agency relating thereto. SEC. 507. ROLE OF FEDERAL EMERGENCY MAN- used consistent with legal requirements re- AGEMENT AGENCY. (2) The Integrated Hazard Information Sys- garding such use. (a) IN GENERAL.—The functions of the Fed- tem of the National Oceanic and Atmos- (H) Whether immigration-related questions eral Emergency Management Agency include conveyed by customers to the Department pheric Administration, which shall be re- the following: (whether conveyed in person, by telephone, named ‘‘FIRESAT’’. (1) All functions and authorities prescribed or by means of the Internet) were answered (3) The National Domestic Preparedness by the Robert T. Stafford Disaster Relief and effectively and efficiently. Office of the Federal Bureau of Investiga- Emergency Assistance Act (42 U.S.C. 5121 et (b) SENSE OF CONGRESS REGARDING IMMI- tion, including the functions of the Attorney seq.). GRATION SERVICES.—It is the sense of Con- General relating thereto. (2) Carrying out its mission to reduce the gress that— (4) The Domestic Emergency Support loss of life and property and protect the Na- (1) the quality and efficiency of immigra- Teams of the Department of Justice, includ- tion from all hazards by leading and sup- tion services rendered by the Federal Gov- ing the functions of the Attorney General reporting the Nation in a comprehensive, risk- ernment should be improved after the trans- lating thereto. based emergency management program— fers made by this subtitle take effect; and (5) The Office of Emergency Preparedness, (A) of mitigation, by taking sustained ac- (2) the Secretary should undertake efforts the National Disaster Medical System, and tions to reduce or eliminate long-term risk to guarantee that concerns regarding the the Metropolitan Medical Response System to people and property from hazards and quality and efficiency of immigration serv- of the Department of Health and Human their effects; ices are addressed after such effective date. Services, including the functions of the Sec- (B) of planning for building the emergency TITLE V—EMERGENCY PREPAREDNESS retary of Health and Human Services and the management profession to prepare effec- AND RESPONSE Assistant Secretary for Public Health Emer- tively for, mitigate against, respond to, and gency Preparedness relating thereto. SEC. 501. UNDER SECRETARY FOR EMERGENCY recover from any hazard; PREPAREDNESS AND RESPONSE. (6) The Strategic National Stockpile of the (C) of response, by conducting emergency There shall be in the Department a Direc- Department of Health and Human Services, operations to save lives and property torate of Emergency Preparedness and Re- including the functions of the Secretary of through positioning emergency equipment sponse headed by an Under Secretary for Health and Human Services relating thereto. and supplies, through evacuating potential Emergency Preparedness and Response. SEC. 504. NUCLEAR INCIDENT RESPONSE. victims, through providing food, water, shel- SEC. 502. RESPONSIBILITIES. (a) IN GENERAL.—At the direction of the ter, and medical care to those in need, and The Secretary, acting through the Under Secretary (in connection with an actual or through restoring critical public services; Secretary for Emergency Preparedness and threatened terrorist attack, major disaster, (D) of recovery, by rebuilding communities Response, shall include— or other emergency in the United States), so individuals, businesses, and governments (1) helping to ensure the effectiveness of the Nuclear Incident Response Team shall can function on their own, return to normal emergency response providers to terrorist at- operate as an organizational unit of the De- life, and protect against future hazards; and tacks, major disasters, and other emer- partment. While so operating, the Nuclear (E) of increased efficiencies, by coordi- gencies; Incident Response Team shall be subject to nating efforts relating to mitigation, plan- (2) with respect to the Nuclear Incident Re- the direction, authority, and control of the ning, response, and recovery. sponse Team (regardless of whether it is op- Secretary. (b) FEDERAL RESPONSE PLAN.— erating as an organizational unit of the De- (b) RULE OF CONSTRUCTION.—Nothing in (1) ROLE OF FEMA.—Notwithstanding any partment pursuant to this title)— this title shall be construed to limit the or- other provision of this Act, the Federal (A) establishing standards and certifying dinary responsibility of the Secretary of En- Emergency Management Agency shall re- when those standards have been met; ergy and the Administrator of the Environ- main the lead agency for the Federal Re- (B) conducting joint and other exercises mental Protection Agency for organizing, sponse Plan established under Executive and training and evaluating performance; training, equipping, and utilizing their re- Order 12148 (44 Fed. Reg. 43239) and Executive and spective entities in the Nuclear Incident Re- Order 12656 (53 Fed. Reg. 47491). (C) providing funds to the Department of sponse Team, or (subject to the provisions of (2) REVISION OF RESPONSE PLAN.—Not later Energy and the Environmental Protection this title) from exercising direction, author- than 60 days after the date of enactment of Agency, as appropriate, for homeland secu- ity, and control over them when they are not this Act, the Director of the Federal Emer- rity planning, exercises and training, and operating as a unit of the Department. gency Management Agency shall revise the equipment; SEC. 505. CONDUCT OF CERTAIN PUBLIC Federal Response Plan to reflect the estab- (3) providing the Federal Government’s re- HEALTH-RELATED ACTIVITIES. lishment of and incorporate the Department. sponse to terrorist attacks and major disas- (a) IN GENERAL.—With respect to all public SEC. 508. USE OF NATIONAL PRIVATE SECTOR ters, including— health-related activities to improve State, NETWORKS IN EMERGENCY RE- (A) managing such response; local, and hospital preparedness and response SPONSE. (B) directing the Domestic Emergency to chemical, biological, radiological, and nu- To the maximum extent practicable, the Support Team, the Strategic National clear and other emerging terrorist threats Secretary shall use national private sector

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10919 networks and infrastructure for emergency (1) Not taking into account funds or dona- triot Trust should take into account the response to chemical, biological, radio- tions reasonably necessary to establish a amount of any collateral source compensa- logical, nuclear, or explosive disasters, and trust, at least 85 percent of all funds or dona- tion that the beneficiary has received or is other major disasters. tions (including any earnings on the invest- entitled to receive as a result of the death of SEC. 509. USE OF COMMERCIALLY AVAILABLE ment of such funds or donations) received or an individual described in paragraph (1). TECHNOLOGY, GOODS, AND SERV- collected by any Johnny Micheal Spann Pa- (B) Collateral source compensation in- ICES. triot Trust must be distributed to (or, if cludes all compensation from collateral It is the sense of Congress that— placed in a private foundation, held in trust sources, including life insurance, pension (1) the Secretary should, to the maximum for) surviving spouses, children, or dependent funds, death benefit programs, and payments extent possible, use off-the-shelf commer- parents, grandparents, or siblings of 1 or by Federal, State, or local governments re- cially developed technologies to ensure that more of the following: lated to the death of an individual described the Department’s information technology (A) members of the Armed Forces of the in paragraph (1). systems allow the Department to collect, United States; (d) TREATMENT OF JOHNNY MICHEAL SPANN manage, share, analyze, and disseminate in- (B) personnel, including contractors, of PATRIOT TRUSTS.—Each Johnny Micheal formation securely over multiple channels of elements of the intelligence community, as Spann Patriot Trust shall refrain from con- communication; and defined in section 3(4) of the National Secu- ducting the activities described in clauses (i) (2) in order to further the policy of the rity Act of 1947; and (ii) of section 301(20)(A) of the Federal United States to avoid competing commer- (C) employees of the Federal Bureau of In- Election Campaign Act of 1971 so that a gen- cially with the private sector, the Secretary vestigation; and eral solicitation of funds by an individual de- should rely on commercial sources to supply (D) officers, employees, or contract em- scribed in paragraph (1) of section 323(e) of the goods and services needed by the Depart- ployees of the United States Government, such Act will be permissible if such solicita- ment. whose deaths occur in the line of duty and tion meets the requirements of paragraph TITLE VI—TREATMENT OF CHARITABLE arise out of terrorist attacks, military oper- (4)(A) of such section. TRUSTS FOR MEMBERS OF THE ARMED ations, intelligence operations, or law en- (e) NOTIFICATION OF TRUST BENE- FORCES OF THE UNITED STATES AND forcement operations or accidents connected FICIARIES.—Notwithstanding any other provision of law, and in a manner consistent with OTHER GOVERNMENTAL ORGANIZA- with activities occurring after September 11, the protection of intelligence sources and TIONS 2001, and related to domestic or foreign efforts to curb international terrorism, includ- methods and sensitive law enforcement in- SEC. 601. TREATMENT OF CHARITABLE TRUSTS ing the Authorization for Use of Military formation, and other sensitive national secu- FOR MEMBERS OF THE ARMED rity information, the Secretary of Defense, FORCES OF THE UNITED STATES Force (Public Law 107–40; 115 Stat. 224). AND OTHER GOVERNMENTAL ORGA- (2) Other than funds or donations reason- the Director of the Federal Bureau of Inves- NIZATIONS. ably necessary to establish a trust, not more tigation, or the Director of Central Intel- (a) FINDINGS.—Congress finds the fol- than 15 percent of all funds or donations (or ligence, or their designees, as applicable, lowing: 15 percent of annual earnings on funds in- may forward information received from an (1) Members of the Armed Forces of the vested in a private foundation) may be used executor, administrator, or other legal rep- United States defend the freedom and secu- for administrative purposes. resentative of the estate of a decedent de- rity of our Nation. (3) No part of the net earnings of any John- scribed in subparagraph (A), (B), (C), or (D) (2) Members of the Armed Forces of the ny Micheal Spann Patriot Trust may inure of subsection (c)(1), to a Johnny Micheal United States have lost their lives while bat- to the benefit of any individual based solely Spann Patriot Trust on how to contact indi- tling the evils of terrorism around the world. on the position of such individual as a share- viduals eligible for a distribution under sub- (3) Personnel of the Central Intelligence holder, an officer or employee of such Trust. section (c)(1) for the purpose of providing as- Agency (CIA) charged with the responsibility (4) None of the activities of any Johnny sistance from such Trust; provided that, nei- of covert observation of terrorists around Micheal Spann Patriot Trust shall be con- ther forwarding nor failing to forward any the world are often put in harm’s way during ducted in a manner inconsistent with any information under this subsection shall cre- their service to the United States. law that prohibits attempting to influence ate any cause of action against any Federal (4) Personnel of the Central Intelligence legislation. department, agency, officer, agent, or em- Agency have also lost their lives while bat- (5) No Johnny Micheal Spann Patriot ployee. (f) REGULATIONS.—Not later than 90 days tling the evils of terrorism around the world. Trust may participate in or intervene in any after the date of enactment of this Act, the (5) Employees of the Federal Bureau of In- political campaign on behalf of (or in opposi- Secretary of Defense, in coordination with vestigation (FBI) and other Federal agencies tion to) any candidate for public office, including by publication or distribution of the Attorney General, the Director of the charged with domestic protection of the Federal Bureau of Investigation, and the Di- United States put their lives at risk on a statements. (6) Each Johnny Micheal Spann Patriot rector of Central Intelligence, shall prescribe daily basis for the freedom and security of regulations to carry out this section. our Nation. Trust shall comply with the instructions and (6) United States military personnel, CIA directions of the Director of Central Intel- TITLE VII—MANAGEMENT personnel, FBI personnel, and other Federal ligence, the Attorney General, or the Sec- SEC. 701. UNDER SECRETARY FOR MANAGEMENT. agents in the service of the United States are retary of Defense relating to the protection (a) IN GENERAL.—The Secretary, acting patriots of the highest order. of intelligence sources and methods, sen- through the Under Secretary for Manage- (7) CIA officer Johnny Micheal Spann be- sitive law enforcement information, or other ment, shall be responsible for the manage- came the first American to give his life for sensitive national security information, in- ment and administration of the Department, his country in the War on Terrorism de- cluding methods for confidentially dis- including the following: clared by President George W. Bush fol- bursing funds. (1) The budget, appropriations, expendi- lowing the terrorist attacks of September 11, (7) Each Johnny Micheal Spann Patriot tures of funds, accounting, and finance. 2001. Trust that receives annual contributions to- (2) Procurement. (8) Johnny Micheal Spann left behind a taling more than $1,000,000 must be audited (3) Human resources and personnel. wife and children who are very proud of the annually by an independent certified public (4) Information technology and commu- heroic actions of their patriot father. accounting firm. Such audits shall be filed nications systems. (9) Surviving dependents of members of the with the Internal Revenue Service, and shall (5) Facilities, property, equipment, and Armed Forces of the United States who lose be open to public inspection, except that the other material resources. their lives as a result of terrorist attacks or conduct, filing, and availability of the audit (6) Security for personnel, information military operations abroad receive a $6,000 shall be consistent with the protection of in- technology and communications systems, fa- death benefit, plus a small monthly benefit. telligence sources and methods, of sensitive cilities, property, equipment, and other ma- (10) The current system of compensating law enforcement information, and of other terial resources. spouses and children of American patriots is sensitive national security information. (7) Identification and tracking of perform- inequitable and needs improvement. (8) Each Johnny Micheal Spann Patriot ance measures relating to the responsibil- (b) DESIGNATION OF JOHNNY MICHEAL SPANN Trust shall make distributions to bene- ities of the Department. PATRIOT TRUSTS.—Any charitable corpora- ficiaries described in paragraph (1) at least (8) Grants and other assistance manage- tion, fund, foundation, or trust (or separate once every calendar year, beginning not ment programs. fund or account thereof) which otherwise later than 12 months after the formation of (9) The transition and reorganization proc- meets all applicable requirements under law such Trust, and all funds and donations re- ess, to ensure an efficient and orderly trans- with respect to charitable entities and meets ceived and earnings not placed in a private fer of functions and personnel to the Depart- the requirements described in subsection (c) foundation dedicated to such beneficiaries ment, including the development of a transi- shall be eligible to characterize itself as a must be distributed within 36 months after tion plan. ‘‘Johnny Micheal Spann Patriot Trust’’. the end of the fiscal year in which such (10) The conduct of internal audits and (c) REQUIREMENTS FOR THE DESIGNATION OF funds, donations, and earnings are received. management analyses of the programs and JOHNNY MICHEAL SPANN PATRIOT TRUSTS.— (9)(A) When determining the amount of a activities of the Department. The requirements described in this sub- distribution to any beneficiary described in (11) Any other management duties that the section are as follows: paragraph (1), a Johnny Micheal Spann Pa- Secretary may designate.

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(b) IMMIGRATION.— and functions of, and how to contact, the Of- (6) other matters the disclosure of which (1) IN GENERAL.—In addition to the respon- ficer. would, in the Secretary’s judgment, con- sibilities described in subsection (a), the (b) REPORT.—The Secretary shall submit to stitute a serious threat to national security. Under Secretary for Management shall be re- the President of the Senate, the Speaker of (b) PROHIBITION OF CERTAIN INVESTIGA- sponsible for the following: the House of Representatives, and the appro- TIONS.—With respect to the information de- (A) Maintenance of all immigration statis- priate committees and subcommittees of scribed in subsection (a), the Secretary may tical information of the Bureau of Border Se- Congress on an annual basis a report on the prohibit the Inspector General from carrying curity and the Bureau of Citizenship and Im- implementation of this section, including out or completing any audit or investiga- migration Services. Such statistical infor- the use of funds appropriated to carry out tion, or from issuing any subpoena, after mation shall include information and statis- this section, and detailing any allegations of such Inspector General has decided to ini- tics of the type contained in the publication abuses described under subsection (a)(1) and tiate, carry out, or complete such audit or entitled ‘‘Statistical Yearbook of the Immi- any actions taken by the Department in re- investigation or to issue such subpoena, if gration and Naturalization Service’’ pre- sponse to such allegations. the Secretary determines that such prohibi- pared by the Immigration and Naturaliza- SEC. 706. CONSOLIDATION AND CO-LOCATION OF tion is necessary to prevent the disclosure of tion Service (as in effect immediately before OFFICES. any information described in subsection (a), the date on which the transfer of functions Not later than 1 year after the date of the to preserve the national security, or to pre- specified under section 441 takes effect), in- enactment of this Act, the Secretary shall vent a significant impairment to the inter- cluding region-by-region statistics on the ag- develop and submit to Congress a plan for ests of the United States. gregate number of applications and petitions consolidating and co-locating— (c) NOTIFICATION REQUIRED.—If the Sec- filed by an alien (or filed on behalf of an (1) any regional offices or field offices of retary exercises any power under subsection alien) and denied by such bureau, and the agencies that are transferred to the Depart- (a) or (b), the Secretary shall notify the In- reasons for such denials, disaggregated by ment under this Act, if such officers are lo- spector General of the Department in writ- category of denial and application or peti- cated in the same municipality; and ing stating the reasons for such exercise. tion type. (2) portions of regional and field offices of Within 30 days after receipt of any such no- (B) Establishment of standards of reli- other Federal agencies, to the extent such tice, the Inspector General shall transmit a ability and validity for immigration statis- offices perform functions that are trans- copy of such notice and a written response tics collected by such bureaus. ferred to the Secretary under this Act. thereto that includes— (2) TRANSFER OF FUNCTIONS.—In accordance (1) a statement as to whether the Inspector with title XV, there shall be transferred to TITLE VIII—COORDINATION WITH NON- General agrees or disagrees with such exer- the Under Secretary for Management all FEDERAL ENTITIES; INSPECTOR GEN- cise; and functions performed immediately before ERAL; UNITED STATES SECRET SERV- (2) the reasons for any disagreement, to such transfer occurs by the Statistics ICE; COAST GUARD; GENERAL PROVI- the President of the Senate and the Speaker Branch of the Office of Policy and Planning SIONS of the House of Representatives and to ap- of the Immigration and Naturalization Serv- Subtitle A—Coordination with Non-Federal propriate committees and subcommittees of ice with respect to the following programs: Entities Congress. (d) ACCESS TO INFORMATION BY CONGRESS.— (A) The Border Patrol program. SEC. 801. OFFICE FOR STATE AND LOCAL GOV- (B) The detention and removal program. ERNMENT COORDINATION. The exercise of authority by the Secretary described in subsection (b) should not be con- (C) The intelligence program. (a) ESTABLISHMENT.—There is established strued as limiting the right of Congress or (D) The investigations program. within the Office of the Secretary the Office any committee of Congress to access any in- (E) The inspections program. for State and Local Government Coordina- formation it seeks. (F) Adjudication of immigrant visa petition, to oversee and coordinate departmental (e) OVERSIGHT RESPONSIBILITY—The Inspec- tions. programs for and relationships with State tor General Act of 1978 (5 U.S.C. App.) is (G) Adjudication of naturalization peti- and local governments. tions. amended by inserting after section 8I the fol- (b) RESPONSIBILITIES.—The Office estab- lowing: (H) Adjudication of asylum and refugee ap- lished under subsection (a) shall— plications. (1) coordinate the activities of the Depart- ‘‘SPECIAL PROVISIONS CONCERNING THE (I) Adjudications performed at service cen- ment relating to State and local govern- DEPARTMENT OF HOMELAND SECURITY ters. ment; ‘‘SEC. 8J. Notwithstanding any other provi- (J) All other adjudications performed by (2) assess, and advocate for, the resources sion of law, in carrying out the duties and the Immigration and Naturalization Service. needed by State and local government to im- responsibilities specified in this Act, the In- SEC. 702. CHIEF FINANCIAL OFFICER. plement the national strategy for combating spector General of the Department of Home- The Chief Financial Officer shall report to terrorism; land Security shall have oversight responsi- the Secretary, or to another official of the (3) provide State and local government bility for the internal investigations per- Department, as the Secretary may direct. with regular information, research, and tech- formed by the Office of Internal Affairs of SEC. 703. CHIEF INFORMATION OFFICER. nical support to assist local efforts at secur- the United States Customs Service and the The Chief Information Officer shall report ing the homeland; and Office of Inspections of the United States Se- to the Secretary, or to another official of the (4) develop a process for receiving mean- cret Service. The head of each such office Department, as the Secretary may direct. ingful input from State and local govern- shall promptly report to the Inspector Gen- SEC. 704. CHIEF HUMAN CAPITAL OFFICER. ment to assist the development of the na- eral the significant activities being carried The Chief Human Capital Officer shall re- tional strategy for combating terrorism and out by such office.’’. port to the Secretary, or to another official other homeland security activities. SEC. 812. LAW ENFORCEMENT POWERS OF IN- of the Department, as the Secretary may di- SPECTOR GENERAL AGENTS. Subtitle B—Inspector General rect and shall ensure that all employees of (a) IN GENERAL.—Section 6 of the Inspector the Department are informed of their rights SEC. 811. AUTHORITY OF THE SECRETARY. General Act of 1978 (5 U.S.C. App.) is amend- and remedies under chapters 12 and 23 of (a) IN GENERAL.—Notwithstanding the last ed by adding at the end the following: title 5, United States Code, by— two sentences of section 3(a) of the Inspector ‘‘(e)(1) In addition to the authority other- (1) participating in the 2302(c) Certification General Act of 1978, the Inspector General wise provided by this Act, each Inspector Program of the Office of Special Counsel; shall be under the authority, direction, and General appointed under section 3, any As- (2) achieving certification from the Office control of the Secretary with respect to au- sistant Inspector General for Investigations of Special Counsel of the Department’s com- dits or investigations, or the issuance of sub- under such an Inspector General, and any pliance with section 2302(c) of title 5, United poenas, that require access to sensitive in- special agent supervised by such an Assist- States Code; and formation concerning— ant Inspector General may be authorized by (3) informing Congress of such certification (1) intelligence, counterintelligence, or the Attorney General to— not later than 24 months after the date of en- counterterrorism matters; ‘‘(A) carry a firearm while engaged in offi- actment of this Act. (2) ongoing criminal investigations or pro- cial duties as authorized under this Act or SEC. 705. ESTABLISHMENT OF OFFICER FOR ceedings; other statute, or as expressly authorized by CIVIL RIGHTS AND CIVIL LIBERTIES. (3) undercover operations; the Attorney General; (a) IN GENERAL.—The Secretary shall ap- (4) the identity of confidential sources, in- ‘‘(B) make an arrest without a warrant point in the Department an Officer for Civil cluding protected witnesses; while engaged in official duties as authorized Rights and Civil Liberties, who shall— (5) other matters the disclosure of which under this Act or other statute, or as ex- (1) review and assess information alleging would, in the Secretary’s judgment, con- pressly authorized by the Attorney General, abuses of civil rights, civil liberties, and ra- stitute a serious threat to the protection of for any offense against the United States cial and ethnic profiling by employees and any person or property authorized protection committed in the presence of such Inspector officials of the Department; and by section 3056 of title 18, United States General, Assistant Inspector General, or (2) make public through the Internet, Code, section 202 of title 3 of such Code, or agent, or for any felony cognizable under the radio, television, or newspaper advertise- any provision of the Presidential Protection laws of the United States if such Inspector ments information on the responsibilities Assistance Act of 1976; or General, Assistant Inspector General, or

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agent has reasonable grounds to believe that the exercise of the law enforcement powers (2) PROTOTYPE PROJECTS.—The Secretary the person to be arrested has committed or by each Office of Inspector General shall be may, under the authority of paragraph (1), is committing such felony; and reviewed periodically by another Office of In- carry out prototype projects in accordance ‘‘(C) seek and execute warrants for arrest, spector General or by a committee of Inspec- with the requirements and conditions pro- search of a premises, or seizure of evidence tors General. The results of each review shall vided for carrying out prototype projects issued under the authority of the United be communicated in writing to the applica- under section 845 of the National Defense Au- States upon probable cause to believe that a ble Inspector General and to the Attorney thorization Act for Fiscal Year 1994 (Public violation has been committed. General. Law 103–160). In applying the authorities of ‘‘(2) The Attorney General may authorize ‘‘(8) No provision of this subsection shall that section 845, subsection (c) of that sec- exercise of the powers under this subsection limit the exercise of law enforcement powers tion shall apply with respect to prototype only upon an initial determination that— established under any other statutory au- projects under this paragraph, and the Sec- ‘‘(A) the affected Office of Inspector Gen- thority, including United States Marshals retary shall perform the functions of the eral is significantly hampered in the per- Service special deputation.’’. Secretary of Defense under subsection (d) formance of responsibilities established by (b) PROMULGATION OF INITIAL GUIDELINES.— thereof. this Act as a result of the lack of such pow- (1) DEFINITION.—In this subsection, the (b) REPORT.—Not later than 2 years after term ‘‘memoranda of understanding’’ means ers; the effective date of this Act, and annually the agreements between the Department of ‘‘(B) available assistance from other law thereafter, the Comptroller General shall re- Justice and the Inspector General offices de- enforcement agencies is insufficient to meet port to the Committee on Government Re- scribed under section 6(e)(3) of the Inspector the need for such powers; and form of the House of Representatives and the General Act of 1978 (5 U.S.C. App) (as added ‘‘(C) adequate internal safeguards and Committee on Governmental Affairs of the by subsection (a) of this section) that— management procedures exist to ensure Senate on— (A) are in effect on the date of enactment proper exercise of such powers. (1) whether use of the authorities described ‘‘(3) The Inspector General offices of the of this Act; and in subsection (a) attracts nontraditional Department of Commerce, Department of (B) authorize such offices to exercise au- Government contractors and results in the Education, Department of Energy, Depart- thority that is the same or similar to the au- acquisition of needed technologies; and ment of Health and Human Services, Depart- thority under section 6(e)(1) of such Act. (2) if such authorities were to be made per- ment of Homeland Security, Department of (2) IN GENERAL.—Not later than 180 days manent, whether additional safeguards are Housing and Urban Development, Depart- after the date of enactment of this Act, the needed with respect to the use of such au- ment of the Interior, Department of Justice, Attorney General shall promulgate guide- thorities. Department of Labor, Department of State, lines under section 6(e)(4) of the Inspector Department of Transportation, Department General Act of 1978 (5 U.S.C. App) (as added (c) PROCUREMENT OF TEMPORARY AND of the Treasury, Department of Veterans Af- by subsection (a) of this section) applicable INTERMITTENT SERVICES.—The Secretary fairs, Agency for International Development, to the Inspector General offices described may— Environmental Protection Agency, Federal under section 6(e)(3) of that Act. (1) procure the temporary or intermittent Deposit Insurance Corporation, Federal (3) MINIMUM REQUIREMENTS.—The guide- services of experts or consultants (or organi- Emergency Management Agency, General lines promulgated under this subsection zations thereof) in accordance with section Services Administration, National Aero- shall include, at a minimum, the operational 3109(b) of title 5, United States Code; and nautics and Space Administration, Nuclear and training requirements in the memoranda (2) whenever necessary due to an urgent Regulatory Commission, Office of Personnel of understanding. homeland security need, procure temporary Management, Railroad Retirement Board, (4) NO LAPSE OF AUTHORITY.—The memo- (not to exceed 1 year) or intermittent per- Small Business Administration, Social Secu- randa of understanding in effect on the date sonal services, including the services of ex- rity Administration, and the Tennessee Val- of enactment of this Act shall remain in ef- perts or consultants (or organizations there- ley Authority are exempt from the require- fect until the guidelines promulgated under of), without regard to the pay limitations of ment of paragraph (2) of an initial deter- this subsection take effect. such section 3109. mination of eligibility by the Attorney Gen- (c) EFFECTIVE DATES.— (d) DEFINITION OF NONTRADITIONAL GOVERN- eral. (1) IN GENERAL.—Subsection (a) shall take MENT CONTRACTOR.—In this section, the term ‘‘(4) The Attorney General shall promul- effect 180 days after the date of enactment of ‘‘nontraditional Government contractor’’ gate, and revise as appropriate, guidelines this Act. has the same meaning as the term ‘‘non- which shall govern the exercise of the law (2) INITIAL GUIDELINES.—Subsection (b) traditional defense contractor’’ as defined in enforcement powers established under para- shall take effect on the date of enactment of section 845(e) of the National Defense Au- graph (1). this Act. thorization Act for Fiscal Year 1994 (Public ‘‘(5)(A) Powers authorized for an Office of Subtitle C—United States Secret Service Law 103–160; 10 U.S.C. 2371 note). Inspector General under paragraph (1) may SEC. 821. FUNCTIONS TRANSFERRED. be rescinded or suspended upon a determina- SEC. 832. PERSONAL SERVICES. In accordance with title XV, there shall be tion by the Attorney General that any of the transferred to the Secretary the functions, The Secretary— requirements under paragraph (2) is no personnel, assets, and obligations of the (1) may procure the temporary or intermit- longer satisfied or that the exercise of au- United States Secret Service, which shall be tent services of experts or consultants (or or- thorized powers by that Office of Inspector maintained as a distinct entity within the ganizations thereof) in accordance with sec- General has not complied with the guidelines Department, including the functions of the tion 3109 of title 5, United States Code; and promulgated by the Attorney General under Secretary of the Treasury relating thereto. (2) may, whenever necessary due to an ur- paragraph (4). gent homeland security need, procure tem- ‘‘(B) Powers authorized to be exercised by Subtitle D—Acquisitions porary (not to exceed 1 year) or intermittent any individual under paragraph (1) may be SEC. 831. RESEARCH AND DEVELOPMENT personal services, including the services of rescinded or suspended with respect to that PROJECTS. experts or consultants (or organizations individual upon a determination by the At- (a) AUTHORITY.—During the 5-year period thereof), without regard to the pay limita- torney General that such individual has not following the effective date of this Act, the tions of such section 3109. complied with guidelines promulgated by the Secretary may carry out a pilot program Attorney General under paragraph (4). under which the Secretary may exercise the SEC. 833. SPECIAL STREAMLINED ACQUISITION ‘‘(6) A determination by the Attorney Gen- following authorities: AUTHORITY. eral under paragraph (2) or (5) shall not be (1) IN GENERAL.—When the Secretary car- (a) AUTHORITY.— reviewable in or by any court. ries out basic, applied, and advanced re- (1) IN GENERAL.—The Secretary may use ‘‘(7) To ensure the proper exercise of the search and development projects, including the authorities set forth in this section with law enforcement powers authorized by this the expenditure of funds for such projects, respect to any procurement made during the subsection, the Offices of Inspector General the Secretary may exercise the same author- period beginning on the effective date of this described under paragraph (3) shall, not later ity (subject to the same limitations and con- Act and ending September 30, 2007, if the than 180 days after the date of enactment of ditions) with respect to such research and Secretary determines in writing that the this subsection, collectively enter into a projects as the Secretary of Defense may ex- mission of the Department (as described in memorandum of understanding to establish ercise under section 2371 of title 10, United section 101) would be seriously impaired an external review process for ensuring that States Code (except for subsections (b) and without the use of such authorities. adequate internal safeguards and manage- (f)), after making a determination that the (2) DELEGATION.—The authority to make ment procedures continue to exist within use of a contract, grant, or cooperative the determination described in paragraph (1) each Office and within any Office that later agreement for such project is not feasible or may not be delegated by the Secretary to an receives an authorization under paragraph appropriate. The annual report required officer of the Department who is not ap- (2). The review process shall be established in under subsection (b) of this section, as appointed by the President with the advice and consultation with the Attorney General, who plied to the Secretary by this paragraph, consent of the Senate. shall be provided with a copy of the memo- shall be submitted to the President of the (3) NOTIFICATION.—Not later than the date randum of understanding that establishes Senate and the Speaker of the House of Rep- that is 7 days after the date of any deter- the review process. Under the review process, resentatives. mination under paragraph (1), the Secretary

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10922 CONGRESSIONAL RECORD — SENATE November 13, 2002 shall submit to the Committee on Govern- tinue to apply for a procurement described in nized when compared to the total business ment Reform of the House of Representa- subsection (a). activities of such expanded affiliated group. tives and the Committee on Governmental (e) REPORT.—Not later than 180 days after (c) DEFINITIONS AND SPECIAL RULES.— Affairs of the Senate— the end of fiscal year 2005, the Comptroller (1) RULES FOR APPLICATION OF SUBSECTION (A) notification of such determination; and General shall submit to the Committee on (b).—In applying subsection (b) for purposes (B) the justification for such determina- Governmental Affairs of the Senate and the of subsection (a), the following rules shall tion. Committee on Government Reform of the apply: (b) INCREASED MICRO-PURCHASE THRESHOLD House of Representatives a report on the use (A) CERTAIN STOCK DISREGARDED.—There FOR CERTAIN PROCUREMENTS.— of the authorities provided in this section. shall not be taken into account in deter- (1) IN GENERAL.—The Secretary may des- The report shall contain the following: mining ownership for purposes of subsection ignate certain employees of the Department (1) An assessment of the extent to which (b)(2)— to make procurements described in sub- property and services acquired using au- (i) stock held by members of the expanded section (a) for which in the administration of thorities provided under this section contrib- affiliated group which includes the foreign section 32 of the Office of Federal Procure- uted to the capacity of the Federal work- incorporated entity; or ment Policy Act (41 U.S.C. 428) the amount force to facilitate the mission of the Depart- (ii) stock of such entity which is sold in a specified in subsections (c), (d), and (f) of ment as described in section 101. public offering related to the acquisition de- such section 32 shall be deemed to be $7,500. (2) An assessment of the extent to which scribed in subsection (b)(1). (2) NUMBER OF EMPLOYEES.—The number of prices for property and services acquired (B) PLAN DEEMED IN CERTAIN CASES.—If a employees designated under paragraph (1) using authorities provided under this section foreign incorporated entity acquires directly shall be— reflected the best value. or indirectly substantially all of the prop- (A) fewer than the number of employees of (3) The number of employees designated by erties of a domestic corporation or partner- the Department who are authorized to make each executive agency under subsection ship during the 4-year period beginning on purchases without obtaining competitive (b)(1). the date which is after the date of enactment quotations, pursuant to section 32(c) of the (4) An assessment of the extent to which of this Act and which is 2 years before the Office of Federal Procurement Policy Act (41 the Department has implemented sub- ownership requirements of subsection (b)(2) U.S.C. 428(c)); sections (b)(2) and (b)(3) to monitor the use are met, such actions shall be treated as pur- (B) sufficient to ensure the geographic dis- of procurement authority by employees des- suant to a plan. persal of the availability of the use of the ignated under subsection (b)(1). (C) CERTAIN TRANSFERS DISREGARDED.—The procurement authority under such paragraph (5) Any recommendations of the Comp- transfer of properties or liabilities (including at locations reasonably considered to be po- troller General for improving the effective- by contribution or distribution) shall be dis- tential terrorist targets; and ness of the implementation of the provisions regarded if such transfers are part of a plan (C) sufficiently limited to allow for the of this section. a principal purpose of which is to avoid the careful monitoring of employees designated purposes of this section. under such paragraph. SEC. 834. UNSOLICITED PROPOSALS. (D) SPECIAL RULE FOR RELATED PARTNER- (3) REVIEW.—Procurements made under the (a) REGULATIONS REQUIRED.—Within 1 year SHIPS.—For purposes of applying subsection authority of this subsection shall be subject of the date of enactment of this Act, the (b) to the acquisition of a domestic partner- to review by a designated supervisor on not Federal Acquisition Regulation shall be re- ship, except as provided in regulations, all less than a monthly basis. The supervisor revised to include regulations with regard to domestic partnerships which are under com- sponsible for the review shall be responsible unsolicited proposals. mon control (within the meaning of section for no more than 7 employees making pro- (b) CONTENT OF REGULATIONS.—The regula- 482 of the Internal Revenue Code of 1986) curements under this subsection. tions prescribed under subsection (a) shall shall be treated as I partnership. (c) SIMPLIFIED ACQUISITION PROCEDURES.— require that before initiating a comprehen- (E) TREATMENT OF CERTAIN RIGHTS.—The (1) IN GENERAL.—With respect to a procure- sive evaluation, an agency contact point ment described in subsection (a), the Sec- shall consider, among other factors, that the Secretary shall prescribe such regulations as retary may deem the simplified acquisition proposal— may be necessary to— threshold referred to in section 4(11) of the (1) is not submitted in response to a pre- (i) treat warrants, options, contracts to ac- Office of Federal Procurement Policy Act (41 viously published agency requirement; and quire stock, convertible debt instruments, U.S.C. 403(11)) to be— (2) contains technical and cost information and other similar interests as stock; and (A) in the case of a contract to be awarded for evaluation and overall scientific, tech- (ii) treat stock as not stock. and performed, or purchase to be made, with- nical or socioeconomic merit, or cost-related (2) EXPANDED AFFILIATED GROUP.—The term in the United States, $200,000; and or price-related factors. ‘‘expanded affiliated group’’ means an affiliated group as defined in section 1504(a) of the (B) in the case of a contract to be awarded SEC. 835. PROHIBITION ON CONTRACTS WITH and performed, or purchase to be made, out- CORPORATE EXPATRIATES. Internal Revenue Code of 1986 (without reside of the United States, $300,000. (a) IN GENERAL.—The Secretary may not gard to section 1504(b) of such Code), except that section 1504 of such Code shall be ap- (2) CONFORMING AMENDMENTS.—Section enter into any contract with a foreign incor- 18(c)(1) of the Office of Federal Procurement porated entity which is treated as an in- plied by substituting ‘‘more than 50 percent’’ Policy Act is amended— verted domestic corporation under sub- for ‘‘at least 80 percent’’ each place it ap- (A) by striking ‘‘or’’ at the end of subpara- section (b). pears. graph (F); (b) INVERTED DOMESTIC CORPORATION.—For (3) FOREIGN INCORPORATED ENTITY.—The (B) by striking the period at the end of purposes of this section, a foreign incor- term ‘‘foreign incorporated entity’’ means subparagraph (G) and inserting ‘‘; or’’; and porated entity shall be treated as an in- any entity which is, or but for subsection (b) (C) by adding at the end the following: verted domestic corporation if, pursuant to a would be, treated as a foreign corporation for ‘‘(H) the procurement is by the Secretary plan (or a series of related transactions)— purposes of the Internal Revenue Code of of Homeland Security pursuant to the spe- (1) the entity completes after the date of 1986. cial procedures provided in section 833(c) of enactment of this Act, the direct or indirect (4) OTHER DEFINITIONS.—The terms ‘‘per- the Homeland Security Act of 2002.’’. acquisition of substantially all of the prop- son’’, ‘‘domestic’’, and ‘‘foreign’’ have the (d) APPLICATION OF CERTAIN COMMERCIAL erties held directly or indirectly by a domes- meanings given such terms by paragraphs ITEMS AUTHORITIES.— tic corporation or substantially all of the (1), (4), and (5) of section 7701 (a) of the Inter- (1) IN GENERAL.—With respect to a procure- properties constituting a trade or business of nal Revenue Code of 1986, respectively. ment described in subsection (a), the Sec- a domestic partnership; (d) WAIVERS.—The Secretary shall waive retary may deem any item or service to be a (2) after the acquisition at least 80 percent subsection (a) with respect to any specific commercial item for the purpose of Federal of the stock (by vote or value) of the entity contract if the Secretary determines that procurement laws. is held— the waiver is required in the interest of (2) LIMITATION.—The $5,000,000 limitation (A) in the case of an acquisition with re- homeland security, or to prevent the loss of provided in section 31(a)(2) of the Office of spect to a domestic corporation, by former any jobs in the United States or prevent the Federal Procurement Policy Act (41 U.S.C. shareholders of the domestic corporation by Government from incurring any additional 427(a)(2)) and section 303(g)(1)(B) of the Fed- reason of holding stock in the domestic cor- costs that otherwise would not occur. eral Property and Administrative Services poration; or Subtitle E—Human Resources Management Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall be (B) in the case of an acquisition with re- SEC. 841. ESTABLISHMENT OF HUMAN RE- deemed to be $7,500,000 for purposes of prop- spect to a domestic partnership, by former SOURCES MANAGEMENT SYSTEM. erty or services under the authority of this partners of the domestic partnership by rea- (a) AUTHORITY.— subsection. son of holding a capital or profits interest in (1) SENSE OF CONGRESS.—It is the sense of (3) CERTAIN AUTHORITY.—Authority under a the domestic partnership; and Congress that— provision of law referred to in paragraph (2) (3) the expanded affiliated group which (A) it is extremely important that employ- that expires under section 4202(e) of the after the acquisition includes the entity does ees of the Department be allowed to partici- Clinger-Cohen Act of 1996 (divisions D and E not have substantial business activities in pate in a meaningful way in the creation of of Public Law 104–106; 10 U.S.C. 2304 note) the foreign country in which or under the any human resources management system shall, notwithstanding such section, con- law of which the entity is created or orga- affecting them;

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10923 (B) such employees have the most direct ‘‘(A) an Executive Schedule position under sultation and mediation is unlikely to knowledge of the demands of their jobs and subchapter II of chapter 53 of title 5, United produce agreement, the Secretary may im- have a direct interest in ensuring that their States Code; or plement any or all of such parts, including human resources management system is con- ‘‘(B) a position for which the rate of basic any modifications made in response to the ducive to achieving optimal operational effi- pay is fixed in statute by reference to a sec- recommendations as the Secretary deter- ciencies; tion or level under subchapter II of chapter mines advisable. (C) the 21st century human resources man- 53 of such title 5; ‘‘(iii) The Secretary shall promptly notify agement system envisioned for the Depart- ‘‘(2) to fix pay for any employee or position Congress of the implementation of any part ment should be one that benefits from the at an annual rate greater than the maximum of the proposal and shall furnish with such input of its employees; and amount of cash compensation allowable notice an explanation of the proposal, any (D) this collaborative effort will help se- under section 5307 of such title 5 in a year; or changes made to the proposal as a result of cure our homeland. ‘‘(3) to exempt any employee from the ap- recommendations from employee representa- (2) IN GENERAL.—Subpart I of part III of plication of such section 5307. tives, and of the reasons why implementa- title 5, United States Code, is amended by ‘‘(e) PROVISIONS TO ENSURE COLLABORATION tion is appropriate under this subparagraph. adding at the end the following: WITH EMPLOYEE REPRESENTATIVES.— ‘‘(D) CONTINUING COLLABORATION.—If a pro- ‘‘(1) IN GENERAL.—In order to ensure that posal described in subparagraph (A) is imple- ‘‘CHAPTER 97—DEPARTMENT OF the authority of this section is exercised in mented, the Secretary and the Director HOMELAND SECURITY collaboration with, and in a manner that en- shall— ‘‘Sec. sures the participation of employee rep- ‘‘(i) develop a method for each employee ‘‘9701. Establishment of human resources resentatives in the planning, development, representative to participate in any further management system. and implementation of any human resources planning or development which might be- ‘‘§ 9701. Establishment of human resources management system or adjustments to such come necessary; and management system system under this section, the Secretary of ‘‘(ii) give each employee representative Homeland Security and the Director of the adequate access to information to make that ‘‘(a) IN GENERAL.—Notwithstanding any Office of Personnel Management shall pro- participation productive. other provision of this part, the Secretary of vide for the following: ‘‘(2) PROCEDURES.—Any procedures nec- Homeland Security may, in regulations pre- ‘‘(A) NOTICE OF PROPOSAL.—The Secretary essary to carry out this subsection shall be scribed jointly with the Director of the Of- and the Director shall, with respect to any established by the Secretary and the Direc- fice of Personnel Management, establish, and proposed system or adjustment— tor jointly as internal rules of departmental from time to time adjust, a human resources ‘‘(i) provide to each employee representa- procedure which shall not be subject to re- management system for some or all of the tive representing any employees who might view. Such procedures shall include meas- organizational units of the Department of be affected, a written description of the pro- ures to ensure— Homeland Security. posed system or adjustment (including the ‘‘(A) in the case of employees within a unit ‘‘(b) SYSTEM REQUIREMENTS.—Any system reasons why it is considered necessary); with respect to which a labor organization is established under subsection (a) shall— ‘‘(ii) give each representative 30 calendar accorded exclusive recognition, representa- ‘‘(1) be flexible; days (unless extraordinary circumstances re- tion by individuals designated or from ‘‘(2) be contemporary; quire earlier action) to review and make rec- among individuals nominated by such orga- ‘‘(3) not waive, modify, or otherwise af- ommendations with respect to the proposal; nization; fect— and ‘‘(B) in the case of any employees who are ‘‘(A) the public employment principles of ‘‘(iii) give any recommendations received not within such a unit, representation by merit and fitness set forth in section 2301, in- from any such representatives under clause any appropriate organization which rep- cluding the principles of hiring based on (ii) full and fair consideration in deciding resents a substantial percentage of those em- merit, fair treatment without regard to po- whether or how to proceed with the proposal. ployees or, if none, in such other manner as litical affiliation or other nonmerit consider- ‘‘(B) PRE-IMPLEMENTATION CONGRESSIONAL may be appropriate, consistent with the pur- ations, equal pay for equal work, and protec- NOTIFICATION, CONSULTATION, AND MEDI- poses of the subsection; tion of employees against reprisal for whis- ATION.—Following receipt of recommenda- ‘‘(C) the fair and expeditious handling of tleblowing; tions, if any, from employee representatives the consultation and mediation process de- ‘‘(B) any provision of section 2302, relating with respect to a proposal described in sub- scribed in subparagraph (B) of paragraph (1), to prohibited personnel practices; paragraph (A), the Secretary and the Direc- including procedures by which, if the number ‘‘(C)(i) any provision of law referred to in tor shall accept such modifications to the of employee representatives providing rec- section 2302(b)(1), (8), and (9); or proposal in response to the recommendations ommendations exceeds 5, such representa- ‘‘(ii) any provision of law implementing as they determine advisable and shall, with tives select a committee or other unified any provision of law referred to in section respect to any parts of the proposal as to representative with which the Secretary and 2302(b)(1), (8), and (9) by— which they have not accepted the rec- Director may meet and confer; and ‘‘(I) providing for equal employment oppor- ommendations— ‘‘(D) the selection of representatives in a tunity through affirmative action; or ‘‘(i) notify Congress of those parts of the manner consistent with the relative number ‘‘(II) providing any right or remedy avail- proposal, together with the recommenda- of employees represented by the organiza- able to any employee or applicant for em- tions of employee representatives; tions or other representatives involved. ployment in the civil service; ‘‘(ii) meet and confer for not less than 30 ‘‘(f) PROVISIONS RELATING TO APPELLATE ‘‘(D) any other provision of this part (as calendar days with any representatives who PROCEDURES.— described in subsection (c)); or have made recommendations, in order to at- (1) SENSE OF CONGRESS.—It is the sense of ‘‘(E) any rule or regulation prescribed tempt to reach agreement on whether or how Congress that— under any provision of law referred to in any to proceed with those parts of the proposal; ‘‘(A) employees of the Department are en- of the preceding subparagraphs of this para- and titled to fair treatment in any appeals that graph; ‘‘(iii) at the Secretary’s option, or if re- they bring in decisions relating to their em- ‘‘(4) ensure that employees may organize, quested by a majority of the employee rep- ployment; and bargain collectively, and participate through resentatives who have made recommenda- ‘‘(B) in prescribing regulations for any labor organizations of their own choosing in tions, use the services of the Federal Medi- such appeals procedures, the Secretary and decisions which affect them, subject to any ation and Conciliation Service during such the Director of the Office of Personnel Man- exclusion from coverage or limitation on ne- meet and confer period to facilitate the proc- agement— gotiability established by law; and ess of attempting to reach agreement. ‘‘(i) should ensure that employees of the ‘‘(5) permit the use of a category rating ‘‘(C) IMPLEMENTATION.— Department are afforded the protections of system for evaluating applicants for posi- ‘‘(i) Any part of the proposal as to which due process; and tions in the competitive service. the representatives do not make a rec- ‘‘(ii) toward that end, should be required to ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The ommendation, or as to which their rec- consult with the Merit Systems Protection other provisions of this part as referred to in ommendations are accepted by the Secretary Board before issuing any such regulations. subsection (b)(3)(D), are (to the extent not and the Director, may be implemented im- ‘‘(2) REQUIREMENTS.—Any regulations otherwise specified in subparagraph (A), (B), mediately. under this section which relate to any mat- (C), or (D) of subsection (b)(3))— ‘‘(ii) With respect to any parts of the pro- ters within the purview of chapter 77— ‘‘(1) subparts A, B, E, G, and H of this part; posal as to which recommendations have ‘‘(A) shall be issued only after consultation and been made but not accepted by the Secretary with the Merit Systems Protection Board; ‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and and the Director, at any time after 30 cal- ‘‘(B) shall ensure the availability of proce- 79, and this chapter. endar days have elapsed since the initiation dures which shall— ‘‘(d) LIMITATIONS RELATING TO PAY.—Noth- of the congressional notification, consulta- ‘‘(i) be consistent with requirements of due ing in this section shall constitute author- tion, and mediation procedures set forth in process; and ity— subparagraph (B), if the Secretary deter- ‘‘(ii) provide, to the maximum extent prac- ‘‘(1) to modify the pay of any employee mines, in the Secretary’s sole and ticable, for the expeditious handling of any who serves in— unreviewable discretion, that further con- matters involving the Department; and

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‘‘(C) shall modify procedures under chapter (b) PROVISIONS RELATING TO BARGAINING SEC. 853. INCREASED SIMPLIFIED ACQUISITION 77 only insofar as such modifications are de- UNITS.— THRESHOLD FOR PROCUREMENTS signed to further the fair, efficient, and expe- (1) LIMITATION RELATING TO APPROPRIATE IN SUPPORT OF HUMANITARIAN OR PEACEKEEPING OPERATIONS OR ditious resolution of matters involving the UNITS.—Each unit which is recognized as an CONTINGENCY OPERATIONS. employees of the Department. appropriate unit for purposes of chapter 71 of (a) TEMPORARY THRESHOLD AMOUNTS.—For ‘‘(g) PROVISIONS RELATING TO LABOR-MAN- title 5, United States Code, as of the day be- a procurement referred to in section 852 that AGEMENT RELATIONS.—Nothing in this sec- fore the effective date of this Act (and any is carried out in support of a humanitarian tion shall be construed as conferring author- subdivision of any such unit) shall, if such or peacekeeping operation or a contingency ity on the Secretary of Homeland Security unit (or subdivision) is transferred to the De- operation, the simplified acquisition thresh- to modify any of the provisions of section 842 partment pursuant to this Act, continue to old definitions shall be applied as if the of the Homeland Security Act of 2002. be so recognized for such purposes, unless— amount determined under the exception pro- ‘‘(h) SUNSET PROVISION.—Effective 5 years (A) the mission and responsibilities of such vided for such an operation in those defini- after the conclusion of the transition period unit (or subdivision) materially change; and tions were— defined under section 1501 of the Homeland (B) a majority of the employees within (1) in the case of a contract to be awarded Security Act of 2002, all authority to issue such unit (or subdivision) have as their pri- regulations under this section (including reg- and performed, or purchase to be made, in- mary duty intelligence, counterintelligence, ulations which would modify, supersede, or side the United States, $200,000; or or investigative work directly related to ter- terminate any regulations previously issued (2) in the case of a contract to be awarded rorism investigation. under this section) shall cease to be avail- and performed, or purchase to be made, out- (2) LIMITATION RELATING TO POSITIONS OR able.’’. side the United States, $300,000. EMPLOYEES.—No position or employee within (3) TECHNICAL AND CONFORMING AMEND- (b) SIMPLIFIED ACQUISITION THRESHOLD a unit (or subdivision of a unit) as to which MENT.—The table of chapters for part III of DEFINITIONS.—In this section, the term ‘‘sim- title 5, United States Code, is amended by continued recognition is given in accordance plified acquisition threshold definitions’’ adding at the end of the following: with paragraph (1) shall be excluded from means the following: such unit (or subdivision), for purposes of (1) Section 4(11) of the Office of Federal ‘‘97. Department of Homeland Secu- chapter 71 of such title 5, unless the primary ...... Procurement Policy Act (41 U.S.C. 403(11)). rity 9701’’. job duty of such position or employee— (b) EFFECT ON PERSONNEL.— (2) Section 309(d) of the Federal Property (A) materially changes; and (1) NONSEPARATION OR NONREDUCTION IN and Administrative Services Act of 1949 (41 (B) consists of intelligence, counterintel- GRADE OR COMPENSATION OF FULL-TIME PER- U.S.C. 259(d)). ligence, or investigative work directly re- SONNEL AND PART-TIME PERSONNEL HOLDING (3) Section 2302(7) of title 10, United States lated to terrorism investigation. PERMANENT POSITIONS.—Except as otherwise Code. provided in this Act, the transfer under this In the case of any positions within a unit (or (c) SMALL BUSINESS RESERVE.—For a pro- Act of full-time personnel (except special subdivision) which are first established on or curement carried out pursuant to subsection Government employees) and part-time per- after the effective date of this Act and any (a), section 15(j) of the Small Business Act sonnel holding permanent positions shall not employees first appointed on or after such (15 U.S.C. 644(j)) shall be applied as if the cause any such employee to be separated or date, the preceding sentence shall be applied maximum anticipated value identified there- reduced in grade or compensation for 1 year disregarding subparagraph (A). in is equal to the amounts referred to in sub- after the date of transfer to the Department. (c) WAIVER.—If the President determines section (a). (2) POSITIONS COMPENSATED IN ACCORDANCE that the application of subsections (a), (b), SEC. 854. INCREASED MICRO-PURCHASE THRESH- WITH EXECUTIVE SCHEDULE.—Any person who, and (d) would have a substantial adverse im- OLD FOR CERTAIN PROCUREMENTS. on the day preceding such person’s date of pact on the ability of the Department to pro- In the administration of section 32 of the transfer pursuant to this Act, held a position tect homeland security, the President may Office of Federal Procurement Policy Act (41 compensated in accordance with the Execu- waive the application of such subsections 10 U.S.C. 428) with respect to a procurement re- tive Schedule prescribed in chapter 53 of days after the President has submitted to ferred to in section 852, the amount specified title 5, United States Code, and who, without Congress a written explanation of the rea- in subsections (c), (d), and (f) of such section sons for such determination. a break in service, is appointed in the De- 32 shall be deemed to be $7,500. (d) COORDINATION RULE.—No other provi- partment to a position having duties com- SEC. 855. APPLICATION OF CERTAIN COMMER- parable to the duties performed immediately sion of this Act or of any amendment made by this Act may be construed or applied in a CIAL ITEMS AUTHORITIES TO CER- preceding such appointment shall continue TAIN PROCUREMENTS. manner so as to limit, supersede, or other- to be compensated in such new position at (a) AUTHORITY.— wise affect the provisions of this section, ex- not less than the rate provided for such posi- (1) IN GENERAL.—The head of an executive cept to the extent that it does so by specific tion, for the duration of the service of such agency may apply the provisions of law list- reference to this section. person in such new position. (e) RULE OF CONSTRUCTION.—Nothing in sec- ed in paragraph (2) to a procurement referred (3) COORDINATION RULE.—Any exercise of tion 9701(e) of title 5, United States Code, to in section 852 without regard to whether authority under chapter 97 of title 5, United shall be considered to apply with respect to the property or services are commercial States Code (as amended by subsection (a)), any agency or subdivision of any agency, items. including under any system established which is excluded from the coverage of chap- (2) COMMERCIAL ITEM LAWS.—The provisions under such chapter, shall be in conformance ter 71 of title 5, United States Code, by vir- of law referred to in paragraph (1) are as fol- with the requirements of this subsection. tue of an order issued in accordance with lows: SEC. 842. LABOR-MANAGEMENT RELATIONS. section 7103(b) of such title and the preceding (A) Sections 31 and 34 of the Office of Fed- (a) LIMITATION ON EXCLUSIONARY AUTHOR- provisions of this section (as applicable), or eral Procurement Policy Act (41 U.S.C. 427, ITY.— to any employees of any such agency or sub- 430). (1) IN GENERAL.—No agency or subdivision division or to any individual or entity rep- (B) Section 2304(g) of title 10, United States of an agency which is transferred to the De- resenting any such employees or any rep- Code. partment pursuant to this Act shall be ex- resentatives thereof. (C) Section 303(g) of the Federal Property cluded from the coverage of chapter 71 of Subtitle F—Federal Emergency Procurement and Administrative Services Act of 1949 (41 title 5, United States Code, as a result of any Flexibility U.S.C. 253(g)). order issued under section 7103(b)(1) of such (b) INAPPLICABILITY OF LIMITATION ON USE SEC. 851. DEFINITION. title 5 after June 18, 2002, unless— OF SIMPLIFIED ACQUISITION PROCEDURES.— In this subtitle, the term ‘‘executive agen- (A) the mission and responsibilities of the (1) IN GENERAL.—The $5,000,000 limitation agency (or subdivision) materially change; cy’’ has the meaning given that term under provided in section 31(a)(2) of the Office of section 4(1) of the Office of Federal Procure- and Federal Procurement Policy Act (41 U.S.C. ment Policy Act (41 U.S.C. 403(1)). (B) a majority of the employees within 427(a)(2)), section 2304(g)(1)(B) of title 10, such agency (or subdivision) have as their SEC. 852. PROCUREMENTS FOR DEFENSE United States Code, and section 303(g)(1)(B) AGAINST OR RECOVERY FROM TER- primary duty intelligence, counterintel- RORISM OR NUCLEAR, BIOLOGICAL, of the Federal Property and Administrative ligence, or investigative work directly re- CHEMICAL, OR RADIOLOGICAL AT- Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) lated to terrorism investigation. TACK. shall not apply to purchases of property or (2) EXCLUSIONS ALLOWABLE.—Nothing in The authorities provided in this subtitle services to which any of the provisions of paragraph (1) shall affect the effectiveness of apply to any procurement of property or law referred to in subsection (a) are applied any order to the extent that such order ex- services by or for an executive agency that, under the authority of this section. cludes any portion of an agency or subdivi- as determined by the head of the executive (2) OMB GUIDANCE.—The Director of the Of- sion of an agency as to which— agency, are to be used to facilitate defense fice of Management and Budget shall issue (A) recognition as an appropriate unit has against or recovery from terrorism or nu- guidance and procedures for the use of sim- never been conferred for purposes of chapter clear, biological, chemical, or radiological plified acquisition procedures for a purchase 71 of such title 5; or attack, but only if a solicitation of offers for of property or services in excess of $5,000,000 (B) any such recognition has been revoked the procurement is issued during the 1-year under the authority of this section. or otherwise terminated as a result of a de- period beginning on the date of the enact- (c) CONTINUATION OF AUTHORITY FOR SIM- termination under subsection (b)(1). ment of this Act. PLIFIED PURCHASE PROCEDURES.—Authority

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10925 under a provision of law referred to in sub- mental Affairs of the Senate and the Com- decision in any such action shall be derived section (a)(2) that expires under section mittee on Government Reform of the House from the law, including choice of law prin- 4202(e) of the Clinger-Cohen Act of 1996 (divi- of Representatives on the specific issues and ciples, of the State in which such acts of ter- sions D and E of Public Law 104–106; 10 U.S.C. topics to be reviewed. The extent of coverage rorism occurred, unless such law is incon- 2304 note) shall, notwithstanding such sec- needed in areas such as technology integra- sistent with or preempted by Federal law. tion, continue to apply for use by the head of tion, employee training, and human capital Such Federal cause of action shall be an executive agency as provided in sub- management, as well as the data require- brought only for claims for injuries that are sections (a) and (b). ments of the study, shall be included as part proximately caused by sellers that provide SEC. 856. USE OF STREAMLINED PROCEDURES. of the consultation. qualified anti-terrorism technology to Fed- (a) REQUIRED USE.—The head of an execu- SEC. 858. IDENTIFICATION OF NEW ENTRANTS eral and non-Federal government customers. tive agency shall, when appropriate, use INTO THE FEDERAL MARKETPLACE. (2) JURISDICTION.—Such appropriate dis- streamlined acquisition authorities and pro- The head of each executive agency shall trict court of the United States shall have cedures authorized by law for a procurement conduct market research on an ongoing basis original and exclusive jurisdiction over all referred to in section 852, including authori- to identify effectively the capabilities, in- actions for any claim for loss of property, ties and procedures that are provided under cluding the capabilities of small businesses personal injury, or death arising out of, re- the following provisions of law: and new entrants into Federal contracting, lating to, or resulting from an act of terrorism when qualified anti-terrorism tech- (1) FEDERAL PROPERTY AND ADMINISTRATIVE that are available in the marketplace for nologies have been deployed in defense SERVICES ACT OF 1949.—In title III of the Fed- meeting the requirements of the executive eral Property and Administrative Services agency in furtherance of defense against or against or response or recovery from such Act of 1949: recovery from terrorism or nuclear, biologi- act and such claims result or may result in loss to the Seller. (A) Paragraphs (1), (2), (6), and (7) of sub- cal, chemical, or radiological attack. The (b) SPECIAL RULES.—In an action brought head of the executive agency shall, to the section (c) of section 303 (41 U.S.C. 253), relat- under this section for damages the following maximum extent practicable, take advan- ing to use of procedures other than competi- provisions apply: tive procedures under certain circumstances tage of commercially available market re- (1) PUNITIVE DAMAGES.—No punitive dam- search methods, including use of commercial (subject to subsection (e) of such section). ages intended to punish or deter, exemplary databases, to carry out the research. (B) Section 303J (41 U.S.C. 253j), relating to damages, or other damages not intended to orders under task and delivery order con- Subtitle G—Support Anti-terrorism by compensate a plaintiff for actual losses may tracts. Fostering Effective Technologies Act of 2002 be awarded, nor shall any party be liable for (2) TITLE 10, UNITED STATES CODE.—In chap- SEC. 861. SHORT TITLE. interest prior to the judgment. ter 137 of title 10, United States Code: This subtitle may be cited as the ‘‘Support (2) NONECONOMIC DAMAGES.— (A) Paragraphs (1), (2), (6), and (7) of sub- Anti-terrorism by Fostering Effective Tech- (A) IN GENERAL.—Noneconomic damages section (c) of section 2304, relating to use of nologies Act of 2002’’ or the ‘‘SAFETY Act’’. may be awarded against a defendant only in procedures other than competitive proce- SEC. 862. ADMINISTRATION. an amount directly proportional to the per- dures under certain circumstances (subject centage of responsibility of such defendant (a) IN GENERAL.—The Secretary shall be re- to subsection (e) of such section). for the harm to the plaintiff, and no plaintiff (B) Section 2304c, relating to orders under sponsible for the administration of this subtitle. may recover noneconomic damages unless task and delivery order contracts. the plaintiff suffered physical harm. (3) OFFICE OF FEDERAL PROCUREMENT POLICY (b) DESIGNATION OF QUALIFIED ANTI-TER- (B) DEFINITION.—For purposes of subpara- RORISM TECHNOLOGIES.—The Secretary may ACT.—Paragraphs (1)(B), (1)(D), and (2) of sec- graph (A), the term ‘‘noneconomic damages’’ tion 18(c) of the Office of Federal Procure- designate anti-terrorism technologies that qualify for protection under the system of means damages for losses for physical and ment Policy Act (41 U.S.C. 416(c)), relating to emotional pain, suffering, inconvenience, inapplicability of a requirement for procure- risk management set forth in this subtitle in accordance with criteria that shall include, physical impairment, mental anguish, dis- ment notice. figurement, loss of enjoyment of life, loss of (b) WAIVER OF CERTAIN SMALL BUSINESS but not be limited to, the following: (1) Prior United States government use or society and companionship, loss of consor- THRESHOLD REQUIREMENTS.—Subclause (II) of tium, hedonic damages, injury to reputation, section 8(a)(1)(D)(i) of the Small Business demonstrated substantial utility and effectiveness. and any other nonpecuniary losses. Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) (c) COLLATERAL SOURCES.—Any recovery by (2) Availability of the technology for im- of section 31(b)(2)(A) of such Act (15 U.S.C. a plaintiff in an action under this section mediate deployment in public and private 657a(b)(2)(A)) shall not apply in the use of shall be reduced by the amount of collateral streamlined acquisition authorities and pro- settings. source compensation, if any, that the plain- cedures referred to in paragraphs (1)(A) and (3) Existence of extraordinarily large or ex- tiff has received or is entitled to receive as a (2)(A) of subsection (a) for a procurement re- traordinarily unquantifiable potential third result of such acts of terrorism that result or ferred to in section 852. party liability risk exposure to the Seller or may result in loss to the Seller. SEC. 857. REVIEW AND REPORT BY COMP- other provider of such anti-terrorism tech- (d) GOVERNMENT CONTRACTOR DEFENSE.— TROLLER GENERAL. nology. (1) IN GENERAL.—Should a product liability (a) REQUIREMENTS.—Not later than March (4) Substantial likelihood that such anti- or other lawsuit be filed for claims arising 31, 2004, the Comptroller General shall— terrorism technology will not be deployed out of, relating to, or resulting from an act (1) complete a review of the extent to unless protections under the system of risk of terrorism when qualified anti-terrorism which procurements of property and services management provided under this subtitle are technologies approved by the Secretary, as have been made in accordance with this sub- extended. provided in paragraphs (2) and (3) of this subtitle; and (5) Magnitude of risk exposure to the pub- section, have been deployed in defense (2) submit a report on the results of the re- lic if such anti-terrorism technology is not against or response or recovery from such view to the Committee on Governmental Af- deployed. act and such claims result or may result in fairs of the Senate and the Committee on (6) Evaluation of all scientific studies that loss to the Seller, there shall be a rebuttable Government Reform of the House of Rep- can be feasibly conducted in order to assess presumption that the government contractor resentatives. the capability of the technology to substan- defense applies in such lawsuit. This pre- (b) CONTENT OF REPORT.—The report under tially reduce risks of harm. sumption shall only be overcome by evidence subsection (a)(2) shall include the following (7) Anti-terrorism technology that would showing that the Seller acted fraudulently matters: be effective in facilitating the defense or with willful misconduct in submitting in- (1) ASSESSMENT.—The Comptroller Gen- against acts of terrorism, including tech- formation to the Secretary during the course eral’s assessment of— nologies that prevent, defeat or respond to of the Secretary’s consideration of such (A) the extent to which property and serv- such acts. technology under this subsection. This pre- ices procured in accordance with this title (c) REGULATIONS.—The Secretary may sumption of the government contractor de- have contributed to the capacity of the issue such regulations, after notice and com- fense shall apply regardless of whether the workforce of Federal Government employees ment in accordance with section 553 of title claim against the Seller arises from a sale of within each executive agency to carry out 5, United States, Code, as may be necessary the product to Federal Government or non- the mission of the executive agency; and to carry out this subtitle. Federal Government customers. (B) the extent to which Federal Govern- SEC. 863. LITIGATION MANAGEMENT. (2) EXCLUSIVE RESPONSIBILITY.—The Sec- ment employees have been trained on the use (a) FEDERAL CAUSE OF ACTION.— retary will be exclusively responsible for the of technology. (1) IN GENERAL.—There shall exist a Fed- review and approval of anti-terrorism tech- (2) RECOMMENDATIONS.—Any recommenda- eral cause of action for claims arising out of, nology for purposes of establishing a govern- tions of the Comptroller General resulting relating to, or resulting from an act of ter- ment contractor defense in any product li- from the assessment described in paragraph rorism when qualified anti-terrorism tech- ability lawsuit for claims arising out of, re- (1). nologies have been deployed in defense lating to, or resulting from an act of ter- (c) CONSULTATION.—In preparing for the re- against or response or recovery from such rorism when qualified anti-terrorism tech- view under subsection (a)(1), the Comptroller act and such claims result or may result in nologies approved by the Secretary, as pro- shall consult with the Committee on Govern- loss to the Seller. The substantive law for vided in this paragraph and paragraph (3),

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10926 CONGRESSIONAL RECORD — SENATE November 13, 2002 have been deployed in defense against or re- anti-terrorism technologies have been de- State and local authorities and commercial sponse or recovery from such act and such ployed in defense against or response or re- entities. claims result or may result in loss to the covery from such act. Subtitle H—Miscellaneous Provisions Seller. Upon the Seller’s submission to the (c) EXTENT OF LIABILITY.—Notwithstanding SEC. 871. ADVISORY COMMITTEES. Secretary for approval of anti-terrorism any other provision of law, liability for all (a) IN GENERAL.—The Secretary may estab- technology, the Secretary will conduct a claims against a Seller arising out of, relat- lish, appoint members of, and use the serv- comprehensive review of the design of such ing to, or resulting from an act of terrorism ices of, advisory committees, as the Sec- technology and determine whether it will when qualified anti-terrorism technologies retary may deem necessary. An advisory perform as intended, conforms to the Seller’s have been deployed in defense against or re- committee established under this section specifications, and is safe for use as in- sponse or recovery from such act and such may be exempted by the Secretary from Pub- tended. The Seller will conduct safety and claims result or may result in loss to the lic Law 92–463, but the Secretary shall pub- hazard analyses on such technology and will Seller, whether for compensatory or punitive lish notice in the Federal Register announc- supply the Secretary with all such informa- damages or for contribution or indemnity, ing the establishment of such a committee tion. shall not be in an amount greater than the and identifying its purpose and membership. (3) CERTIFICATE.—For anti-terrorism tech- limits of liability insurance coverage re- Notwithstanding the preceding sentence, nology reviewed and approved by the Sec- quired to be maintained by the Seller under members of an advisory committee that is retary, the Secretary will issue a certificate this section. exempted by the Secretary under the pre- of conformance to the Seller and place the SEC. 865. DEFINITIONS. ceding sentence who are special Government anti-terrorism technology on an Approved For purposes of this subtitle, the following employees (as that term is defined in section Product List for Homeland Security. definitions apply: 202 of title 18, United States Code) shall be (e) EXCLUSION.—Nothing in this section (1) QUALIFIED ANTI-TERRORISM TECH- eligible for certifications under subsection shall in any way limit the ability of any per- NOLOGY.—For purposes of this subtitle, the (b)(3) of section 208 of title 18, United States son to seek any form of recovery from any term ‘‘qualified anti-terrorism technology’’ Code, for official actions taken as a member person, government, or other entity that— means any product, equipment, service (in- of such advisory committee. (1) attempts to commit, knowingly partici- cluding support services), device, or tech- (b) TERMINATION.—Any advisory committee pates in, aids and abets, or commits any act nology (including information technology) established by the Secretary shall terminate of terrorism, or any criminal act related to designed, developed, modified, or procured 2 years after the date of its establishment, unless the Secretary makes a written deter- or resulting from such act of terrorism; or for the specific purpose of preventing, de- mination to extend the advisory committee (2) participates in a conspiracy to commit tecting, identifying, or deterring acts of ter- to a specified date, which shall not be more any such act of terrorism or any such crimi- rorism or limiting the harm such acts might than 2 years after the date on which such de- nal act. otherwise cause, that is designated as such termination is made. The Secretary may SEC. 864. RISK MANAGEMENT. by the Secretary. make any number of subsequent extensions (a) IN GENERAL.— (2) ACT OF TERRORISM.—(A) The term ‘‘act consistent with this subsection. (1) LIABILITY INSURANCE REQUIRED.—Any of terrorism’’ means any act that the Sec- person or entity that sells or otherwise pro- retary determines meets the requirements SEC. 872. REORGANIZATION. (a) REORGANIZATION.—The Secretary may vides a qualified anti-terrorism technology under subparagraph (B), as such require- allocate or reallocate functions among the to Federal and non-Federal government cus- ments are further defined and specified by officers of the Department, and may estab- tomers (‘‘Seller’’) shall obtain liability in- the Secretary. lish, consolidate, alter, or discontinue orga- surance of such types and in such amounts as (B) REQUIREMENTS.—An act meets the re- nizational units within the Department, but shall be required in accordance with this sec- quirements of this subparagraph if the act— only— tion and certified by the Secretary to satisfy (i) is unlawful; (1) pursuant to section 1502(b); or otherwise compensable third-party claims (ii) causes harm to a person, property, or (2) after the expiration of 60 days after pro- arising out of, relating to, or resulting from entity, in the United States, or in the case of viding notice of such action to the appro- an act of terrorism when qualified anti-ter- a domestic United States air carrier or a priate congressional committees, which shall rorism technologies have been deployed in United States-flag vessel (or a vessel based include an explanation of the rationale for defense against or response or recovery from principally in the United States on which the action. such act. United States income tax is paid and whose (b) LIMITATIONS.— AXIMUM AMOUNT (2) M .—For the total insurance coverage is subject to regulation (1) IN GENERAL.—Authority under sub- claims related to 1 such act of terrorism, the in the United States), in or outside the section (a)(1) does not extend to the aboli- Seller is not required to obtain liability in- United States; and tion of any agency, entity, organizational surance of more than the maximum amount (iii) uses or attempts to use instrumental- unit, program, or function established or re- of liability insurance reasonably available ities, weapons or other methods designed or quired to be maintained by this Act. from private sources on the world market at intended to cause mass destruction, injury (2) ABOLITIONS.—Authority under sub- prices and terms that will not unreasonably or other loss to citizens or institutions of the section (a)(2) does not extend to the aboli- distort the sales price of Seller’s anti-ter- United States. tion of any agency, entity, organizational rorism technologies. (3) INSURANCE CARRIER.—The term ‘‘insur- unit, program, or function established or re- (3) SCOPE OF COVERAGE.—Liability insurance carrier’’ means any corporation, asso- quired to be maintained by statute. ance obtained pursuant to this subsection ciation, society, order, firm, company, mu- SEC. 873. USE OF APPROPRIATED FUNDS. shall, in addition to the Seller, protect the tual, partnership, individual aggregation of (a) DISPOSAL OF PROPERTY.— following, to the extent of their potential li- individuals, or any other legal entity that (1) STRICT COMPLIANCE.—If specifically au- ability for involvement in the manufacture, provides commercial property and casualty thorized to dispose of real property in this or qualification, sale, use, or operation of quali- insurance. Such term includes any affiliates any other Act, the Secretary shall exercise fied anti-terrorism technologies deployed in of a commercial insurance carrier. this authority in strict compliance with sec- defense against or response or recovery from (4) LIABILITY INSURANCE.— tion 204 of the Federal Property and Admin- an act of terrorism: (A) IN GENERAL.—The term ‘‘liability insur- istrative Services Act of 1949 (40 U.S.C. 485). (A) contractors, subcontractors, suppliers, ance’’ means insurance for legal liabilities (2) DEPOSIT OF PROCEEDS.—The Secretary vendors and customers of the Seller. incurred by the insured resulting from— shall deposit the proceeds of any exercise of (B) contractors, subcontractors, suppliers, (i) loss of or damage to property of others; property disposal authority into the mis- and vendors of the customer. (ii) ensuing loss of income or extra expense cellaneous receipts of the Treasury in ac- (4) THIRD PARTY CLAIMS.—Such liability in- incurred because of loss of or damage to cordance with section 3302(b) of title 31, surance under this section shall provide cov- property of others; United States Code. erage against third party claims arising out (iii) bodily injury (including) to persons (b) GIFTS.—Gifts or donations of services or of, relating to, or resulting from the sale or other than the insured or its employees; or property of or for the Department may not use of anti-terrorism technologies. (iv) loss resulting from debt or default of be accepted, used, or disposed of unless spe- (b) RECIPROCAL WAIVER OF CLAIMS.—The another. cifically permitted in advance in an appro- Seller shall enter into a reciprocal waiver of (5) LOSS.—The term ‘‘loss’’ means death, priations Act and only under the conditions claims with its contractors, subcontractors, bodily injury, or loss of or damage to prop- and for the purposes specified in such appro- suppliers, vendors and customers, and con- erty, including business interruption loss. priations Act. tractors and subcontractors of the cus- (6) NON-FEDERAL GOVERNMENT CUS- (c) BUDGET REQUEST.—Under section 1105 of tomers, involved in the manufacture, sale, TOMERS.—The term ‘‘non-Federal Govern- title 31, United States Code, the President use or operation of qualified anti-terrorism ment customers’’ means any customer of a shall submit to Congress a detailed budget technologies, under which each party to the Seller that is not an agency or instrumen- request for the Department for fiscal year waiver agrees to be responsible for losses, in- tality of the United States Government with 2004, and for each subsequent fiscal year. cluding business interruption losses, that it authority under Public Law 85-804 to provide SEC. 874. FUTURE YEAR HOMELAND SECURITY sustains, or for losses sustained by its own for indemnification under certain cir- PROGRAM. employees resulting from an activity result- cumstances for third-party claims against (a) IN GENERAL.—Each budget request sub- ing from an act of terrorism when qualified its contractors, including but not limited to mitted to Congress for the Department under

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10927 section 1105 of title 31, United States Code, partments and agencies with respect to lumbia, the Governors of Maryland and Vir- shall, at or about the same time, be accom- interdicting the entry of illegal drugs into ginia, and other State, local, and regional of- panied by a Future Years Homeland Security the United States, and tracking and severing ficers in the National Capital Region to inte- Program. connections between illegal drug trafficking grate the District of Columbia, Maryland, (b) CONTENTS.—The Future Years Home- and terrorism. Such official shall— and Virginia into the planning, coordination, land Security Program under subsection (a) (1) ensure the adequacy of resources within and execution of the activities of the Federal shall be structured, and include the same the Department for illicit drug interdiction; Government for the enhancement of domes- type of information and level of detail, as and tic preparedness against the consequences of the Future Years Defense Program sub- (2) serve as the United States Interdiction terrorist attacks. mitted to Congress by the Department of De- Coordinator for the Director of National (b) RESPONSIBILITIES.—The Office estab- fense under section 221 of title 10, United Drug Control Policy. lished under subsection (a)(1) shall— States Code. SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS. (1) coordinate the activities of the Depart- (c) EFFECTIVE DATE.—This section shall (a) ESTABLISHMENT.—There is established ment relating to the National Capital Re- take effect with respect to the preparation within the Office of the Secretary an Office gion, including cooperation with the Office and submission of the fiscal year 2005 budget of International Affairs. The Office shall be for State and Local Government Coordina- request for the Department and for any sub- headed by a Director, who shall be a senior tion; sequent fiscal year, except that the first Fu- official appointed by the Secretary. (2) assess, and advocate for, the resources ture Years Homeland Security Program shall (b) DUTIES OF THE DIRECTOR.—The Director needed by State, local, and regional authori- be submitted not later than 90 days after the shall have the following duties: ties in the National Capital Region to imple- Department’s fiscal year 2005 budget request (1) To promote information and education ment efforts to secure the homeland; is submitted to Congress. exchange with nations friendly to the United (3) provide State, local, and regional au- SEC. 875. MISCELLANEOUS AUTHORITIES. States in order to promote sharing of best thorities in the National Capital Region with (a) SEAL.—The Department shall have a practices and technologies relating to home- regular information, research, and technical seal, whose design is subject to the approval land security. Such exchange shall include support to assist the efforts of State, local, of the President. the following: and regional authorities in the National Cap- (b) PARTICIPATION OF MEMBERS OF THE (A) Exchange of information on research ital Region in securing the homeland; ARMED FORCES.—With respect to the Depart- and development on homeland security tech- (4) develop a process for receiving mean- ment, the Secretary shall have the same au- nologies. ingful input from State, local, and regional thorities that the Secretary of Transpor- (B) Joint training exercises of first re- authorities and the private sector in the Na- tation has with respect to the Department of sponders. tional Capital Region to assist in the devel- Transportation under section 324 of title 49, (C) Exchange of expertise on terrorism pre- opment of the homeland security plans and United States Code. vention, response, and crisis management. activities of the Federal Government; (c) REDELEGATION OF FUNCTIONS.—Unless (2) To identify areas for homeland security (5) coordinate with Federal agencies in the otherwise provided in the delegation or by information and training exchange where the National Capital Region on terrorism pre- law, any function delegated under this Act United States has a demonstrated weakness paredness, to ensure adequate planning, in- may be redelegated to any subordinate. and another friendly nation or nations have formation sharing, training, and execution of SEC. 876. MILITARY ACTIVITIES. a demonstrated expertise. the Federal role in domestic preparedness Nothing in this Act shall confer upon the (3) To plan and undertake international activities; Secretary any authority to engage in conferences, exchange programs, and train- (6) coordinate with Federal, State, local, warfighting, the military defense of the ing activities. and regional agencies, and the private sector United States, or other military activities, (4) To manage international activities in the National Capital Region on terrorism nor shall anything in this Act limit the ex- within the Department in coordination with preparedness to ensure adequate planning, isting authority of the Department of De- other Federal officials with responsibility information sharing, training, and execution fense or the Armed Forces to engage in for counter-terrorism matters. of domestic preparedness activities among warfighting, the military defense of the SEC. 880. PROHIBITION OF THE TERRORISM IN- these agencies and entities; and United States, or other military activities. FORMATION AND PREVENTION SYS- (7) serve as a liaison between the Federal SEC. 877. REGULATORY AUTHORITY AND PRE- TEM. Government and State, local, and regional EMPTION. Any and all activities of the Federal Gov- authorities, and private sector entities in (a) REGULATORY AUTHORITY.—Except as ernment to implement the proposed compo- the National Capital Region to facilitate ac- otherwise provided in sections 306(c), 862(c), nent program of the Citizen Corps known as cess to Federal grants and other programs. and 1706(b), this Act vests no new regulatory Operation TIPS (Terrorism Information and (c) ANNUAL REPORT.—The Office estab- authority in the Secretary or any other Fed- Prevention System) are hereby prohibited. lished under subsection (a) shall submit an eral official, and transfers to the Secretary SEC. 881. REVIEW OF PAY AND BENEFIT PLANS. annual report to Congress that includes— or another Federal official only such regu- Notwithstanding any other provision of (1) the identification of the resources re- latory authority as exists on the date of en- this Act, the Secretary shall, in consultation quired to fully implement homeland security actment of this Act within any agency, pro- with the Director of the Office of Personnel efforts in the National Capital Region; gram, or function transferred to the Depart- Management, review the pay and benefit (2) an assessment of the progress made by ment pursuant to this Act, or that on such plans of each agency whose functions are the National Capital Region in imple- date of enactment is exercised by another of- transferred under this Act to the Depart- menting homeland security efforts; and ficial of the executive branch with respect to ment and, within 90 days after the date of (3) recommendations to Congress regarding such agency, program, or function. Any such enactment, submit a plan to the President of the additional resources needed to fully im- transferred authority may not be exercised the Senate and the Speaker of the House of plement homeland security efforts in the Na- by an official from whom it is transferred Representatives and the appropriate com- tional Capital Region. upon transfer of such agency, program, or mittees and subcommittees of Congress, for (d) LIMITATION.—Nothing contained in this function to the Secretary or another Federal ensuring, to the maximum extent prac- section shall be construed as limiting the official pursuant to this Act. This Act may ticable, the elimination of disparities in pay power of State and local governments. not be construed as altering or diminishing and benefits throughout the Department, es- SEC. 883. REQUIREMENT TO COMPLY WITH LAWS the regulatory authority of any other execu- pecially among law enforcement personnel, PROTECTING EQUAL EMPLOYMENT tive agency, except to the extent that this that are inconsistent with merit system OPPORTUNITY AND PROVIDING Act transfers such authority from the agen- principles set forth in section 2301 of title 5, WHISTLEBLOWER PROTECTIONS. cy. United States Code. Nothing in this Act shall be construed as (b) PREEMPTION OF STATE OR LOCAL LAW.— SEC. 882. OFFICE FOR NATIONAL CAPITAL RE- exempting the Department from require- Except as otherwise provided in this Act, GION COORDINATION. ments applicable with respect to executive this Act preempts no State or local law, ex- (a) ESTABLISHMENT.— agencies— cept that any authority to preempt State or (1) IN GENERAL.—There is established with- (1) to provide equal employment protection local law vested in any Federal agency or of- in the Office of the Secretary the Office of for employees of the Department (including ficial transferred to the Department pursu- National Capital Region Coordination, to pursuant to the provisions in section ant to this Act shall be transferred to the oversee and coordinate Federal programs for 2302(b)(1) of title 5, United States Code, and Department effective on the date of the and relationships with State, local, and re- the Notification and Federal Employee Anti- transfer to the Department of that Federal gional authorities in the National Capital discrimination and Retaliation Act of 2002 agency or official. Region, as defined under section 2674(f)(2) of (Pub. L. 107–174)); or SEC. 878. COUNTERNARCOTICS OFFICER. title 10, United States Code. (2) to provide whistleblower protections for The Secretary shall appoint a senior offi- (2) DIRECTOR.—The Office established under employees of the Department (including pur- cial in the Department to assume primary paragraph (1) shall be headed by a Director, suant to the provisions in section 2302(b)(8) responsibility for coordinating policy and who shall be appointed by the Secretary. and (9) of such title and the Notification and operations within the Department and be- (3) COOPERATION.—The Secretary shall co- Federal Employee Antidiscrimination and tween the Department and other Federal de- operate with the Mayor of the District of Co- Retaliation Act of 2002).

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10928 CONGRESSIONAL RECORD — SENATE November 13, 2002 SEC. 884. FEDERAL LAW ENFORCEMENT TRAIN- SEC. 887. COORDINATION WITH THE DEPART- missions of the Coast Guard or the Coast ING CENTER. MENT OF HEALTH AND HUMAN Guard’s capability to perform those mis- (a) IN GENERAL.—The transfer of an au- SERVICES UNDER THE PUBLIC sions, except as specified in subsequent Acts. HEALTH SERVICE ACT. thority or an agency under this Act to the (2) WAIVER.—The Secretary may waive the (a) IN GENERAL.—The annual Federal re- Department of Homeland Security does not restrictions under paragraph (1) for a period sponse plan developed by the Department affect training agreements already entered of not to exceed 90 days upon a declaration shall be consistent with section 319 of the into with the Federal Law Enforcement and certification by the Secretary to Con- Public Health Service Act (42 U.S.C. 247d). Training Center with respect to the training gress that a clear, compelling, and imme- (b) DISCLOSURES AMONG RELEVANT AGEN- of personnel to carry out that authority or diate need exists for such a waiver. A certifi- CIES.— the duties of that transferred agency. cation under this paragraph shall include a (1) IN GENERAL.—Full disclosure among rel- (b) CONTINUITY OF OPERATIONS.—All activi- detailed justification for the declaration and evant agencies shall be made in accordance ties of the Federal Law Enforcement Train- certification, including the reasons and spe- with this subsection. ing Center transferred to the Department of cific information that demonstrate that the (2) PUBLIC HEALTH EMERGENCY.—During the Homeland Security under this Act shall con- Nation and the Coast Guard cannot respond period in which the Secretary of Health and tinue to be carried out at the locations such effectively if the restrictions under para- Human Services has declared the existence activities were carried out before such trans- graph (1) are not waived. of a public health emergency under section fer. (f) ANNUAL REVIEW.— 319(a) of the Public Health Service Act (42 (1) IN GENERAL.—The Inspector General of SEC. 885. JOINT INTERAGENCY TASK FORCE. U.S.C. 247d(a)), the Secretary of Health and the Department shall conduct an annual re- (a) ESTABLISHMENT.—The Secretary may Human Services shall keep relevant agen- view that shall assess thoroughly the per- establish and operate a permanent Joint cies, including the Department of Homeland formance by the Coast Guard of all missions Interagency Homeland Security Task Force Security, the Department of Justice, and the of the Coast Guard (including non-homeland composed of representatives from military Federal Bureau of Investigation, fully and security missions and homeland security and civilian agencies of the United States currently informed. missions) with a particular emphasis on ex- Government for the purposes of anticipating (3) POTENTIAL PUBLIC HEALTH EMERGENCY.— amining the non-homeland security mis- terrorist threats against the United States In cases involving, or potentially involving, sions. and taking appropriate actions to prevent a public health emergency, but in which no (2) REPORT.—The report under this para- harm to the United States. determination of an emergency by the Sec- graph shall be submitted to— (b) STRUCTURE.—It is the sense of Congress retary of Health and Human Services under (A) the Committee on Governmental Af- that the Secretary should model the Joint section 319(a) of the Public Health Service fairs of the Senate; Interagency Homeland Security Task Force Act (42 U.S.C. 247d(a)), has been made, all (B) the Committee on Government Reform on the approach taken by the Joint Inter- relevant agencies, including the Department of the House of Representatives; agency Task Forces for drug interdiction at of Homeland Security, the Department of (C) the Committees on Appropriations of Key West, Florida and Alameda, California, Justice, and the Federal Bureau of Investiga- the Senate and the House of Representatives; to the maximum extent feasible and appro- tion, shall keep the Secretary of Health and (D) the Committee on Commerce, Science, priate. Human Services and the Director of the Cen- and Transportation of the Senate; and SEC. 886. SENSE OF CONGRESS REAFFIRMING ters for Disease Control and Prevention fully (E) the Committee on Transportation and THE CONTINUED IMPORTANCE AND and currently informed. APPLICABILITY OF THE POSSE COM- Infrastructure of the House of Representa- SEC. 888. PRESERVING COAST GUARD MISSION tives. ITATUS ACT. PERFORMANCE. (g) DIRECT REPORTING TO SECRETARY.— (a) FINDINGS.—Congress finds the fol- (a) DEFINITIONS.—In this section: Upon the transfer of the Coast Guard to the lowing: (1) NON-HOMELAND SECURITY MISSIONS.—The Department, the Commandant shall report (1) Section 1385 of title 18, United States term ‘‘non-homeland security missions’’ directly to the Secretary without being re- Code (commonly known as the ‘‘Posse Com- means the following missions of the Coast quired to report through any other official of itatus Act’’), prohibits the use of the Armed Guard: the Department. Forces as a posse comitatus to execute the (A) Marine safety. laws except in cases and under cir- (B) Search and rescue. (h) OPERATION AS A SERVICE IN THE NAVY.— cumstances expressly authorized by the Con- (C) Aids to navigation. None of the conditions and restrictions in stitution or Act of Congress. (D) Living marine resources (fisheries law this section shall apply when the Coast (2) Enacted in 1878, the Posse Comitatus enforcement). Guard operates as a service in the Navy Act was expressly intended to prevent (E) Marine environmental protection. under section 3 of title 14, United States United States Marshals, on their own initia- (F) Ice operations. Code. (i) REPORT ON ACCELERATING THE INTE- tive, from calling on the Army for assistance (2) HOMELAND SECURITY MISSIONS.—The in enforcing Federal law. term ‘‘homeland security missions’’ means GRATED DEEPWATER SYSTEM.—Not later than (3) The Posse Comitatus Act has served the the following missions of the Coast Guard: 90 days after the date of enactment of this Nation well in limiting the use of the Armed (A) Ports, waterways and coastal security. Act, the Secretary, in consultation with the Forces to enforce the law. (B) Drug interdiction. Commandant of the Coast Guard, shall sub- (4) Nevertheless, by its express terms, the (C) Migrant interdiction. mit a report to the Committee on Com- Posse Comitatus Act is not a complete bar- (D) Defense readiness. merce, Science, and Transportation of the rier to the use of the Armed Forces for a (E) Other law enforcement. Senate, the Committee on Transportation range of domestic purposes, including law (b) TRANSFER.—There are transferred to and Infrastructure of the House of Rep- enforcement functions, when the use of the the Department the authorities, functions, resentatives, and the Committees on Appro- Armed Forces is authorized by Act of Con- personnel, and assets of the Coast Guard, priations of the Senate and the House of gress or the President determines that the which shall be maintained as a distinct enti- Representatives that— use of the Armed Forces is required to fulfill ty within the Department, including the au- (1) analyzes the feasibility of accelerating the President’s obligations under the Con- thorities and functions of the Secretary of the rate of procurement in the Coast Guard’s stitution to respond promptly in time of war, Transportation relating thereto. Integrated Deepwater System from 20 years insurrection, or other serious emergency. (c) MAINTENANCE OF STATUS OF FUNCTIONS to 10 years; (5) Existing laws, including chapter 15 of AND ASSETS.—Notwithstanding any other (2) includes an estimate of additional re- title 10, United States Code (commonly provision of this Act, the authorities, func- sources required; known as the ‘‘Insurrection Act’’), and the tions, and capabilities of the Coast Guard to (3) describes the resulting increased capa- Robert T. Stafford Disaster Relief and Emer- perform its missions shall be maintained in- bilities; gency Assistance Act (42 U.S.C. 5121 et seq.), tact and without significant reduction after (4) outlines any increases in the Coast grant the President broad powers that may the transfer of the Coast Guard to the De- Guard’s homeland security readiness; be invoked in the event of domestic emer- partment, except as specified in subsequent (5) describes any increases in operational gencies, including an attack against the Na- Acts. efficiencies; and tion using weapons of mass destruction, and (d) CERTAIN TRANSFERS PROHIBITED.—No (6) provides a revised asset phase-in time these laws specifically authorize the Presi- mission, function, or asset (including for line. dent to use the Armed Forces to help restore purposes of this subsection any ship, air- SEC. 889. HOMELAND SECURITY FUNDING ANAL- public order. craft, or helicopter) of the Coast Guard may YSIS IN PRESIDENT’S BUDGET. (b) SENSE OF CONGRESS.—Congress reaf- be diverted to the principal and continuing (a) IN GENERAL.—Section 1105(a) of title 31, firms the continued importance of section use of any other organization, unit, or entity United States Code, is amended by adding at 1385 of title 18, United States Code, and it is of the Department, except for details or as- the end the following: the sense of Congress that nothing in this signments that do not reduce the Coast ‘‘(33)(A)(i) a detailed, separate analysis, by Act should be construed to alter the applica- Guard’s capability to perform its missions. budget function, by agency, and by initiative bility of such section to any use of the (e) CHANGES TO MISSIONS.— area (as determined by the administration) Armed Forces as a posse comitatus to exe- (1) PROHIBITION.—The Secretary may not for the prior fiscal year, the current fiscal cute the laws. substantially or significantly reduce the year, the fiscal years for which the budget is

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10929 submitted, and the ensuing fiscal year iden- (1) The Federal Government is required by tion and safeguarding of classified informa- tifying the amounts of gross and net appro- the Constitution to provide for the common tion. priations or obligational authority and out- defense, which includes terrorist attack. (4) Such procedures shall not change the lays that contribute to homeland security, (2) The Federal Government relies on State requirements and authorities to protect with separate displays for mandatory and and local personnel to protect against ter- sources and methods. discretionary amounts, including— rorist attack. (b) PROCEDURES FOR SHARING OF HOMELAND ‘‘(I) summaries of the total amount of such (3) The Federal Government collects, cre- SECURITY INFORMATION.— appropriations or new obligational authority ates, manages, and protects classified and (1) Under procedures prescribed by the and outlays requested for homeland security; sensitive but unclassified information to en- President, all appropriate agencies, includ- ‘‘(II) an estimate of the current service lev- hance homeland security. ing the intelligence community, shall, els of homeland security spending; (4) Some homeland security information is through information sharing systems, share ‘‘(III) the most recent risk assessment and needed by the State and local personnel to homeland security information with Federal summary of homeland security needs in each prevent and prepare for terrorist attack. agencies and appropriate State and local per- initiative area (as determined by the admin- (5) The needs of State and local personnel sonnel to the extent such information may istration); and to have access to relevant homeland security be shared, as determined in accordance with ‘‘(IV) an estimate of user fees collected by information to combat terrorism must be subsection (a), together with assessments of the Federal Government on behalf of home- reconciled with the need to preserve the pro- the credibility of such information. land security activities; tected status of such information and to pro- (2) Each information sharing system ‘‘(ii) with respect to subclauses (I) through tect the sources and methods used to acquire through which information is shared under (IV) of clause (i), amounts shall be provided such information. paragraph (1) shall— by account for each program, project and ac- (6) Granting security clearances to certain (A) have the capability to transmit unclas- tivity; and State and local personnel is one way to fa- sified or classified information, though the ‘‘(iii) an estimate of expenditures for cilitate the sharing of information regarding procedures and recipients for each capability homeland security activities by State and specific terrorist threats among Federal, may differ; local governments and the private sector for State, and local levels of government. (B) have the capability to restrict delivery the prior fiscal year and the current fiscal (7) Methods exist to declassify, redact, or of information to specified subgroups by geo- year. otherwise adapt classified information so it graphic location, type of organization, position of a recipient within an organization, or ‘‘(B) In this paragraph, consistent with the may be shared with State and local per- a recipient’s need to know such information; Office of Management and Budget’s June 2002 sonnel without the need for granting addi- (C) be configured to allow the efficient and ‘Annual Report to Congress on Combatting tional security clearances. effective sharing of information; and Terrorism’, the term ‘homeland security’ re- (8) State and local personnel have capabili- (D) be accessible to appropriate State and fers to those activities that detect, deter, ties and opportunities to gather information local personnel. protect against, and respond to terrorist at- on suspicious activities and terrorist threats (3) The procedures prescribed under para- tacks occurring within the United States not possessed by Federal agencies. graph (1) shall establish conditions on the and its territories. (9) The Federal Government and State and use of information shared under paragraph ‘‘(C) In implementing this paragraph, in- local governments and agencies in other jurisdictions may benefit from such informa- (1)— cluding determining what Federal activities (A) to limit the redissemination of such in- or accounts constitute homeland security for tion. (10) Federal, State, and local governments formation to ensure that such information is purposes of budgetary classification, the Of- not used for an unauthorized purpose; fice of Management and Budget is directed and intelligence, law enforcement, and other emergency preparation and response agen- (B) to ensure the security and confiden- to consult periodically, but at least annu- tiality of such information; ally, with the House and Senate Budget cies must act in partnership to maximize the benefits of information gathering and anal- (C) to protect the constitutional and statu- Committees, the House and Senate Appro- tory rights of any individuals who are sub- priations Committees, and the Congressional ysis to prevent and respond to terrorist attacks. jects of such information; and Budget Office.’’. (D) to provide data integrity through the (b) REPEAL OF DUPLICATIVE REPORTS.—The (11) Information systems, including the Na- timely removal and destruction of obsolete following sections are repealed: tional Law Enforcement Telecommuni- or erroneous names and information. (1) Section 1051 of Public Law 105–85. cations System and the Terrorist Threat (4) The procedures prescribed under para- (2) Section 1403 of Public Law 105–261. Warning System, have been established for graph (1) shall ensure, to the greatest extent (c) EFFECTIVE DATE.—This section and the rapid sharing of classified and sensitive but practicable, that the information sharing amendment made by this section shall apply unclassified information among Federal, system through which information is shared beginning with respect to the fiscal year 2005 State, and local entities. under such paragraph include existing infor- budget submission. (12) Increased efforts to share homeland security information should avoid duplicating mation sharing systems, including, but not SEC. 890. AIR TRANSPORTATION SAFETY AND limited to, the National Law Enforcement SYSTEM STABILIZATION ACT. existing information systems. Telecommunications System, the Regional The Air Transportation Safety and System (c) SENSE OF CONGRESS.—It is the sense of Information Sharing System, and the Ter- Stabilization Act (49 U.S.C. 40101 note) is Congress that Federal, State, and local enti- rorist Threat Warning System of the Federal amended— ties should share homeland security informa- Bureau of Investigation. (1) in section 408 by striking the last sen- tion to the maximum extent practicable, (5) Each appropriate Federal agency, as de- tence of subsection (c); and with special emphasis on hard-to-reach termined by the President, shall have access (2) in section 402 by striking paragraph (1) urban and rural communities. to each information sharing system through and inserting the following: SEC. 892. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCE- which information is shared under paragraph ‘‘(1) AIR CARRIER.—The term ‘air carrier’ DURES. (1), and shall therefore have access to all in- means a citizen of the United States under- (a) PROCEDURES FOR DETERMINING EXTENT formation, as appropriate, shared under such taking by any means, directly or indirectly, OF SHARING OF HOMELAND SECURITY INFORMA- paragraph. to provide air transportation and includes TION.— (6) The procedures prescribed under para- employees and agents (including persons en- (1) The President shall prescribe and im- graph (1) shall ensure that appropriate State gaged in the business of providing air trans- plement procedures under which relevant and local personnel are authorized to use portation security and their affiliates) of Federal agencies— such information sharing systems— such citizen. For purposes of the preceding (A) share relevant and appropriate home- (A) to access information shared with such sentence, the term ‘agent’, as applied to per- land security information with other Federal personnel; and sons engaged in the business of providing air agencies, including the Department, and ap- (B) to share, with others who have access transportation security, shall only include propriate State and local personnel; to such information sharing systems, the persons that have contracted directly with (B) identify and safeguard homeland secu- homeland security information of their own the Federal Aviation Administration on or rity information that is sensitive but unclas- jurisdictions, which shall be marked appro- after and commenced services no later than sified; and priately as pertaining to potential terrorist February 17, 2002, to provide such security, (C) to the extent such information is in activity. and had not been or are not debarred for any classified form, determine whether, how, and (7) Under procedures prescribed jointly by period within 6 months from that date.’’. to what extent to remove classified informa- the Director of Central Intelligence and the Subtitle I—Information Sharing tion, as appropriate, and with which such Attorney General, each appropriate Federal SEC. 891. SHORT TITLE; FINDINGS; AND SENSE OF personnel it may be shared after such infor- agency, as determined by the President, CONGRESS. mation is removed. shall review and assess the information (a) SHORT TITLE.—This subtitle may be (2) The President shall ensure that such shared under paragraph (6) and integrate cited as the ‘‘Homeland Security Informa- procedures apply to all agencies of the Fed- such information with existing intelligence. tion Sharing Act’’. eral Government. (c) SHARING OF CLASSIFIED INFORMATION (b) FINDINGS.—Congress finds the fol- (3) Such procedures shall not change the AND SENSITIVE BUT UNCLASSIFIED INFORMA- lowing: substantive requirements for the classifica- TION WITH STATE AND LOCAL PERSONNEL.—

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REPORT. who by any means authorized by this chap- sonnel homeland security information that (a) REPORT REQUIRED.—Not later than 12 ter, has obtained knowledge of the contents remains classified or otherwise protected months after the date of the enactment of of any wire, oral, or electronic communica- after the determinations prescribed under this Act, the President shall submit to the tion, or evidence derived therefrom, may dis- the procedures set forth in subsection (a). congressional committees specified in sub- close such contents or derivative evidence to (2) It is the sense of Congress that such section (b) a report on the implementation of a foreign investigative or law enforcement procedures may include 1 or more of the fol- section 892. The report shall include any rec- officer to the extent that such disclosure is lowing means: ommendations for additional measures or appropriate to the proper performance of the (A) Carrying out security clearance inves- appropriation requests, beyond the require- official duties of the officer making or re- tigations with respect to appropriate State ments of section 892, to increase the effec- ceiving the disclosure, and foreign investiga- and local personnel. tiveness of sharing of information between tive or law enforcement officers may use or (B) With respect to information that is and among Federal, State, and local entities. disclose such contents or derivative evidence sensitive but unclassified, entering into non- (b) SPECIFIED CONGRESSIONAL COMMIT- to the extent such use or disclosure is appro- disclosure agreements with appropriate TEES.—The congressional committees re- priate to the proper performance of their of- State and local personnel. ferred to in subsection (a) are the following ficial duties. ‘‘(8) Any investigative or law enforcement (C) Increased use of information-sharing committees: officer, or other Federal official in carrying partnerships that include appropriate State (1) The Permanent Select Committee on Intelligence and the Committee on the Judi- out official duties as such Federal official, and local personnel, such as the Joint Ter- who by any means authorized by this chap- rorism Task Forces of the Federal Bureau of ciary of the House of Representatives. (2) The Select Committee on Intelligence ter, has obtained knowledge of the contents Investigation, the Anti-Terrorism Task of any wire, oral, or electronic communica- Forces of the Department of Justice, and re- and the Committee on the Judiciary of the Senate. tion, or evidence derived therefrom, may dis- gional Terrorism Early Warning Groups. close such contents or derivative evidence to (d) RESPONSIBLE OFFICIALS.—For each af- SEC. 894. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated any appropriate Federal, State, local, or for- fected Federal agency, the head of such agen- eign government official to the extent that cy shall designate an official to administer such sums as may be necessary to carry out section 892. such contents or derivative evidence reveals this Act with respect to such agency. a threat of actual or potential attack or (e) FEDERAL CONTROL OF INFORMATION.— SEC. 895. AUTHORITY TO SHARE GRAND JURY IN- other grave hostile acts of a foreign power or Under procedures prescribed under this sec- FORMATION. an agent of a foreign power, domestic or tion, information obtained by a State or Rule 6(e) of the Federal Rules of Criminal international sabotage, domestic or inter- local government from a Federal agency Procedure is amended— national terrorism, or clandestine intel- under this section shall remain under the (1) in paragraph (2), by inserting ‘‘, or of ligence gathering activities by an intel- control of the Federal agency, and a State or guidelines jointly issued by the Attorney ligence service or network of a foreign power local law authorizing or requiring such a General and Director of Central Intelligence or by an agent of a foreign power, within the pursuant to Rule 6,’’ after ‘‘Rule 6’’; and government to disclose information shall not United States or elsewhere, for the purpose (2) in paragraph (3)— apply to such information. of preventing or responding to such a threat. (f) DEFINITIONS.—As used in this section: (A) in subparagraph (A)(ii), by inserting Any official who receives information pursu- (1) The term ‘‘homeland security informa- ‘‘or of a foreign government’’ after ‘‘(includ- ant to this provision may use that information’’ means any information possessed by a ing personnel of a state or subdivision of a tion only as necessary in the conduct of that Federal, State, or local agency that— state’’; person’s official duties subject to any limita- (A) relates to the threat of terrorist activ- (B) in subparagraph (C)(i)— tions on the unauthorized disclosure of such ity; (i) in subclause (I), by inserting before the information, and any State, local, or foreign (B) relates to the ability to prevent, inter- semicolon the following: ‘‘or, upon a request official who receives information pursuant dict, or disrupt terrorist activity; by an attorney for the government, when to this provision may use that information (C) would improve the identification or in- sought by a foreign court or prosecutor for only consistent with such guidelines as the vestigation of a suspected terrorist or ter- use in an official criminal investigation’’; Attorney General and Director of Central In- rorist organization; or (ii) in subclause (IV)— telligence shall jointly issue.’’. (D) would improve the response to a ter- (I) by inserting ‘‘or foreign’’ after ‘‘may SEC. 897. FOREIGN INTELLIGENCE INFORMA- rorist act. disclose a violation of State’’; TION. (2) The term ‘‘intelligence community’’ (II) by inserting ‘‘or of a foreign govern- (a) DISSEMINATION AUTHORIZED.—Section has the meaning given such term in section ment’’ after ‘‘to an appropriate official of a 203(d)(1) of the Uniting and Strengthening 3(4) of the National Security Act of 1947 (50 State or subdivision of a State’’; and America by Providing Appropriate Tools Re- U.S.C. 401a(4)). (III) by striking ‘‘or’’ at the end; quired to Intercept and Obstruct Terrorism (3) The term ‘‘State and local personnel’’ (iii) by striking the period at the end of (USA PATRIOT ACT) Act of 2001 (Public means any of the following persons involved subclause (V) and inserting ‘‘; or’’; and Law 107–56; 50 U.S.C. 403–5d) is amended by in prevention, preparation, or response for (iv) by adding at the end the following: adding at the end the following: ‘‘Consistent terrorist attack: ‘‘(VI) when matters involve a threat of ac- with the responsibility of the Director of (A) State Governors, mayors, and other lo- tual or potential attack or other grave hos- Central Intelligence to protect intelligence cally elected officials. tile acts of a foreign power or an agent of a sources and methods, and the responsibility (B) State and local law enforcement per- foreign power, domestic or international sab- of the Attorney General to protect sensitive sonnel and firefighters. otage, domestic or international terrorism, law enforcement information, it shall be (C) Public health and medical profes- or clandestine intelligence gathering activi- lawful for information revealing a threat of sionals. ties by an intelligence service or network of actual or potential attack or other grave (D) Regional, State, and local emergency a foreign power or by an agent of a foreign hostile acts of a foreign power or an agent of management agency personnel, including power, within the United States or else- a foreign power, domestic or international State adjutant generals. where, to any appropriate federal, state, sabotage, domestic or international ter- (E) Other appropriate emergency response local, or foreign government official for the rorism, or clandestine intelligence gathering agency personnel. purpose of preventing or responding to such activities by an intelligence service or net- (F) Employees of private-sector entities a threat.’’; and work of a foreign power or by an agent of a that affect critical infrastructure, cyber, (C) in subparagraph (C)(iii)— foreign power, within the United States or economic, or public health security, as des- (i) by striking ‘‘Federal’’; elsewhere, obtained as part of a criminal in- ignated by the Federal government in proce- (ii) by inserting ‘‘or clause (i)(VI)’’ after vestigation to be disclosed to any appro- dures developed pursuant to this section. ‘‘clause (i)(V)’’; and priate Federal, State, local, or foreign gov- (4) The term ‘‘State’’ includes the District (iii) by adding at the end the following: ernment official for the purpose of pre- of Columbia and any commonwealth, terri- ‘‘Any state, local, or foreign official who re- venting or responding to such a threat. Any tory, or possession of the United States. ceives information pursuant to clause (i)(VI) official who receives information pursuant (g) CONSTRUCTION.—Nothing in this Act shall use that information only consistent to this provision may use that information shall be construed as authorizing any depart- with such guidelines as the Attorney General only as necessary in the conduct of that per- ment, bureau, agency, officer, or employee of and Director of Central Intelligence shall son’s official duties subject to any limita- the Federal Government to request, receive, jointly issue.’’. tions on the unauthorized disclosure of such or transmit to any other Government entity SEC. 896. AUTHORITY TO SHARE ELECTRONIC, information, and any State, local, or foreign or personnel, or transmit to any State or WIRE, AND ORAL INTERCEPTION IN- official who receives information pursuant local entity or personnel otherwise author- FORMATION. to this provision may use that information ized by this Act to receive homeland security Section 2517 of title 18, United States Code, only consistent with such guidelines as the information, any information collected by is amended by adding at the end the fol- Attorney General and Director of Central In- the Federal Government solely for statis- lowing: telligence shall jointly issue.’’.

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(b) CONFORMING AMENDMENTS.—Section TITLE X—INFORMATION SECURITY ‘‘(E) is critical to the direct fulfillment of 203(c) of that Act is amended— SEC. 1001. INFORMATION SECURITY. military or intelligence missions provided (1) by striking ‘‘section 2517(6)’’ and insert- (a) SHORT TITLE.—This title may be cited that this definition does not apply to a sys- ing ‘‘paragraphs (6) and (8) of section 2517 of as the ‘‘Federal Information Security Man- tem that is used for routine administrative title 18, United States Code,’’; and agement Act of 2002’’. and business applications (including payroll, (2) by inserting ‘‘and (VI)’’ after ‘‘Rule (b) INFORMATION SECURITY.— finance, logistics, and personnel manage- 6(e)(3)(C)(i)(V)’’. (1) IN GENERAL.—Subchapter II of chapter ment applications); SEC. 898. INFORMATION ACQUIRED FROM AN 35 of title 44, United States Code, is amended ‘‘(3) the term ‘information technology’ has ELECTRONIC SURVEILLANCE. to read as follows: the meaning given that term in section 11101 of title 40; and Section 106(k)(1) of the Foreign Intel- ‘‘SUBCHAPTER II—INFORMATION ‘‘(4) the term ‘information system’ means ligence Surveillance Act of 1978 (50 U.S.C. SECURITY any equipment or interconnected system or 1806) is amended by inserting after ‘‘law en- ‘‘§ 3531. Purposes forcement officers’’ the following: ‘‘or law subsystems of equipment that is used in the ‘‘The purposes of this subchapter are to— enforcement personnel of a State or political automatic acquisition, storage, manipula- ‘‘(1) provide a comprehensive framework subdivision of a State (including the chief tion, management, movement, control, dis- for ensuring the effectiveness of information executive officer of that State or political play, switching, interchange, transmission, security controls over information resources subdivision who has the authority to appoint or reception of data or information, and in- that support Federal operations and assets; or direct the chief law enforcement officer of cludes— ‘‘(2) recognize the highly networked nature that State or political subdivision)’’. ‘‘(A) computers and computer networks; of the current Federal computing environ- ‘‘(B) ancillary equipment; SEC. 899. INFORMATION ACQUIRED FROM A ment and provide effective governmentwide ‘‘(C) software, firmware, and related proce- PHYSICAL SEARCH. management and oversight of the related in- dures; Section 305(k)(1) of the Foreign Intel- formation security risks, including coordina- ‘‘(D) services, including support services; ligence Surveillance Act of 1978 (50 U.S.C. tion of information security efforts through- and 1825) is amended by inserting after ‘‘law en- out the civilian, national security, and law ‘‘(E) related resources.’’. forcement officers’’ the following: ‘‘or law enforcement communities; enforcement personnel of a State or political ‘‘§ 3533. Authority and functions of the Direc- ‘‘(3) provide for development and mainte- tor subdivision of a State (including the chief nance of minimum controls required to pro- ‘‘(a) The Director shall oversee agency in- executive officer of that State or political tect Federal information and information subdivision who has the authority to appoint formation security policies and practices, systems; by— or direct the chief law enforcement officer of ‘‘(4) provide a mechanism for improved that State or political subdivision)’’. ‘‘(1) promulgating information security oversight of Federal agency information se- standards under section 11331 of title 40; TITLE IX—NATIONAL HOMELAND curity programs; ‘‘(2) overseeing the implementation of poli- SECURITY COUNCIL ‘‘(5) acknowledge that commercially devel- cies, principles, standards, and guidelines on oped information security products offer ad- SEC. 901. NATIONAL HOMELAND SECURITY COUN- information security; CIL. vanced, dynamic, robust, and effective infor- ‘‘(3) requiring agencies, consistent with the mation security solutions, reflecting market There is established within the Executive standards promulgated under such section solutions for the protection of critical infor- Office of the President a council to be known 11331 and the requirements of this sub- mation infrastructures important to the na- as the ‘‘Homeland Security Council’’ (in this chapter, to identify and provide information tional defense and economic security of the title referred to as the ‘‘Council’’). security protections commensurate with the nation that are designed, built, and operated SEC. 902. FUNCTION. risk and magnitude of the harm resulting by the private sector; and from the unauthorized access, use, disclo- The function of the Council shall be to ad- ‘‘(6) recognize that the selection of specific sure, disruption, modification, or destruction vise the President on homeland security technical hardware and software information of— matters. security solutions should be left to indi- ‘‘(A) information collected or maintained SEC. 903. MEMBERSHIP. vidual agencies from among commercially by or on behalf of an agency; or The members of the Council shall be the developed products.’’. ‘‘(B) information systems used or operated following: ‘‘§ 3532. Definitions by an agency or by a contractor of an agency (1) The President. ‘‘(a) IN GENERAL.—Except as provided or other organization on behalf of an agency; (2) The Vice President. under subsection (b), the definitions under ‘‘(4) coordinating the development of (3) The Secretary of Homeland Security. section 3502 shall apply to this subchapter. standards and guidelines under section 20 of (4) The Attorney General. ‘‘(b) ADDITIONAL DEFINITIONS.—As used in the National Institute of Standards and (5) The Secretary of Defense. this subchapter— Technology Act (15 U.S.C. 278g–3) with agen- (6) Such other individuals as may be des- ‘‘(1) the term ‘information security’ means cies and offices operating or exercising con- ignated by the President. protecting information and information sys- trol of national security systems (including SEC. 904. OTHER FUNCTIONS AND ACTIVITIES. tems from unauthorized access, use, disclo- the National Security Agency) to assure, to For the purpose of more effectively coordi- sure, disruption, modification, or destruction the maximum extent feasible, that such nating the policies and functions of the in order to provide— standards and guidelines are complementary United States Government relating to home- ‘‘(A) integrity, which means guarding with standards and guidelines developed for land security, the Council shall— against improper information modification national security systems; (1) assess the objectives, commitments, or destruction, and includes ensuring infor- ‘‘(5) overseeing agency compliance with and risks of the United States in the interest mation nonrepudiation and authenticity; the requirements of this subchapter, includ- of homeland security and to make resulting ‘‘(B) confidentiality, which means pre- ing through any authorized action under sec- recommendations to the President; serving authorized restrictions on access and tion 11303(b)(5) of title 40, to enforce account- (2) oversee and review homeland security disclosure, including means for protecting ability for compliance with such require- policies of the Federal Government and to personal privacy and proprietary informa- ments; make resulting recommendations to the tion; ‘‘(6) reviewing at least annually, and ap- President; and ‘‘(C) availability, which means ensuring proving or disapproving, agency information (3) perform such other functions as the timely and reliable access to and use of in- security programs required under section President may direct. formation; and 3534(b); ‘‘(D) authentication, which means utilizing ‘‘(7) coordinating information security SEC. 905. STAFF COMPOSITION. digital credentials to assure the identity of policies and procedures with related infor- The Council shall have a staff, the head of users and validate their access; mation resources management policies and which shall be a civilian Executive Sec- ‘‘(2) the term ‘national security system’ procedures; and retary, who shall be appointed by the Presi- means any information system (including ‘‘(8) reporting to Congress no later than dent. The President is authorized to fix the any telecommunications system) used or op- March 1 of each year on agency compliance pay of the Executive Secretary at a rate not erated by an agency or by a contractor of an with the requirements of this subchapter, in- to exceed the rate of pay payable to the Ex- agency, or other organization on behalf of an cluding— ecutive Secretary of the National Security agency, the function, operation, or use of ‘‘(A) a summary of the findings of evalua- Council. which— tions required by section 3535; SEC. 906. RELATION TO THE NATIONAL SECURITY ‘‘(A) involves intelligence activities; ‘‘(B) significant deficiencies in agency in- COUNCIL. ‘‘(B) involves cryptologic activities related formation security practices; The President may convene joint meetings to national security; ‘‘(C) planned remedial action to address of the Homeland Security Council and the ‘‘(C) involves command and control of mili- such deficiencies; and National Security Council with participation tary forces; ‘‘(D) a summary of, and the views of the by members of either Council or as the Presi- ‘‘(D) involves equipment that is an integral Director on, the report prepared by the Na- dent may otherwise direct. part of a weapon or weapons system; or tional Institute of Standards and Technology

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10932 CONGRESSIONAL RECORD — SENATE November 13, 2002 under section 20(d)(9) of the National Insti- tion security with respect to such respon- ‘‘(A) mitigating risks associated with such tute of Standards and Technology Act (15 sibilities; and incidents before substantial damage is done; U.S.C. 278g–3).’’. ‘‘(E) assisting senior agency officials con- and ‘‘(b) Except for the authorities described in cerning their responsibilities under para- ‘‘(B) notifying and consulting with, as ap- paragraphs (4) and (7) of subsection (a), the graph (2); propriate— authorities of the Director under this section ‘‘(4) ensure that the agency has trained ‘‘(i) law enforcement agencies and relevant shall not apply to national security systems. personnel sufficient to assist the agency in Offices of Inspector General; ‘‘§ 3534. Federal agency responsibilities complying with the requirements of this sub- ‘‘(ii) an office designated by the President ‘‘(a) The head of each agency shall— chapter and related policies, procedures, for any incident involving a national secu- ‘‘(1) be responsible for— standards, and guidelines; and rity system; and ‘‘(A) providing information security pro- ‘‘(5) ensure that the agency Chief Informa- ‘‘(iii) any other agency or office, in accord- tections commensurate with the risk and tion Officer, in coordination with other sen- ance with law or as directed by the Presi- magnitude of the harm resulting from unau- ior agency officials, reports annually to the dent; and thorized access, use, disclosure, disruption, agency head on the effectiveness of the agen- ‘‘(8) plans and procedures to ensure con- modification, or destruction of— cy information security program, including tinuity of operations for information sys- ‘‘(i) information collected or maintained progress of remedial actions. tems that support the operations and assets by or on behalf of the agency; and of the agency. ‘‘(b) Each agency shall develop, document, ‘‘(ii) information systems used or operated ‘‘(c) Each agency shall— by an agency or by a contractor of an agency and implement an agencywide information ‘‘(1) report annually to the Director, the or other organization on behalf of an agency; security program, approved by the Director Committees on Government Reform and ‘‘(B) complying with the requirements of under section 3533(a)(5), to provide informa- Science of the House of Representatives, the this subchapter and related policies, proce- tion security for the information and infor- Committees on Governmental Affairs and dures, standards, and guidelines, including— mation systems that support the operations Commerce, Science, and Transportation of ‘‘(i) information security standards pro- and assets of the agency, including those the Senate, the appropriate authorization mulgated by the Director under section 11331 provided or managed by another agency, con- and appropriations committees of Congress, of title 40; and tractor, or other source, that includes— and the Comptroller General on the ade- ‘‘(ii) information security standards and ‘‘(1) periodic assessments of the risk and quacy and effectiveness of information secu- guidelines for national security systems magnitude of the harm that could result rity policies, procedures, and practices, and issued in accordance with law and as di- from the unauthorized access, use, disclo- compliance with the requirements of this rected by the President; and sure, disruption, modification, or destruction subchapter, including compliance with each ‘‘(C) ensuring that information security of information and information systems that requirement of subsection (b); management processes are integrated with support the operations and assets of the ‘‘(2) address the adequacy and effectiveness agency strategic and operational planning agency; of information security policies, procedures, processes; ‘‘(2) policies and procedures that— and practices in plans and reports relating ‘‘(2) ensure that senior agency officials pro- ‘‘(A) are based on the risk assessments re- to— vide information security for the informa- quired by paragraph (1); ‘‘(A) annual agency budgets; tion and information systems that support ‘‘(B) cost-effectively reduce information ‘‘(B) information resources management the operations and assets under their con- security risks to an acceptable level; under subchapter 1 of this chapter; trol, including through— ‘‘(C) ensure that information security is ‘‘(C) information technology management ‘‘(A) assessing the risk and magnitude of addressed throughout the life cycle of each under subtitle III of title 40; the harm that could result from the unau- ‘‘(D) program performance under sections thorized access, use, disclosure, disruption, agency information system; and ‘‘(D) ensure compliance with— 1105 and 1115 through 1119 of title 31, and sec- modification, or destruction of such informa- tions 2801 and 2805 of title 39; tion or information systems; ‘‘(i) the requirements of this subchapter; ‘‘(ii) policies and procedures as may be pre- ‘‘(E) financial management under chapter 9 ‘‘(B) determining the levels of information of title 31, and the Chief Financial Officers security appropriate to protect such infor- scribed by the Director, and information security standards promulgated under section Act of 1990 (31 U.S.C. 501 note; Public Law mation and information systems in accord- 101–576) (and the amendments made by that ance with standards promulgated under sec- 11331 of title 40; ‘‘(iii) minimally acceptable system con- Act); tion 11331 of title 40 for information security ‘‘(F) financial management systems under classifications and related requirements; figuration requirements, as determined by the agency; and the Federal Financial Management Improve- ‘‘(C) implementing policies and procedures ment Act (31 U.S.C. 3512 note); and to cost-effectively reduce risks to an accept- ‘‘(iv) any other applicable requirements, including standards and guidelines for na- ‘‘(G) internal accounting and administra- able level; and tive controls under section 3512 of title 31, ‘‘(D) periodically testing and evaluating tional security systems issued in accordance with law and as directed by the President; United States Code, (known as the ‘Federal information security controls and techniques Managers Financial Integrity Act’); and to ensure that they are effectively imple- ‘‘(3) subordinate plans for providing adequate information security for networks, fa- ‘‘(3) report any significant deficiency in a mented; policy, procedure, or practice identified ‘‘(3) delegate to the agency Chief Informa- cilities, and systems or groups of informa- under paragraph (1) or (2)— tion Officer established under section 3506 (or tion systems, as appropriate; ‘‘(A) as a material weakness in reporting comparable official in an agency not covered ‘‘(4) security awareness training to inform under section 3512 of title 31; and by such section) the authority to ensure personnel, including contractors and other ‘‘(B) if relating to financial management compliance with the requirements imposed users of information systems that support systems, as an instance of a lack of substan- on the agency under this subchapter, includ- the operations and assets of the agency, of— tial compliance under the Federal Financial ing— ‘‘(A) information security risks associated Management Improvement Act (31 U.S.C. ‘‘(A) designating a senior agency informa- with their activities; and 3512 note). tion security officer who shall— ‘‘(B) their responsibilities in complying ‘‘(d)(1) In addition to the requirements of ‘‘(i) carry out the Chief Information Offi- with agency policies and procedures designed subsection (c), each agency, in consultation cer’s responsibilities under this section; to reduce these risks; with the Director, shall include as part of ‘‘(ii) possess professional qualifications, in- ‘‘(5) periodic testing and evaluation of the the performance plan required under section cluding training and experience, required to effectiveness of information security poli- 1115 of title 31 a description of— administer the functions described under cies, procedures, and practices, to be per- ‘‘(A) the time periods, and this section; formed with a frequency depending on risk, ‘‘(B) the resources, including budget, staff- ‘‘(iii) have information security duties as but no less than annually, of which such that official’s primary duty; and testing— ing, and training, ‘‘(iv) head an office with the mission and ‘‘(A) shall include testing of management, that are necessary to implement the pro- resources to assist in ensuring agency com- operational, and technical controls of every gram required under subsection (b). pliance with this section; information system identified in the inven- ‘‘(2) The description under paragraph (1) ‘‘(B) developing and maintaining an agen- tory required under section 3505(c); and shall be based on the risk assessments re- cywide information security program as re- ‘‘(B) may include testing relied on in a quired under subsection (b)(2)(1). quired by subsection (b); evaluation under section 3535; ‘‘(e) Each agency shall provide the public ‘‘(C) developing and maintaining informa- ‘‘(6) a process for planning, implementing, with timely notice and opportunities for tion security policies, procedures, and con- evaluating, and documenting remedial ac- comment on proposed information security trol techniques to address all applicable re- tion to address any deficiencies in the infor- policies and procedures to the extent that quirements, including those issued under mation security policies, procedures, and such policies and procedures affect commu- section 3533 of this title, and section 11331 of practices of the agency; nication with the public. title 40; ‘‘(7) procedures for detecting, reporting, ‘‘§ 3535. Annual independent evaluation ‘‘(D) training and overseeing personnel and responding to security incidents, includ- ‘‘(a)(1) Each year each agency shall have with significant responsibilities for informa- ing— performed an independent evaluation of the

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10933 information security program and practices ‘‘(1) the adequacy and effectiveness of II of chapter 35 of title 44’’ after ‘‘infrastruc- of that agency to determine the effectiveness agency information security policies and ture’’. of such program and practices. practices; and (2) ATOMIC ENERGY ACT OF 1954.—Nothing in ‘‘(2) Each evaluation by an agency under ‘‘(2) implementation of the requirements of this Act shall supersede any requirement this section shall include— this subchapter. made by or under the Atomic Energy Act of ‘‘(A) testing of the effectiveness of infor- ‘‘§ 3536. National security systems 1954 (42 U.S.C. 2011 et seq.). Restricted Data mation security policies, procedures, and or Formerly Restricted Data shall be han- practices of a representative subset of the ‘‘The head of each agency operating or exercising control of a national security sys- dled, protected, classified, downgraded, and agency’s information systems; declassified in conformity with the Atomic ‘‘(B) an assessment (made on the basis of tem shall be responsible for ensuring that the agency— Energy Act of 1954 (42 U.S.C. 2011 et seq.). the results of the testing) of compliance SEC. 1002. MANAGEMENT OF INFORMATION with— ‘‘(1) provides information security protections commensurate with the risk and mag- TECHNOLOGY. ‘‘(i) the requirements of this subchapter; (a) IN GENERAL.—Section 11331 of title 40, and nitude of the harm resulting from the unauthorized access, use, disclosure, disruption, United States Code, is amended to read as ‘‘(ii) related information security policies, follows: procedures, standards, and guidelines; and modification, or destruction of the information contained in such system; ‘‘§ 11331. Responsibilities for Federal informa- ‘‘(C) separate presentations, as appro- tion systems standards priate, regarding information security relat- ‘‘(2) implements information security poli- ing to national security systems. cies and practices as required by standards ‘‘(a) DEFINITION.—In this section, the term ‘‘(b) Subject to subsection (c)— and guidelines for national security systems, ‘information security’ has the meaning given ‘‘(1) for each agency with an Inspector Gen- issued in accordance with law and as di- that term in section 3532(b)(1) of title 44. eral appointed under the Inspector General rected by the President; and ‘‘(b) REQUIREMENT TO PRESCRIBE STAND- Act of 1978, the annual evaluation required ‘‘(3) complies with the requirements of this ARDS.— by this section shall be performed by the In- subchapter. ‘‘(1) IN GENERAL.— spector General or by an independent exter- ‘‘§ 3537. Authorization of appropriations ‘‘(A) REQUIREMENT.—Except as provided under paragraph (2), the Director of the Of- nal auditor, as determined by the Inspector ‘‘There are authorized to be appropriated fice of Management and Budget shall, on the General of the agency; and to carry out the provisions of this sub- basis of proposed standards developed by the ‘‘(2) for each agency to which paragraph (1) chapter such sums as may be necessary for National Institute of Standards and Tech- does not apply, the head of the agency shall each of fiscal years 2003 through 2007. nology pursuant to paragraphs (2) and (3) of engage an independent external auditor to ‘‘§ 3538. Effect on existing law perform the evaluation. section 20(a) of the National Institute of ‘‘(c) For each agency operating or exer- ‘‘Nothing in this subchapter, section 11331 Standards and Technology Act (15 U.S.C. cising control of a national security system, of title 40, or section 20 of the National 278g–3(a)) and in consultation with the Sec- that portion of the evaluation required by Standards and Technology Act (15 U.S.C. retary of Homeland Security, promulgate in- this section directly relating to a national 278g–3) may be construed as affecting the au- formation security standards pertaining to security system shall be performed— thority of the President, the Office of Man- Federal information systems. ‘‘(1) only by an entity designated by the agement and Budget or the Director thereof, ‘‘(B) REQUIRED STANDARDS.—Standards pro- agency head; and the National Institute of Standards and mulgated under subparagraph (A) shall in- ‘‘(2) in such a manner as to ensure appro- Technology, or the head of any agency, with clude— priate protection for information associated respect to the authorized use or disclosure of ‘‘(i) standards that provide minimum infor- with any information security vulnerability information, including with regard to the mation security requirements as determined in such system commensurate with the risk protection of personal privacy under section under section 20(b) of the National Institute and in accordance with all applicable laws. 552a of title 5, the disclosure of information of Standards and Technology Act (15 U.S.C. ‘‘(d) The evaluation required by this sec- under section 552 of title 5, the management 278g–3(b)); and tion— and disposition of records under chapters 29, ‘‘(ii) such standards that are otherwise ‘‘(1) shall be performed in accordance with 31, or 33 of title 44, the management of infor- necessary to improve the efficiency of oper- generally accepted government auditing mation resources under subchapter I of chap- ation or security of Federal information sys- standards; and ter 35 of this title, or the disclosure of infor- tems. ‘‘(2) may be based in whole or in part on an mation to Congress or the Comptroller Gen- ‘‘(C) REQUIRED STANDARDS BINDING.—Infor- audit, evaluation, or report relating to pro- eral of the United States.’’. mation security standards described under grams or practices of the applicable agency. (2) CLERICAL AMENDMENT.—The items in subparagraph (B) shall be compulsory and ‘‘(e) Each year, not later than such date es- the table of sections at the beginning of such binding. tablished by the Director, the head of each chapter 35 under the heading ‘‘SUB- ‘‘(2) STANDARDS AND GUIDELINES FOR NA- agency shall submit to the Director the re- CHAPTER II’’ are amended to read as fol- TIONAL SECURITY SYSTEMS.—Standards and sults of the evaluation required under this lows: guidelines for national security systems, as section. ‘‘3531. Purposes. defined under section 3532(3) of title 44, shall ‘‘(f) Agencies and evaluators shall take ap- ‘‘3532. Definitions. be developed, promulgated, enforced, and propriate steps to ensure the protection of ‘‘3533. Authority and functions of the Direc- overseen as otherwise authorized by law and information which, if disclosed, may ad- tor. as directed by the President. versely affect information security. Such ‘‘3534. Federal agency responsibilities. ‘‘(c) APPLICATION OF MORE STRINGENT protections shall be commensurate with the ‘‘3535. Annual independent evaluation. STANDARDS.—The head of an agency may em- risk and comply with all applicable laws and ‘‘3536. National security systems. ploy standards for the cost-effective infor- regulations. ‘‘3537. Authorization of appropriations. mation security for all operations and assets ‘‘(g)(1) The Director shall summarize the ‘‘3538. Effect on existing law.’’. within or under the supervision of that agen- results of the evaluations conducted under (c) INFORMATION SECURITY RESPONSIBIL- cy that are more stringent than the stand- this section in the report to Congress re- ITIES OF CERTAIN AGENCIES.— ards promulgated by the Director under this quired under section 3533(a)(8). (1) NATIONAL SECURITY RESPONSIBILITIES.— ‘‘(2) The Director’s report to Congress section, if such standards— under this subsection shall summarize infor- (A) Nothing in this Act (including any ‘‘(1) contain, at a minimum, the provisions mation regarding information security relat- amendment made by this Act) shall super- of those applicable standards made compul- ing to national security systems in such a sede any authority of the Secretary of De- sory and binding by the Director; and manner as to ensure appropriate protection fense, the Director of Central Intelligence, or ‘‘(2) are otherwise consistent with policies for information associated with any informa- other agency head, as authorized by law and and guidelines issued under section 3533 of tion security vulnerability in such system as directed by the President, with regard to title 44. commensurate with the risk and in accord- the operation, control, or management of na- ‘‘(d) REQUIREMENTS REGARDING DECISIONS ance with all applicable laws. tional security systems, as defined by sec- BY DIRECTOR.— ‘‘(3) Evaluations and any other description 3532(3) of title 44, United States Code. ‘‘(1) DEADLINE.—The decision regarding the tions of information systems under the au- (B) Section 2224 of title 10, United States promulgation of any standard by the Direc- thority and control of the Director of Cen- Code, is amended— tor under subsection (b) shall occur not later tral Intelligence or of National Foreign In- (i) in subsection 2224(b), by striking ‘‘(b) than 6 months after the submission of the telligence Programs systems under the au- OBJECTIVES AND MINIMUM REQUIREMENTS.— proposed standard to the Director by the Na- thority and control of the Secretary of De- (1)’’ and inserting ‘‘(b) OBJECTIVES OF THE tional Institute of Standards and Tech- fense shall be made available to Congress PROGRAM.—’’; nology, as provided under section 20 of the only through the appropriate oversight com- (ii) in subsection 2224(b), by striking ‘‘(2) National Institute of Standards and Tech- mittees of Congress, in accordance with ap- the program shall at a minimum meet the nology Act (15 U.S.C. 278g–3). plicable laws. requirements of section 3534 and 3535 of title ‘‘(2) NOTICE AND COMMENT.—A decision by ‘‘(h) The Comptroller General shall peri- 44, United States Code.’’; and the Director to significantly modify, or not odically evaluate and report to Congress (iii) in subsection 2224(c), by inserting ‘‘, promulgate, a proposed standard submitted on— including through compliance with subtitle to the Director by the National Institute of

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10934 CONGRESSIONAL RECORD — SENATE November 13, 2002 Standards and Technology, as provided ‘‘(2) provide the public with an opportunity ‘‘(2) the term ‘information security’ has under section 20 of the National Institute of to comment on proposed standards and the same meaning as provided in section Standards and Technology Act (15 U.S.C. guidelines; 3532(1) of such title; 278g–3), shall be made after the public is ‘‘(3) submit to the Director of the Office of ‘‘(3) the term ‘information system’ has the given an opportunity to comment on the Di- Management and Budget for promulgation same meaning as provided in section 3502(8) rector’s proposed decision.’’. under section 11331 of title 40, United States of such title; (b) CLERICAL AMENDMENT.—The table of Code— ‘‘(4) the term ‘information technology’ has sections at the beginning of chapter 113 of ‘‘(A) standards, as required under sub- the same meaning as provided in section title 40, United States Code, is amended by section (b)(1)(A), no later than 12 months 11101 of title 40, United States Code; and striking the item relating to section 11331 after the date of the enactment of this sec- ‘‘(5) the term ‘national security system’ and inserting the following: tion; and has the same meaning as provided in section 3532(b)(2) of such title.’’. ‘‘11331. Responsibilities for Federal informa- ‘‘(B) minimum information security re- tion systems standards.’’. quirements for each category, as required SEC. 1004. INFORMATION SECURITY AND PRI- under subsection (b)(1)(C), no later than 36 VACY ADVISORY BOARD. SEC. 1003. NATIONAL INSTITUTE OF STANDARDS months after the date of the enactment of Section 21 of the National Institute of AND TECHNOLOGY. this section; Standards and Technology Act (15 U.S.C. Section 20 of the National Institute of ‘‘(4) issue guidelines as required under sub- 278g–4), is amended— Standards and Technology Act (15 U.S.C. section (b)(1)(B), no later than 18 months (1) in subsection (a), by striking ‘‘Com- 278g–3), is amended by striking the text and after the date of the enactment of this Act; puter System Security and Privacy Advisory inserting the following: ‘‘(5) ensure that such standards and guide- Board’’ and inserting ‘‘Information Security ‘‘(a) The Institute shall— lines do not require specific technological so- and Privacy Advisory Board’’; ‘‘(1) have the mission of developing stand- lutions or products, including any specific (2) in subsection (a)(1), by striking ‘‘com- ards, guidelines, and associated methods and hardware or software security solutions; puter or telecommunications’’ and inserting techniques for information systems; ‘‘(6) ensure that such standards and guide- ‘‘information technology’’; ‘‘(2) develop standards and guidelines, in- lines provide for sufficient flexibility to per- (3) in subsection (a)(2)— cluding minimum requirements, for informa- mit alternative solutions to provide equiva- (A) by striking ‘‘computer or telecommunications technology’’ and inserting tion systems used or operated by an agency lent levels of protection for identified infor- ‘‘information technology’’; and or by a contractor of an agency or other or- mation security risks; and (B) by striking ‘‘computer or telecommuni- ganization on behalf of an agency, other ‘‘(7) use flexible, performance-based stand- cations equipment’’ and inserting ‘‘informa- than national security systems (as defined in ards and guidelines that, to the greatest ex- tion technology’’; section 3532(b)(2) of title 44, United States tent possible, permit the use of off-the-shelf (4) in subsection (a)(3)— Code); commercially developed information secu- (A) by striking ‘‘computer systems’’ and ‘‘(3) develop standards and guidelines, in- rity products. cluding minimum requirements, for pro- inserting ‘‘information system’’; and viding adequate information security for all ‘‘(d) The Institute shall— (B) by striking ‘‘computer systems secu- agency operations and assets, but such ‘‘(1) submit standards developed pursuant rity’’ and inserting ‘‘information security’’; standards and guidelines shall not apply to to subsection (a), along with recommenda- (5) in subsection (b)(1) by striking ‘‘com- national security systems; and tions as to the extent to which these should puter systems security’’ and inserting ‘‘in- ‘‘(4) carry out the responsibilities described be made compulsory and binding, to the Di- formation security’’; in paragraph (3) through the Computer Secu- rector of the Office of Management and (6) in subsection (b) by striking paragraph rity Division. Budget for promulgation under section 11331 (2) and inserting the following: ‘‘(b) The standards and guidelines required of title 40, United States Code; ‘‘(2) to advise the Institute and the Direc- by subsection (a) shall include, at a min- ‘‘(2) provide assistance to agencies regard- tor of the Office of Management and Budget imum— ing— on information security and privacy issues ‘‘(1)(A) standards to be used by all agencies ‘‘(A) compliance with the standards and pertaining to Federal Government informa- to categorize all information and informa- guidelines developed under subsection (a); tion systems, including through review of tion systems collected or maintained by or ‘‘(B) detecting and handling information proposed standards and guidelines developed on behalf of each agency based on the objec- security incidents; and under section 20; and’’; tives of providing appropriate levels of infor- ‘‘(C) information security policies, proce- (7) in subsection (b)(3) by inserting ‘‘annu- mation security according to a range of risk dures, and practices; ally’’ after ‘‘report’’; levels; ‘‘(3) conduct research, as needed, to deter- (8) by inserting after subsection (e) the fol- ‘‘(B) guidelines recommending the types of mine the nature and extent of information lowing new subsection: information and information systems to be security vulnerabilities and techniques for ‘‘(f) The Board shall hold meetings at such included in each such category; and providing cost-effective information secu- locations and at such time and place as de- ‘‘(C) minimum information security re- rity; termined by a majority of the Board.’’; quirements for information and information ‘‘(4) develop and periodically revise per- (9) by redesignating subsections (f) and (g) systems in each such category; formance indicators and measures for agency as subsections (g) and (h), respectively; and ‘‘(2) a definition of and guidelines con- information security policies and practices; (10) by striking subsection (h), as redesig- cerning detection and handling of informa- ‘‘(5) evaluate private sector information nated by paragraph (9), and inserting the fol- tion security incidents; and security policies and practices and commer- lowing: ‘‘(h) As used in this section, the terms ‘‘in- ‘‘(3) guidelines developed in coordination cially available information technologies to formation system’’ and ‘‘information tech- with the National Security Agency for iden- assess potential application by agencies to nology’’ have the meanings given in section tifying an information system as a national strengthen information security; 20.’’. security system consistent with applicable ‘‘(6) evaluate security policies and prac- requirements for national security systems, tices developed for national security systems SEC. 1005. TECHNICAL AND CONFORMING AMENDMENTS. issued in accordance with law and as di- to assess potential application by agencies to (a) FEDERAL COMPUTER SYSTEM SECURITY rected by the President. strengthen information security; ‘‘(7) periodically assess the effectiveness of TRAINING AND PLAN.— ‘‘(c) In developing standards and guidelines (1) REPEAL.—Section 11332 of title 40, required by subsections (a) and (b), the Insti- standards and guidelines developed under this section and undertake revisions as ap- United States Code, is repealed. tute shall— (2) CLERICAL AMENDMENT.—The table of ‘‘(1) consult with other agencies and offices propriate; ‘‘(8) solicit and consider the recommenda- sections at the beginning of chapter 113 of (including, but not limited to, the Director title 40, United States Code, as amended by of the Office of Management and Budget, the tions of the Information Security and Pri- vacy Advisory Board, established by section striking the item relating to section 11332. Departments of Defense and Energy, the Na- (b) FLOYD D. SPENCE NATIONAL DEFENSE tional Security Agency, the General Ac- 21, regarding standards and guidelines developed under subsection (a) and submit such AUTHORIZATION ACT FOR FISCAL YEAR 2001.— counting Office, and the Secretary of Home- The Floyd D. Spence National Defense Au- recommendations to the Director of the Of- land Security) to assure— thorization Act for Fiscal Year 2001 (Public fice of Management and Budget with such ‘‘(A) use of appropriate information secu- Law 106–398) is amended by striking subtitle standards submitted to the Director; and rity policies, procedures, and techniques, in G of title X (44 U.S.C. 3531 note). ‘‘(9) prepare an annual public report on ac- order to improve information security and (c) PAPERWORK REDUCTION ACT.—(1) Sec- avoid unnecessary and costly duplication of tivities undertaken in the previous year, and tion 3504(g) of title 44, United States Code, is effort; and planned for the coming year, to carry out re- amended— ‘‘(B) that such standards and guidelines are sponsibilities under this section. (A) by adding ‘‘and’’ at the end of para- complementary with standards and guide- ‘‘(e) As used in this section— graph (1); lines employed for the protection of national ‘‘(1) the term ‘agency’ has the same mean- (B) in paragraph (2)— security systems and information contained ing as provided in section 3502(1) of title 44, (i) by striking ‘‘sections 11331 and 11332(b) in such systems; United States Code; and (c) of title 40’’ and inserting ‘‘section

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10935 11331 of title 40 and subchapter II of this (A) by inserting ‘‘Attorney General,’’ after (2) the functions transferred by subsection title’’; and ‘‘President,’’; and (c); and (ii) by striking the semicolon and inserting (B) by redesignating paragraphs (8), (9), (8) (3) any other function related to the inves- a period; and (as added by section 372 of Public Law 104– tigation of violent crime or domestic ter- (C) by striking paragraph (3). 208), and (9) (as added by section 372 of Public rorism that is delegated to the Bureau by (2) Section 3505 of such title is amended by Law 104–208) as paragraphs (8), (9), (10), and the Attorney General. adding at the end the following: (11), respectively; and (c) TRANSFER OF AUTHORITIES, FUNCTIONS, ‘‘(c) INVENTORY OF INFORMATION SYSTEMS.— (3) by adding at the end the following new PERSONNEL, AND ASSETS TO THE DEPARTMENT (1) The head of each agency shall develop and subsection: OF JUSTICE.— maintain an inventory of the information ‘‘(g) ATTORNEY GENERAL.— (1) IN GENERAL.—Subject to paragraph (2), systems (including national security sys- ‘‘(1) IN GENERAL.—The Attorney General but notwithstanding any other provision of tems) operated by or under the control of shall have such authorities and functions law, there are transferred to the Department such agency; under this Act and all other laws relating to of Justice the authorities, functions, per- ‘‘(2) The identification of information sys- the immigration and naturalization of aliens sonnel, and assets of the Bureau of Alcohol, tems in an inventory under this subsection as were exercised by the Executive Office for Tobacco and Firearms, which shall be main- shall include an identification of the inter- Immigration Review, or by the Attorney tained as a distinct entity within the De- faces between each such system and all other General with respect to the Executive Office partment of Justice, including the related systems or networks, including those not op- for Immigration Review, on the day before functions of the Secretary of the Treasury. erated by or under the control of the agency; the effective date of the Immigration Re- (2) ADMINISTRATION AND REVENUE COLLEC- ‘‘(3) Such inventory shall be— form, Accountability and Security Enhance- TION FUNCTIONS.—There shall be retained ‘‘(A) updated at least annually; ment Act of 2002. within the Department of the Treasury the ‘‘(B) made available to the Comptroller ‘‘(2) POWERS.—The Attorney General shall authorities, functions, personnel, and assets General; and establish such regulations, prescribe such of the Bureau of Alcohol, Tobacco and Fire- ‘‘(C) used to support information resources forms of bond, reports, entries, and other pa- arms relating to the administration and en- management, including— pers, issue such instructions, review such ad- forcement of chapters 51 and 52 of the Inter- ‘‘(i) preparation and maintenance of the in- ministrative determinations in immigration nal Revenue Code of 1986, sections 4181 and ventory of information resources under sec- proceedings, delegate such authority, and 4182 of the Internal Revenue Code of 1986, and tion 3506(b)(4); perform such other acts as the Attorney title 27, United States Code. ‘‘(ii) information technology planning, General determines to be necessary for car- (3) BUILDING PROSPECTUS.—Prospectus budgeting, acquisition, and management rying out this section.’’. PDC-98W10, giving the General Services Ad- under section 3506(h), subtitle III of title 40, SEC. 1103. STATUTORY CONSTRUCTION. ministration the authority for site acquisi- and related laws and guidance; Nothing in this Act, any amendment made tion, design, and construction of a new head- ‘‘(iii) monitoring, testing, and evaluation by this Act, or in section 103 of the Immigra- quarters building for the Bureau of Alcohol, of information security controls under sub- tion and Nationality Act, as amended by sec- Tobacco and Firearms, is transferred, and chapter II; tion 1102, shall be construed to limit judicial deemed to apply, to the Bureau of Alcohol, ‘‘(iv) preparation of the index of major in- deference to regulations, adjudications, in- Tobacco, Firearms, and Explosives estab- formation systems required under section terpretations, orders, decisions, judgments, lished in the Department of Justice under 552(g) of title 5, United States Code; and or any other actions of the Secretary of subsection (a). ‘‘(v) preparation of information system in- Homeland Security or the Attorney General. (d) TAX AND TRADE BUREAU.— ventories required for records management Subtitle B—Transfer of the Bureau of Alco- (1) ESTABLISHMENT.—There is established under chapters 21, 29, 31, and 33. within the Department of the Treasury the ‘‘(4) The Director shall issue guidance for hol, Tobacco and Firearms to the Depart- ment of Justice Tax and Trade Bureau. and oversee the implementation of the re- (2) ADMINISTRATOR.—The Tax and Trade quirements of this subsection.’’. SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIRE- ARMS, AND EXPLOSIVES. Bureau shall be headed by an Administrator, (3) Section 3506(g) of such title is amend- who shall perform such duties as assigned by ed— (a) ESTABLISHMENT.— (1) IN GENERAL.—There is established with- the Under Secretary for Enforcement of the (A) by adding ‘‘and’’ at the end of para- Department of the Treasury. The Adminis- graph (1); in the Department of Justice under the general authority of the Attorney General the trator shall occupy a career-reserved posi- (B) in paragraph (2)— tion within the Senior Executive Service. (i) by striking ‘‘section 11332 of title 40’’ Bureau of Alcohol, Tobacco, Firearms, and (3) RESPONSIBILITIES.—The authorities, and inserting ‘‘subchapter II of this chap- Explosives (in this section referred to as the ‘‘Bureau’’). functions, personnel, and assets of the Bu- ter’’; and reau of Alcohol, Tobacco and Firearms that (ii) by striking ‘‘; and’’ and inserting a pe- (2) DIRECTOR.—There shall be at the head of the Bureau a Director, Bureau of Alcohol, are not transferred to the Department of riod; and Justice under this section shall be retained (C) by striking paragraph (3). Tobacco, Firearms, and Explosives (in this subtitle referred to as the ‘‘Director’’). The and administered by the Tax and Trade Bu- SEC. 1006. CONSTRUCTION. reau. Nothing in this Act, or the amendments Director shall be appointed by the Attorney SEC. 1112. TECHNICAL AND CONFORMING made by this Act, affects the authority of General and shall perform such functions as the Attorney General shall direct. The Direc- AMENDMENTS. the National Institute of Standards and (a) The Inspector General Act of 1978 (5 Technology or the Department of Commerce tor shall receive compensation at the rate prescribed by law under section 5314 of title U.S.C. App.) is amended— relating to the development and promulga- (1) in section 8D(b)(1) by striking ‘‘Bureau tion of standards or guidelines under para- V, United States Code, for positions at level III of the Executive Schedule. of Alcohol, Tobacco and Firearms’’ and in- graphs (1) and (2) of section 20(a) of the Na- serting ‘‘Tax and Trade Bureau’’; and tional Institute of Standards and Technology (3) COORDINATION.—The Attorney General, (2) in section 9(a)(1)(L)(i), by striking ‘‘Bu- Act (15 U.S.C. 278g–3(a)). acting through the Director and such other officials of the Department of Justice as the reau of Alcohol, Tobacco, and Firearms’’ and TITLE XI—DEPARTMENT OF JUSTICE Attorney General may designate, shall pro- inserting ‘‘Tax and Trade Bureau’’. DIVISIONS vide for the coordination of all firearms, ex- (b) Section 1109(c)(2)(A)(i) of the Consoli- Subtitle A—Executive Office for Immigration plosives, tobacco enforcement, and arson en- dated Omnibus Budget Reconciliation Act of Review forcement functions vested in the Attorney 1985 (7 U.S.C. 1445-3(c)(2)(A)(i)) is amended by striking ‘‘(on ATF Form 3068) by manufac- SEC. 1101. LEGAL STATUS OF EOIR. General so as to assure maximum coopera- turers of tobacco products to the Bureau of (a) EXISTENCE OF EOIR.—There is in the tion between and among any officer, em- Alcohol, Tobacco and Firearms’’ and insert- Department of Justice the Executive Office ployee, or agency of the Department of Jus- ing ‘‘by manufacturers of tobacco products for Immigration Review, which shall be sub- tice involved in the performance of these and to the Tax and Trade Bureau’’. ject to the direction and regulation of the related functions. Attorney General under section 103(g) of the (c) Section 2(4)(J) of the Enhanced Border (4) PERFORMANCE OF TRANSFERRED FUNC- Immigration and Nationality Act, as added Security and Visa Entry Reform Act of 2002 TIONS.—The Attorney General may make by section 1102. (Public Law 107-173; 8 U.S.C.A. 1701(4)(J)) is such provisions as the Attorney General de- amended by striking ‘‘Bureau of Alcohol, To- SEC. 1102. AUTHORITIES OF THE ATTORNEY GEN- termines appropriate to authorize the per- ERAL. bacco, and Firearms’’ and inserting ‘‘Bureau formance by any officer, employee, or agen- Section 103 of the Immigration and Nation- of Alcohol, Tobacco, Firearms, and Explo- cy of the Department of Justice of any func- ality Act (8 U.S.C. 1103) as amended by this sives, Department of Justice’’. tion transferred to the Attorney General Act, is further amended by— (d) Section 3(1)(E) of the Firefighters’ Safe- under this section. (1) amending the heading to read as fol- ty Study Act (15 U.S.C. 2223b(1)(E)) is amend- (b) RESPONSIBILITIES.—Subject to the di- lows: ed by striking ‘‘the Bureau of Alcohol, To- rection of the Attorney General, the Bureau bacco, and Firearms,’’ and inserting ‘‘the Bu- ‘‘POWERS AND DUTIES OF THE SECRETARY, THE shall be responsible for investigating— reau of Alcohol, Tobacco, Firearms, and Ex- UNDER SECRETARY, AND THE ATTORNEY GEN- (1) criminal and regulatory violations of plosives, Department of Justice,’’. ERAL’’; the Federal firearms, explosives, arson, alco- (e) Chapter 40 of title 18, United States (2) in subsection (a)— hol, and tobacco smuggling laws; Code, is amended—

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(1) by striking section 841(k) and inserting ‘‘(B) USE OF EXISTING RULINGS AND INTER- (1) in subsection (a), by striking ‘‘(b) and the following: PRETATIONS.—Nothing in this Act alters or (c)’’ and inserting ‘‘(b), (c), and (d)’’; ‘‘(k) ‘Attorney General’ means the Attor- repeals the rulings and interpretations of the (2) by redesignating subsection (d) as sub- ney General of the United States.’’; Bureau of Alcohol, Tobacco, and Firearms in section (e); and (2) in section 846(a), by striking ‘‘the At- effect on the effective date of the Homeland (3) by inserting after subsection (c), the torney General and the Federal Bureau of In- Security Act of 2002, which concern the pro- following: vestigation, together with the Secretary’’ visions of this title referred to in subpara- ‘‘(d) ATTORNEY GENERAL.—The Attorney and inserting ‘‘the Federal Bureau of Inves- graph (A). The Attorney General shall con- General, or officers, employees, or agents of tigation, together with the Bureau of Alco- sult with the Secretary to achieve uni- the Bureau of Alcohol, Tobacco, Firearms, hol, Tobacco, Firearms, and Explosives’’; and formity and consistency in administering and Explosives, Department of Justice des- (3) by striking ‘‘Secretary’’ each place it provisions under chapter 53 of title 26, ignated by the Attorney General, shall carry appears and inserting ‘‘Attorney General’’. United States Code.’’. out the laws referred to in section 80306(b) of (f) Chapter 44 of title 18, United States (l) Section 2006(2) of title 28, United States this title to the extent that the violation of Code, is amended— Code, is amended by inserting ‘‘, the Direc- (1) in section 921(a)(4)(B), by striking ‘‘Sec- this chapter involves contraband described tor, Bureau of Alcohol, Tobacco, Firearms, retary’’ and inserting ‘‘Attorney General’’; in section 80302 (a)(2) or (a)(5).’’. and Explosives, Department of Justice,’’ (2) in section 921(a)(4), by striking ‘‘Sec- (s) Section 103 of the Gun Control Act of after ‘‘the Secretary of the Treasury’’. retary of the Treasury’’ and inserting ‘‘At- 1968 (Public Law 90–618; 82 Stat. 1226) is (m) Section 713 of title 31, United States torney General’’; amended by striking ‘‘Secretary of the Code, is amended— (3) in section 921(a), by striking paragraph Treasury’’ and inserting ‘‘Attorney Gen- (1) by striking the section heading and in- (18) and inserting the following: eral’’. serting the following: ‘‘(18) The term ‘Attorney General’ means SEC. 1113. POWERS OF AGENTS OF THE BUREAU the Attorney General of the United States’’; ‘‘§ 713. Audit of Internal Revenue Service, Tax OF ALCOHOL, TOBACCO, FIREARMS, (4) in section 922(p)(5)(A), by striking and Trade Bureau, and Bureau of Alcohol, AND EXPLOSIVES. ‘‘after consultation with the Secretary’’ and Tobacco, Firearms, and Explosives’’; Chapter 203 of title 18, United States Code, inserting ‘‘after consultation with the Attor- (2) in subsection (a), by striking ‘‘Bureau is amended by adding the following: ney General’’; of Alcohol, Tobacco, and Firearms,’’ and in- ‘‘§ 3051. Powers of Special Agents of Bureau (5) in section 923(l), by striking ‘‘Secretary serting ‘‘Tax and Trade Bureau, Department of Alcohol, Tobacco, Firearms, and Explo- of the Treasury’’ and inserting ‘‘Attorney of the Treasury, and the Bureau of Alcohol, sives. General’’; and Tobacco, Firearms, and Explosives, Depart- ‘‘(a) Special agents of the Bureau of Alco- (6) by striking ‘‘Secretary’’ each place it ment of Justice’’; and hol, Tobacco, Firearms, and Explosives, as appears, except before ‘‘of the Army’’ in sec- (3) in subsection (b) well as any other investigator or officer tion 921(a)(4) and before ‘‘of Defense’’ in sec- (A) in paragraph (1)(B), by striking ‘‘or the charged by the Attorney General with the tion 922(p)(5)(A), and inserting the term ‘‘At- Bureau’’ and inserting ‘‘or either Bureau’’; torney General’’. duty of enforcing any of the criminal, sei- (B) in paragraph (2)— zure, or forfeiture provisions of the laws of (g) Section 1261(a) of title 18, United States (i) by striking ‘‘or the Bureau’’ and insert- Code, is amended to read as follows: the United States, may carry firearms, serve ing ‘‘or either Bureau’’; and warrants and subpoenas issued under the au- ‘‘(a) The Attorney General— (ii) by striking ‘‘and the Director of the ‘‘(1) shall enforce the provisions of this thority of the United States and make ar- Bureau’’ and inserting ‘‘the Tax and Trade rests without warrant for any offense chapter; and Bureau, Department of the Treasury, and the ‘‘(2) has the authority to issue regulations against the United States committed in Director of the Bureau of Alcohol, Tobacco, their presence, or for any felony cognizable to carry out the provisions of this chapter.’’. Firearms, and Explosives, Department of (h) Section 1952(c) of title 18, United States under the laws of the United States if they Justice’’; and Code, is amended by striking ‘‘Secretary of have reasonable grounds to believe that the (C) in paragraph (3), by striking ‘‘or the the Treasury’’ and inserting ‘‘Attorney Gen- person to be arrested has committed or is eral’’. Bureau’’ and inserting ‘‘or either Bureau’’. committing such felony. (n) Section 9703 of title 31, United States (i) Chapter 114 of title 18, United States ‘‘(b) Any special agent of the Bureau of Al- Code, is amended— Code, is amended— cohol, Tobacco, Firearms, and Explosives (1) in subsection (a)(2)(B)— (1) by striking section 2341(5), and inserting may, in respect to the performance of his or (A) in clause (iii)(III), by inserting ‘‘and’’ the following: her duties, make seizures of property subject after the semicolon; ‘‘(5) the term ‘Attorney General’ means the to forfeiture to the United States. (B) in clause (iv), by striking ‘‘; and’’ and Attorney General of the United States’’; and ‘‘(c)(1) Except as provided in paragraphs (2) inserting a period; and (2) by striking ‘‘Secretary’’ each place it and (3), and except to the extent that such (C) by striking clause (v); appears and inserting ‘‘Attorney General’’. provisions conflict with the provisions of (2) by striking subsection (o); (j) Section 6103(i)(8)(A)(i) of the Internal section 983 of title 18, United States Code, in- (3) by redesignating existing subsection (p) Revenue Code of 1986 (relating to confiden- sofar as section 983 applies, the provisions of as subsection (o); and tiality and disclosure of returns and return the Customs laws relating to— (4) in subsection (o)(1), as redesignated by information) is amended by striking ‘‘or the ‘‘(A) the seizure, summary and judicial for- paragraph (3), by striking ‘‘Bureau of Alco- Bureau of Alcohol, Tobacco and Firearms’’ feiture, and condemnation of property; hol, Tobacco and Firearms’’ and inserting and inserting ‘‘, the Bureau of Alcohol, To- ‘‘(B) the disposition of such property; bacco, Firearms, and Explosives, Depart- ‘‘Tax and Trade Bureau’’. ‘‘(C) the remission or mitigation of such ment of Justice, or the Tax and Trade Bu- (o) Section 609N(2)(L) of the Justice Assist- forfeiture; and reau, Department of the Treasury,’’. ance Act of 1984 (42 U.S.C. 10502(2)(L)) is (k) Section 7801(a) of the Internal Revenue amended by striking ‘‘Bureau of Alcohol, To- ‘‘(D) the compromise of claims, Code of 1986 (relating to the authority of the bacco, and Firearms’’ and inserting ‘‘Bureau shall apply to seizures and forfeitures in- Department of the Treasury) is amended— of Alcohol, Tobacco, Firearms, and Explo- curred, or alleged to have been incurred, (1) by striking ‘‘SECRETARY.—Except’’ and sives, Department of Justice’’. under any applicable provision of law en- inserting ‘‘SECRETARY.— (p) Section 32401(a) of the Violent Crime forced or administered by the Bureau of Al- ‘‘(1) IN GENERAL.—Except’’; and Control and Law Enforcement Act of 1994 (42 cohol, Tobacco, Firearms, and Explosives. (2) by adding at the end the following: U.S.C. 13921(a)) is amended— ‘‘(2) For purposes of paragraph (1), duties ‘‘(2) ADMINISTRATION AND ENFORCEMENT OF (1) by striking ‘‘Secretary of the Treasury’’ that are imposed upon a customs officer or CERTAIN PROVISIONS BY ATTORNEY GENERAL.— each place it appears and inserting ‘‘Attor- any other person with respect to the seizure ‘‘(A) IN GENERAL.—The administration and ney General’’; and and forfeiture of property under the customs enforcement of the following provisions of (2) in subparagraph (3)(B), by striking ‘‘Bu- laws of the United States shall be performed this title shall be performed by or under the reau of Alcohol, Tobacco and Firearms’’ and with respect to seizures and forfeitures of supervision of the Attorney General; and the inserting ‘‘Bureau of Alcohol, Tobacco, Fire- property under this section by such officers, term ‘Secretary’ or ‘Secretary of the Treas- arms, and Explosives, Department of Jus- agents, or any other person as may be au- ury’ shall, when applied to those provisions, tice’’. thorized or designated for that purpose by mean the Attorney General; and the term (q) Section 80303 of title 49, United States the Attorney General. ‘internal revenue officer’ shall, when applied Code, is amended— ‘‘(3) Notwithstanding any other provision to those provisions, mean any officer of the (1) by inserting ‘‘or, when the violation of of law, the disposition of firearms forfeited Bureau of Alcohol, Tobacco, Firearms, and this chapter involves contraband described by reason of a violation of any law of the Explosives so designated by the Attorney in paragraph (2) or (5) of section 80302(a), the United States shall be governed by the provi- General: Attorney General’’ after ‘‘section 80304 of sions of section 5872(b) of the Internal Rev- ‘‘(i) Chapter 53. this title.’’; and enue Code of 1986.’’. ‘‘(ii) Chapters 61 through 80, to the extent (2) by inserting ‘‘, the Attorney General,’’ SEC. 1114. EXPLOSIVES TRAINING AND RE- such chapters relate to the enforcement and after ‘‘by the Secretary’’. SEARCH FACILITY. administration of the provisions referred to (r) Section 80304 of title 49, United States (a) ESTABLISHMENT.—There is established in clause (i). Code, is amended— within the Bureau an Explosives Training

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10937 and Research Facility at Fort AP Hill, Fred- ‘‘(1) a licensee; renewal of such permit, a holder of a limited ericksburg, Virginia. ‘‘(2) a holder of a user permit; or permit, only as provided in subsection (b)(4). (b) PURPOSE.—The facility established ‘‘(3) a holder of a limited permit who is a (g) POSTING OF PERMITS.—Section 843(g) of under subsection (a) shall be utilized to train resident of the State where distribution is title 18, United States Code, is amended by Federal, State, and local law enforcement of- made and in which the premises of the trans- inserting ‘‘user’’ before ‘‘permits’’. ficers to— feror are located.’’. (h) BACKGROUND CHECKS; CLEARANCES.— (1) investigate bombings and explosions; (c) LICENSES AND USER PERMITS.—Section Section 843 of title 18, United States Code, is (2) properly handle, utilize, and dispose of 843(a) of title 18, United States Code, is amended by adding at the end the following: explosive materials and devices; amended— ‘‘(h)(1) If the Secretary receives, from an (3) train canines on explosive detection; (1) in the first sentence— employer, the name and other identifying in- and (A) by inserting ‘‘or limited permit’’ after formation of a responsible person or an em- (4) conduct research on explosives. ‘‘user permit’’; and ployee who will be authorized by the em- (c) AUTHORIZATION OF APPROPRIATIONS.— (B) by inserting before the period at the ployer to possess explosive materials in the (1) IN GENERAL.—There are authorized to be end the following: ‘‘, including the names of course of employment with the employer, appropriated such sums as may be necessary and appropriate identifying information re- the Secretary shall determine whether the responsible person or employee is one of the to establish and maintain the facility estab- garding all employees who will be authorized persons described in any paragraph of sec- lished under subsection (a). by the applicant to possess explosive mate- tion 842(i). In making the determination, the (2) AVAILABILITY OF FUNDS.—Any amounts rials, as well as fingerprints and a photo- Secretary may take into account a letter or appropriated pursuant to paragraph (1) shall graph of each responsible person’’; remain available until expended. document issued under paragraph (2). (2) in the second sentence, by striking ‘‘(2)(A) If the Secretary determines that SEC. 1115. PERSONNEL MANAGEMENT DEM- ‘‘$200 for each’’ and inserting ‘‘$50 for a lim- the responsible person or the employee is not ONSTRATION PROJECT. ited permit and $200 for any other’’; and one of the persons described in any para- Notwithstanding any other provision of (3) by striking the third sentence and in- graph of section 842(i), the Secretary shall law, the Personnel Management Demonstra- serting ‘‘Each license or user permit shall be notify the employer in writing or electroni- tion Project established under section 102 of valid for not longer than 3 years from the cally of the determination and issue, to the title I of Division C of the Omnibus Consoli- date of issuance and each limited permit responsible person or employee, a letter of dated and Emergency Supplemental Appro- shall be valid for not longer than 1 year from clearance, which confirms the determina- priations Act for Fiscal Year 1999 (Pub. L. the date of issuance. Each license or permit tion. 105–277; 122 Stat. 2681–585) shall be trans- shall be renewable upon the same conditions ‘‘(B) If the Secretary determines that the ferred to the Attorney General of the United and subject to the same restrictions as the responsible person or employee is one of the States for continued use by the Bureau of Al- original license or permit, and upon payment persons described in any paragraph of sec- cohol, Tobacco, Firearms, and Explosives, of a renewal fee not to exceed one-half of the tion 842(i), the Secretary shall notify the em- Department of Justice, and the Secretary of original fee.’’. ployer in writing or electronically of the de- the Treasury for continued use by the Tax (d) CRITERIA FOR APPROVING LICENSES AND termination and issue to the responsible per- and Trade Bureau. PERMITS.—Section 843(b) of title 18, United son or the employee, as the case may be, a Subtitle C—Explosives States Code, is amended— document that— SEC. 1121. SHORT TITLE. (1) by striking paragraph (1) and inserting ‘‘(i) confirms the determination; This subtitle may be referred to as the the following: ‘‘(ii) explains the grounds for the deter- ‘‘Safe Explosives Act’’. ‘‘(1) the applicant (or, if the applicant is a mination; SEC. 1122. PERMITS FOR PURCHASERS OF EXPLO- corporation, partnership, or association, ‘‘(iii) provides information on how the dis- SIVES. each responsible person with respect to the ability may be relieved; and (a) DEFINITIONS.—Section 841 of title 18, applicant) is not a person described in sec- ‘‘(iv) explains how the determination may United States Code, is amended— tion 842(i);’’; be appealed.’’. (1) by striking subsection (j) and inserting (2) in paragraph (4)— (i) EFFECTIVE DATE.— the following: (A) by inserting ‘‘(A) the Secretary verifies (1) IN GENERAL.—The amendments made by ‘‘(j) ‘Permittee’ means any user of explo- by inspection or, if the application is for an this section shall take effect 180 days after sives for a lawful purpose, who has obtained original limited permit or the first or second the date of enactment of this Act. either a user permit or a limited permit renewal of such a permit, by such other (2) EXCEPTION.—Notwithstanding any pro- under the provisions of this chapter.’’; and means as the Secretary determines appro- vision of this Act, a license or permit issued (2) by adding at the end the following: priate, that’’ before ‘‘the applicant’’; and under section 843 of title 18, United States ‘‘(r) ‘Alien’ means any person who is not a (B) by adding at the end the following: Code, before the date of enactment of this citizen or national of the United States. ‘‘(B) subparagraph (A) shall not apply to an Act, shall remain valid until that license or ‘‘(s) ‘Responsible person’ means an indi- applicant for the renewal of a limited permit permit is revoked under section 843(d) or ex- vidual who has the power to direct the man- if the Secretary has verified, by inspection pires, or until a timely application for re- agement and policies of the applicant per- within the preceding 3 years, the matters de- newal is acted upon. taining to explosive materials.’’. scribed in subparagraph (A) with respect to SEC. 1123. PERSONS PROHIBITED FROM RECEIV- (b) PERMITS FOR PURCHASE OF EXPLO- the applicant; and’’; ING OR POSSESSING EXPLOSIVE MA- SIVES.—Section 842 of title 18, United States (3) in paragraph (5), by striking the period TERIALS. Code, is amended— at the end and inserting a semicolon; and (a) DISTRIBUTION OF EXPLOSIVES.—Section (1) in subsection (a)(2), by striking ‘‘and’’ (4) by adding at the end the following: 842(d) of title 18, United States Code, is at the end; ‘‘(6) none of the employees of the applicant amended— (2) by striking subsection (a)(3) and insert- who will be authorized by the applicant to (1) in paragraph (5), by striking ‘‘or’’ at the ing the following: possess explosive materials is any person de- end; ‘‘(3) other than a licensee or permittee scribed in section 842(i); and (2) in paragraph (6), by striking the period knowingly— ‘‘(7) in the case of a limited permit, the ap- at the end and inserting ‘‘or who has been ‘‘(A) to transport, ship, cause to be trans- plicant has certified in writing that the ap- committed to a mental institution;’’; and ported, or receive any explosive materials; or plicant will not receive explosive materials (3) by adding at the end the following: ‘‘(B) to distribute explosive materials to on more than 6 separate occasions during the ‘‘(7) is an alien, other than an alien who— any person other than a licensee or per- 12-month period for which the limited permit ‘‘(A) is lawfully admitted for permanent mittee; or is valid.’’. residence (as defined in section 101 (a)(20) of ‘‘(4) who is a holder of a limited permit— (e) APPLICATION APPROVAL.—Section 843(c) the Immigration and Nationality Act); or ‘‘(A) to transport, ship, cause to be trans- of title 18, United States Code, is amended by ‘‘(B) is in lawful nonimmigrant status, is a ported, or receive in interstate or foreign striking ‘‘forty-five days’’ and inserting ‘‘90 refugee admitted under section 207 of the Im- commerce any explosive materials; or days for licenses and permits,’’. migration and Nationality Act (8 U.S.C. ‘‘(B) to receive explosive materials from a (f) INSPECTION AUTHORITY.—Section 843(f) 1157), or is in asylum status under section 208 licensee or permittee, whose premises are lo- of title 18, United States Code, is amended— of the Immigration and Nationality Act (8 cated outside the State of residence of the (1) in the first sentence— U.S.C. 1158), and— limited permit holder, or on more than 6 sep- (A) by striking ‘‘permittees’’ and inserting ‘‘(i) is a foreign law enforcement officer of arate occasions, during the period of the per- ‘‘holders of user permits’’; and a friendly foreign government, as determined mit, to receive explosive materials from 1 or (B) by inserting ‘‘licensees and permittees’’ by the Secretary in consultation with the more licensees or permittees whose premises before ‘‘shall submit’’; Secretary of State, entering the United are located within the State of residence of (2) in the second sentence, by striking States on official law enforcement business, the limited permit holder.’’; and ‘‘permittee’’ the first time it appears and in- and the shipping, transporting, possession, (3) by striking subsection (b) and inserting serting ‘‘holder of a user permit’’; and or receipt of explosive materials is in fur- the following: (3) by adding at the end the following: therance of this official law enforcement ‘‘(b) It shall be unlawful for any licensee or ‘‘The Secretary may inspect the places of business; permittee to knowingly distribute any explo- storage for explosive materials of an appli- ‘‘(ii) is a person having the power to direct sive materials to any person other than— cant for a limited permit or, at the time of or cause the direction of the management

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and policies of a corporation, partnership, or SEC. 1124. REQUIREMENT TO PROVIDE SAMPLES (1) by inserting ‘‘(a) IN GENERAL.—’’ before association licensed pursuant to section OF EXPLOSIVE MATERIALS AND AM- ‘‘The Secretary of Transportation’’; 843(a), and the shipping, transporting, pos- MONIUM NITRATE. (2) by moving the text of paragraph (2) of session, or receipt of explosive materials is Section 843 of title 18, United States Code, section 201(b) of the Air Transportation Safe- in furtherance of such power; as amended by this Act, is amended by add- ty and System Stabilization Act (115 Stat. ‘‘(iii) is a member of a North Atlantic ing at the end the following: 235) to the end and redesignating such para- Treaty Organization (NATO) or other friend- ‘‘(i) FURNISHING OF SAMPLES.— graph as subsection (b); ly foreign military force, as determined by ‘‘(1) IN GENERAL.—Licensed manufacturers (3) in subsection (b) (as so redesignated)— the Secretary in consultation with the Sec- and licensed importers and persons who man- (A) by striking the subsection heading and ufacture or import explosive materials or retary of Defense, (whether or not admitted inserting ‘‘AIR CARRIER LIABILITY FOR THIRD ammonium nitrate shall, when required by in a nonimmigrant status) who is present in PARTY CLAIMS ARISING OUT OF ACTS OF TER- letter issued by the Secretary, furnish— the United States under military orders for RORISM.—’’; training or other military purpose author- ‘‘(A) samples of such explosive materials or (B) in the first sentence by striking ‘‘the ized by the United States, and the shipping, ammonium nitrate; 180-day period following the date of enact- transporting, possession, or receipt of explo- ‘‘(B) information on chemical composition ment of this Act, the Secretary of Transpor- sive materials is in furtherance of the mili- of those products; and tation’’ and inserting ‘‘the period beginning tary purpose; or ‘‘(C) any other information that the Sec- on September 22, 2001, and ending on Decem- ‘‘(iv) is lawfully present in the United retary determines is relevant to the identi- ber 31, 2003, the Secretary’’; and States in cooperation with the Director of fication of the explosive materials or to (C) in the last sentence by striking ‘‘this Central Intelligence, and the shipment, identification of the ammonium nitrate. paragraph’’ and inserting ‘‘this subsection’’. ‘‘(2) REIMBURSEMENT.—The Secretary shall, transportation, receipt, or possession of the SEC. 1202. EXTENSION OF INSURANCE POLICIES. by regulation, authorize reimbursement of explosive materials is in furtherance of such Section 44302 of title 49, United States the fair market value of samples furnished cooperation; Code, is amended by adding at the end the ‘‘(8) has been discharged from the armed pursuant to this subsection, as well as the following: forces under dishonorable conditions; reasonable costs of shipment.’’. ‘‘(f) EXTENSION OF POLICIES.— ‘‘(9) having been a citizen of the United SEC. 1125. DESTRUCTION OF PROPERTY OF INSTI- ‘‘(1) IN GENERAL.—The Secretary shall ex- States, has renounced the citizenship of that TUTIONS RECEIVING FEDERAL FI- tend through August 31, 2003, and may ex- NANCIAL ASSISTANCE. person.’’. tend through December 31, 2003, the termi- Section 844(f)(1) of title 18, United States (b) POSSESSION OF EXPLOSIVE MATERIALS.— nation date of any insurance policy that the Code, is amended by inserting before the Section 842(i) of title 18, United States Code, Department of Transportation issued to an word ‘‘shall’’ the following: ‘‘or any institu- is amended— air carrier under subsection (a) and that is in tion or organization receiving Federal finan- (1) in paragraph (3), by striking ‘‘or’’ at the effect on the date of enactment of this sub- cial assistance,’’. end; and section on no less favorable terms to the air (2) by inserting after paragraph (4) the fol- SEC. 1126. RELIEF FROM DISABILITIES. carrier than existed on June 19, 2002; except Section 845(b) of title 18, United States lowing: that the Secretary shall amend the insur- Code, is amended to read as follows: ‘‘(5) who is an alien, other than an alien ance policy, subject to such terms and condi- who— ‘‘(b)(1) A person who is prohibited from tions as the Secretary may prescribe, to add ‘‘(A) is lawfully admitted for permanent shipping, transporting, receiving, or pos- coverage for losses or injuries to aircraft residence (as that term is defined in section sessing any explosive under section 842(i) hulls, passengers, and crew at the limits car- 101(a)(20) of the Immigration and Nationality may apply to the Secretary for relief from ried by air carriers for such losses and inju- Act); or such prohibition. ries as of such date of enactment and at an ‘‘(B) is in lawful nonimmigrant status, is a ‘‘(2) The Secretary may grant the relief re- additional premium comparable to the pre- refugee admitted under section 207 of the Im- quested under paragraph (1) if the Secretary mium charged for third-party casualty cov- migration and Nationality Act (8 U.S.C. determines that the circumstances regarding erage under such policy. 1157), or is in asylum status under section 208 the applicability of section 842(i), and the ap- ‘‘(2) SPECIAL RULES.—Notwithstanding of the Immigration and Nationality Act (8 plicant’s record and reputation, are such paragraph (1)— U.S.C. 1158), and— that the applicant will not be likely to act in ‘‘(i) is a foreign law enforcement officer of a manner dangerous to public safety and ‘‘(A) in no event shall the total premium a friendly foreign government, as determined that the granting of such relief is not con- paid by the air carrier for the policy, as by the Secretary in consultation with the trary to the public interest. amended, be more than twice the premium Secretary of State, entering the United ‘‘(3) A licensee or permittee who applies for that the air carrier was paying to the De- States on official law enforcement business, relief, under this subsection, from the dis- partment of Transportation for its third and the shipping, transporting, possession, abilities incurred under this chapter as a re- party policy as of June 19, 2002; and or receipt of explosive materials is in fur- sult of an indictment for or conviction of a ‘‘(B) the coverage in such policy shall therance of this official law enforcement crime punishable by imprisonment for a begin with the first dollar of any covered business; term exceeding 1 year shall not be barred by loss that is incurred.’’. ‘‘(ii) is a person having the power to direct such disability from further operations SEC. 1203. CORRECTION OF REFERENCE. or cause the direction of the management under the license or permit pending final ac- Effective November 19, 2001, section 147 of and policies of a corporation, partnership, or tion on an application for relief filed pursu- the Aviation and Transportation Security association licensed pursuant to section ant to this section.’’. Act (Public Law 107–71) is amended by strik- 843(a), and the shipping, transporting, pos- SEC. 1127. THEFT REPORTING REQUIREMENT. ing ‘‘(b)’’ and inserting ‘‘(c)’’. session, or receipt of explosive materials is Section 844 of title 18, United States Code, SEC. 1204. REPORT. in furtherance of such power; is amended by adding at the end the fol- Not later than 90 days after the date of en- ‘‘(iii) is a member of a North Atlantic lowing: actment of this Act, the Secretary shall Treaty Organization (NATO) or other friend- ‘‘(p) THEFT REPORTING REQUIREMENT.— transmit to the Committee on Commerce, ly foreign military force, as determined by ‘‘(1) IN GENERAL.—A holder of a license or Science, and Transportation of the Senate and the Committee on Transportation and the Secretary in consultation with the Sec- permit who knows that explosive materials Infrastructure of the House of Representa- retary of Defense, (whether or not admitted have been stolen from that licensee or per- tives a report that— in a nonimmigrant status) who is present in mittee, shall report the theft to the Sec- (A) evaluates the availability and cost of the United States under military orders for retary not later than 24 hours after the dis- commercial war risk insurance for air car- training or other military purpose author- covery of the theft. riers and other aviation entities for pas- ized by the United States, and the shipping, ‘‘(2) PENALTY.—A holder of a license or per- sengers and third parties; transporting, possession, or receipt of explo- mit who does not report a theft in accord- (B) analyzes the economic effect upon air sive materials is in furtherance of the mili- ance with paragraph (1), shall be fined not carriers and other aviation entities of avail- tary purpose; or more than $10,000, imprisoned not more than able commercial war risk insurance; and ‘‘(iv) is lawfully present in the United 5 years, or both.’’. (C) describes the manner in which the De- States in cooperation with the Director of SEC. 1128. AUTHORIZATION OF APPROPRIATIONS. partment could provide an alternative means Central Intelligence, and the shipment, There is authorized to be appropriated of providing aviation war risk reinsurance transportation, receipt, or possession of the such sums as necessary to carry out this sub- covering passengers, crew, and third parties explosive materials is in furtherance of such title and the amendments made by this sub- through use of a risk-retention group or by cooperation; title. other means. ‘‘(6) who has been discharged from the TITLE XII—AIRLINE WAR RISK armed forces under dishonorable conditions; INSURANCE LEGISLATION TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT ‘‘(7) who, having been a citizen of the SEC. 1201. AIR CARRIER LIABILITY FOR THIRD United States, has renounced the citizenship PARTY CLAIMS ARISING OUT OF Subtitle A—Chief Human Capital Officers of that person’’; and ACTS OF TERRORISM. SEC. 1301. SHORT TITLE. (3) by inserting ‘‘or affecting’’ before Section 44303 of title 49, United States This title may be cited as the ‘‘Chief ‘‘interstate’’ each place that term appears. Code, is amended— Human Capital Officers Act of 2002’’.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10939 SEC. 1302. AGENCY CHIEF HUMAN CAPITAL OFFI- shall act as vice chairperson of the Council; Human Capital Officer shall prepare that CERS. and portion of the annual performance plan de- (a) IN GENERAL.—Part II of title 5, United (3) the Chief Human Capital Officers of Ex- scribed under subsection (a)(3).’’. States Code, is amended by inserting after ecutive departments and any other members (b) PROGRAM PERFORMANCE REPORTS.—Sec- chapter 13 the following: who are designated by the Director of the Of- tion 1116(d) of title 31, United States Code, is ‘‘CHAPTER 14—AGENCY CHIEF HUMAN fice of Personnel Management. amended— CAPITAL OFFICERS (b) FUNCTIONS.—The Chief Human Capital (1) in paragraph (4), by striking ‘‘and’’ ‘‘Sec. Officers Council shall meet periodically to after the semicolon; ‘‘1401. Establishment of agency Chief Human advise and coordinate the activities of the (2) by redesignating paragraph (5) as para- Capital Officers. agencies of its members on such matters as graph (6); and ‘‘1402. Authority and functions of agency modernization of human resources systems, (3) by inserting after paragraph (4) the fol- Chief Human Capital Officers. improved quality of human resources infor- lowing: ‘‘§ 1401. Establishment of agency Chief mation, and legislation affecting human re- ‘‘(5) include a review of the performance Human Capital Officers sources operations and organizations. goals and evaluation of the performance plan ‘‘The head of each agency referred to under (c) EMPLOYEE LABOR ORGANIZATIONS AT relative to the agency’s strategic human paragraphs (1) and (2) of section 901(b) of MEETINGS.—The Chief Human Capital Offi- capital management; and’’. title 31 shall appoint or designate a Chief cers Council shall ensure that representa- SEC. 1312. REFORM OF THE COMPETITIVE SERV- Human Capital Officer, who shall— tives of Federal employee labor organiza- ICE HIRING PROCESS. ‘‘(1) advise and assist the head of the agen- tions are present at a minimum of 1 meeting (a) IN GENERAL.—Chapter 33 of title 5, cy and other agency officials in carrying out of the Council each year. Such representa- United States Code, is amended— the agency’s responsibilities for selecting, tives shall not be members of the Council. (1) in section 3304(a)— developing, training, and managing a high- (d) ANNUAL REPORT.—Each year the Chief (A) in paragraph (1), by striking ‘‘and’’ quality, productive workforce in accordance Human Capital Officers Council shall submit after the semicolon; with merit system principles; a report to Congress on the activities of the (B) in paragraph (2), by striking the period ‘‘(2) implement the rules and regulations of Council. and inserting ‘‘; and’’; and the President and the Office of Personnel SEC. 1304. STRATEGIC HUMAN CAPITAL MANAGE- (C) by adding at the end of the following: Management and the laws governing the MENT. ‘‘(3) authority for agencies to appoint, civil service within the agency; and Section 1103 of title 5, United States Code, without regard to the provision of sections ‘‘(3) carry out such functions as the pri- is amended by adding at the end the fol- 3309 through 3318, candidates directly to po- mary duty of the Chief Human Capital Offi- lowing: sitions for which— cer. ‘‘(c)(1) The Office of Personnel Manage- ‘‘(A) public notice has been given; and ‘‘§ 1402. Authority and functions of agency ment shall design a set of systems, including ‘‘(B) the Office of Personnel Management Chief Human Capital Officers appropriate metrics, for assessing the man- has determined that there exists a severe 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- ‘‘(1) setting the workforce development The Office shall prescribe, by regulation, cri- graph (1) shall be defined in regulations of strategy of the agency; teria for identifying such positions and may the Office of Personnel Management and in- ‘‘(2) assessing workforce characteristics delegate authority to make determinations clude standards for— and future needs based on the agency’s mis- under such criteria.’’; and ‘‘(A)(i) aligning human capital strategies sion and strategic plan; (2) by inserting after section 3318 the fol- of agencies with the missions, goals, and or- ‘‘(3) aligning the agency’s human resources lowing: ganizational objectives of those agencies; policies and programs with organization mis- ‘‘§ 3319. Alternative ranking and selection and sion, strategic goals, and performance out- procedures ‘‘(ii) integrating those strategies into the comes; budget and strategic plans of those agencies; ‘‘(a) The Office, in exercising its authority ‘‘(4) developing and advocating a culture of ‘‘(B) closing skill gaps in mission critical under section 3304, or an agency to which the continuous learning to attract and retain occupations; Office has delegated examining authority employees with superior abilities; ‘‘(C) ensuring continuity of effective lead- under section 1104(a)(2), may establish cat- ‘‘(5) identifying best practices and ership through implementation of recruit- egory rating systems for evaluating appli- benchmarking studies, and ment, development, and succession plans; cants for positions in the competitive serv- ‘‘(6) applying methods for measuring intel- ‘‘(D) sustaining a culture that cultivates ice, under 2 or more quality categories based lectual capital and identifying links of that and develops a high performing workforce; on merit consistent with regulations pre- capital to organizational performance and ‘‘(E) developing and implementing a scribed by the Office of Personnel Manage- growth. ment, rather than assigned individual nu- ‘‘(b) In addition to the authority otherwise knowledge management strategy supported by appropriate investment in training and merical ratings. provided by this section, each agency Chief ‘‘(b) Within each quality category estab- technology; and Human Capital Officer— lished under subsection (a), preference-eligi- ‘‘(F) holding managers and human re- ‘‘(1) shall have access to all records, re- bles shall be listed ahead of individuals who sources officers accountable for efficient and ports, audits, reviews, documents, papers, are not preference eligibles. For other than effective human resources management in recommendations, or other material that— scientific and professional positions at GS–9 support of agency missions in accordance ‘‘(A) are the property of the agency or are of the General Schedule (equivalent or high- with merit system principles.’’. available to the agency; and er), qualified preference-eligibles who have a ‘‘(B) relate to programs and operations SEC. 1305. EFFECTIVE DATE. compensable service-connected disability of with respect to which that agency Chief This subtitle shall take effect 180 days 10 percent or more shall be listed in the high- Human Capital Officer has responsibilities after the date of enactment of this Act. est quality category. under this chapter; and Subtitle B—Reforms Relating to Federal ‘‘(c)(1) An appointing official may select ‘‘(2) may request such information or as- Human Capital Management any applicant in the highest quality cat- sistance as may be necessary for carrying SEC. 1311. 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 PROGRAMS 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. MENT.—The table of chapters for chapters for title 31, United States Code, is amended— ‘‘(2) Notwithstanding paragraph (1), the ap- part II of title 5, United States Code, is (1) in subsection (a), by striking paragraph pointing official may not pass over a pref- amended by inserting after the item relating (3) and inserting the following: erence-eligible in the same category from to chapter 13 the following: ‘‘(3) provide a description of how the per- which selection is made, unless the require- ‘‘14. Agency Chief Human Capital Of- formance goals and objectives are to be ments of section 3317(b) or 3318(b), as applica- ficers ...... 1401’’. achieved, including the operation processes, ble, are satisfied. SEC. 1303. CHIEF HUMAN CAPITAL OFFICERS training, skills and technology, and the ‘‘(d) Each agency that establishes a cat- COUNCIL. human, capital, information, and other re- egory rating system under this section shall (a) ESTABLISHMENT.—There is established a sources and strategies required to meet submit in each of the 3 years following that Chief Human Capital Officers Council, con- those performance goals and objectives.’’; establishment, a report to Congress on that sisting of— (2) by redesignating subsection (f) as sub- system including information on— (1) the Director of the Office of Personnel section (g); and ‘‘(1) the number of employees hired under Management, who shall act as chairperson of (3) by inserting after subsection (e) the fol- that system; the Council; lowing: ‘‘(2) the impact that system has had on the (2) the Deputy Director for Management of ‘‘(f) With respect to each agency with a hiring of veterans and minorities, including the Office of Management and Budget, who Chief Human Capital Officer, the Chief those who are American Indian or Alaska

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10940 CONGRESSIONAL RECORD — SENATE November 13, 2002 Natives, Asian, Black or African American, Office of Personnel Management a plan out- of the separation on which the payment is and native Hawaiian or other Pacific Island- lining the intended use of such incentive based shall be required to pay, before the in- ers; and payments and a proposed organizational dividual’s first day of employment, the en- ‘‘(3) the way in which managers were chart for the agency once such incentive tire amount of the incentive payment to the trained in the administration of that system. payments have been completed. agency that paid the incentive payment. ‘‘(e) The Office of Personnel Management ‘‘(b) The plan of an agency under sub- ‘‘(c)(1) If the employment under this sec- may prescribe such regulations as it con- section (a) shall include— tion is with an agency, other than the Gen- siders necessary to carry out the provisions ‘‘(1) the specific positions and functions to eral Accounting Office, the United States of this section.’’. be reduced or eliminated; Postal Service, or the Postal Rate Commis- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(2) a description of which categories of sion, the Director of the Office of Personnel MENT.—The table of sections for chapter 33 of employees will be offered incentives; Management may, at the request of the head title 5, United States Code, is amended by ‘‘(3) the time period during which incen- of the agency, may waive the repayment if— striking the item relating to section 3319 and tives may be paid; ‘‘(A) the individual involved possesses inserting the following: ‘‘(4) the number and amounts of voluntary unique abilities and is the only qualified ap- ‘‘3319. Alternative ranking and selection pro- separation incentive payments to be offered; plicant available for the position; or cedures.’’. and ‘‘(B) in case of an emergency involving a ‘‘(5) a description of how the agency will direct threat to life or property, the indi- SEC. 1313. PERMANENT EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES operate without the eliminated positions and vidual— FOR USE OF VOLUNTARY SEPARA- functions. ‘‘(i) has skills directly related to resolving TION INCENTIVE PAY AND VOL- ‘‘(c) The Director of the Office of Personnel the emergency; and UNTARY EARLY RETIREMENT. Management shall review each agency’s plan ‘‘(ii) will serve on a temporary basis only (a) VOLUNTARY SEPARATION INCENTIVE PAY- an may make any appropriate modifications so long as that individual’s services are made MENTS.— in the plan, in consultation with the Direc- necessary by the emergency. (1) IN GENERAL.— tor of the Office of Management and Budget. ‘‘(2) If the employment under this section (A) AMENDMENT TO TITLE 5, UNITED STATES A plan under this section may not be imple- is with an entity in the legislative branch, CODE.—Chapter 35 of title 5, United States mented without the approval of the Direc- the head of the entity or the appointing offi- Code, is amended by inserting after sub- tive of the Office of Personnel Management. cial may waive the repayment if the indi- chapter I the following: ‘‘§ 3523. Authority to provide voluntary sepa- vidual involved possesses unique abilities ‘‘SUBCHAPTER II—VOLUNTARY ration incentive payments and is the only qualified applicant available SEPARATION INCENTIVE PAYMENTS ‘‘(a) A voluntary separation incentive pay- for the position. ment under this subchapter may be paid to ‘‘(3) If the employment under this section ‘‘§ 3521. Definitions an employee only as provided in the plan of is with the judicial branch, the Director of ‘‘In this subchapter, the term— an agency established under section 3522. the Administrative Office of the United ‘‘(1) ‘agency’ means an Executive agency as ‘‘(b) A voluntary incentive payment— States Courts may waive the repayment if defined under section 105; and ‘‘(1) shall be offered to agency employees the individual involved possesses unique ‘‘(2) ‘employee’— on the basis of— abilities and is the only qualified applicant ‘‘(A) means an employee as defined under ‘‘(A) 1 or more organizational units; available for the position. section 2105 employed by an agency and an ‘‘(B) 1 or more occupational series or lev- ‘‘§ 3525. Regulations individual employed by a county committee els; ‘‘The Office of Personnel Management may established under section 8(b)(5) of the Soil ‘‘(C) 1 or more geographical locations; prescribe regulations to carry out this sub- Conservation and Domestic Allotment Act ‘‘(D) skills, knowledge, or other factors re- chapter.’’. (16 U.S.C. 590h(b)(5)) who— lated to a position; (B) TECHNICAL AND CONFORMING AMEND- ‘‘(i) is serving under an appointment with- ‘‘(E) specific periods of time during which MENTS.—Chapter 35 of title 5, United States out time limitation; and eligible employees may elect a voluntary in- Code, is amended— ‘‘(ii) has been currently employed for a centive payment; or (i) by striking the chapter heading and in- continuous period of at least 3 years; and ‘‘(F) any appropriate combination of such serting the following: ‘‘(B) shall not include— factors; ‘‘CHAPTER 35—RETENTION PREFERENCE, ‘‘(i) a reemployed annuitant under sub- ‘‘(2) shall be paid in a lump sum after the VOLUNTARY SEPARATION INCENTIVE chapter III of chapter 83 or 84 or another re- employee’s separation; PAYMENTS, RESTORATION, AND REEM- tirement system for employees of the Gov- ‘‘(3) shall be equal to the lesser of— PLOYMENT’’; ernment; ‘‘(A) an amount equal to the amount the ‘‘(ii) an employee having a disability on employee would be entitled to receive under and the basis of which such employee is or would section 5595(c) if the employee were entitled (ii) in the table of sections by inserting be eligible for disability retirement under to payment under such section (without ad- after the item relating to section 3504 the subchapter III of chapter 83 or 84 or another justment for any previous payment made); or following: retirement system for employees of the Gov- ‘‘(B) an amount determined by the agency ‘‘SUBCHAPTER II—VOLUNTARY SEPARATION ernment. head, not to exceed $25,000; INCENTIVE PAYMENTS ‘‘(iii) an employee who is in receipt of a de- ‘‘(4) may be made only in the case of an ‘‘3521. Definitions. cision notice of involuntary separation for employee who voluntarily separates (wheth- ‘‘3522. Agency plans; approval. misconduct or unacceptable performance; er by retirement or resignation) under this ‘‘3523. Authority to provide voluntary sepa- ‘‘(iv) an employee who has previously re- subchapter; ration incentive payments. ceived any voluntary separation incentive ‘‘(5) shall not be a basis for payment, and payment from the Federal Government shall not be included in the computation, of ‘‘3524. Effect of subsequent employment with under this subchapter or any other author- any other type of Government benefit; the Government. ity; ‘‘(6) shall not be taken into account in de- ‘‘3525. Regulations.’’. ‘‘(v) an employee covered by statutory re- termining the amount of any severance pay (2) ADMINISTRATIVE OFFICE OF THE UNITED employment rights who is on transfer em- to which the employee may be entitled under STATES COURTS.—The Director of the Admin- ployment with another organization; or section 5595, based on another other separa- istrative Office of the United States Courts ‘‘(vi) any employee who— tion; and may, by regulation, establish a program sub- ‘‘(I) during the 36-month period preceding ‘‘(7) shall be paid from appropriations or stantially similar to the program established the date of separation of that employee, per- funds available for the payment of the basic under paragraph (1) for individuals serving in formed service for which a student loan re- pay of the employee. the judicial branch. payment benefit was or is to be paid under ‘‘§ 3524. Effect of subsequent employment (3) CONTINUATION OF OTHER AUTHORITY.— section 5379; with the Government Any agency exercising any voluntary separa- ‘‘(II) during the 24-month period preceding tion incentive authority in effect on the ef- the date of separation of that employee, per- ‘‘(a) The term ‘employment’— fective date of this subsection may continue formed service for which a recruitment or re- ‘‘(1) in subsection (b) includes employment to offer voluntary separation incentives con- location bonus was or is to be paid under sec- under a personal services contract (or other sistent with that authority until that au- tion 5753; or direct contract) with the United States Gov- thority expires. ‘‘(III) during the 12-month period preceding ernment (other than an entity in the legisla- (4) EFFECTIVE DATE.—This subsection shall the date of separation of that employee, per- tive branch); and take effect 60 days after the date of enact- formed service for which a retention bonus ‘‘(2) in subsection (c) does not include em- ment of this Act. was or is to be paid under section 5754. ployment under such a contract. ‘‘(b) An individual who has received a vol- (b) FEDERAL EMPLOYEE VOLUNTARY EARLY ‘‘§ 3522. Agency plans; approval untary separation incentive payment under RETIREMENT.— ‘‘(a) Before obligating any resources for this subchapter and accepts any employment (1) CIVIL SERVICE RETIREMENT SYSTEM.— voluntary separation incentive payments, for compensation with the Government of Section 8336(d)(2) of title 5, United States the head of each agency shall submit to the the United States with 5 years after the date Code, is amended to read as follows:

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10941 ‘‘(2)(A) has been employed continuously, by ‘‘(II) 1 or more occupational series or lev- (5) in chapter 84— the agency in which the employee is serving, els; (A) in section 8414(a)(1), by striking ‘‘for for at least the 31-day period ending on the ‘‘(III) 1 or more geographical locations; failure to be recertified as a senior executive date on which such agency requests the de- ‘‘(IV) specific periods; under section 3393a or’’; and termination referred to in subparagraph (D); ‘‘(V) skills, knowledge, or other factors re- (B) in section 8421(a)(2), by striking ‘‘, ex- ‘‘(B) is serving under an appointment that lated to a position; or cept that an individual entitled to an annu- is not time limited; ‘‘(VI) any appropriate combination of such ity under section 8414(a) for failure to be re- ‘‘(C) has not been duly notified that such factors.’’. certified as a senior executive shall be enti- employee is to be involuntarily separated for (3) GENERAL ACCOUNTING OFFICE AUTHOR- tled to an annuity supplement without re- misconduct or unacceptable performance; ITY.—The amendments made by this sub- gard to such applicable retirement age’’. ‘‘(D) is separated from the service volun- section shall not be construed to affect the (b) SAVINGS PROVISION.—Notwithstanding tarily during a period in which, as deter- authority under section 1 of Public Law 106– the amendments made by subsection mined by the office of Personnel Manage- 303 (5 U.S.C. 8336 note; 114 State. 1063). (a)(2)(A), an appeal under the final sentence ment (upon request of the agency) under reg- (4) TECHNICAL AND CONFORMING AMEND- of section 3592(a) of title 5, United States ulations prescribed by the Office— MENTS.—Section 7001 of the 1998 Supple- Code, that is pending on the day before the ‘‘(i) such agency (or, if applicable, the com- mental Appropriations and Rescissions Act effective date of this section— ponent in which the employee is serving) is (Public Law 105–174; 112 Stat. 91) is repealed. (1) shall not abate by reason of the enact- undergoing substantial delayering, substan- (5) REGULATIONS.—The Office of Personnel ment of the amendments made by subsection tial reorganization, substantial reductions in Management may prescribe regulations to (a)(2)(A); and force, substantial transfer of function, or carry out this subsection. (2) shall continue as if such amendments other substantial workforce restructuring (c) SENSE OF CONGRESS.—It is the sense of had not been enacted. (or shaping); Congress that the implementation of this (c) APPLICATION.—The amendment made by ‘‘(ii) a significant percentage of employees section is intended to reshape the Federal subsection (a)(2)(B) shall not apply with re- servicing in such agency (or component) are workforce and not downsize the Federal spect to an individual who, before the effec- likely to be separated or subject to an imme- workforce. tive date of this section, leaves the Senior diate reduction in the rate of basic pay Executive Service for failure to be recer- SEC. 1314. STUDENT VOLUNTEER TRANSIT SUB- (without regard to subchapter VI of chapter SIDY. tified as a senior executive under section 3393a of title 5, United States Code. 53, or comparable provisions); or (a) IN GENERAL.—Section 7905(a)(1) of title ‘‘(iii) identified as being in positions which 5, United States Code, is amended by strik- SEC. 1322. ADJUSTMENT OF LIMITATION ON are becoming surplus or excess to the agen- ing ‘‘and a member of a uniformed service’’ TOTAL ANNUAL COMPENSATION. (a) IN GENERAL.—Section 5307 of title 5, cy’s future ability to carry out its mission and inserting ‘‘, a member of a uniformed United States Code, is amended by adding at effectively; and service, and a student who provides vol- the end the following: ‘‘(E) as determined by the agency under untary services under section 3111’’. regulations prescribed by the Office, is with- ‘‘(d)(1) Notwithstanding any other provi- (b) TECHNICAL AND CONFORMING AMEND- in the scope of the offer of voluntary early sion of this section, subsection (a)(1) shall be MENT.—Section 3111(c)(1) of title 5, United applied by substituting ‘the total annual retirement, which may be made on the basis States Code, is amended by striking ‘‘chap- of— compensation payable to the Vice President ter 81 of this title’’ and inserting ‘‘section under section 104 of title 3’ for ‘the annual ‘‘(i) 1 or more organizational units; 7905 (relating to commuting by means other ‘‘(ii) 1 or more occupational series or lev- rate of basic pay payable for level I of the than single-occupancy motor vehicles), chap- els; Executive Schedule’ in the case of any em- ter 81’’. ‘‘(iii) 1 or more geographical locations; ployee who— ‘‘(iv) specific periods; Subtitle C—Reforms Relating to the Senior ‘‘(A) is paid under section 5376 or 5383 of ‘‘(v) skills, knowledge, or other factors re- Executive Service this title or section 332(f), 603, or 604 of title lated to a position; or SEC. 1321. REPEAL OF RECERTIFICATION RE- 28; and ‘‘(vi) any appropriate combination of such QUIREMENTS OF SENIOR EXECU- ‘‘(B) holds a position in or under an agency factors;’’. TIVES. which is described in paragraph (2). (2) FEDERAL EMPLOYEES’ RETIREMENT SYS- (a) IN GENERAL.—Title 5, United States ‘‘(2) An agency described in this paragraph TEM.—Section 8414(b)(1) of title 5, United Code, is amended— is any agency which, for purposes of the cal- States Code, is amended by striking subpara- (1) in chapter 33— endar year involved, has been certified under graph (B) and inserting the following: (A) in section 3393(g) by striking ‘‘3393a’’; this subsection as having a performance ap- ‘‘(B)(i) has been employed continuously, by (B) by repealing section 3393a; and praisal system which (as designed and ap- the agency in which the employee is serving, (C) in the table of sections by striking the plied) makes meaningful distinctions based for at least the 31-day period ending on the item relating to section 3393a; on relative performance. date on which such agency requests the de- (2) in chapter 35— ‘‘(3)(A) The Office of Personnel Manage- termination referred to in clause (iv); (A) in section 3592(a)— ment and the Office of Management and ‘‘(ii) is serving under an appointment that (i) in paragraph (1), by inserting ‘‘or’’ at Budget jointly shall promulgate such regula- is not time limited; the end; tions as may be necessary to carry out this ‘‘(iii) has not been duly notified that such (ii) in paragraph (2), by striking ‘‘or’’ at subsection, including the criteria and proce- employee is to be involuntarily separated for the end; dures in accordance with which any deter- misconduct or unacceptable performance; (iii) by striking paragraph (3); and minations under this subsection shall be ‘‘(iv) is separate from the service volun- (iv) by striking the last sentence; made. tarily during a period in which, as deter- (B) in section 3593(a), by striking para- ‘‘(B) An agency’s certification under this mined by the Office of Personnel Manage- graph (2) and inserting the following: subsection shall be for a period of 2 calendar ment (upon request of the agency) under reg- ‘‘(2) the appointee left the Senior Execu- years, except that such certification may be ulations prescribed by the Office— tive Service for reasons other than mis- terminated at any time, for purposes of either or both of those years, upon a finding ‘‘(I) such agency (or, if applicable, the com- conduct, neglect of duty, malfeasance, or that the actions of such agency have not re- ponent in which the employee is serving) is less than fully successful executive perform- mained in conformance with applicable re- undergoing substantial delayering, substan- ance as determined under subchapter II of quirements. tial reorganization, substantial reductions in chapter 43.’’; and ‘‘(C) Any certification or decertification force, substantial transfer of function, or (C) in section 3594(b)— under this subsection shall be made by the other substantial workforce restructuring (i) in paragraph (1), by inserting ‘‘or’’ at Office of Personnel Management, with the (or shaping); the end; concurrence of the Office of Management and ‘‘(II) a significant percentage of employees (ii) in paragraph (2), by striking ‘‘or’’ at Budget. serving in such agency (or component) are the end; and ‘‘(4) Notwithstanding any provision of likely to be separated or subject to an imme- (iii) by striking paragraph (3); paragraph (3), any regulations, certifi- diate reduction in the rate of basic pay (3) in section 7701(c)(1)(A), by striking ‘‘or cations, or other measures necessary to (without regard to subchapter VI of chapter removal from the Senior Executive Service carry out this subsection with respect to em- 53, or comparable provisions); or for failure to be recertified under section ployees within the judicial branch shall be ‘‘(III) identified as being in positions which 3393a’’; the responsibility of the Director of the Ad- are becoming surplus or excess to the agen- (4) in chapter 83— ministrative Office of the United States cy’s future ability to carry out its mission (A) in section 8336(h)(1), by striking ‘‘for Courts. However, the regulations under this effectively; and failure to be recertified as a senior executive paragraph shall be consistent with those pro- ‘‘(v) as determined by the agency under under section 3393a or’’; and mulgated under paragraph (3).’’. regulations prescribed by the Office, is with- (B) in section 8339(h), in the first sentence, (b) CONFORMING AMENDMENTS.—(1) Section in the scope of the offer of voluntary early by striking ‘‘, except that such reduction 5307(a) of title 5, United States Code, is retirement, which may be made on the basis shall not apply in the case of an employee re- amended by inserting ‘‘or as otherwise proof— tiring under section 8336(h) for failure to be vided under subsection (d),’’ after ‘‘under ‘‘(I) 1 or more organizational units; recertified as a senior executive’’; and law,’’.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10942 CONGRESSIONAL RECORD — SENATE November 13, 2002 (2) Section 5307(c) of such title is amended (A) establish procedures for ensuring that ‘‘(A) The type of firearm to be used by a by striking ‘‘this section,’’ and inserting United States citizens who have incurred Federal flight deck officer. ‘‘this section (subject to subsection (d)),’’. service obligations as the result of receiving ‘‘(B) The type of ammunition to be used by Subtitle D—Academic Training financial support for education and training a Federal flight deck officer. SEC. 1331. ACADEMIC TRAINING. from the United States Government and ‘‘(C) The standards and training needed to (a) ACADEMIC DEGREE TRAINING.—Section have applied for Federal positions are con- qualify and requalify as a Federal flight deck 4107 of title 5, United States Code, is amend- sidered in all recruitment and hiring initia- officer. ed to read as follows: tives of Federal departments, bureaus, agen- ‘‘(D) The placement of the firearm of a ‘‘§ 4107. Academic degree training cies, and offices; and Federal flight deck officer on board the air- (B) advertise and open all Federal posi- craft to ensure both its security and its ease ‘‘(a) Subject to subsection (b), an agency tions to United States citizens who have in- of retrieval in an emergency. may select and assign an employee to aca- curred service obligations with the United ‘‘(E) An analysis of the risk of catastrophic demic degree training and may pay or reim- States Government as the result of receiving failure of an aircraft as a result of the disburse the costs of academic degree training financial support for education and training charge (including an accidental discharge) of from appropriated or other available funds if such training— from the United States Government. a firearm to be used in the program into the (b) FULFILLMENT OF SERVICE REQUIREMENT ‘‘(1) contributes significantly to— avionics, electrical systems, or other sen- IF NATIONAL SECURITY POSITIONS ARE UN- ‘‘(A) meeting an identified agency training sitive areas of the aircraft. AVAILABLE.—Section 802(b)(2) of the David L. need; ‘‘(F) The division of responsibility between Boren National Security Education Act of pilots in the event of an act of criminal vio- ‘‘(B) resolving an identified agency staffing 1991 (50 U.S.C. 1902) is amended— problem; or lence or air piracy if only 1 pilot is a Federal (1) in subparagraph (A), by striking clause flight deck officer and if both pilots are Fed- ‘‘(C) accomplishing goals in the strategic (ii) and inserting the following: plan of the agency; eral flight deck officers. ‘‘(ii) if the recipient demonstrates to the ‘‘(G) Procedures for ensuring that the fire- ‘‘(2) is part of a planned, systemic, and co- Secretary (in accordance with such regula- ordinated agency employee development pro- arm of a Federal flight deck officer does not tions) that no national security position in leave the cockpit if there is a disturbance in gram linked to accomplishing the strategic an agency or office of the Federal Govern- goals of the agency; and the passenger cabin of the aircraft or if the ment having national security responsibil- pilot leaves the cockpit for personal reasons. ‘‘(3) is accredited and is provided by a col- ities is available, work in other offices or lege or university that is accredited by a na- ‘‘(H) Interaction between a Federal flight agencies of the Federal Government or in the deck officer and a Federal air marshal on tionally recognized body. field of higher education in a discipline re- ‘‘(b) In exercising authority under sub- board the aircraft. lating to the foreign country, foreign lan- section (a), an agency shall— ‘‘(I) The process for selection of pilots to guage, area study, or international field of ‘‘(1) consistent with the merit system prin- participate in the program based on their fit- study for which the scholarship was awarded, ciples set forth in paragraphs (2) and (7) of ness to participate in the program, including for a period specified by the Secretary, which section 2301(b), take into consideration the whether an additional background check period shall be determined in accordance need to— should be required beyond that required by with clause (i); or’’; and ‘‘(A) maintain a balanced workforce in section 44936(a)(1). (2) in subparagraph (B), by striking clause which women, members of racial and ethnic ‘‘(J) Storage and transportation of fire- (ii) and inserting the following: minority groups, and persons with disabil- arms between flights, including inter- ‘‘(ii) if the recipient demonstrates to the ities are appropriately represented in Gov- national flights, to ensure the security of the Secretary (in accordance with such regula- ernment service; and firearms, focusing particularly on whether tions) that no national security position is ‘‘(B) provide employees effective education such security would be enhanced by requir- available upon the completion of the degree, and training to improve organizational and ing storage of the firearm at the airport work in other offices or agencies of the Fed- individual performance; when the pilot leaves the airport to remain eral Government or in the field of higher ‘‘(2) assure that the training is not for the overnight away from the pilot’s base airport. education in a discipline relating to foreign sole purpose of providing an employee an op- ‘‘(K) Methods for ensuring that security country, foreign language, area study, or portunity to obtain an academic degree or personnel will be able to identify whether a international field of study for which the fel- qualify for appointment to a particular posi- pilot is authorized to carry a firearm under lowship was awarded, for a period specified tion for which the academic degree is a basic the program. by the Secretary, which period shall be de- requirement; ‘‘(L) Methods for ensuring that pilots (in- termined in accordance with clause (i); and’’. ‘‘(3) assure that no authority under this cluding Federal flight deck officers) will be subsection is exercised on behalf of any em- TITLE XIV—ARMING PILOTS AGAINST able to identify whether a passenger is a law ployee occupying or seeking to qualify for— TERRORISM enforcement officer who is authorized to ‘‘(A) a noncareer appointment in the senior SEC. 1401. SHORT TITLE. carry a firearm aboard the aircraft. Executive Service; or This title may be cited as the ‘‘Arming Pi- ‘‘(M) Any other issues that the Under Sec- ‘‘(B) appointment to any position that is lots Against Terrorism Act’’. retary considers necessary. excepted from the competitive service be- SEC. 1402. FEDERAL FLIGHT DECK OFFICER PRO- ‘‘(N) The Under Secretary’s decisions re- cause of its confidential policy-determining, GRAM. garding the methods for implementing each policy-making or policy-advocating char- (a) IN GENERAL.—Subchapter I of chapter of the foregoing procedural requirements acter; and 449 of title 49, United States Code, is amend- shall be subject to review only for abuse of ‘‘(4) to the greatest extent practicable, fa- ed by adding at the end the following: discretion. cilitate the use of online degree training.’’. ‘‘§ 44921. Federal flight deck officer program ‘‘(4) PREFERENCE.—In selecting pilots to (b) TECHNICAL AND CONFORMING AMEND- ‘‘(a) ESTABLISHMENT.—The Under Sec- participate in the program, the Under Sec- MENT.—The table of sections for chapter 41 of retary of Transportation for Security shall retary shall give preference to pilots who are title 5, United States Code, is amended by establish a program to deputize volunteer pi- former military or law enforcement per- striking the item relating to section 4107 and lots of air carriers providing passenger air sonnel. inserting the following: transportation or intrastate passenger air ‘‘(5) CLASSIFIED INFORMATION.—Notwith- ‘‘4107. Academic degree training.’’. transportation as Federal law enforcement standing section 552 of title 5 but subject to SEC. 1332. MODIFICATIONS TO NATIONAL SECU- officers to defend the flight decks of aircraft section 40119 of this title, information devel- RITY EDUCATION PROGRAM. of such air carriers against acts of criminal oped under paragraph (3)(E) shall not be dis- (a) FINDINGS AND POLICIES.— violence or air piracy. Such officers shall be closed. (1) FINDINGS.—Congress finds that— known as ‘Federal flight deck officers’. ‘‘(6) NOTICE TO CONGRESS.—The Under Sec- (A) the United States Government actively ‘‘(b) PROCEDURAL REQUIREMENTS.— retary shall provide notice to the Committee encourages and financially supports the ‘‘(1) IN GENERAL.—Not later than 3 months on Transportation and Infrastructure of the training, education, and development of after the date of enactment of this section, House of Representatives and the Committee many United States citizens; the Under Secretary shall establish proce- on Commerce, Science, and Transportation (B) as a condition of some of those sup- dural requirements to carry out the program of the Senate after completing the analysis ports, many of those citizens have an obliga- under this section. required by paragraph (3)(E). tion to seek either compensated or uncom- ‘‘(2) COMMENCEMENT OF PROGRAM.—Begin- ‘‘(7) MINIMIZATION OF RISK.—If the Under pensated employment in the Federal sector; ning 3 months after the date of enactment of Secretary determines as a result of the anal- and this section, the Under Secretary shall begin ysis under paragraph (3)(E) that there is a (C) it is in the United States national in- the process of training and deputizing pilots significant risk of the catastrophic failure of terest to maximize the return to the Nation who are qualified to be Federal flight deck an aircraft as a result of the discharge of a of funds invested in the development of such officers as Federal flight deck officers under firearm, the Under Secretary shall take such citizens by seeking to employ them in the the program. actions as may be necessary to minimize Federal sector. ‘‘(3) ISSUES TO BE ADDRESSED.—The proce- that risk. (2) POLICY.—It shall be the policy of the dural requirements established under para- ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- United States Government to— graph (1) shall address the following issues: MENT.—

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‘‘(1) IN GENERAL.—The Under Secretary qualification and requalification to carry ‘‘(k) APPLICABILITY.— shall only be obligated to provide the train- firearms under the program. ‘‘(1) EXEMPTION.—This section shall not ing, supervision, and equipment necessary ‘‘(f) AUTHORITY TO CARRY FIREARMS.— apply to air carriers operating under part 135 for a pilot to be a Federal flight deck officer ‘‘(1) IN GENERAL.—The Under Secretary of title 14, Code of Federal Regulations, and under this section at no expense to the pilot shall authorize a Federal flight deck officer to pilots employed by such carriers to the or the air carrier employing the pilot. to carry a firearm while engaged in pro- extent that such carriers and pilots are cov- ‘‘(2) TRAINING.— viding air transportation or intrastate air ered by section 135.119 of such title or any ‘‘(A) IN GENERAL.—The Under Secretary transportation. Notwithstanding subsection successor to such section. shall base the requirements for the training (c)(1), the officer may purchase a firearm and ‘‘(2) PILOT DEFINED.—The term ‘pilot’ of Federal flight deck officers under sub- carry that firearm aboard an aircraft of means an individual who has final authority section (b) on the training standards applica- which the officer is the pilot in accordance and responsibility for the operation and safe- ble to Federal air marshals; except that the with this section if the firearm is of a type ty of the flight or, if more than 1 pilot is re- Under Secretary shall take into account the that may be used under the program. quired for the operation of the aircraft or by differing roles and responsibilities of Federal ‘‘(2) PREEMPTION.—Notwithstanding any the regulations under which the flight is flight deck officers and Federal air marshals. other provision of Federal or State law, a being conducted, the individual designated ‘‘(B) ELEMENTS.—The training of a Federal Federal flight deck officer, whenever nec- as second in command.’’. flight deck officer shall include, at a min- essary to participate in the program, may (b) CONFORMING AMENDMENTS.— imum, the following elements: carry a firearm in any State and from 1 (1) CHAPTER ANALYSIS.—The analysis for ‘‘(i) Training to ensure that the officer State to another State. such chapter is amended by inserting after achieves the level of proficiency with a fire- ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED the item relating to section 44920 the fol- arm required under subparagraph (C)(i). STATES.—In consultation with the Secretary lowing: ‘‘(ii) Training to ensure that the officer of State, the Under Secretary may take such ‘‘44921. Federal flight deck officer pro- maintains exclusive control over the offi- action as may be necessary to ensure that a gram.’’. Federal flight deck officer may carry a fire- cer’s firearm at all times, including training (2) FLIGHT DECK SECURITY.—Section 128 of in defensive maneuvers. arm in a foreign country whenever necessary the Aviation and Transportation Security ‘‘(iii) Training to assist the officer in de- to participate in the program. Act (Public Law 107–71) is repealed. ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- termining when it is appropriate to use the (c) FEDERAL AIR MARSHAL PROGRAM.— standing section 44903(d), the Under Sec- officer’s firearm and when it is appropriate (1) SENSE OF CONGRESS.—It is the sense of retary shall prescribe the standards and cir- to use less than lethal force. Congress that the Federal air marshal pro- cumstances under which a Federal flight ‘‘(C) TRAINING IN USE OF FIREARMS.— gram is critical to aviation security. deck officer may use, while the program ‘‘(i) STANDARD.—In order to be deputized as (2) LIMITATION ON STATUTORY CONSTRUC- under this section is in effect, force (includ- a Federal flight deck officer, a pilot must TION.—Nothing in this Act, including any ing lethal force) against an individual in the achieve a level of proficiency with a firearm amendment made by this Act, shall be con- defense of the flight deck of an aircraft in air that is required by the Under Secretary. strued as preventing the Under Secretary of transportation or intrastate air transpor- Such level shall be comparable to the level Transportation for Security from imple- of proficiency required of Federal air mar- tation. ‘‘(h) LIMITATION ON LIABILITY.— menting and training Federal air marshals. shals. ‘‘(1) LIABILITY OF AIR CARRIERS.—An air SEC. 1403. CREW TRAINING. ‘‘(ii) CONDUCT OF TRAINING.—The training carrier shall not be liable for damages in any (a) IN GENERAL.—Section 44918(e) of title of a Federal flight deck officer in the use of action brought in a Federal or State court 49, United States Code, is amended— a firearm may be conducted by the Under arising out of a Federal flight deck officer’s (1) by striking ‘‘The Administrator’’ and Secretary or by a firearms training facility use of or failure to use a firearm. inserting the following: approved by the Under Secretary. ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF- ‘‘(1) IN GENERAL.—The Under Secretary’’; ‘‘(iii) REQUALIFICATION.—The Under Sec- FICERS.—A Federal flight deck officer shall (2) by adding at the end the following: retary shall require a Federal flight deck of- not be liable for damages in any action ‘‘(2) ADDITIONAL REQUIREMENTS.—In updat- ficer to requalify to carry a firearm under brought in a Federal or State court arising ing the training guidance, the Under Sec- the program. Such requalification shall out of the acts or omissions of the officer in retary, in consultation with the Adminis- occur at an interval required by the Under defending the flight deck of an aircraft trator, shall issue a rule to— Secretary. against acts of criminal violence or air pi- ‘‘(A) require both classroom and effective ‘‘(d) DEPUTIZATION.— racy unless the officer is guilty of gross neg- hands-on situational training in the fol- ‘‘(1) IN GENERAL.—The Under Secretary ligence or willful misconduct. lowing elements of self defense: may deputize, as a Federal flight deck officer ‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.— ‘‘(i) recognizing suspicious activities and under this section, a pilot who submits to For purposes of an action against the United determining the seriousness of an occur- the Under Secretary a request to be such an States with respect to an act or omission of rence; officer and whom the Under Secretary deter- a Federal flight deck officer in defending the ‘‘(ii) deterring a passenger who might mines is qualified to be such an officer. flight deck of an aircraft, the officer shall be present a problem; ‘‘(2) QUALIFICATION.—A pilot is qualified to treated as an employee of the Federal Gov- ‘‘(iii) crew communication and coordina- be a Federal flight deck officer under this ernment under chapter 171 of title 28, relat- tion; section if— ing to tort claims procedure. ‘‘(iv) the proper commands to give to pas- ‘‘(A) the pilot is employed by an air car- ‘‘(i) PROCEDURES FOLLOWING ACCIDENTAL sengers and attackers; rier; DISCHARGES.—If an accidental discharge of a ‘‘(v) methods to subdue and restrain an ‘‘(B) the Under Secretary determines (in firearm under the pilot program results in attacker; the Under Secretary’s discretion) that the the injury or death of a passenger or crew ‘‘(vi) use of available items aboard the air- pilot meets the standards established by the member on an aircraft, the Under Sec- craft for self-defense; Under Secretary for being such an officer; retary— ‘‘(vii) appropriate and effective responses and ‘‘(1) shall revoke the deputization of the to defend oneself, including the use of force ‘‘(C) the Under Secretary determines that Federal flight deck officer responsible for against an attacker; the pilot has completed the training required that firearm if the Under Secretary deter- ‘‘(viii) use of protective devices assigned to by the Under Secretary. mines that the discharge was attributable to crew members (to the extent such devices ‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGEN- the negligence of the officer; and are approved by the Administrator or Under CIES.—The Under Secretary may request an- ‘‘(2) if the Under Secretary determines that Secretary); other Federal agency to deputize, as Federal a shortcoming in standards, training, or pro- ‘‘(ix) the psychology of terrorists to cope flight deck officers under this section, those cedures was responsible for the accidental with their behavior and passenger responses pilots that the Under Secretary determines discharge, the Under Secretary may tempo- to that behavior; are qualified to be such officers. rarily suspend the program until the short- ‘‘(x) how to respond to aircraft maneuvers ‘‘(4) REVOCATION.—The Under Secretary coming is corrected. that may be authorized to defend against an may, (in the Under Secretary’s discretion) ‘‘(j) LIMITATION ON AUTHORITY OF AIR CAR- act of criminal violence or air piracy; revoke the deputization of a pilot as a Fed- RIERS.—No air carrier shall prohibit or ‘‘(B) require training in the proper conduct eral flight deck officer if the Under Sec- threaten any retaliatory action against a of a cabin search, including the duty time re- retary finds that the pilot is no longer quali- pilot employed by the air carrier from be- quired to conduct the search; fied to be such an officer. coming a Federal flight deck officer under ‘‘(C) establish the required number of ‘‘(e) COMPENSATION.—Pilots participating this section. No air carrier shall— hours of training and the qualifications for in the program under this section shall not ‘‘(1) prohibit a Federal flight deck officer the training instructors; be eligible for compensation from the Fed- from piloting an aircraft operated by the air ‘‘(D) establish the intervals, number of eral Government for services provided as a carrier, or hours, and elements of recurrent training; Federal flight deck officer. The Federal Gov- ‘‘(2) terminate the employment of a Fed- ‘‘(E) ensure that air carriers provide the ernment and air carriers shall not be obli- eral flight deck officer, solely on the basis of initial training required by this paragraph gated to compensate a pilot for participating his or her volunteering for or participating within 24 months of the date of enactment of in the program or for the pilot’s training or in the program under this section. this subparagraph; and

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10944 CONGRESSIONAL RECORD — SENATE November 13, 2002 ‘‘(F) ensure that no person is required to the results of the study. The report may be records, and other assets and obligations of participate in any hands-on training activity submitted in classified and redacted form. agencies transferred under the plan. that that person believes will have an ad- SEC. 1405. AUTHORITY TO ARM FLIGHT DECK (6) Specification of the proposed alloca- verse impact on his or her health or safety. CREW WITH LESS-THAN-LETHAL tions within the Department of the functions ‘‘(3) RESPONSIBILITY OF UNDER SECRETARY.— WEAPONS. of the agencies and subdivisions that are not (A) CONSULTATION.—In developing the rule (a) IN GENERAL.—Section 44903(i) of title 49, related directly to securing the homeland. under paragraph (2), the Under Secretary United States Code (as redesignated by sec- (c) MODIFICATION OF PLAN.—The President shall consult with law enforcement per- tion 6 of this Act) is amended by adding at may, on the basis of consultations with the sonnel and security experts who have exper- the end the following: appropriate congressional committees, mod- tise in self-defense training, terrorism ex- ‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS- ify or revise any part of the plan until that perts, and representatives of air carriers, the THAN-LETHAL WEAPONS.—If, after the date of part of the plan becomes effective in accord- provider of self-defense training for Federal enactment of this paragraph, the Under Sec- ance with subsection (d). air marshals, flight attendants, labor organi- retary receives a request from an air carrier (d) EFFECTIVE DATE.— zations representing flight attendants, and for authorization to allow pilots of the air (1) IN GENERAL.—The reorganization plan educational institutions offering law en- carrier to carry less-than-lethal weapons, described in this section, including any forcement training programs. the Under Secretary shall respond to that re- modifications or revisions of the plan under subsection (d), shall become effective for an ‘‘(B) DESIGNATION OF OFFICIAL.—The Under quest within 90 days.’’. agency on the earlier of— Secretary shall designate an official in the (b) CONFORMING AMENDMENTS.—Such sec- (A) the date specified in the plan (or the Transportation Security Administration to tion is further amended— plan as modified pursuant to subsection (d)), be responsible for overseeing the implemen- (1) in paragraph (1) by striking ‘‘Sec- except that such date may not be earlier tation of the training program under this retary’’ the first and third places it appears than 90 days after the date the President has subsection. and inserting ‘‘Under Secretary’’; and transmitted the reorganization plan to the ‘‘(C) NECESSARY RESOURCES AND KNOWL- (2) in paragraph (2) by striking ‘‘Sec- appropriate congressional committees pursu- EDGE.—The Under Secretary shall ensure retary’’ each place it appears and inserting ant to subsection (a); or that employees of the Administration re- ‘‘Under Secretary’’. (B) the end of the transition period. sponsible for monitoring the training pro- SEC. 1406. TECHNICAL AMENDMENTS. (2) STATUTORY CONSTRUCTION.—Nothing in gram have the necessary resources and Section 44903 of title 49, United States Code, is amended— this subsection may be construed to require knowledge.’’; and the transfer of functions, personnel, records, (3) by aligning the remainder of the text of (1) by redesignating subsection (i) (relating to short-term assessment and deployment of balances of appropriations, or other assets of paragraph (1) (as designated by paragraph (1) an agency on a single date. of this section) with paragraphs (2) and (3) emerging security technologies and proce- (3) SUPERSEDES EXISTING LAW.—Paragraph (as added by paragraph (2) of this section). dures) as subsection (j); (2) by redesignating the second subsection (1) shall apply notwithstanding section 905(b) (b) ENHANCE SECURITY MEASURES.—Section of title 5, United States Code. 109(a) of the Aviation and Transportation Se- (h) (relating to authority to arm flight deck SEC. 1503. REVIEW OF CONGRESSIONAL COM- curity Act (49 U.S.C. 114 note; 115 Stat. 613– crew with less-than-lethal weapons) as subsection (i); and MITTEE STRUCTURES. 614) is amended by adding at the end the fol- It is the sense of Congress that each House lowing: (3) by redesignating the third subsection (h) (relating to limitation on liability for of Congress should review its committee ‘‘(9) Require that air carriers provide flight structure in light of the reorganization of re- acts to thwart criminal violence for aircraft attendants with a discreet, hands-free, wire- sponsibilities within the executive branch by piracy) as subsection (k). less method of communicating with the pi- the establishment of the Department. TITLE XV—TRANSITION lots.’’. Subtitle B—Transitional Provisions (c) BENEFITS AND RISKS OF PROVIDING Subtitle A—Reorganization Plan SEC. 1511. TRANSITIONAL AUTHORITIES. FLIGHT ATTENDANTS WITH NONLETHAL WEAP- SEC. 1501. DEFINITIONS. (a) PROVISION OF ASSISTANCE BY OFFI- ONS.— For purposes of this title: CIALS.—Until the transfer of an agency to (1) STUDY.—The Under Secretary of Trans- (1) The term ‘‘agency’’ includes any entity, the Department, any official having author- portation for Security shall conduct a study organizational unit, program, or function. ity over or functions relating to the agency to evaluate the benefits and risks of pro- (2) The term ‘‘transition period’’ means the immediately before the effective date of this viding flight attendants with nonlethal 12-month period beginning on the effective Act shall provide to the Secretary such as- weapons to aide in combating air piracy and date of this Act. sistance, including the use of personnel and criminal violence on commercial airlines. SEC. 1502. REORGANIZATION PLAN. assets, as the Secretary may request in pre- (2) REPORT.—Not later than 6 months after (a) SUBMISSION OF PLAN.—Not later than 60 paring for the transfer and integration of the the date of enactment of this Act, the Under days after the date of the enactment of this agency into the Department. Secretary shall transmit to Congress a re- Act, the President shall transmit to the ap- (b) SERVICES AND PERSONNEL.—During the port on the results of the study. propriate congressional committees a reor- transition period, upon the request of the SEC. 1404. COMMERCIAL AIRLINE SECURITY ganization plan regarding the following: Secretary, the head of any executive agency STUDY. (1) The transfer of agencies, personnel, as- may, on a reimbursable basis, provide serv- (a) STUDY.—The Secretary of Transpor- sets, and obligations to the Department pur- ices or detail personnel to assist with the tation shall conduct a study of the following: suant to this Act. transition. (1) The number of armed Federal law en- (2) Any consolidation, reorganization, or (c) ACTING OFFICIALS.—(1) During the tran- forcement officers (other than Federal air streamlining of agencies transferred to the sition period, pending the advice and consent marshals), who travel on commercial air- Department pursuant to this Act. of the Senate to the appointment of an offi- liners annually and the frequency of their (b) PLAN ELEMENTS.—The plan transmitted cer required by this Act to be appointed by travel. under subsection (a) shall contain, con- and with such advice and consent, the Presi- (2) The cost and resources necessary to sistent with this Act, such elements as the dent may designate any officer whose ap- provide such officers with supplemental President deems appropriate, including the pointment was required to be made by and training in aircraft anti-terrorism training following: with such advice and consent and who was that is comparable to the training that Fed- (1) Identification of any functions of agen- such an officer immediately before the effective date of this Act (and who continues in eral air marshals are provided. cies transferred to the Department pursuant office) or immediately before such designa- (3) The cost of establishing a program at a to this Act that will not be transferred to tion, to act in such office until the same is Federal law enforcement training center for the Department under the plan. filled as provided in this Act. While so act- the purpose of providing new Federal law en- (2) Specification of the steps to be taken by ing, such officers shall receive compensation forcement recruits with standardized train- the Secretary to organize the Department, at the higher of— ing comparable to the training that Federal including the delegation or assignment of (A) the rates provided by this Act for the air marshals are provided. functions transferred to the Department respective offices in which they act; or (4) The feasibility of implementing a cer- among officers of the Department in order to (B) the rates provided for the offices held tification program designed for the purpose permit the Department to carry out the at the time of designation. of ensuring Federal law enforcement officers functions transferred under the plan. (2) Nothing in this Act shall be understood have completed the training described in (3) Specification of the funds available to to require the advice and consent of the Sen- paragraph (2) and track their travel over a 6- each agency that will be transferred to the ate to the appointment by the President to a month period. Department as a result of transfers under position in the Department of any officer (5) The feasibility of staggering the flights the plan. whose agency is transferred to the Depart- of such officers to ensure the maximum (4) Specification of the proposed alloca- ment pursuant to this Act and whose duties amount of flights have a certified trained tions within the Department of unexpended following such transfer are germane to those Federal officer on board. funds transferred in connection with trans- performed before such transfer. (b) REPORT.—Not later than 6 months after fers under the plan. (d) TRANSFER OF PERSONNEL, ASSETS, OBLI- the date of enactment of this Act, the Sec- (5) Specification of any proposed disposi- GATIONS, AND FUNCTIONS.—Upon the transfer retary shall transmit to Congress a report on tion of property, facilities, contracts, of an agency to the Department—

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10945 (1) the personnel, assets, and obligations date of this Act shall be deemed to refer, as TITLE XVI—CORRECTIONS TO EXISTING held by or available in connection with the appropriate, to the Department, to its offi- LAW RELATING TO AIRLINE TRANSPOR- agency shall be transferred to the Secretary cers, employees, or agents, or to its cor- TATION SECURITY for appropriate allocation, subject to the ap- responding organizational units or functions. SEC. 1601. RETENTION OF SECURITY SENSITIVE proval of the Director of the Office of Man- Statutory reporting requirements that ap- INFORMATION AUTHORITY AT DE- agement and Budget and in accordance with plied in relation to such an agency imme- PARTMENT OF TRANSPORTATION. the provisions of section 1531(a)(2) of title 31, diately before the effective date of this Act (a) Section 40119 of title 49, United States United States Code; and shall continue to apply following such trans- Code, is amended— (2) the Secretary shall have all functions fer if they refer to the agency by name. (1) in subsection (a)— relating to the agency that any other official (e) EMPLOYMENT PROVISIONS.—(1) Notwith- (A) by inserting ‘‘and the Administrator of could by law exercise in relation to the agen- standing the generality of the foregoing (in- the Federal Aviation Administration each’’ cy immediately before such transfer, and cluding subsections (a) and (d)), in and for after ‘‘for Security’’; and shall have in addition all functions vested in the Department the Secretary may, in regu- (B) by striking ‘‘criminal violence and air- the Secretary by this Act or other law. lations prescribed jointly with the Director craft piracy’’ and inserting ‘‘criminal vio- (e) PROHIBITION ON USE OF TRANSPORTATION of the Office of Personnel Management, lence, aircraft piracy, and terrorism and to TRUST FUNDS.— adopt the rules, procedures, terms, and con- ensure security’’; and (1) IN GENERAL.—Notwithstanding any ditions, established by statute, rule, or regu- (2) in subsection (b)(1)— other provision of this Act, no funds derived lation before the effective date of this Act, (A) by striking ‘‘, the Under Secretary’’ from the Highway Trust Fund, Airport and relating to employment in any agency trans- and inserting ‘‘and the establishment of a Airway Trust Fund, Inland Waterway Trust ferred to the Department pursuant to this Department of Homeland Security, the Sec- Fund, or Harbor Maintenance Trust Fund, Act; and retary of Transportation’’; may be transferred to, made available to, or (2) except as otherwise provided in this (B) by striking ‘‘carrying out’’ and all that obligated by the Secretary or any other offi- Act, or under authority granted by this Act, follows through ‘‘if the Under Secretary’’ cial in the Department. the transfer pursuant to this Act of per- and inserting ‘‘ensuring security under this (2) LIMITATION.—This subsection shall not sonnel shall not alter the terms and condi- title if the Secretary of Transportation’’; apply to security-related funds provided to tions of employment, including compensa- and the Federal Aviation Administration for fis- tion, of any employee so transferred. (C) in subparagraph (C) by striking ‘‘the cal years preceding fiscal year 2003 for (A) (f) STATUTORY REPORTING REQUIREMENTS.— safety of passengers in transportation’’ and operations, (B) facilities and equipment, or Any statutory reporting requirement that inserting ‘‘transportation safety’’. (C) research, engineering, and development. applied to an agency, transferred to the De- (b) Section 114 of title 49, United States SEC. 1512. SAVINGS PROVISIONS. partment under this Act, immediately before Code, is amended by adding at the end the (a) COMPLETED ADMINISTRATIVE ACTIONS.— the effective date of this Act shall continue following: (1) Completed administrative actions of an to apply following that transfer if the statu- ‘‘(s) NONDISCLOSURE OF SECURITY ACTIVI- agency shall not be affected by the enact- tory requirement refers to the agency by TIES.— ment of this Act or the transfer of such name. ‘‘(1) IN GENERAL.—Notwithstanding section agency to the Department, but shall con- SEC. 1513. TERMINATIONS. 552 of title 5, the Under Secretary shall pre- tinue in effect according to their terms until Except as otherwise provided in this Act, scribe regulations prohibiting the disclosure amended, modified, superseded, terminated, whenever all the functions vested by law in of information obtained or developed in car- set aside, or revoked in accordance with law any agency have been transferred pursuant rying out security under authority of the by an officer of the United States or a court to this Act, each position and office the in- Aviation and Transportation Security Act of competent jurisdiction, or by operation of cumbent of which was authorized to receive (Public Law 107–71) or under chapter 449 of law. compensation at the rates prescribed for an this title if the Under Secretary decides that (2) For purposes of paragraph (1), the term office or position at level II, III, IV, or V, of disclosing the information would— ‘‘completed administrative action’’ includes the Executive Schedule, shall terminate. ‘‘(A) be an unwarranted invasion of personal privacy; orders, determinations, rules, regulations, SEC. 1514. NATIONAL IDENTIFICATION SYSTEM personnel actions, permits, agreements, NOT AUTHORIZED. ‘‘(B) reveal a trade secret or privileged or confidential commercial or financial infor- grants, contracts, certificates, licenses, reg- Nothing in this Act shall be construed to mation; or istrations, and privileges. authorize the development of a national ‘‘(C) be detrimental to the security of (b) PENDING PROCEEDINGS.—Subject to the identification system or card. authority of the Secretary under this Act— transportation. SEC. 1515. CONTINUITY OF INSPECTOR GENERAL ‘‘(2) AVAILABILITY OF INFORMATION TO CON- (1) pending proceedings in an agency, in- OVERSIGHT. cluding notices of proposed rulemaking, and GRESS.—Paragraph (1) does not authorize in- Notwithstanding the transfer of an agency applications for licenses, permits, certifi- formation to be withheld from a committee to the Department pursuant to this Act, the cates, grants, and financial assistance, shall of Congress authorized to have the informa- Inspector General that exercised oversight of continue notwithstanding the enactment of tion. such agency prior to such transfer shall con- this Act or the transfer of the agency to the ‘‘(3) LIMITATION ON TRANSFERABILITY OF DU- tinue to exercise oversight of such agency Department, unless discontinued or modified TIES.—Except as otherwise provided by law, during the period of time, if any, between under the same terms and conditions and to the Under Secretary may not transfer a duty the transfer of such agency to the Depart- the same extent that such discontinuance or power under this subsection to another ment pursuant to this Act and the appoint- could have occurred if such enactment or department, agency, or instrumentality of ment of the Inspector General of the Depart- transfer had not occurred; and the United States.’’. ment of Homeland Security in accordance (2) orders issued in such proceedings, and SEC. 1602. INCREASE IN CIVIL PENALTIES. with section 103(b). appeals therefrom, and payments made pur- Section 46301(a) of title 49, United States suant to such orders, shall issue in the same SEC. 1516. INCIDENTAL TRANSFERS. Code, is amended by adding at the end the manner and on the same terms as if this Act The Director of the Office of Management following: had not been enacted or the agency had not and Budget, in consultation with the Sec- ‘‘(8) AVIATION SECURITY VIOLATIONS.—Not- been transferred, and any such orders shall retary, is authorized and directed to make withstanding paragraphs (1) and (2) of this continue in effect until amended, modified, such additional incidental dispositions of subsection, the maximum civil penalty for superseded, terminated, set aside, or revoked personnel, assets, and liabilities held, used, violating chapter 449 or another requirement by an officer of the United States or a court arising from, available, or to be made avail- under this title administered by the Under of competent jurisdiction, or by operation of able, in connection with the functions trans- Secretary of Transportation for Security law. ferred by this Act, as the Director may de- shall be $10,000; except that the maximum (c) PENDING CIVIL ACTIONS.—Subject to the termine necessary to accomplish the pur- civil penalty shall be $25,000 in the case of a authority of the Secretary under this Act, poses of this Act. person operating an aircraft for the trans- pending civil actions shall continue notwith- SEC. 1517. REFERENCE. portation of passengers or property for com- standing the enactment of this Act or the With respect to any function transferred pensation (except an individual serving as an transfer of an agency to the Department, and by or under this Act (including under a reor- airman).’’. in such civil actions, proceedings shall be ganization plan that becomes effective under SEC. 1603. ALLOWING UNITED STATES CITIZENS had, appeals taken, and judgments rendered section 1502) and exercised on or after the ef- AND UNITED STATES NATIONALS AS and enforced in the same manner and with fective date of this Act, reference in any SCREENERS. the same effect as if such enactment or other Federal law to any department, com- Section 44935(e)(2)(A)(ii) of title 49, United transfer had not occurred. mission, or agency or any officer or office States Code, is amended by striking ‘‘citizen (d) REFERENCES.—References relating to an the functions of which are so transferred of the United States’’ and inserting ‘‘citizen agency that is transferred to the Department shall be deemed to refer to the Secretary, of the United States or a national of the in statutes, Executive orders, rules, regula- other official, or component of the Depart- United States, as defined in section tions, directives, or delegations of authority ment to which such function is so trans- 1101(a)(22) of the Immigration and Nation- that precede such transfer or the effective ferred. ality Act (8 U.S.C. 1101(a)(22))’’.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10946 CONGRESSIONAL RECORD — SENATE November 13, 2002 TITLE XVII—CONFORMING AND it appears and inserting ‘‘of Homeland Secu- tation’’ both places it appears and inserting TECHNICAL AMENDMENTS rity’’. ‘‘of Homeland Security’’. SEC. 1701. INSPECTOR GENERAL ACT OF 1978. (2) Section 801(1) of such title is amended (8) Section 2301(5)(D) of the Elementary Section 11 of the Inspector General Act of by striking ‘‘the General Counsel of the De- and Secondary Education Act of 1965 (20 1978 (Public Law 95–452) is amended— partment of Transportation’’ and inserting U.S.C. 6671(5)(D)) is amended by striking ‘‘of (1) by inserting ‘‘Homeland Security,’’ ‘‘an official designated to serve as Judge Ad- Transportation’’ and inserting ‘‘of Homeland Security’’. after ‘‘Transportation,’’ each place it ap- vocate General of the Coast Guard by the (9) Section 2307(a) of the Elementary and pears; and Secretary of Homeland Security’’. (3) Section 983(d)(2)(B) of such title is Secondary Education Act of 1965 (20 U.S.C. (2) by striking ‘‘; and’’ each place it ap- 6677(a)) is amended by striking ‘‘of Transpor- pears in paragraph (1) and inserting ‘‘;’’; amended by striking ‘‘Department of Trans- portation’’ and inserting ‘‘Department of tation’’ and inserting ‘‘of Homeland Secu- SEC. 1702. EXECUTIVE SCHEDULE. Homeland Security’’. rity’’. (a) IN GENERAL.—Title 5, United States (4) Section 2665(b) of such title is amended (10) Section 1034(a) of Public Law 105–85 (21 Code, is amended— by striking ‘‘Department of Transportation’’ U.S.C. 1505a(a)) is amended by striking ‘‘of (1) in section 5312, by inserting ‘‘Secretary and inserting ‘‘Department in which the Transportation’’ and inserting ‘‘of Homeland of Homeland Security.’’ as a new item after Security’’. Coast Guard is operating’’. ‘‘Affairs.’’; (11) The Military Selective Service Act is (5) Section 7045 of such title is amended— (2) in section 5313, by inserting ‘‘Deputy amended— (A) in subsections (a)(1) and (b), by striking Secretary of Homeland Security.’’ as a new (A) in section 4(a) (50 U.S.C. App. 454(a)), ‘‘Secretaries of the Army, Air Force, and item after ‘‘Affairs.’’; by striking ‘‘of Transportation’’ in the Transportation’’ both places it appears and (3) in section 5314, by inserting ‘‘Under Sec- fourth paragraph and inserting ‘‘of Home- inserting ‘‘Secretary of the Army, the Sec- retaries, Department of Homeland Secu- land Security’’; retary of the Air Force, and the Secretary of rity.’’, ‘‘Director of the Bureau of Citizenship (B) in section 4(b) (50 U.S.C. App. 454(b)), by Homeland Security’’; and and Immigration Services.’’ as new items striking ‘‘of Transportation’’ both places it (B) in subsection (b), by striking ‘‘Depart- after ‘‘Affairs.’’ the third place it appears; appears and inserting ‘‘of Homeland Secu- ment of Transportation’’ and inserting ‘‘De- (4) in section 5315, by inserting ‘‘Assistant rity’’; partment of Homeland Security’’. (C) in section 6(d)(1) (50 U.S.C. App. Secretaries, Department of Homeland Secu- (6) Section 7361(b) of such title is amended 456(d)(1)), by striking ‘‘of Transportation’’ rity.’’, ‘‘General Counsel, Department of in the subsection heading by striking Homeland Security.’’, ‘‘Officer for Civil both places it appears and inserting ‘‘of ‘‘TRANSPORTATION’’ and inserting ‘‘HOME- Rights and Civil Liberties, Department of Homeland Security’’; LAND SECURITY’’. Homeland Security.’’, ‘‘Chief Financial Offi- (7) Section 12522(c) of such title is amended (D) in section 9(c) (50 U.S.C. App. 459(c)), by cer, Department of Homeland Security.’’, in the subsection heading by striking striking ‘‘Secretaries of Army, Navy, Air ‘‘Chief Information Officer, Department of Force, or Transportation’’ and inserting ‘‘TRANSPORTATION’’ and inserting ‘‘HOME- Homeland Security.’’, and ‘‘Inspector Gen- ‘‘Secretary of a military department, and LAND SECURITY’’. the Secretary of Homeland Security with re- eral, Department of Homeland Security.’’ as (c) TITLE 37, U.S.C.—Title 37, United States new items after ‘‘Affairs.’’ the first place it Code, is amended in sections 101(5), 204(i)(4), spect to the Coast Guard,’’; and appears; and 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), (E) in section 15(e) (50 U.S.C. App. 465(e)), (5) in section 5315, by striking ‘‘Commis- 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), by striking ‘‘of Transportation’’ both places sioner of Immigration and Naturalization, 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), it appears and inserting ‘‘of Homeland Secu- Department of Justice.’’. 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), rity’’. (f) TECHNICAL CORRECTION.—(1) Title 14, (b) SPECIAL EFFECTIVE DATE.—Notwith- 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, United States Code, is amended by redesig- standing section 4, the amendment made by 1001(c), 1006(f), 1007(a), and 1011(d) by striking nating section 673 (as added by section 309 of subsection (a)(5) shall take effect on the date ‘‘of Transportation’’ each place it appears on which the transfer of functions specified Public Law 104–324) as section 673a. and inserting ‘‘of Homeland Security’’. (2) The table of sections at the beginning of under section 441 takes effect. (d) TITLE 38, U.S.C.—Title 38, United States SEC. 1703. UNITED STATES SECRET SERVICE. chapter 17 of such title is amended by redes- Code, is amended in sections 101(25)(d), ignating the item relating to such section as (a) IN GENERAL.—(1) The United States 1560(a), 3002(5), 3011(a)(1)(A)(ii)(I), Code is amended in section 202 of title 3, and section 673a. 3011(a)(1)(A)(ii)(II), 3011(a)(1)(B)(ii)(III), (g) EFFECTIVE DATE.—The amendments in section 3056 of title 18, by striking ‘‘of the 3011(a)(1)(C)(iii)(II)(cc), 3012(b)(1)(A)(v), made by this section (other than subsection Treasury’’, each place it appears and insert- 3012(b)(1)(B)(ii)(V), 3018(b)(3)(B)(iv), (f)) shall take effect on the date of transfer ing ‘‘of Homeland Security’’. 3018A(a)(3), 3018B(a)(1)(C), 3018B(a)(2)(C), of the Coast Guard to the Department. (2) Section 208 of title 3, United States 3018C(a)(5), 3020(m), 3035(b)(2), 3035(c), 3035(d), Code, is amended by striking ‘‘of Treasury’’ SEC. 1705. STRATEGIC NATIONAL STOCKPILE 3035(e), 3680A(g), and 6105(c) by striking ‘‘of AND SMALLPOX VACCINE DEVELOP- each place it appears and inserting ‘‘of Transportation’’ each place it appears and MENT. Homeland Security’’. inserting ‘‘of Homeland Security’’. (a) IN GENERAL.—Section 121 of the Public (b) EFFECTIVE DATE.—The amendments (e) OTHER DEFENSE-RELATED LAWS.—(1) Health Security and Bioterrorism Prepared- made by this section shall take effect on the Section 363 of Public Law 104–193 (110 Stat. ness and Response Act of 2002 (Public Law date of transfer of the United States Secret 2247) is amended— 107–188; 42 U.S.C. 300hh–12) is amended— Service to the Department. (A) in subsection (a)(1) (10 U.S.C. 113 note), (1) in subsection (a)(1)— SEC. 1704. COAST GUARD. by striking ‘‘of Transportation’’ and insert- (A) by striking ‘‘Secretary of Health and (a) TITLE 14, U.S.C.—Title 14, United States ing ‘‘of Homeland Security’’; and Human Services’’ and inserting ‘‘Secretary Code, is amended in sections 1, 3, 53, 95, 145, (B) in subsection (b)(1) (10 U.S.C. 704 note), of Homeland Security’’; 516, 666, 669, 673, 673a (as redesignated by sub- by striking ‘‘of Transportation’’ and insert- (B) by inserting ‘‘the Secretary of Health section (e)(1)), 674, 687, and 688 by striking ing ‘‘of Homeland Security’’. and Human Services and’’ between ‘‘in co- ‘‘of Transportation’’ each place it appears (2) Section 721(1) of Public Law 104–201 (10 ordination with’’ and ‘‘the Secretary of Vet- and inserting ‘‘of Homeland Security’’. U.S.C. 1073 note) is amended by striking ‘‘of erans Affairs’’; and (b) TITLE 10, U.S.C.—(1) Title 10, United Transportation’’ and inserting ‘‘of Homeland (C) by inserting ‘‘of Health and Human States Code, is amended in sections 101(9), Security’’. Services’’ after ‘‘as are determined by the 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), (3) Section 4463(a) of Public Law 102–484 (10 Secretary’’; and 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), U.S.C. 1143a note) is amended by striking (2) in subsections (a)(2) and (b), by insert- 708(a), 716(a), 717, 806(d)(2), 815(e), 888, ‘‘after consultation with the Secretary of ing ‘‘of Health and Human Services’’ after 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), Transportation’’. ‘‘Secretary’’ each place it appears. 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), (4) Section 4466(h) of Public Law 102–484 (10 (b) EFFECTIVE DATE.—The amendments 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), U.S.C. 1143 note) is amended by striking ‘‘of made by this section shall take effect on the 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), Transportation’’ and inserting ‘‘of Homeland date of transfer of the Strategic National 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), Security’’. Stockpile of the Department of Health and 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), (5) Section 542(d) of Public Law 103–337 (10 Human Services to the Department. 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), U.S.C. 1293 note) is amended by striking ‘‘of SEC. 1706. TRANSFER OF CERTAIN SECURITY AND 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), Transportation’’ and inserting ‘‘of Homeland LAW ENFORCEMENT FUNCTIONS 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), Security’’. AND AUTHORITIES. 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), (6) Section 740 of Public Law 106–181 (10 (a) AMENDMENT TO TITLE 40.—Section 581 of 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, U.S.C. 2576 note) is amended in subsections title 40, United States Code, is amended— 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), (b)(2), (c), and (d)(1) by striking ‘‘of Trans- (1) by striking subsection (a); and 10147(a), 10149(b), 10150, 10202(b), 10203(d), portation’’ each place it appears and insert- (2) in subsection (b)— 10205(b), 10301(b), 12103(b), 12103(d), 12304, ing ‘‘of Homeland Security’’. (A) by inserting ‘‘and’’ after the semicolon 12311(c), 12522(c), 12527(a)(2), 12731(b), (7) Section 1407(b)(2) of the Defense De- at the end of paragraph (1); 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 pendents’ Education Act of 1978 (20 U.S.C. (B) by striking ‘‘; and’’ at the end of para- by striking ‘‘of Transportation’’ each place 926(b)) is amended by striking ‘‘of Transpor- graph (2) and inserting a period; and

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10947 (C) by striking paragraph (3). ‘‘(A) extend to property referred to in para- SEC. 1710. RAILROAD SAFETY TO INCLUDE RAIL- (b) LAW ENFORCEMENT AUTHORITY.— graph (1) the applicability of regulations pre- ROAD SECURITY. (1) IN GENERAL.—Section 1315 of title 40, scribed under this section and enforce the (a) INVESTIGATION AND SURVEILLANCE AC- United States Code, is amended to read as regulations as provided in this section; or TIVITIES.—Section 20105 of title 49, United follows: ‘‘(B) utilize the authority and regulations States Code, is amended— ‘‘§ 1315. Law enforcement authority of Sec- of the requesting agency if agreed to in writ- (1) by striking ‘‘Secretary of Transpor- retary of Homeland Security for protection ing by the agencies. tation’’ in the first sentence of subsection (a) of public property ‘‘(3) FACILITIES AND SERVICES OF OTHER and inserting ‘‘Secretary concerned’’; ‘‘(a) IN GENERAL.—To the extent provided AGENCIES.—When the Secretary determines (2) by striking ‘‘Secretary’’ each place it for by transfers made pursuant to the Home- it to be economical and in the public inter- appears (except the first sentence of sub- land Security Act of 2002, the Secretary of est, the Secretary may utilize the facilities section (a)) and inserting ‘‘Secretary con- Homeland Security (in this section referred and services of Federal, State, and local law cerned’’; to as the ‘Secretary’) shall protect the build- enforcement agencies, with the consent of (3) by striking ‘‘Secretary’s duties under ings, grounds, and property that are owned, the agencies. chapters 203–213 of this title’’ in subsection occupied, or secured by the Federal Govern- ‘‘(e) AUTHORITY OUTSIDE FEDERAL PROP- (d) and inserting ‘‘duties under chapters 203– ment (including any agency, instrumen- ERTY.—For the protection of property owned 213 of this title (in the case of the Secretary tality, or wholly owned or mixed-ownership or occupied by the Federal Government and of Transportation) and duties under section corporation thereof) and the persons on the persons on the property, the Secretary may 114 of this title (in the case of the Secretary property. enter into agreements with Federal agencies of Homeland Security)’’; ‘‘(b) OFFICERS AND AGENTS.— and with State and local governments to ob- (4) by striking ‘‘chapter.’’ in subsection (f) ‘‘(1) DESIGNATION.—The Secretary may des- tain authority for officers and agents des- and inserting ‘‘chapter (in the case of the ignate employees of the Department of ignated under this section to enforce Federal Secretary of Transportation) and duties Homeland Security, including employees laws and State and local laws concurrently under section 114 of this title (in the case of transferred to the Department from the Of- with other Federal law enforcement officers the Secretary of Homeland Security).’’; and fice of the Federal Protective Service of the and with State and local law enforcement of- (5) by adding at the end the following new General Services Administration pursuant to ficers. subsection: the Homeland Security Act of 2002, as offi- ‘‘(f) SECRETARY AND ATTORNEY GENERAL ‘‘(g) DEFINITIONS.—In this section— cers and agents for duty in connection with APPROVAL.—The powers granted to officers ‘‘(1) the term ‘safety’ includes security; the protection of property owned or occupied and agents designated under this section and by the Federal Government and persons on shall be exercised in accordance with guide- ‘‘(2) the term ‘Secretary concerned’ the property, including duty in areas outside lines approved by the Secretary and the At- means— the property to the extent necessary to pro- torney General. ‘‘(A) the Secretary of Transportation, with tect the property and persons on the prop- ‘‘(g) LIMITATION ON STATUTORY CONSTRUC- respect to railroad safety matters con- erty. TION.—Nothing in this section shall be concerning such Secretary under laws adminis- ‘‘(2) POWERS.—While engaged in the per- strued to— tered by that Secretary; and formance of official duties, an officer or ‘‘(1) preclude or limit the authority of any ‘‘(B) the Secretary of Homeland Security, agent designated under this subsection Federal law enforcement agency; or with respect to railroad safety matters con- may— ‘‘(2) restrict the authority of the Adminis- cerning such Secretary under laws adminis- ‘‘(A) enforce Federal laws and regulations trator of General Services to promulgate tered by that Secretary.’’. for the protection of persons and property; regulations affecting property under the Ad- (b) REGULATIONS AND ORDERS.—Section ‘‘(B) carry firearms; ministrator’s custody and control.’’. 20103(a) of such title is amended by inserting ‘‘(C) make arrests without a warrant for (2) DELEGATION OF AUTHORITY.—The Sec- after ‘‘1970.’’ the following: ‘‘When pre- any offense against the United States com- retary may delegate authority for the pro- scribing a security regulation or issuing a se- mitted in the presence of the officer or agent tection of specific buildings to another Fed- curity order that affects the safety of rail- or for any felony cognizable under the laws eral agency where, in the Secretary’s discre- road operations, the Secretary of Homeland of the United States if the officer or agent tion, the Secretary determines it necessary Security shall consult with the Secretary.’’. has reasonable grounds to believe that the for the protection of that building. person to be arrested has committed or is (c) NATIONAL UNIFORMITY OF REGULATION.— (3) CLERICAL AMENDMENT.—The table of committing a felony; Section 20106 of such title is amended— sections at the beginning of chapter 13 of (1) by inserting ‘‘and laws, regulations, and ‘‘(D) serve warrants and subpoenas issued title 40, United States Code, is amended by under the authority of the United States; orders related to railroad security’’ after striking the item relating to section 1315 and ‘‘safety’’ in the first sentence; and inserting the following: ‘‘(E) conduct investigations, on and off the (2) by inserting ‘‘or security’’ after ‘‘safe- property in question, of offenses that may ‘‘1315. Law enforcement authority of Sec- ty’’ each place it appears after the first sen- have been committed against property retary of Homeland Security tence; and owned or occupied by the Federal Govern- for protection of public prop- (3) by striking ‘‘Transportation’’ in the ment or persons on the property. erty.’’. second sentence and inserting ‘‘Transpor- ‘‘(F) carry out such other activities for the SEC. 1707. TRANSPORTATION SECURITY REGULA- tation (with respect to railroad safety mat- promotion of homeland security as the Sec- TIONS. ters), or the Secretary of Homeland Security retary may prescribe. Title 49, United States Code, is amended— (with respect to railroad security matters),’’. ‘‘(c) REGULATIONS.— (1) in section 114(l)(2)(B), by inserting ‘‘for SEC. 1711. HAZMAT SAFETY TO INCLUDE HAZMAT ‘‘(1) IN GENERAL.—The Secretary, in con- a period not to exceed 90 days’’ after ‘‘effec- SECURITY. sultation with the Administrator of General tive’’; and (a) GENERAL REGULATORY AUTHORITY.— Services, may prescribe regulations nec- (2) in section 114(l)(2)(B), by inserting Section 5103 of title 49, United States Code, essary for the protection and administration ‘‘ratified or’’ after ‘‘unless’’. is amended— of property owned or occupied by the Federal SEC. 1708. NATIONAL BIO-WEAPONS DEFENSE (1) by striking ‘‘transportation’’ the first Government and persons on the property. ANALYSIS CENTER. place it appears in subsection (b)(1) and in- The regulations may include reasonable pen- There is established in the Department of serting ‘‘transportation, including secu- alties, within the limits prescribed in para- Defense a National Bio-Weapons Defense rity,’’; graph (2), for violations of the regulations. Analysis Center, whose mission is to develop (2) by striking ‘‘aspects’’ in subsection The regulations shall be posted and remain countermeasures to potential attacks by ter- (b)(1)(B) and inserting ‘‘aspects, including se- posted in a conspicuous place on the prop- rorists using weapons of mass destruction. curity,’’; and erty. SEC. 1709. COLLABORATION WITH THE SEC- (3) by adding at the end the following: ‘‘(2) PENALTIES.—A person violating a regu- RETARY OF HOMELAND SECURITY. ‘‘(C) CONSULTATION.—When prescribing a lation prescribed under this subsection shall (a) DEPARTMENT OF HEALTH AND HUMAN security regulation or issuing a security be fined under title 18, United States Code, SERVICES.—The second sentence of section order that affects the safety of the transpor- imprisoned for not more than 30 days, or 351A(e)(1) of the Public Health Service Act tation of hazardous material, the Secretary both. (42 U.S.C. 262A(e)(1)) is amended by striking of Homeland Security shall consult with the ‘‘(d) DETAILS.— ‘‘consultation with’’ and inserting ‘‘collabo- Secretary.’’. ‘‘(1) REQUESTS OF AGENCIES.—On the re- ration with the Secretary of Homeland Secu- (b) PREEMPTION.—Section 5125 of that title quest of the head of a Federal agency having rity and’’. is amended— charge or control of property owned or occu- (b) DEPARTMENT OF AGRICULTURE.—The (1) by striking ‘‘chapter or a regulation pied by the Federal Government, the Sec- second sentence of section 212(e)(1) of the Ag- prescribed under this chapter’’ in subsection retary may detail officers and agents des- ricultural Bioterrorism Protection Act of (a)(1) and inserting ‘‘chapter, a regulation ignated under this section for the protection 2002 (7 U.S.C. 8401) is amended by striking prescribed under this chapter, or a hazardous of the property and persons on the property. ‘‘consultation with’’ and inserting ‘‘collabo- materials transportation security regulation ‘‘(2) APPLICABILITY OF REGULATIONS.—The ration with the Secretary of Homeland Secu- or directive issued by the Secretary of Home- Secretary may— rity and’’. land Security’’;

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10948 CONGRESSIONAL RECORD — SENATE November 13, 2002 (2) by striking ‘‘chapter or a regulation THOMPSON (for Mr. GRAMM (for himself, Commission should be prominent United prescribed under this chapter.’’ in subsection Mr. MILLER, Mr. THOMPSON, Mr. BAR- States citizens, with national recognition (a)(2) and inserting ‘‘chapter, a regulation KLEY, and Mr. VOINOVICH)) to the bill and significant depth of experience in such prescribed under this chapter, or a hazardous H.R. 5005, to establish the Department professions as governmental service, law en- materials transportation security regulation forcement, the armed services, legal prac- or directive issued by the Secretary of Home- of Homeland Security, and for other tice, public administration, intelligence land Security.’’; and purposes; as follows: gathering, commerce, including aviation (3) by striking ‘‘chapter or a regulation At the appropriate place add the following: matters, and foreign affairs. prescribed under this chapter,’’ in subsection TITLE —NATIONAL COMMISSION ON TER- (4) INITIAL MEETING.—If 90 days after the (b)(1) and inserting ‘‘chapter, a regulation RORIST ATTACKS UPON THE UNITED date of enactment of this Act, 6 or more prescribed under this chapter, or a hazardous STATES members of the Commission have been ap- materials transportation security regulation SEC. 601. ESTABLISHMENT OF COMMISSION. pointed, those members who have been ap- or directive issued by the Secretary of Home- There is established in the legislative pointed may meet and, if necessary, begin land Security,’’. branch the National Commission on Ter- the operations of the Commission. SEC. 1712. OFFICE OF SCIENCE AND TECH- rorist Attacks Upon the United States (in (c) QUORUM; VACANCIES.—After its initial NOLOGY POLICY. this title referred to as the ‘‘Commission’’). meeting, the Commission shall meet upon the call of the co-chairpersons or a majority The National Science and Technology Pol- SEC. 602. PURPOSES. of its members. Six members of the Commis- icy, Organization, and Priorities Act of 1976 The purposes of the Commission are to— sion shall constitute a quorum. Any vacancy is amended— (1) examine and report upon the facts and in the Commission shall not affect its pow- (1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), causes relating to the terrorist attacks of ers, but shall be filled in the same manner in by inserting ‘‘homeland security,’’ after ‘‘na- September 11, 2001, occurring at the World which the original appointment was made. tional security,’’; and Trade Center in New York, New York, Som- (2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), erset County, Pennsylvania, and at the Pen- SEC. 604. FUNCTIONS OF THE COMMISSION. by inserting ‘‘the Office of Homeland Secu- tagon in Virginia; (a) IN GENERAL.—The functions of the Com- rity,’’ after ‘‘National Security Council,’’. (2) ascertain, evaluate, and report on the mission are to— SEC. 1713. NATIONAL OCEANOGRAPHIC PART- evidence developed by all relevant govern- (1) conduct an investigation that— NERSHIP PROGRAM. mental agencies regarding the facts and cir- (A) investigates relevant facts and cir- Section 7902(b) of title 10, United States cumstances surrounding the attacks; cumstances relating to the terrorist attacks Code, is amended by adding at the end the (3) build upon the investigations of other of September 11, 2001, including any relevant following new paragraphs: entities, and avoid unnecessary duplication, legislation, Executive order, regulation, ‘‘(13) The Under Secretary for Science and by reviewing the findings, conclusions, and plan, policy, practice, or procedure; and Technology of the Department of Homeland recommendations of— (B) may include relevant facts and cir- Security. (A) the Joint Inquiry of the Select Com- cumstances relating to— ‘‘(14) Other Federal officials the Council mittee on Intelligence of the Senate and the (i) intelligence agencies; considers appropriate.’’. Permanent Select Committee on Intelligence (ii) law enforcement agencies; of the House of Representatives regarding (iii) diplomacy; SEC. 1714. CLARIFICATION OF DEFINITION OF (iv) immigration, nonimmigrant visas, and MANUFACTURER. the terrorist attacks of September 11, 2001; and border control; Section 2133(3) of the Public Health Service (v) the flow of assets to terrorist organiza- Act (42 U.S.C. 300aa–33(3)) is amended— (B) other executive branch, congressional, or independent commission investigations tions; (1) in the first sentence, by striking ‘‘under (vi) commercial aviation; into the terrorist attacks of September 11, its label any vaccine set forth in the Vaccine (vii) the role of congressional oversight 2001, other terrorist attacks, and terrorism Injury Table’’ and inserting ‘‘any vaccine set and resource allocation; and generally; forth in the Vaccine Injury table, including (viii) other areas of the public and private (4) make a full and complete accounting of any component or ingredient of any such sectors determined relevant by the Commis- the circumstances surrounding the attacks, vaccine’’; and sion for its inquiry; and the extent of the United States’ pre- (2) in the second sentence, by inserting (2) identify, review, and evaluate the les- paredness for, and immediate response to, ‘‘including any component or ingredient of sons learned from the terrorist attacks of the attacks; and any such vaccine’’ before the period. September 11, 2001, regarding the structure, (5) investigate and report to the President SEC. 1715. CLARIFICATION OF DEFINITION OF coordination, management policies, and pro- and Congress on its findings, conclusions, VACCINE-RELATED INJURY OR cedures of the Federal Government, and, if and recommendations for corrective meas- DEATH. appropriate, State and local governments ures that can be taken to prevent acts of ter- Section 2133(5) of the Public Health Service and nongovernmental entities, relative to rorism. Act (42 U.S.C. 300aa–33(5)) is amended by add- detecting, preventing, and responding to ing at the end the following: ‘‘For purposes SEC. 603. COMPOSITION OF THE COMMISSION. such terrorist attacks; and of the preceding sentence, an adulterant or (a) MEMBERS.—The Commission shall be (3) submit to the President and Congress contaminant shall not include any compo- composed of 10 members, of whom— such reports as are required by this title con- (1) 1 member shall be appointed by the nent or ingredient listed in a vaccine’s prod- taining such findings, conclusions, and rec- President, who shall serve as a co-chair- uct license application or product label.’’. ommendations as the Commission shall de- person of the Commission; SEC. 1716. CLARIFICATION OF DEFINITION OF termine, including proposing organization, (2) 1 member shall be appointed by the VACCINE. coordination, planning, management ar- leader of the Senate (majority or minority Section 2133 of the Public Health Service rangements, procedures, rules, and regula- leader, as the case may be) who is of the Act (42 U.S.C. 300aa–33) is amended by adding tions. Democratic party, in consultation with the at the end the following: (b) RELATIONSHIP TO INTELLIGENCE COMMIT- leader of the House of Representatives (ma- ‘‘(7) The term ‘vaccine’ means any prepara- TEES’ INQUIRY.—When investigating facts and jority or minority leader, as the case may tion or suspension, including but not limited circumstances relating to the intelligence be) who is of the Democratic party, who to a preparation or suspension containing an community, the Commission shall— shall serve as a co-chairperson of the Com- attenuated or inactive microorganism or (I) first review the information compiled mission; subunit thereof or toxin, developed or admin- by, and the findings, conclusions, and rec- (3) 2 members shall be appointed by the istered to produce or enhance the body’s im- ommendations of, the Joint Inquiry of the majority leader leader of the Senate; mune response to a disease or diseases and (4) 2 members shall be appointed by the Select Committee on Intelligence of the Sen- includes all components and ingredients list- Speaker of the House of Representatives; ate and the Permanent Select Committee on ed in the vaccines’s product license applica- (5) 2 members shall be appointed by the mi- Intelligence of the House of Representatives tion and product label.’’. nority leader of the Senate; and regarding the terrorist attacks of September SEC. 1717. EFFECTIVE DATE. (6) 2 members shall be appointed by the mi- 11, 2001 (referred to in this subsection as the The amendments made by sections 1714, nority leader of the House of Representa- ‘‘Joint Inquiry’’); and 1715, and 1716 shall apply to all actions or tives. (2) after that review pursue any appro- proceedings pending on or after the date of (b) QUALIFICATIONS; INITIAL MEETING.— priate area of inquiry if the Commission de- enactment of this Act, unless a court of com- (1) POLITICAL PARTY AFFILIATION.—Not termines that— petent jurisdiction has entered judgment (re- more than 5 members of the Commission (A) the Joint Inquiry had not investigated gardless of whether the time for appeal has shall be from the same political party. that area; expired) in such action or proceeding dis- (2) NONGOVERNMENTAL APPOINTEES.—An in- (B) the Joint Inquiry’s investigation of posing of the entire action or proceeding. dividual appointed to the Commission may that area had not been complete; or not be an officer or employee of the Federal (C) new information not reviewed by the SA 4902. Mr. LIEBERMAN (for him- Government or any State or local govern- Joint Inquiry had become available with re- self, Mr. MCCAIN, and Mr. NELSON of ment. spect to that area. Nebraska) proposed an amendment to (3) OTHER QUALIFICATIONS.—It is the sense SEC. 605. POWERS OF THE COMMISSION. amendment SA 4901 proposed by Mr. of Congress that individuals appointed to the (a) IN GENERAL.—

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(1) HEARINGS AND EVIDENCE.—The Commis- members of the Commission and its staff SEC. 608. COMPENSATION AND TRAVEL EX- sion or, on the authority of the Commission, consistent with all applicable statutes, regu- PENSES. any subcommittee or member thereof, may, lations, and Executive orders. (a) COMPENSATION.—Each member of the for the purpose of carrying out this title— (d) ASSISTANCE FROM FEDERAL AGENCIES.— Commission may be compensated at not to (A) hold such hearings and sit and act at (1) GENERAL SERVICES ADMINISTRATION.— exceed the daily equivalent of the annual such times and places, take such testimony, The Administrator of General Services shall rate of basic pay in effect for a position at receive such evidence, administer such provide to the Commission on a reimburs- level IV of the Executive Schedule under sec- oaths; and able basis administrative support and other tion 5315 of title 5, United States Code, for (B) subject to paragraph (2)(A), require, by services for performance of the Commission’s each day during which that member is en- subpoena or otherwise, the attendance and functions. gaged in the actual performance of the du- testimony of such witnesses and the produc- (2) OTHER DEPARTMENTS AND AGENCIES.—In ties of the Commission. tion of such books, records, correspondence, addition to the assistance prescribed in para- (b) TRAVEL EXPENSES.—While away from memoranda, papers, and documents, as the graph (1), departments and agencies of the their homes or regular places of business in Commission or such designated sub- United States are authorized to provide to the performance of services for the Commis- committee or designated member may deter- the Commission such services, funds, facili- sion, members of the Commission shall be allowed travel expenses, including per diem in mine advisable. ties, staff, and other support services as they lieu of subsistence, in the same manner as (2) SUBPOENAS.— may determine advisable and as may be au- persons employed intermittently in the Gov- (A) ISSUANCE.— thorized by law. ernment service are allowed expenses under (i) IN GENERAL.—A subpoena may be issued (e) GIFTS.—The Commission may accept, section 5703(b) of title 5, United States Code. under this subsection only upon— use, and dispose of gifts or donations of serv- (I) the agreement of the co-chairpersons; or ices or property. SEC. 609. SECURITY CLEARANCES FOR COMMIS- SION MEMBERS AND STAFF. (II) the affirmative vote of 5 members of (f) POSTAL SERVICES.—The Commission The appropriate executive departments the Commission. may use the United States mails in the same (ii) SIGNATURE.—Subject to clause (i), sub- and agencies shall cooperate with the Com- manner and under the same conditions as de- mission in expeditiously providing to the poenas issued under paragraph (I)(B) may be partments and agencies of the United States. issued under the signature of either co-chair- Commission members and staff appropriate SEC. 606. NONAPPLICABILITY OF FEDERAL ADVI- security clearances in a manner consistent person or both co-chairpersons of the Com- SORY COMMITTEE ACT. mission, the chairperson of any sub- with existing procedures and requirements, (a) IN GENERAL.—The Federal Advisory committee created by a majority of the except that no person shall be provided with Committee Act (5 U.S.C. App.) shall not access to classified information under this Commission, or any member designated by a apply to the Commission. majority of the Commission, and may be section who would not otherwise qualify for (b) PUBLIC MEETINGS AND RELEASE OF PUB- served by any person designated by the co- such security clearance. LIC VERSIONS OF REPORTS.—The Commission chairperson, subcommittee chairperson, or SEC. 610. REPORTS OF THE COMMISSION; TERMI- shall— NATION. member. (1) hold public hearings and meetings to (B) ENFORCEMENT.— (a) INTERIM REPORTS.—The Commission the greatest extent feasible; and (i) IN GENERAL.—In the case of contumacy may submit to the President and Congress (2) release public versions of the reports re- or failure to obey a subpoena issued under interim reports containing such findings, quired under section 610 (a) and (b). paragraph (1)(B), the United States district conclusions, and recommendations for cor- (c) PUBLIC HEARINGS.—Any public hearings court for the judicial district in which the rective measures as have been agreed to by a of the Commission shall be conducted in a subpoenaed person resides, is served, or may majority of Commission members. manner consistent with the protection of in- be found, or where the subpoena is return- (b) FINAL REPORT.—Not later than 2 years formation provided to or developed for or by able, may issue an order requiring such per- after the date of the first meeting of the the Commission as required by any applica- son to appear at any designated place to tes- Commission, the Commission shall submit to ble statute, regulation, or executive order. tify or to produce documentary or other evi- the President and Congress a final report dence. Any failure to obey the order of the SEC. 607. STAFF OF THE COMMISSION. containing such findings, conclusions, and court may be punished by the court as a con- (a) IN GENERAL.— recommendations for corrective measures as tempt of that court. (1) APPOINTMENT AND COMPENSATION.—The have been agreed to by a majority of Com- (ii) ADDITIONAL ENFORCEMENT.—In the case co-chairpersons, in accordance with rules mission members. of any failure of any witness to comply with agreed upon by the Commission, may ap- (c) TERMINATION.— (1) IN GENERAL.—The Commission, and all any subpeonaor to testify when summoned point and fix the compensation of a staff di- the authorities of this title, shall terminate under authority of this section, the Commis- rector and such other personnel as may be 60 days after the date on which the second sion may, by majority vote, certify a state- necessary to enable the Commission to carry report is submitted under subsection (b). ment of fact constituting such failure to the out its functions, without regard to the pro- (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- appropriate United States attorney, who visions of title 5, United States Code, governing appointments in the competitive MINATION.—The Commission may use the 60- may bring the matter before the grand jury day period referred to in paragraph (1) for for its action, under the same statutory au- service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 the purpose of concluding its activities, in- thority and procedures as if the United cluding providing testimony to committees States attorney had received a certification of such title relating to classification and General Schedule pay rates, except that no of Congress concerning its reports and dis- under sections 102 through 104 of the Revised seminating the second report. Statutes of the United States (2 U.S.C. 192 rate of pay fixed under this subsection may SEC. 611. AUTHORIZATION OF APPROPRIATIONS. through 194). exceed the equivalent of that payable for a There are authorized to be appropriated to (b) CONTRACTING.—The Commission may, position at level V of the Executive Schedule the Commission to carry out this title to such extent and in such amounts as are under section 5316 of title 5, United States $3,000,000, to remain available until ex- provided in appropriation Acts, enter into Code. pended. contracts enable the Commission to dis- (2) PERSONNEL AS FEDERAL EMPLOYEES.— charge its duties under this title. (A) IN GENERAL.—The executive director SA 4903. Mr. DURBIN (for Mr. DOR- (c) INFORMATION FROM FEDERAL AGEN- and any personnel of the Commission who GAN (for himself, Mr. ENSIGN, Mr. HOL- CIES.— are employees shall be employees under sec- LINGS, and Mr. ALLEN)) submitted an (1) IN GENERAL.—The Commission is au- tion 2105 of title 5, United States Code, for amendment intended to be proposed by purposes of chapters 63, 81, 83, 84, 85, 87, 89, thorized to secure directly from any execu- Mr. DURBIN to the bill H.R. 3833, to fa- and 90 of that title. tive department, bureau, agency, board, cilitate the creation of a new, second- commission, office, independent establish- (B) MEMBERS OF COMMISSION.—Subpara- ment, or instrumentality, of the Government graph (A) shall not be construed to apply to level Internet domain within the information, suggestions, estimates, and sta- members of the Commission. United States country code domain tistics for the purpose of this title. Each de- (b) DETAILEES.—Any Federal Government that will be a haven for material that partment, bureau, agency, board, commis- employee may be detailed to the Commission promotes positive experiences for chil- sion, office, independent establishment or in- without reimbursement from the Commis- dren and families using the Internet, strumentality shall, to the extent authorized sion, and such detailee shall retain the provides a safe online environment for by law, furnish such information, sugges- rights, status, and privileges of his or her children, and helps to prevent children regular employment without interruption. tions, estimates, and statistics directly to from being exposed to harmful mate- the Commission, upon request made by ei- (c) CONSULTANT SERVICES.—The Commis- ther co-chairperson, the chairperson of any sion is authorized to procure the services of rial on the Internet, and for other pur- subcommittee created by a majority of the experts and consultants in accordance with poses; as follows: Commissioner or any member designated by section 3109 of title 5, United States Code, Strike out all after the enacting clause and a majority of the Commission. but at rates not to exceed the daily rate paid insert the following: (2) RECEIPT, HANDLING, STORAGE, AND DIS- a person occupying a position at level IV of SECTION 1. SHORT TITLE. SEMINATION.—Information shall only be re- the Executive Schedule under section 5315 of This Act may be cited as the ‘‘Dot Kids Im- ceived, handled, stored, and disseminated by title 5, United States Code. plementation and Efficiency Act of 2002’’.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10950 CONGRESSIONAL RECORD — SENATE November 13, 2002 SEC. 2. FINDINGS AND PURPOSES tration Organization Act (47 U.S.C 902(b)(3)) prompt, expeditious, and impartial dispute (a) FINDINGS.—The Congress finds that— is amended— resolution process regarding any material of (1) the World Wide Web presents a stimu- (1) in subparagraph (A), by striking ‘‘and’’ the registrant excluded from the new do- lating and entertaining opportunity for chil- at the end; main. dren to learn, grow, and develop education- (2) in subparagraph (B), by striking the pe- ‘‘(7) Continuous and uninterrupted service ally and intellectually; riod at the end and inserting ‘‘; and’’; and for the new domain during any transition to (2) Internet technology also makes avail- (3) by adding at the end the following new a new registry selected to operate and main- able an extensive amount of information subparagraph: tain new domain or the United States coun- that is harmful to children, as studies indi- ‘‘(C) shall assign to the NTIA responsi- try code domain. cate that a significant portion of all mate- bility for providing for the establishment, ‘‘(8) Procedures and mechanisms to pro- rial available on the Internet is related to and overseeing operation, of a second-level mote the accuracy of contact information pornography; Internet domain within the United States submitted by registrants and retained by (3) young children, when trying to use the country code domain in accordance with sec- registrars in the new domain. World Wide Web for positive purposes, are tion 157.’’. ‘‘(9) Operationality of the new domain not often presented—either mistakenly or inten- SEC. 4 CHILD-FRIENDLY SECOND-LEVEL INTER- later than one year after the date of the en- tionally—with material that is inappropriate NET DOMAIN. actment of the Dot Kids Implementation and for their age, which can be extremely frus- The National Telecommunications and In- Efficiency Act of 2002. trating for children, parents, and educators; formation Administration Organization Act ‘‘(10) Written agreements with registrars, (4) exposure of children to material that is (47 U.S.C. 901 et seq.) is amended in part C by which shall require registrars to enter into inappropriate for them, including pornog- adding at the end the following new section: written agreements with registrants, to pro- raphy, can distort the education and devel- ‘‘SEC. 157. CHILD-FRIENDLY SECOND-LEVEL hibit two-way and multiuser interactive opment of the Nation’s youth and represents INTERNET DOMAIN. services in the new domain, unless the reg- a serious harm to American families that ‘‘(a) RESPONSIBILITIES.—The NTIA shall re- istrant certifies to the registrar that such can lead to a host of other problems for chil- quire the registry selected to operate and service will be offered in compliance with dren, including appropriate use of chat maintain the United States country code the content standards established pursuant rooms, physical molestation, harassment, Internet domain to establish, operate, and to paragraph (1) and is designed to reduce and legal and financial difficulties; maintain a second-level domain within the the risk of exploitation of minors using such (5) young boys and girls, older teens, trou- United States country code domain that pro- two-way and multiuser interactive services. bled youth, frequent Internet users, chat vides access only to material that is suitable ‘‘(11) Written agreements with registrars, room participants, online risk takers, and for minors and not harmful to minors (in which shall require registrars to enter into those who communicate online with strang- this section referred to as the ‘new domain’). written agreements with registrants, to pro- ers are at greater risk for receiving un- ‘‘(b) CONDITIONS OF CONTRACTS.— hibit hyperlinks in the new domain that wanted sexual solication on the Internet; ‘‘(1) INITIAL RESISTRY.—The NTIA shall not take new domain users outside of the new (6) studies have shown that 19 percent of exercise any option periods under any con- domain. youth (ages 10 to 17) who used the Internet tract between the NTIA and the initial reg- ‘‘(12) Any other action that the NTIA con- regularly were the targets of unwanted sex- istry to operate and maintain the United siders necessary to establish, operate, or ual solicitation, but less than 10 percent of States country code Internet domain unless maintain the new domain in accordance with the solicitations were reported to the police; the initial registry agrees, during the 90-day the purposes of this section. (7) children who come across illegal con- period beginning upon the date of the enact- ‘‘(d) OPTION PERIODS FOR INITIAL REG- tent should report it to the congressionally ment of the Dot Kids Implementation and ISTRY.—The NTIA shall grant the initial reg- authorized CyberTipline, an online mecha- Efficiency Act of 2002, to carry out, and to istry the option periods available under the nism developed by the National Center for operate the new domain in accordance with, contract between the NTIA and the initial Missing and Exploited Children, for citizens the requirements under subsection (c). Noth- registry to operate and maintain the United to report sexual crimes against children; ing in this subsection shall be construed to States country code Internet domain if, and (8) the CyberTipline has received more prevent the initial registry of the United may not grant such option periods unless, than 64,400 reports, including reports of child States country code Internet domain from the NTIA finds that the initial registry has pornography, online enticement for sexual participating in the NTIA’s process for se- satisfactorily performed its obligations acts, child molestation (outside the family), lecting a successor registry or to prevent the under this Act and under the contract. Noth- and child prostitution; NTIA from awarding, to the initial registry, ing in this section shall preempt or alter the (9) although the computer software and the contract to be successor registry subject NTIA’s authority to terminate such contract hardware industries, and other related indus- to the requirements of paragraph (2). for the operation of the United States countries, have developed innovative ways to help ‘‘(2) SUCCESSOR REGISTRIES.—The NTIA try code Internet domain for cause or for parents and educators restrict material that shall not enter into any contract for oper- convenience. is harmful to minors through parental con- ating and maintaining the United States ‘‘(e) TREATMENT OF REGISTRY AND OTHER trol protections and self-regulation, to date country code Internet domain with any suc- ENTITIES.— such efforts have not provided a national so- cessor registry unless such registry enters ‘‘(1) IN GENERAL.—Only to the extent that lution to the problem of minors accessing into an agreement with the NTIA, during the such entities carry out functions under this harmful material on the World Wide Web; 90-day period after selection of such registry, section, the following entities are deemed to (10) the creation of a ‘‘green-light’’ area that provides for the registry to carry out, be interactive computer services for pur- within the United States country code Inter- and the new domain to operate in accordance poses of section 230(c) of the Communica- net domain, that will contain only content with, the requirements under section (c). tions Act of 1934 (47 U.S.C. 230(c)): that is appropriate for children under the (c) REQUIREMENTS OF NEW DOMAIN.—The ‘‘(A) The registry that operates and main- age of 13, is analogous to the creation of a registry and new domain shall be subject to tains the new domain. children’s section within a library and will the following requirements: ‘‘(B) Any entity that contracts with such promote the positive experiences of children ‘‘(1) Written content standards for the new registry to carry out functions to ensure and families in the United States; and domain, except that the NTIA shall not have that content accessed through the new do- (11) while custody, care, and nurture of the any authority to establish such standards. main complies with the limitations applica- child reside first with the parent, the protec- ‘‘(2) Written agreements with each reg- ble to the new domain. tion of the physical and psychological well- istrar for the new domain that require that ‘‘(C) Any registrar for the registry of the being of minors by shielding them from ma- use of the new domain is in accordance with new domain that is operating in compliance terial that is harmful to them is a compel- the standards and requirements of the reg- with its agreement with the registry. ling governmental interest. istry. ‘‘(2) SAVINGS PROVISION.—Nothing in para- (b) PURPOSES.—The purposes of this Act ‘‘(3) Written agreements with registrars, graph (1) shall be construed to affect the ap- are— which shall require registrars to enter into plicability of any other provision of title II (1) to facilitate the creation of a second- written agreements with registrants, to use of the Communications Act of 1934 to the en- level domain within the United States coun- the new domain in accordance with the tities covered by subparagraph (A), (B), or try code Internet domain for the location of standards and requirements of the registry. (C) of paragraph (1). material that is suitable for minors and not ‘‘(4) Rules and procedures for enforcement ‘‘(f) EDUCATION.—The NTIA shall carry out harmful to minors; and and oversight that minimize the possibility a program to publicize the availability of the (2) to ensure that the National Tele- that the new domain provides access to con- new domain and to educate the parents of communications and Information Adminis- tent that is not in accordance with the minors regarding the process for utilizing tration oversees the creation of such a sec- standards and requirements of the registry. the new domain in combination and coordi- ond-level domain and ensures the effective ‘‘(5) A process for removing from the new nation with hardware and software tech- and efficient establishment and operation of domain any content that is not in accord- nologies that provide for filtering or block- the new domain. ance with the standards and requirements of ing. The program under this subsection shall SEC. 3. NTIA AUTHORITY. the registry. be commenced not later than 30 days after Section 103(b)(3) of the National Tele- ‘‘(6) A process to provide registrants to the the date that the new domain first becomes communications and Information Adminis- new domain with an opportunity for a operational and accessible by the public.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10951 ‘‘(g) COORDINATION WITH FEDERAL GOVERN- SA 4904. Mr. DURBIN (for Mr. fiscal year 2000’’ and all that follows before MENT.—The registry selected to operate and MCCAIN (for himself and Mr. HOL- the period at the end of the first sentence maintain the new domain shall— LINGS)) proposed an amendment to the and inserting ‘‘$1,000,000 for each of fiscal ‘‘(1) consult with appropriate agencies of bill H.R. 3609, to amend title 49, United years 2003 through 2006’’. the Federal Government regarding proce- (2) FOR ADMINISTRATION.—Section 6107(b) is dures and actions to prevent minors and States Code, to enhance the security amended by striking ‘‘for fiscal years 1999, families who use the new domain from being and safety of pipelines; as follows: 2000, and 2001’’ and inserting ‘‘for fiscal years targeted by adults and other children for Strike out all after the enacting clause and 2003 through 2006’’. predatory behavior, exploitation, or illegal insert the following: actions; and SECTION 1. SHORT TITLE; AMENDMENT OF TITLE SEC. 3. ONE-CALL NOTIFICATION OF PIPELINE OPERATORS. ‘‘(2) based upon the consultations con- 49, UNITED STATES CODE. ducted pursuant to paragraph (1), establish (a) SHORT TITLE.—This title may be cited (a) LIMITATION ON PREEMPTION.—Section such procedures and take such actions as the as the ‘‘Pipeline Safety Improvement Act of 60104(c) is amended by adding at the end the registry may deem necessary to prevent such 2002’’. following: ‘‘Notwithstanding the preceding targeting. (b) AMENDMENT OF TITLE 49, UNITED STATES sentence, a State authority may enforce a CODE.—Except as otherwise expressly pro- The consultations, procedures, and actions requirement of a one-call notification provided, whenever in this Act an amendment gram of the State if the program meets the required under this subsection shall be com- or repeal is expressed in terms of an amend- menced not later than 30 days after the date requirements for one-call notification pro- ment to, or a repeal of, a section or other grams under this chapter or chapter 61.’’. that the new domain first becomes oper- provision, the reference shall be considered ational and accessible by the public. to be made to a section or other provision of (b) MINIMUM REQUIREMENTS.—Section ‘‘(h) COMPLIANCE REPORT.—The registry title 49, United States Code. 60114(a)(2) is amended by inserting ‘‘, includ- shall prepare, on an annual basis, a report on SEC. 2. ONE-CALL NOTIFICATION PROGRAMS. ing a government employee or contractor,’’ the registry’s monitoring and enforcement (a) MINIMUM STANDARDS.—Section 6103 is after ‘‘person’’. procedures for the new domain. The registry amended— (c) CRIMINAL PENALTIES.—Section 60123(d) shall submit each such report, setting forth (1) in subsection (a)— is amended— the results of the review of its monitoring (A) in paragraph (1) by inserting ‘‘, includ- (1) in the matter preceding paragraph (1) and enforcement procedures for the new doing all government operators’’ before the by striking ‘‘knowingly and willfully’’; main, to the Committee on Energy and Com- semicolon at the end; and (2) in paragraph (1) by inserting ‘‘know- merce of the House of Representatives and (B) in paragraph (2) by inserting ‘‘, includ- ingly and willfully’’ before ‘‘engages’’; the Committee on Commerce, Science, and ing all government and contract excavators’’ (3) by striking paragraph (2)(B) and insert- Transportation of the Senate. before the semicolon at the end; and ing the following: ‘‘(i) SUSPENSION OF NEW DOMAIN.—If the (2) in subsection (c) by striking ‘‘provide ‘‘(B) a pipeline facility, and knows or has NTIA finds, pursuant to its own review or for’’ and inserting ‘‘provide for and docu- reason to know of the damage, but does not upon a good faith petition by the registry, ment’’. report the damage promptly to the operator that the new domain is not serving its in- (b) COMPLIANCE WITH MINIMUM STAND- of the pipeline facility and to other appro- tended purpose, the NTIA shall instruct the ARDS.—Section 6104(d) is amended by strik- priate authorities; or’’; and registry to suspend operation of the new doing ‘‘Within 3 years after the date of the en- (4) by adding after paragraph (2) the fol- main until such time as the NTIA deter- actment of this chapter, the Secretary shall lowing: mines that the new domain can be operated begin to’’ and inserting ‘‘The Secretary ‘‘Penalties under this subsection may be reas intended. shall’’. ‘‘(j) DEFINITIONS.—For purposes of this sec- (c) IMPLEMENTATION OF BEST PRACTICES duced in the case of a violation that is tion, the following definitions shall apply: GUIDELINES.— promptly reported by the violator.’’. ‘‘(1) HARMFUL TO MINORS.—The term ‘harm- (1) IN GENERAL.—Section 6105 is amended to SEC. 4. STATE OVERSIGHT ROLE. ful to minors’ means, with respect to mate- read as follows: (a) STATE AGREEMENTS WITH CERTIFI- rial, that— ‘‘§ 6105. Implementation of best practices CATION.—Section 60106 is amended— ‘‘(A) the average person, applying contem- guidelines porary community standards, would find, (1) in subsection (a) by striking ‘‘GENERAL ‘‘(a) ADOPTION OF BEST PRACTICES.—The AUTHORITY.—’’ and inserting ‘‘AGREEMENTS taking the material as a whole and with re- Secretary of Transportation shall encourage spect to minors, that it is designed to appeal WITHOUT CERTIFICATION.—’’; States, operators of one-call notification (2) by redesignating subsections (b), (c), to, or is designed to pander to, the prurient programs, excavators (including all govern- interest; and (d) as subsections (c), (d), and (e), respec- ment and contract excavators), and under- tively; and ‘‘(B) the material depicts, describes, or rep- ground facility operators to adopt and imple- resents, in a manner patently offensive with (3) by inserting after subsection (a) the fol- ment practices identified in the best prac- lowing: respect to minors, an actual or simulated tices report entitled ‘Common Ground’, as sexual act or sexual contact, an actual or periodically updated. ‘‘(b) AGREEMENTS WITH CERTIFICATION.— simulated normal or perverted sexual act, or ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- ‘‘(1) IN GENERAL.—If the Secretary accepts a lewd exhibition of the genitals or post-pu- retary shall provide technical assistance to a certification under section 60105 and makes bescent female breast; and and participate in programs sponsored by a the determination required under this sub- ‘‘(C) taken as a whole, the material lacks non-profit organization specifically estab- section, the Secretary may make an agree- serious, literary, artistic, political, or sci- lished for the purpose of reducing construc- ment with a State authority authorizing it entific value for minors. tion-related damage to underground facili- to participate in the oversight of interstate ‘‘(2) MINOR.—The term ‘minor’ means any ties. pipeline transportation. Each such agree- person under 13 years of age. ‘‘(c) GRANTS.— ment shall include a plan for the State au- ‘‘(3) REGISTRY.—The term ‘registry’ means ‘‘(1) IN GENERAL.—The Secretary may make thority to participate in special investiga- the registry selected to operate and main- grants to a non-profit organization described tions involving incidents or new construc- tain the United States country code Internet in subsection (b). tion and allow the State authority to par- domain. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In ticipate in other activities overseeing inter- ‘‘(4) SUCCESSOR REGISTRY.—The term ‘suc- addition to amounts authorized under sec- state pipeline transportation or to assume cessor registry’ means any entity that enters tion 6107, there is authorized to be appro- additional inspection or investigatory du- into a contract with the NTIA to operate and priated for making grants under this sub- ties. Nothing in this section modifies section maintain the United States country code section $500,000 for each of fiscal years 2003 60104(c) or authorizes the Secretary to dele- Internet domain that covers any period after through 2006. Such sums shall remain avail- gate the enforcement of safety standards for the termination or expiration of the contract able until expended. interstate pipeline facilities prescribed under to operate and maintain the United States ‘‘(3) GENERAL REVENUE FUNDING.—Any sums this chapter to a State authority. country code Internet domain, and any op- appropriated under this subsection shall be ‘‘(2) DETERMINATIONS REQUIRED.—The Sec- tion periods under such contract, that was derived from general revenues and may not retary may not enter into an agreement signed on October 26, 2001. be derived from amounts collected under sec- under this subsection, unless the Secretary ‘‘(5) SUITABLE FOR MINORS.—The term ‘suit- tion 60301.’’. determines in writing that— able for minors’ means, with respect to ma- (2) CONFORMING AMENDMENT.—The analysis ‘‘(A) the agreement allowing participation terial, that it— for chapter 61 is amended by striking the of the State authority is consistent with the ‘‘(A) is not psychologically or intellectu- item relating to section 6105 and inserting Secretary’s program for inspection and con- ally inappropriate for minors; and the following: sistent with the safety policies and provi- ‘‘(B) serves— ‘‘6105. Implementation of best practices sions provided under this chapter; ‘‘(i) the educational, informational, intel- guidelines.’’. ‘‘(B) the interstate participation agree- lectual, or cognitive needs of minors; or (d) AUTHORIZATION OF APPROPRIATIONS.— ment would not adversely affect the over- ‘‘(ii) the social, emotional, or entertain- (1) FOR GRANTS FOR STATES.—Section sight responsibilities of intrastate pipeline ment needs of minors.’’. 6107(a) is amended by striking ‘‘$1,000,000 for transportation by the State authority;

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10952 CONGRESSIONAL RECORD — SENATE November 13, 2002 ‘‘(C) the State is carrying out a program retary, not later than 60 days after the date any other Federal law relating to pipeline demonstrated to promote preparedness and of receipt of the notification, shall— safety, or a proceeding for the administra- risk prevention activities that enable com- ‘‘(A) issue an order under section 60118(b) tion or enforcement of any requirement immunities to live safely with pipelines; or take other appropriate enforcement ac- posed under this chapter or any other Fed- ‘‘(D) the State meets the minimum stand- tions to ensure compliance with this chap- eral law relating to pipeline safety; ards for State one-call notification set forth ter; or ‘‘(E) provided, caused to be provided, or is in chapter 61; and ‘‘(B) provide the State authority with a about to provide or cause to be provided, tes- ‘‘(E) the actions planned under the agree- written explanation as to why the Secretary timony in any proceeding described in sub- ment would not impede interstate commerce has determined not to take such actions.’’; paragraph (D); or or jeopardize public safety. and ‘‘(F) assisted or participated or is about to ‘‘(3) EXISTING AGREEMENTS.—If requested (3) by aligning the text of paragraph (1) (as assist or participate in any manner in such a by the State authority, the Secretary shall designated by this subsection) with para- proceeding or in any other manner in such a authorize a State authority which had an graph (2) (as added by this subsection). proceeding or in any other action to carry interstate agreement in effect after January SEC. 5. PUBLIC EDUCATION PROGRAMS. out the purposes of this chapter or any other 31, 1999, to oversee interstate pipeline trans- Section 60116 is amended to read as follows: Federal law relating to pipeline safety. portation pursuant to the terms of that ‘‘(2) EMPLOYER DEFINED.—In this section, ‘‘§ 60116. Public education programs agreement until the Secretary determines the term ‘employer’ means— that the State meets the requirements of ‘‘(a) IN GENERAL.—Each owner or operator ‘‘(A) a person owning or operating a pipe- paragraph (2) and executes a new agreement, of a gas or hazardous liquid pipeline facility line facility; or or until December 31, 2003, whichever is soon- shall carry out a continuing program to edu- ‘‘(B) a contractor or subcontractor of such er. Nothing in this paragraph shall prevent cate the public on the use of a one-call noti- a person. fication system prior to excavation and the Secretary, after affording the State no- ‘‘(b) DEPARTMENT OF LABOR COMPLAINT other damage prevention activities, the pos- tice, hearing, and an opportunity to correct PROCEDURE.— sible hazards associated with unintended re- any alleged deficiencies, from terminating ‘‘(1) FILING AND NOTIFICATION.—A person leases from the pipeline facility, the physical an agreement that was in effect before enact- who believes that he or she has been dis- indications that such a release may have oc- ment of the Pipeline Safety Improvement charged or otherwise discriminated against curred, what steps should be taken for public Act of 2002 if— by any person in violation of subsection (a) safety in the event of a pipeline release, and ‘‘(A) the State authority fails to comply may, not later than 180 days after the date how to report such an event. with the terms of the agreement; on which such violation occurs, file (or have ‘‘(b) MODIFICATION OF EXISTING PRO- ‘‘(B) implementation of the agreement has any person file on his or her behalf) a com- resulted in a gap in the oversight respon- GRAMS.—Not later than 12 months after the date of enactment of the Pipeline Safety Im- plaint with the Secretary of Labor alleging sibilities of intrastate pipeline transpor- such discharge or discrimination. Upon re- tation by the State authority; or provement Act of 2002, each owner or operator of a gas or hazardous liquid pipeline fa- ceipt of such a complaint, the Secretary of ‘‘(C) continued participation by the State Labor shall notify, in writing, the person or authority in the oversight of interstate pipe- cility shall review its existing public education program for effectiveness and modify persons named in the complaint and the Sec- line transportation has had an adverse im- retary of Transportation of the filing of the pact on pipeline safety.’’. the program as necessary. The completed program shall include activities to advise af- complaint, of the allegations contained in (b) ENDING AGREEMENTS.—Subsection (e) of the complaint, of the substance of evidence section 60106 (as redesignated by subsection fected municipalities, school districts, businesses, and residents of pipeline facility lo- supporting the complaint, and of the oppor- (a)(2) of this section) is amended to read as tunities that will be afforded to such person follows: cations. The completed program shall be submitted to the Secretary or, in the case of or persons under paragraph (2). ‘‘(e) ENDING AGREEMENTS.— NVESTIGATION; PRELIMINARY ORDER.— an intrastate pipeline facility operator, the ‘‘(2) I ‘‘(1) PERMISSIVE TERMINATION.—The Sec- ‘‘(A) IN GENERAL.—Not later than 60 days appropriate State agency, and shall be peri- retary may end an agreement under this sec- after the date of receipt of a complaint filed odically reviewed by the Secretary or, in the tion when the Secretary finds that the State under paragraph (1) and after affording the case of an intrastate pipeline facility oper- authority has not complied with any provi- person or persons named in the complaint an ator, the appropriate State agency. sion of the agreement. opportunity to submit to the Secretary of ‘‘(c) STANDARDS.—The Secretary may issue ‘‘(2) MANDATORY TERMINATION OF AGREE- standards prescribing the elements of an ef- Labor a written response to the complaint MENT.—The Secretary shall end an agree- fective public education program. The Sec- and an opportunity to meet with a represent- ment for the oversight of interstate pipeline retary may also develop material for use in ative of the Secretary of Labor to present transportation if the Secretary finds that— the program.’’. statements from witnesses, the Secretary of ‘‘(A) implementation of such agreement Labor shall conduct an investigation and de- has resulted in a gap in the oversight respon- SEC. 6. PROTECTION OF EMPLOYEES PROVIDING termine whether there is reasonable cause to PIPELINE SAFETY INFORMATION. sibilities of intrastate pipeline transpor- believe that the complaint has merit and no- (a) IN GENERAL.—Chapter 601 is amended tation by the State authority; tify in writing the complainant and the per- by adding at the end the following: ‘‘(B) the State actions under the agree- son or persons alleged to have committed a ment have failed to meet the requirements ‘‘§ 60129. Protection of employees providing violation of subsection (a) of the Secretary under subsection (b); or pipeline safety information of Labor’s findings. If the Secretary of Labor ‘‘(C) continued participation by the State ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— concludes that there is reasonable cause to authority in the oversight of interstate pipe- ‘‘(1) IN GENERAL.—No employer may dis- believe that a violation of subsection (a) has line transportation would not promote pipe- charge any employee or otherwise discrimi- occurred, the Secretary of Labor shall in- line safety. nate against any employee with respect to clude with the Secretary of Labor’s findings ‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec- his compensation, terms, conditions, or with a preliminary order providing the relief retary shall give notice and an opportunity privileges of employment because the em- prescribed by paragraph (3)(B). Not later for a hearing to a State authority before ployee (or any person acting pursuant to a than 60 days after the date of notification of ending an agreement under this section. The request of the employee)— findings under this subparagraph, any person Secretary may provide a State an oppor- ‘‘(A) provided, caused to be provided, or is alleged to have committed a violation or the tunity to correct any deficiencies before end- about to provide or cause to be provided, to complainant may file objections to the finding an agreement. The finding and decision the employer or the Federal Government in- ings or preliminary order, or both, and re- to end the agreement shall be published in formation relating to any violation or al- quest a hearing on the record. The filing of the Federal Register and may not become ef- leged violation of any order, regulation, or such objections shall not operate to stay any fective for at least 15 days after the date of standard under this chapter or any other reinstatement remedy contained in the pre- publication unless the Secretary finds that Federal law relating to pipeline safety; liminary order. Such hearings shall be con- continuation of an agreement poses an immi- ‘‘(B) refused to engage in any practice ducted expeditiously. If a hearing is not re- nent hazard.’’. made unlawful by this chapter or any other quested in such 60-day period, the prelimi- (c) SECRETARY’S RESPONSE TO STATE NO- Federal law relating to pipeline safety, if the nary order shall be deemed a final order that TICES OF VIOLATIONS.—Subsection (c) of sec- employee has identified the alleged illegality is not subject to judicial review. tion 60106 (as redesignated by subsection to the employer; ‘‘(B) REQUIREMENTS.— (a)(2) of this section) is amended— ‘‘(C) provided, caused to be provided, or is ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— (1) by striking ‘‘Each agreement’’ and in- about to provide or cause to be provided, tes- The Secretary of Labor shall dismiss a com- serting the following: timony before Congress or at any Federal or plaint filed under this subsection and shall ‘‘(1) IN GENERAL.—Each agreement’’; State proceeding regarding any provision (or not conduct an investigation otherwise re- (2) by adding at the end the following: proposed provision) of this chapter or any quired under subparagraph (A) unless the ‘‘(2) RESPONSE BY SECRETARY.—If a State other Federal law relating to pipeline safety; complainant makes a prima facie showing authority notifies the Secretary under para- ‘‘(D) commenced, caused to be commenced, that any behavior described in subsection (a) graph (1) of a violation or probable violation or is about to commence or cause to be com- was a contributing factor in the unfavorable of an applicable safety standard, the Sec- menced a proceeding under this chapter or personnel action alleged in the complaint.

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‘‘(ii) SHOWING BY EMPLOYER.—Notwith- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— ‘‘(2) the facility is or would be constructed standing a finding by the Secretary of Labor An order of the Secretary of Labor with re- or operated, or a component of the facility is that the complainant has made the showing spect to which review could have been ob- or would be constructed or operated, with required under clause (i), no investigation tained under subparagraph (A) shall not be equipment, material, or a technique that the otherwise required under subparagraph (A) subject to judicial review in any criminal or Secretary decides is hazardous to life, prop- shall be conducted if the employer dem- other civil proceeding. erty, or the environment.’’. onstrates, by clear and convincing evidence, ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY (2) CORRECTIVE ACTION ORDERS.—Section that the employer would have taken the OF LABOR.—Whenever any person has failed 60112(d) is amended by striking ‘‘is haz- same unfavorable personnel action in the ab- to comply with an order issued under para- ardous’’ and inserting ‘‘is or would be haz- sence of that behavior. graph (3), the Secretary of Labor may file a ardous’’. ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- civil action in the United States district (b) ENFORCEMENT.— RETARY.—The Secretary of Labor may deter- court for the district in which the violation (1) GENERAL PENALTIES.—Section 60122(a)(1) mine that a violation of subsection (a) has was found to occur to enforce such order. In is amended— occurred only if the complainant dem- actions brought under this paragraph, the (A) by striking ‘‘$25,000’’ and inserting onstrates that any behavior described in sub- district courts shall have jurisdiction to ‘‘$100,000’’; and section (a) was a contributing factor in the grant all appropriate relief, including, but (B) by striking ‘‘$500,000’’ and inserting unfavorable personnel action alleged in the not to be limited to, injunctive relief and ‘‘$1,000,000’’. complaint. compensatory damages. (2) PENALTY CONSIDERATIONS.—Section ‘‘(iv) PROHIBITION.—Relief may not be or- ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 60122(b) is amended by striking ‘‘under this dered under subparagraph (A) if the em- ‘‘(A) COMMENCEMENT OF ACTION.—A person section’’ and all that follows through para- ployer demonstrates by clear and convincing on whose behalf an order was issued under graph (4) and inserting ‘‘under this section— evidence that the employer would have paragraph (3) may commence a civil action ‘‘(1) the Secretary shall consider— taken the same unfavorable personnel action against the person or persons to whom such ‘‘(A) the nature, circumstances, and grav- in the absence of that behavior. order was issued to require compliance with ity of the violation, including adverse im- ‘‘(3) FINAL ORDER.— such order. The appropriate United States pact on the environment; ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT district court shall have jurisdiction, with- ‘‘(B) with respect to the violator, the de- AGREEMENTS.—Not later than 90 days after out regard to the amount in controversy or gree of culpability, any history of prior vio- the date of conclusion of a hearing under the citizenship of the parties, to enforce such lations, the ability to pay, and any effect on paragraph (2), the Secretary of Labor shall order. ability to continue doing business; and issue a final order providing the relief pre- ‘‘(B) ATTORNEY FEES.—The court, in issuing ‘‘(C) good faith in attempting to comply; scribed by this paragraph or denying the any final order under this paragraph, may and complaint. At any time before issuance of a award costs of litigation (including reason- ‘‘(2) the Secretary may consider— final order, a proceeding under this sub- able attorney and expert witness fees) to any ‘‘(A) the economic benefit gained from the section may be terminated on the basis of a party whenever the court determines such violation without any reduction because of settlement agreement entered into by the award of costs is appropriate. subsequent damages; and Secretary of Labor, the complainant, and the ‘‘(c) MANDAMUS.—Any nondiscretionary ‘‘(B) other matters that justice requires.’’. person or persons alleged to have committed duty imposed by this section shall be en- (3) CIVIL ACTIONS.—Section 60120(a) is the violation. forceable in a mandamus proceeding brought amended— ‘‘(B) REMEDY.—If, in response to a com- under section 1361 of title 28, United States (A) by striking ‘‘(a) CIVIL ACTIONS.—(1)’’ plaint filed under paragraph (1), the Sec- Code. and all that follows through ‘‘(2) At the re- retary of Labor determines that a violation ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- quest’’ and inserting the following: of subsection (a) has occurred, the Secretary LATIONS.—Subsection (a) shall not apply with ‘‘(a) CIVIL ACTIONS.— of Labor shall order the person or persons respect to an action of an employee of an ‘‘(1) CIVIL ACTIONS TO ENFORCE THIS CHAP- who committed such violation to— employer who, acting without direction from TER.—At the request of the Secretary of ‘‘(i) take affirmative action to abate the the employer (or such employer’s agent), de- Transportation, the Attorney General may violation; liberately causes a violation of any require- bring a civil action in an appropriate district ‘‘(ii) reinstate the complainant to his or ment relating to pipeline safety under this court of the United States to enforce this her former position together with the com- chapter or any other law of the United chapter, including section 60112, or a regula- pensation (including back pay) and restore States.’’. tion prescribed or order issued under this the terms, conditions, and privileges associ- (b) CIVIL PENALTY.—Section 60122(a) is chapter. The court may award appropriate ated with his or her employment; and amended by adding at the end the following: relief, including a temporary or permanent ‘‘(3) A person violating section 60129, or an ‘‘(iii) provide compensatory damages to injunction, punitive damages, and assess- order issued thereunder, is liable to the Gov- the complainant. ment of civil penalties, considering the same ernment for a civil penalty of not more than If such an order is issued under this para- factors as prescribed for the Secretary in an $1,000 for each violation. The penalties pro- graph, the Secretary of Labor, at the request administrative case under section 60122. vided by paragraph (1) do not apply to a vio- of the complainant, shall assess against the ‘‘(2) CIVIL ACTIONS TO REQUIRE COMPLIANCE lation of section 60129 or an order issued person or persons against whom the order is WITH SUBPOENAS OR ALLOW FOR INSPECTIONS.— thereunder.’’. issued a sum equal to the aggregate amount At the request’’; and (c) CONFORMING AMENDMENT.—The analysis of all costs and expenses (including attor- (B) by aligning the remainder of the text of for chapter 601 is amended by adding at the ney’s and expert witness fees) reasonably in- paragraph (2) with the text of paragraph (1). end the following: curred, as determined by the Secretary of (c) CRIMINAL PENALTIES FOR DAMAGING OR Labor, by the complainant for, or in connec- ‘‘60129. Protection of employees providing DESTROYING A FACILITY.—Section 60123(b) is tion with, the bringing the complaint upon pipeline safety information.’’. amended— which the order was issued. SEC. 7. SAFETY ORDERS. (1) by striking ‘‘or’’ after ‘‘gas pipeline fa- ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec- Section 60117 is amended by adding at the cility’’ and inserting ‘‘, an’’; and retary of Labor finds that a complaint under end the following: (2) by inserting after ‘‘liquid pipeline facil- paragraph (1) is frivolous or has been ‘‘(l) SAFETY ORDERS.—If the Secretary de- ity’’ the following: ‘‘, or either an intrastate brought in bad faith, the Secretary of Labor cides that a pipeline facility has a potential gas pipeline facility or intrastate hazardous may award to the prevailing employer a rea- safety-related condition, the Secretary may liquid pipeline facility that is used in inter- sonable attorney’s fee not exceeding $1,000. order the operator of the facility to take state or foreign commerce or in any activity ‘‘(4) REVIEW.— necessary corrective action, including phys- affecting interstate or foreign commerce’’. ‘‘(A) APPEAL TO COURT OF APPEALS.—Any ical inspection, testing, repair, replacement, (d) COMPTROLLER GENERAL STUDY.— person adversely affected or aggrieved by an or other appropriate action to remedy the (1) IN GENERAL.—The Comptroller General order issued under paragraph (3) may obtain safety-related condition.’’. shall conduct a study of the actions, policies, review of the order in the United States SEC. 8. PENALTIES. and procedures of the Secretary of Transpor- Court of Appeals for the circuit in which the (a) PIPELINE FACILITIES HAZARDOUS TO LIFE tation for assessing and collecting fines and violation, with respect to which the order AND PROPERTY.—(Environment) penalties on operators of hazardous liquid was issued, allegedly occurred or the circuit (1) GENERAL AUTHORITY.—Section 60112(a) and gas transmission pipelines. in which the complainant resided on the date is amended to read as follows: (2) ANALYSIS.—In conducting the study, the of such violation. The petition for review ‘‘(a) GENERAL AUTHORITY.—After notice Comptroller General shall examine, at a must be filed not later than 60 days after the and an opportunity for a hearing, the Sec- minimum, the following: date of issuance of the final order of the Sec- retary of Transportation may decide that a (A) The frequency with which the Sec- retary of Labor. Review shall conform to pipeline facility is hazardous if the Sec- retary has substituted corrective orders for chapter 7 of title 5, United States Code. The retary decides that— fines and penalties. commencement of proceedings under this ‘‘(1) operation of the facility is or would be (B) Changes in the amounts of fines rec- subparagraph shall not, unless ordered by hazardous to life, property, or the environ- ommended by safety inspectors, assessed by the court, operate as a stay of the order. ment; or the Secretary, and actually collected.

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(C) An evaluation of the overall effective- ‘‘(e) OPERATOR ASSISTANCE IN INVESTIGA- nizing pipeline operators’ regulatory obliga- ness of the Secretary’s enforcement strat- TIONS.—If the Secretary or the National tions to maintain rights-of-way and to pro- egy. Transportation Safety Board investigate an tect public safety. (D) The extent to which the Secretary has accident involving a pipeline facility, the op- ‘‘(c) CONSIDERATIONS.—In conducting the complied with the report of the Government erator of the facility shall make available to study, the Secretary shall consider, at a Accounting Office entitled ‘‘Pipeline Safety: the Secretary or the Board all records and minimum, the following: The Office of Pipeline Safety is Changing information that in any way pertain to the ‘‘(1) The legal authority of Federal agen- How it Oversees the Pipeline Industry’’. accident (including integrity management cies and State and local governments in con- (3) REPORT.—Not later than 1 year after plans and test results), and shall afford all trolling land use and the limitations on such the date of enactment of this Act, the Comp- reasonable assistance in the investigation of authority. troller General shall transmit to the Com- the accident.’’. ‘‘(2) The current practices of Federal agen- mittee on Commerce, Science, and Transpor- (b) CORRECTIVE ACTION ORDERS.—Section cies and State and local governments in ad- tation of the Senate and the Committees on 60112(d) is amended— dressing land use issues involving a pipeline Transportation and Infrastructure and En- (1) by striking ‘‘If the Secretary’’ and in- easement. ergy and Commerce of the House of Rep- serting the following: ‘‘(3) The most effective way to encourage resentatives a report on the results of the ‘‘(1) IN GENERAL.—If the Secretary’’; Federal agencies and State and local govern- study. (2) by adding the end the following: ments to monitor and reduce encroachment SEC. 9. PIPELINE SAFETY INFORMATION GRANTS ‘‘(2) ACTIONS ATTRIBUTABLE TO AN EM- upon pipeline rights-of-way. TO COMMUNITIES. PLOYEE.—If, in the case of a corrective action ‘‘(d) REPORT.— N ENERAL (a) I G .—Chapter 601 is further order issued following an accident, the Sec- ‘‘(1) IN GENERAL.—Not later than 1 year amended by adding at the end the following: retary determines that the actions of an em- after the date of enactment of this sub- ‘‘§ 60130. Pipeline safety information grants ployee carrying out an activity regulated section, the Secretary shall publish a report to communities under this chapter, including duties under identifying practices, laws, and ordinances ‘‘(a) GRANT AUTHORITY.— section 60102(a), may have contributed sub- that are most successful in addressing issues ‘‘(1) IN GENERAL.—The Secretary of Trans- stantially to the cause of the accident, the of encroachment and maintenance on pipe- portation may make grants for technical as- Secretary shall direct the operator to relieve line rights-of-way so as to more effectively sistance to local communities and groups of the employee from performing those activi- protect public safety, pipeline workers, and individuals (not including for-profit entities) ties, reassign the employee, or place the em- the environment. relating to the safety of pipeline facilities in ployee on leave until the earlier of the date ‘‘(2) DISTRIBUTION OF REPORT.—The Sec- local communities, other than facilities reg- on which— retary shall provide a copy of the report to— ulated under Public Law 93–153 (43 U.S.C. 1651 ‘‘(A) the Secretary, after notice and an op- ‘‘(A) Congress and appropriate Federal et seq.). The Secretary shall establish com- portunity for a hearing, determines that the agencies; and petitive procedures for awarding grants employee’s actions did not contribute sub- ‘‘(B) States for further distribution to ap- under this section and criteria for selecting stantially to the cause of the accident; or propriate local authorities. grant recipients. The amount of any grant ‘‘(B) the Secretary determines the em- ‘‘(3) ADOPTION OF PRACTICES, LAWS, AND OR- under this section may not exceed $50,000 for ployee has been re-qualified or re-trained as DINANCES.—The Secretary shall encourage a single grant recipient. The Secretary shall provided for in section 60131 and can safely Federal agencies and State and local govern- establish appropriate procedures to ensure perform those activities. ments to adopt and implement appropriate the proper use of funds provided under this ‘‘(3) EFFECT OF COLLECTIVE BARGAINING practices, laws, and ordinances, as identified section. AGREEMENTS.—An action taken by an oper- in the report, to address the risks and haz- ‘‘(2) TECHNICAL ASSISTANCE DEFINED.—In ator under paragraph (2) shall be in accord- ards associated with encroachment upon this subsection, the term ‘technical assistance with the terms and conditions of any pipeline rights-of-way and to address the po- ance’ means engineering and other scientific applicable collective bargaining agree- tential methods of preserving environmental analysis of pipeline safety issues, including ment.’’; and resources while maintaining pipeline rights- the promotion of public participation in offi- (3) by aligning the remainder of the text of of-way, consistent with pipeline safety.’’. paragraph (1) (as designated by paragraph (1) cial proceedings conducted under this chap- (b) CONFORMING AMENDMENT.—The analysis of this subsection) with paragraph (2) (as ter. for chapter 601 is amended by striking the added by paragraph (2) of this subsection). ‘‘(b) PROHIBITED USES.—Funds provided item relating to section 60127 and inserting (c) LIMITATION ON STATUTORY CONSTRUC- under this section may not be used for lob- the following: bying or in direct support of litigation. TION.—Section 60118 is amended by adding at ‘‘(c) ANNUAL REPORT.— the end the following: ‘‘60127. Population encroachment and rights- ‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(f) LIMITATION ON STATUTORY CONSTRUC- of-way.’’. after the last day of each fiscal year for TION.—Nothing in this section may be con- SEC. 12. PIPELINE INTEGRITY, SAFETY, AND RE- which grants are made by the Secretary strued to infringe upon the constitutional LIABILITY RESEARCH AND DEVEL- under this section, the Secretary shall report rights of an operator or its employees.’’. OPMENT. to the Committees on Commerce, Science, SEC. 11. POPULATION ENCROACHMENT AND (a) IN GENERAL.—The heads of the partici- and Transportation and Energy and Natural RIGHTS-OF-WAY. pating agencies shall carry out a program of Resources of the Senate and the Committees (a) IN GENERAL.—Section 60127 is amended research, development, demonstration, and on Transportation and Infrastructure and to read as follows: standardization to ensure the integrity of Energy and Commerce of the House of Rep- ‘‘§ 60127. Population encroachment and pipeline facilities. resentatives on grants made under this sec- rights-of-way (b) MEMORANDUM OF UNDERSTANDING.— tion in the preceding fiscal year. ‘‘(a) STUDY.—The Secretary of Transpor- (1) IN GENERAL.—Not later than 120 days ‘‘(2) CONTENTS.—The report shall include— tation, in conjunction with the Federal En- after the date of enactment of this Act, the ‘‘(A) a listing of the identity and location ergy Regulatory Commission and in con- heads of the participating agencies shall of each recipient of a grant under this sec- sultation with appropriate Federal agencies enter into a memorandum of understanding tion in the preceding fiscal year and the and State and local governments, shall un- detailing their respective responsibilities in amount received by the recipient; dertake a study of land use practices, zoning the program authorized by subsection (a). ‘‘(B) a description of the purpose for which ordinances, and preservation of environ- (2) AREAS OF EXPERTISE.—Under the memo- each grant was made; and mental resources with regard to pipeline randum of understanding, each of the par- ‘‘(C) a description of how each grant was rights-of-way and their maintenance. ticipating agencies shall have the primary used by the recipient. ‘‘(b) PURPOSE OF STUDY.—The purpose of responsibility for ensuring that the elements ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the study shall be to gather information on of the program within its expertise are im- There is authorized to be appropriated to the land use practices, zoning ordinances, and plemented in accordance with this section. Secretary of Transportation for carrying out preservation of environmental resources— The Department of Transportation’s respon- this section $1,000,000 for each of the fiscal ‘‘(1) to determine effective practices to sibilities shall reflect its lead role in pipeline years 2003 through 2006. Such amounts shall limit encroachment on existing pipeline safety and expertise in pipeline inspection, not be derived from user fees collected under rights-of-way; integrity management, and damage preven- section 60301.’’. ‘‘(2) to address and prevent the hazards and tion. The Department of Energy’s respon- (c) CONFORMING AMENDMENT.—The analysis risks to the public, pipeline workers, and the sibilities shall reflect its expertise in system for chapter 601 is amended by adding at the environment associated with encroachment reliability, low-volume gas leak detection, end the following: on pipeline rights-of-way; and surveillance technologies. The National ‘‘60130. Pipeline safety information grants to ‘‘(3) to raise the awareness of the risks and Institute of Standards and Technology’s re- communities.’’. hazards of encroachment on pipeline rights- sponsibilities shall reflect its expertise in SEC. 10. OPERATOR ASSISTANCE IN INVESTIGA- of-way; and materials research and assisting in the de- TIONS. ‘‘(4) to address how to best preserve envi- velopment of consensus technical standards, (a) IN GENERAL.—Section 60118 is amended ronmental resources in conjunction with as that term is used in section 12(d)(4) of by adding at the end the following: maintaining pipeline rights-of-way, recog- Public Law 104–13 (15 U.S.C. 272 note).

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(c) PROGRAM ELEMENTS.—The program au- carrying out this section $5,000,000 for each ‘‘(2) A requirement that the operator com- thorized by subsection (a) shall include re- of the fiscal years 2003 through 2006. plete the qualification of all individuals de- search, development, demonstration, and (4) GENERAL REVENUE FUNDING.—Any sums scribed in subsection (a) not later than 18 standardization activities related to— appropriated under this subsection shall be months after the date of adoption of the (1) materials inspection; derived from general revenues and may not qualification program. (2) stress and fracture analysis, detection be derived from amounts collected under sec- ‘‘(3) A periodic requalification component of cracks, corrosion, abrasion, and other ab- tion 60301 of title 49, United States Code. that provides for examination or testing of normalities inside pipelines that lead to (g) PIPELINE INTEGRITY PROGRAM.—Of the individuals in accordance with paragraph (1). pipeline failure, and development of new amounts available in the Oil Spill Liability ‘‘(4) A program to provide training, as ap- equipment or technologies that are inserted Trust Fund established by section 9509 of the propriate, to ensure that individuals per- into pipelines to detect anomalies; Internal Revenue Code of 1986 (26 U.S.C. forming covered tasks have the necessary (3) internal inspection and leak detection 9509), $3,000,000 shall be transferred to the knowledge and skills to perform the tasks in technologies, including detection of leaks at Secretary of Transportation, as provided in a manner that ensures the safe operation of very low volumes; appropriation Acts, to carry out programs pipeline facilities. (4) methods of analyzing content of pipe- for detection, prevention, and mitigation of ‘‘(e) REVIEW AND VERIFICATION OF PRO- line throughput; oil spills for each of the fiscal years 2003 GRAMS.— (5) pipeline security, including improving through 2006. ‘‘(1) IN GENERAL.—The Secretary shall re- the real-time surveillance of pipeline rights- (h) PARTICIPATING AGENCIES DEFINED.—In view the qualification program of each pipe- this section, the term ‘‘participating agen- of-way, developing tools for evaluating and line operator and verify its compliance with cies’’ means the Department of Transpor- enhancing pipeline security and infrastruc- the standards and criteria described in sub- tation, the Department of Energy, and the ture, reducing natural, technological, and section (b) and that it includes the elements National Institute of Standards and Tech- terrorist threats, and protecting first re- described in subsection (d). The Secretary nology. sponse units and persons near an incident; shall record the results of that review for use SEC. 3. PIPELINE QUALIFICATION PROGRAMS. (6) risk assessment methodology, including in the next review of an operator’s program. (a) VERIFICATION PROGRAM.— vulnerability assessment and reduction of ‘‘(2) DEADLINE FOR COMPLETION.—Reviews (1) IN GENERAL.—Chapter 601 is further third-party damage; and verifications under this subsection shall amended by adding at the end the following: (7) communication, control, and informa- be completed not later than 3 years after the tion systems surety; ‘‘§ 60131. Verification of pipeline qualification date of the enactment of this section. (8) fire safety of pipelines; programs ‘‘(3) INADEQUATE PROGRAMS.—If the Sec- (9) improved excavation, construction, and ‘‘(a) IN GENERAL.—Subject to the require- retary decides that a qualification program repair technologies; and ments of this section, the Secretary of is inadequate for the safe operation of a pipe- (10) other appropriate elements. Transportation shall require the operator of line facility, the Secretary shall act as under (d) PROGRAM PLAN.— a pipeline facility to develop and adopt a section 60108(a)(2) to require the operator to (1) IN GENERAL.—Not later than 1 year after qualification program to ensure that the in- revise the qualification program. the date of enactment of this section, the dividuals who perform covered tasks are ‘‘(4) PROGRAM MODIFICATIONS.—If the oper- Secretary of Transportation, in coordination qualified to conduct such tasks. ator of a pipeline facility significantly modi- with the Secretary of Energy and the Direc- ‘‘(b) STANDARDS AND CRITERIA.— fies a program that has been verified under tor of the National Institute of Standards ‘‘(1) DEVELOPMENT.—Not later than 1 year this subsection, the operator shall notify the and Technology, shall prepare and transmit after the date of enactment of this section, Secretary of the modifications. The Sec- to Congress a 5-year program plan to guide the Secretary shall ensure that the Depart- retary shall review and verify such modifica- activities under this section. Such program ment of Transportation has in place stand- tions in accordance with paragraph (1). plan shall be submitted to the Technical ards and criteria for qualification programs ‘‘(5) WAIVERS AND MODIFICATIONS.—In ac- Pipeline Safety Standards Committee and referred to in subsection (a). cordance with section 60118(c), the Secretary the Technical Hazardous Liquid Pipeline ‘‘(2) CONTENTS.—The standards and criteria may waive or modify any requirement of this Safety Standards Committee for review, and shall include the following: section if the waiver or modification is not the report to Congress shall include the com- ‘‘(A) The establishment of methods for inconsistent with pipeline safety. ments of the committees. The 5-year pro- evaluating the acceptability of the qualifica- ‘‘(6) INACTION BY THE SECRETARY.—Notwith- gram plan shall be based on the memo- tions of individuals described in subsection standing any failure of the Secretary to pre- randum of understanding under subsection (a). scribe standards and criteria as described in (b) and take into account related activities ‘‘(B) A requirement that pipeline operators subsection (b), an operator of a pipeline fa- of other Federal agencies. develop and implement written plans and cility shall develop and adopt a qualification (2) CONSULTATION.—In preparing the pro- procedures to qualify individuals described program that complies with the requirement gram plan and selecting and prioritizing ap- in subsection (a) to a level found acceptable of subsection (b)(2)(B) and includes the ele- propriate project proposals, the Secretary of using the methods established under sub- ments described in subsection (d) not later Transportation shall consult with or seek paragraph (A) and evaluate the abilities of than 2 years after the date of enactment of the advice of appropriate representatives of individuals described in subsection (a) ac- this section. the natural gas, crude oil, and petroleum cording to such methods. ‘‘(f) INTRASTATE PIPELINE FACILITIES.—In product pipeline industries, utilities, manu- ‘‘(C) A requirement that the plans and pro- the case of an intrastate pipeline facility op- facturers, institutions of higher learning, cedures adopted by a pipeline operator under erator, the duties and powers of the Sec- Federal agencies, pipeline research institu- subparagraph (B) be reviewed and verified retary under this section with respect to the tions, national laboratories, State pipeline under subsection (e). qualification program of the operator shall ‘‘(c) DEVELOPMENT OF QUALIFICATION PRO- safety officials, labor organizations, environ- be vested in the appropriate State regulatory GRAMS BY PIPELINE OPERATORS.—The Sec- mental organizations, pipeline safety advo- agency, consistent with this chapter. cates, and professional and technical soci- retary shall require each pipeline operator to ‘‘(g) COVERED TASK DEFINED.—In this sec- develop and adopt, not later than 2 years eties. tion, the term ‘covered task’— (e) REPORTS TO CONGRESS.—Not later than after the date of enactment of this section, a ‘‘(1) with respect to a gas pipeline facility, 1 year after the date of enactment of this qualification program that complies with has the meaning such term has under section Act, and annually thereafter, the heads of the standards and criteria described in sub- 192.801 of title 49, Code of Federal Regula- the participating agencies shall transmit section (b). jointly to Congress a report on the status ‘‘(d) ELEMENTS OF QUALIFICATION PRO- tions, including any subsequent modifica- and results to date of the implementation of GRAMS.—A qualification program adopted by tions; and the program plan prepared under subsection an operator under subsection (a) shall in- ‘‘(2) with respect to a hazardous liquid (d). clude, at a minimum, the following ele- pipeline facility, has the meaning such term (f) AUTHORIZATION OF APPROPRIATIONS.— ments: has under section 195.501 of such title, in- (1) DEPARTMENT OF TRANSPORTATION.— ‘‘(1) A method for examining or testing the cluding any subsequent modifications. There is authorized to be appropriated to the qualifications of individuals described in ‘‘(h) REPORT.—Not later than 4 years after Secretary of Transportation for carrying out subsection (a). The method may include the date of enactment of this section, the this section $10,000,000 for each of the fiscal written examination, oral examination, ob- Secretary shall transmit to Congress a re- years 2003 through 2006. servation during on-the-job performance, on- port on the status and results to date of the (2) DEPARTMENT OF ENERGY.—There is au- the-job training, simulations, and other personnel qualification regulations issued thorized to be appropriated to the Secretary forms of assessment. The method may not be under this chapter.’’. of Energy for carrying out this section limited to observation of on-the-job perform- (2) CONFORMING AMENDMENT.—The analysis $10,000,000 for each of the fiscal years 2003 ance, except with respect to tasks for which for chapter 601 is amended by adding at end through 2006. the Secretary has determined that such ob- the following: (3) NATIONAL INSTITUTE OF STANDARDS AND servation is the best method of examining or ‘‘60131. Verification of pipeline qualification TECHNOLOGY.—There is authorized to be ap- testing qualifications. The Secretary shall programs.’’. propriated to the Director of the National ensure that the results of any such observa- (b) PILOT PROGRAM FOR CERTIFICATION OF Institute of Standards and Technology for tions are documented in writing. CERTAIN PIPELINE WORKERS.—

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(1) IN GENERAL.—Not later than 36 months modifications, by internal inspection device, of a pipeline facility as well as the manner of after the date of enactment of this Act, the pressure testing, direct assessment, or an al- integration. Secretary of Transportation shall— ternative method that the Secretary deter- ‘‘(F) The nature and timing of actions se- (A) develop tests and other requirements mines would provide an equal or greater lected to address the integrity of a pipeline for certifying the qualifications of individ- level of safety. The operator shall complete facility. uals who operate computer-based systems for such assessment not later than 10 years after ‘‘(G) Such other factors as the Secretary controlling the operations of pipelines; and the date of enactment of this subsection. At determines appropriate to ensure that the (B) establish and carry out a pilot program least 50 percent of such facilities shall be as- integrity of a pipeline facility is addressed for 3 pipeline facilities under which the indi- sessed not later than 5 years after such date and that appropriate mitigative measures viduals operating computer-based systems of enactment. The operator shall prioritize are adopted to protect areas identified under for controlling the operations of pipelines at such facilities for assessment based on all subsection (a)(1). such facilities are required to be certified risk factors, including any previously discov- In prescribing those standards, the Secretary under the process established under subpara- ered defects or anomalies and any history of shall ensure that all inspections required are graph (A). leaks, repairs, or failures. The operator shall conducted in a manner that minimizes envi- (2) REPORT.—The Secretary shall include in ensure that assessments of facilities with the ronmental and safety risks, and shall take the report required under section 60131(h), as highest risks are given priority for comple- into account the applicable level of protec- added by subsection (a) of this section, the tion and that such assessments will be com- tion established by national consensus results of the pilot program. The report shall pleted not later than 5 years after such date standards organizations. include— of enactment. ‘‘(7) ADDITIONAL OPTIONAL STANDARDS.—The (A) a description of the pilot program and ‘‘(B) Subject to paragraph (5), periodic re- Secretary may also prescribe standards re- implementation of the pilot program at each assessment of the facility, at a minimum of quiring an operator of a pipeline facility to of the 3 pipeline facilities; once every 7 years, using methods described include in an integrity management program (B) an evaluation of the pilot program, in- in subparagraph (A). under this subsection— cluding the effectiveness of the process for ‘‘(C) Clearly defined criteria for evaluating ‘‘(A) changes to valves or the establish- certifying individuals who operate computer- the results of assessments conducted under ment or modification of systems that mon- based systems for controlling the operations subparagraphs (A) and (B) and for taking ac- of pipelines; tions based on such results. itor pressure and detect leaks based on the (C) any recommendations of the Secretary ‘‘(D) A method for conducting an analysis operator’s risk analysis; and for requiring the certification of all individ- on a continuing basis that integrates all ‘‘(B) the use of emergency flow restricting uals who operate computer-based systems for available information about the integrity of devices. controlling the operations of pipelines; and the facility and the consequences of releases ‘‘(8) LACK OF REGULATIONS.—In the absence (D) an assessment of the ramifications of from the facility. of regulations addressing the elements of an requiring the certification of other individ- ‘‘(E) A description of actions to be taken integrity management program described in uals performing safety-sensitive functions by the operator to promptly address any in- this subsection, the operator of a pipeline fa- for a pipeline facility. tegrity issue raised by an evaluation con- cility shall conduct a risk analysis and adopt (3) COMPUTER-BASED SYSTEMS DEFINED.—In ducted under subparagraph (C) or the anal- and implement an integrity management this subsection, the term ‘‘computer-based ysis conducted under subparagraph (D). program described in this subsection not systems’’ means supervisory control and ‘‘(F) A description of measures to prevent later than 24 months after the date of enact- data acquisition systems. and mitigate the consequences of releases ment of this subsection and shall complete the baseline integrity assessment described SEC. 14. RISK ANALYSIS AND INTEGRITY MAN- from the facility. AGEMENT PROGRAMS FOR GAS ‘‘(G) A method for monitoring cathodic in this subsection not later than 10 years PIPELINES. protection systems throughout the pipeline after such date of enactment. At least 50 per- (a) IN GENERAL.—Section 60109 is amended system of the operator to the extent not ad- cent of such facilities shall be assessed not by adding at the end the following: dressed by other regulations. later than 5 years after such date of enact- ‘‘(c) RISK ANALYSIS AND INTEGRITY MAN- ‘‘(H) If the Secretary raises a safety con- ment. The operator shall prioritize such fa- AGEMENT PROGRAMS.— cern relating to the facility, a description of cilities for assessment based on all risk fac- ‘‘(1) REQUIREMENT.—Each operator of a gas the actions to be taken by the operator to tors, including any previously discovered de- pipeline facility shall conduct an analysis of address the safety concern, including issues fects or anomalies and any history of leaks, the risks to each facility of the operator lo- raised with the Secretary by States and local repairs, or failures. The operator shall en- cated in an area identified pursuant to sub- authorities under an agreement entered into sure that assessments of facilities with the section (a)(1) and defined in chapter 192 of under section 60106. highest risks are given priority for comple- title 49, Code of Federal Regulations, includ- ‘‘(4) TREATMENT OF BASELINE INTEGRITY AS- tion and that such assessments will be coming any subsequent modifications, and shall SESSMENTS.—In the case of a baseline integ- pleted not later than 5 years after such date adopt and implement a written integrity rity assessment conducted by an operator in of enactment. management program for such facility to re- the period beginning on the date of enact- ‘‘(9) REVIEW OF INTEGRITY MANAGEMENT duce the risks. ment of this subsection and ending on the PROGRAMS.— ‘‘(2) REGULATIONS.— date of issuance of regulations under this ‘‘(A) REVIEW OF PROGRAMS.— ‘‘(A) IN GENERAL.—Not later than 12 subsection, the Secretary shall accept the ‘‘(i) IN GENERAL.—The Secretary shall re- months after the date of enactment of this assessment as complete, and shall not review a risk analysis and integrity manage- subsection, the Secretary shall issue regula- quire the operator to repeat any portion of ment program under paragraph (1) and tions prescribing standards to direct an oper- the assessment, if the Secretary determines record the results of that review for use in ator’s conduct of a risk analysis and adop- that the assessment was conducted in ac- the next review of an operator’s program. tion and implementation of an integrity cordance with the requirements of this sub- ‘‘(ii) CONTEXT OF REVIEW.—The Secretary management program under this subsection. section. may conduct a review under clause (i) as an The regulations shall require an operator to ‘‘(5) WAIVERS AND MODIFICATIONS.—In ac- element of the Secretary’s inspection of an conduct a risk analysis and adopt an integ- cordance with section 60118(c), the Secretary operator. rity management program within a time pe- may waive or modify any requirement for re- ‘‘(iii) INADEQUATE PROGRAMS.—If the Sec- riod prescribed by the Secretary, ending not assessment of a facility under paragraph retary determines that a risk analysis or in- later than 24 months after such date of en- (3)(B) for reasons that may include the need tegrity management program does not com- actment. Not later than 18 months after such to maintain local product supply or the lack ply with the requirements of this subsection date of enactment, each operator of a gas of internal inspection devices if the Sec- or regulations issued as described in para- pipeline facility shall begin a baseline integ- retary determines that such waiver is not in- graph (2), or is inadequate for the safe oper- rity assessment described in paragraph (3). consistent with pipeline safety. ation of a pipeline facility, the Secretary ‘‘(B) AUTHORITY TO ISSUE REGULATIONS.— ‘‘(6) STANDARDS.—The standards prescribed shall act under section 60108(a)(2) to require The Secretary may satisfy the requirements by the Secretary under paragraph (2) shall the operator to revise the risk analysis or in- of this paragraph through the issuance of address each of the following factors: tegrity management program. regulations under this paragraph or under ‘‘(A) The minimum requirements described ‘‘(B) AMENDMENTS TO PROGRAMS.—In order other authority of law. in paragraph (3). to facilitate reviews under this paragraph, ‘‘(3) MINIMUM REQUIREMENTS OF INTEGRITY ‘‘(B) The type or frequency of inspections an operator of a pipeline facility shall notify MANAGEMENT PROGRAMS.—An integrity man- or testing of pipeline facilities, in addition the Secretary of any amendment made to agement program required under paragraph to the minimum requirements of paragraph the operator’s integrity management pro- (1) shall include, at a minimum, the fol- (3)(B). gram not later than 30 days after the date of lowing requirements: ‘‘(C) The manner in which the inspections adoption of the amendment. The Secretary ‘‘(A) A baseline integrity assessment of or testing are conducted. shall review any such amendment in accord- each of the operator’s facilities in areas ‘‘(D) The criteria used in analyzing results ance with this paragraph. identified pursuant to subsection (a)(1) and of the inspections or testing. ‘‘(C) TRANSMITTAL OF PROGRAMS TO STATE defined in chapter 192 of title 49, Code of Fed- ‘‘(E) The types of information sources that AUTHORITIES.—The Secretary shall provide a eral Regulations, including any subsequent must be integrated in assessing the integrity copy of each risk analysis and integrity

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management program reviewed by the Sec- ‘‘(c) TECHNICAL ASSISTANCE TO IMPROVE or eliminated. With respect to pipeline re- retary under this paragraph to any appro- LOCAL RESPONSE CAPABILITIES.—The Sec- pairs described in paragraph (1) to which the priate State authority with which the Sec- retary may provide technical assistance to preceding sentence would not be applicable, retary has entered into an agreement under State and local officials to improve local re- the Interagency Committee shall include section 60106. sponse capabilities for pipeline emergencies provisions to enable pipeline operators to ‘‘(10) STATE REVIEW OF INTEGRITY MANAGE- by adapting information available through commence and complete all activities nec- MENT PLANS.—A State authority that enters the National Pipeline Mapping System to essary to carry out pipeline repairs within into an agreement pursuant to section 60106, software used by emergency response per- any time periods specified by rule by the permitting the State authority to review the sonnel responding to pipeline emergencies.’’. Secretary. The Interagency Committee shall risk analysis and integrity management pro- (b) CONFORMING AMENDMENT.—The analysis include in the memorandum of under- gram pursuant to paragraph (9), may provide for chapter 601 is amended by adding at the standing criteria under which permits re- the Secretary with a written assessment of end the following: quired for such pipeline repair activities the risk analysis and integrity management ‘‘60132. National pipeline mapping system.’’. should be prioritized over other less urgent program, make recommendations, as appro- SEC. 16. COORDINATION OF ENVIRONMENTAL agency permit application reviews. The priate, to address safety concerns not ade- REVIEWS. Interagency Committee shall not enter into quately addressed by the operator’s risk (a) IN GENERAL.—Chapter 601 is further a memorandum of understanding under this analysis or integrity management program, amended by adding at the end the following: paragraph except by unanimous agreement and submit documentation explaining the ‘‘§ 60133. Coordination of environmental re- of the members of the Interagency Com- State-proposed revisions. The Secretary views mittee. shall consider carefully the State’s proposals ‘‘(a) INTERAGENCY COMMITTEE.— ‘‘(5) STATE AND LOCAL CONSULTATION.—In and work in consultation with the States ‘‘(1) ESTABLISHMENT AND PURPOSE.—Not carrying out this subsection, the Inter- and operators to address safety concerns. later than 30 days after the date of enact- agency Committee shall consult with appro- ‘‘(11) APPLICATION OF STANDARDS.—Section ment of this section, the President shall es- priate State and local environmental, pipe- 60104(b) shall not apply to this section.’’. tablish an Interagency Committee to develop line safety, and emergency response officials, (b) INTEGRITY MANAGEMENT REGULA- and ensure implementation of a coordinated and such other officials as the Interagency TIONS.—Section 60109 is further amended by environmental review and permitting proc- Committee considers appropriate. adding at the end the following: ess in order to enable pipeline operators to ‘‘(b) IMPLEMENTATION.—Not later than 180 ‘‘(d) EVALUATION OF INTEGRITY MANAGE- commence and complete all activities nec- days after the completion of the memo- MENT REGULATIONS.—Not later than 4 years essary to carry out pipeline repairs within randum of understanding required under sub- after the date of enactment of this sub- any time periods specified by rule by the section (a)(4), each agency represented on section, the Comptroller General shall com- Secretary. the Interagency Committee shall revise its plete an assessment and evaluation of the ef- ‘‘(2) MEMBERSHIP.—The Chairman of the regulations as necessary to implement the fects on public safety and the environment of Council on Environmental Quality (or a des- provisions of the memorandum of under- the requirements for the implementation of ignee of the Chairman) shall chair the Inter- standing. integrity management programs contained agency Committee, which shall consist of ‘‘(c) SAVINGS PROVISIONS; NO PREEMP- in the standards prescribed as described in representatives of Federal agencies with re- TION.—Nothing in this section shall be con- subsection (c)(2).’’. sponsibilities relating to pipeline repair strued— ONFORMING AMENDMENT.—Section (c) C projects, including each of the following per- ‘‘(1) to require a pipeline operator to ob- 60118(a) is amended— sons (or a designee thereof): tain a Federal permit, if no Federal permit (1) by striking ‘‘and’’ at the end of para- ‘‘(A) The Secretary of Transportation. would otherwise have been required under graph (2); ‘‘(B) The Administrator of the Environ- Federal law; or (2) by striking the period at the end of mental Protection Agency. ‘‘(2) to preempt applicable Federal, State, paragraph (3) and inserting ‘‘; and’’; and ‘‘(C) The Director of the United States or local environmental law. (3) by adding at the end the following: Fish and Wildlife Service. ‘‘(d) INTERIM OPERATIONAL ALTER- ‘‘(4) conduct a risk analysis, and adopt and ‘‘(D) The Assistant Administrator for Fish- NATIVES.— implement an integrity management pro- eries of the National Oceanic and Atmos- ‘‘(1) IN GENERAL.—Not later than 30 days gram, for pipeline facilities as required pheric Administration. after the date of enactment of this section, under section 60109(c).’’. ‘‘(E) The Director of the Bureau of Land and subject to the limitations in paragraph (d) STUDY OF REASSESSMENT INTERVALS.— Management. (2), the Secretary of Transportation shall re- (1) STUDY.—The Comptroller General shall ‘‘(F) The Director of the Minerals Manage- vise the regulations of the Department, to conduct a study to evaluate the 7-year reas- ment Service. the extent necessary, to permit a pipeline sessment interval required by section ‘‘(G) The Assistant Secretary of the Army operator subject to time periods for repair 60109(c)(3)(B) of title 49, United States Code, for Civil Works. specified by rule by the Secretary to imple- as added by subsection (a) of this section. ‘‘(H) The Chairman of the Federal Energy ment alternative mitigation measures until (2) REPORT.—Not later than 4 years after Regulatory Commission. all applicable permits have been granted. the date of the enactment of this Act, the ‘‘(3) EVALUATION.—The Interagency Com- ‘‘(2) LIMITATIONS.—The regulations issued Comptroller General shall transmit to Con- mittee shall evaluate Federal permitting re- by the Secretary pursuant to this subsection gress a report on the results of the study quirements to which access, excavation, and shall not allow an operator to implement al- conducted under paragraph (1). restoration activities in connection with ternative mitigation measures pursuant to SEC. 15. NATIONAL PIPELINE MAPPING SYSTEM. pipeline repairs described in paragraph (1) paragraph (1) unless— (a) IN GENERAL.—Chapter 601 is further may be subject. As part of its evaluation, the ‘‘(A) allowing the operator to implement amended by adding at the end the following: Interagency Committee shall examine the such measures would be consistent with the ‘‘§ 60132. National pipeline mapping system access, excavation, and restoration practices protection of human health, public safety, ‘‘(a) INFORMATION TO BE PROVIDED.—Not of the pipeline industry in connection with and the environment; later than 6 months after the date of enact- such pipeline repairs, and may develop a ‘‘(B) the operator, with respect to a par- ment of this section, the operator of a pipe- compendium of best practices used by the in- ticular repair project, has applied for and is line facility (except distribution lines and dustry to access, excavate, and restore the pursuing diligently and in good faith all re- gathering lines) shall provide to the Sec- site of a pipeline repair. quired Federal, State, and local permits to retary of Transportation the following infor- ‘‘(4) MEMORANDUM OF UNDERSTANDING.— carry out the project; and mation with respect to the facility: Based upon the evaluation required under ‘‘(C) the proposed alternative mitigation ‘‘(1) Geospatial data appropriate for use in paragraph (3) and not later than 1 year after measures are not incompatible with pipeline the National Pipeline Mapping System or the date of enactment of this section, the safety. data in a format that can be readily con- members of the Interagency Committee shall ‘‘(e) OMBUDSMAN.—The Secretary shall des- verted to geospatial data. enter into a memorandum of understanding ignate an ombudsman to assist in expediting ‘‘(2) The name and address of the person to provide for a coordinated and expedited pipeline repairs and resolving disagreements with primary operational control to be iden- pipeline repair permit review process to between Federal, State, and local permitting tified as its operator for purposes of this carry out the purpose set forth in paragraph agencies and the pipeline operator during chapter. (1). The Interagency Committee shall include agency review of any pipeline repair activ- ‘‘(3) A means for a member of the public to provisions in the memorandum of under- ity, consistent with protection of human contact the operator for additional informa- standing identifying those repairs or cat- health, public safety, and the environment. tion about the pipeline facilities it operates. egories of repairs described in paragraph (1) ‘‘(f) STATE AND LOCAL PERMITTING PROC- ‘‘(b) UPDATES.—A person providing infor- for which the best practices identified under ESSES.—The Secretary shall encourage mation under subsection (a) shall provide to paragraph (3), when properly employed by a States and local governments to consolidate the Secretary updates of the information to pipeline operator, would result in no more their respective permitting processes for reflect changes in the pipeline facility owned than minimal adverse effects on the environ- pipeline repair projects subject to any time or operated by the person and as otherwise ment and for which discretionary adminis- periods for repair specified by rule by the required by the Secretary. trative reviews may therefore be minimized Secretary. The Secretary may request other

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(b) CONFORMING AMENDMENT.—The analysis (C) by moving the remainder of the text of (c) OIL SPILLS; EMERGENCY RESPONSE for chapter 601 is amended by adding at the paragraph (2) (as so redesignated), including GRANTS.—Section 60125 is amended by insert- end the following: subparagraphs (A) and (B) but excluding sub- ing after subsection (b) (as redesignated by ‘‘60133. Coordination of environmental re- paragraph (C), 2 ems to the right; and subsection (b)(1) of this section) the fol- views.’’. (D) in paragraph (3) (as so redesignated) by lowing: SEC. 17. NATIONWIDE TOLL-FREE NUMBER SYS- inserting ‘‘QUALIFICATIONS OF PIPELINE OPER- ‘‘(c) OIL SPILL LIABILITY TRUST FUND.—Of TEM. ATORS.—’’ before ‘‘The qualifications’’. the amounts available in the Oil Spill Liabil- Within 1 year after the date of the enact- (2) CONFORMING AMENDMENTS.—Chapter 601 ity Trust Fund, $8,000,000 shall be transferred ment of this Act, the Secretary of Transpor- is amended— to the Secretary of Transportation, as pro- tation shall, in conjunction with the Federal (A) by striking the heading for section vided in appropriation Acts, to carry out Communications Commission, facility opera- 60102 and inserting the following: programs authorized in this chapter for each tors, excavators, and one-call notification ‘‘§ 60102. Purpose and general authority’’; and of fiscal years 2003 through 2006. ‘‘(d) EMERGENCY RESPONSE GRANTS.— system operators, provide for the establish- (B) in the analysis for such chapter by ment of a 3-digit nationwide toll-free tele- ‘‘(1) IN GENERAL.—The Secretary may es- striking the item relating to section 60102 tablish a program for making grants to phone number system to be used by State and inserting the following: one-call notification systems. State, county, and local governments in high ‘‘60102. Purpose and general authority.’’. SEC. 18. IMPLEMENTATION OF INSPECTOR GEN- consequence areas, as defined by the Sec- (b) CONFLICTS OF INTEREST.—Section ERAL RECOMMENDATIONS. retary, for emergency response management, 60115(b)(4) is amended by adding at the end (a) IN GENERAL.—Except as otherwise re- training, and technical assistance. the following: quired by this title, the Secretary of Trans- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) None of the individuals selected for a portation shall implement the safety im- There is authorized to be appropriated committee under paragraph (3)(C) may have provement recommendations provided for in $6,000,000 for each of fiscal years 2003 through a significant financial interest in the pipe- the Department of Transportation Inspector 2006 to carry out this subsection.’’. line, petroleum, or gas industry.’’. General’s Report (RT–2000–069). (d) CONFORMING AMENDMENT.—Section (b) REPORTS BY THE SECRETARY.—Not later SEC. 21. TECHNICAL AMENDMENTS. 60125(e) is amended by striking ‘‘or (b) of this than 90 days after the date of enactment of Chapter 601 is amended— section’’. this Act, and every 90 days thereafter until (1) in section 60110(b) by striking ‘‘cir- SEC. 23. INSPECTIONS BY DIRECT ASSESSMENT. each of the recommendations referred to in cumstances’’ and all that follows through Section 60102, as amended by this Act, is subsection (a) has been implemented, the ‘‘operator’’ and inserting the following: ‘‘cir- further amended by adding at the end the Secretary shall transmit to the Committee cumstances, if any, under which an oper- following: on Commerce, Science, and Transportation ator’’; ‘‘(m) INSPECTIONS BY DIRECT ASSESSMENT.— of the Senate and the Committees on Trans- (2) in section 60114 by redesignating sub- Not later than 1 year after the date of the portation and Infrastructure and Energy and section (d) as subsection (c); enactment of this subsection, the Secretary Commerce of the House of Representatives a (3) in section 60122(a)(1) by striking ‘‘sec- shall issue regulations prescribing standards report on the specific actions taken to im- tion 60114(c)’’ and inserting ‘‘section for inspection of a pipeline facility by direct plement such recommendations. 60114(b)’’; and assessment.’’. (c) REPORTS BY THE INSPECTOR GENERAL.— (4) in section 60123(a) by striking ‘‘60114(c)’’ SEC. 24. STATE PIPELINE SAFETY ADVISORY The Inspector General shall periodically and inserting ‘‘60114(b)’’. COMMITTEES. transmit to the committees referred to in SEC. 22. AUTHORIZATION OF APPROPRIATIONS. Within 90 days after receiving rec- subsection (b) a report assessing the Sec- (a) GAS AND HAZARDOUS LIQUID.—Section ommendations for improvements to pipeline retary’s progress in implementing the rec- 60125(a) is amended to read as follows: safety from an advisory committee ap- ommendations referred to in subsection (a) ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry pointed by the Governor of any State, the and identifying options for the Secretary to out this chapter (except for section 60107) re- Secretary of Transportation shall respond in consider in accelerating recommendation lated to gas and hazardous liquid, the fol- writing to the committee setting forth what implementation. lowing amounts are authorized to be appro- action, if any, the Secretary will take on SEC. 19. NTSB SAFETY RECOMMENDATIONS. priated to the Department of Transpor- those recommendations and the Secretary’s (a) IN GENERAL.—The Secretary of Trans- tation: reasons for acting or not acting upon any of portation, the Administrator of Research ‘‘(1) $45,800,000 for fiscal year 2003, of which the recommendations. and Special Program Administration, and $31,900,000 is to be derived from user fees for SEC. 25. PIPELINE BRIDGE RISK STUDY. the Director of the Office of Pipeline Safety fiscal year 2003 collected under section 60301 (a) IN GENERAL.—The Secretary of Trans- shall fully comply with section 1135 of title of this title. portation shall conduct a study to determine 49, United States Code, to ensure timely re- ‘‘(2) $46,800,000 for fiscal year 2004, of which whether cable-suspension pipeline bridges sponsiveness to National Transportation $35,700,000 is to be derived from user fees for pose structural or other risks warranting Safety Board recommendations about pipe- fiscal year 2004 collected under section 60301 particularized attention in connection with line safety. of this title. pipeline operators risk assessment programs (b) PUBLIC AVAILABILITY.—The Secretary, ‘‘(3) $47,100,000 for fiscal year 2005, of which and whether particularized inspection stand- Administrator, or Director, respectively, $41,100,000 is to be derived from user fees for ards need to be developed by the Department shall make a copy of each recommendation fiscal year 2005 collected under section 60301 of Transportation to recognize the peculiar on pipeline safety and response, as described of this title. risks posed by such bridges. in subsections (a) and (b) of section 1135, title ‘‘(4) $50,000,000 for fiscal year 2006, of which (b) PUBLIC PARTICIPATION AND COMMENTS.— 49, United States Code. $45,000,000 is to be derived from user fees for In conducting the study, the Secretary shall (c) REPORTS TO CONGRESS.—The Secretary, fiscal year 2006 collected under section 60301 provide, to the maximum extent practicable, Administrator, or Director, respectively, of this title.’’. for public participation and comment and shall submit to Congress by January 1 of (b) STATE GRANTS.—Section 60125 is amend- shall solicit views and comments from the each year a report containing each rec- ed— public and interested persons, including par- ommendation on pipeline safety made by the (1) by striking subsections (b), (d), and (f) ticipants in the pipeline industry with Board during the prior year and a copy of the and redesignating subsection (c) as sub- knowledge and experience in inspection of response to each such recommendation. section (b); and pipeline facilities. SEC. 20. MISCELLANEOUS AMENDMENTS. (2) in subsection (b)(1) (as so redesignated) (c) COMPLETION AND REPORT.—Within 2 (a) GENERAL AUTHORITY AND PURPOSE.— by striking subparagraphs (A) through (H) years after the date of enactment of this (1) IN GENERAL.—Section 60102(a) is amend- and inserting the following: Act, the Secretary shall complete the study ed— ‘‘(A) $19,800,000 for fiscal year 2003, of which and transmit to Congress a report detailing (A) by redesignating paragraph (2) as para- $14,800,000 is to be derived from user fees for the results of the study. graph (3); fiscal year 2003 collected under section 60301 (d) FUNDING.—The Secretary may carry out (B) by striking ‘‘(a)(1)’’ and all that follows of this title. this section using only amounts that are spe- through ‘‘The Secretary of Transportation’’ ‘‘(B) $21,700,000 for fiscal year 2004, of which cifically appropriated to carry out this sec- and inserting the following: $16,700,000 is to be derived from user fees for tion. ‘‘(a) PURPOSE AND MINIMUM SAFETY STAND- fiscal year 2004 collected under section 60301 SEC. 26. STUDY AND REPORT ON NATURAL GAS ARDS.— of this title. PIPELINE AND STORAGE FACILITIES ‘‘(1) PURPOSE.—The purpose of this chapter ‘‘(C) $24,600,000 for fiscal year 2005, of which IN NEW ENGLAND. is to provide adequate protection against $19,600,000 is to be derived from user fees for (a) STUDY.—The Federal Energy Regu- risks to life and property posed by pipeline fiscal year 2005 collected under section 60301 latory Commission, in consultation with the transportation and pipeline facilities by im- of this title. Department of Energy, shall conduct a study

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10959 on the natural gas pipeline transmission net- The list is as follows: placed on the Executive Calendar, and work in New England and natural gas stor- OVERSEAS PRIVATE INVESTMENT CORPORATION the Senate return to legislative ses- age facilities associated with that network. Collister Johnson, Jr., of Virginia, to be a sion. (b) CONSIDERATION.—In carrying out the The PRESIDING OFFICER. Without study, the Commission shall consider the Member of the Board of Directors of the ability of natural gas pipeline and storage fa- Overseas Private Investment Corporation for objection, it is so ordered. cilities in New England to meet current and a term expiring December 17, 2004. (Re- f appointment) projected demand by gas-fired power genera- LEGISLATIVE SESSION tion plants and other consumers. DEPARTMENT OF STATE (c) REPORT.—Not later than 1 year after John Randle Hamilton, of North Carolina, the date of enactment of this Act, the Fed- a Career Member of the Senior Foreign Serv- UNANIMOUS CONSENT AGREE- eral Energy Regulatory Commission shall ice, Class of Minister-Counselor, to be Am- prepare and submit to the Committee on En- bassador Extraordinary and Plenipotentiary MENT—S. 1214 AND CARE ACT ergy and Natural Resources of the Senate of the United States of America to the Re- Mr. DURBIN. Madam President, I ask and the Committee on Energy and Commerce public of Guatemala. unanimous consent that at 9:30 a.m., of the House of Representatives a report con- John F. Keane, of Virginia, a Career Mem- Thursday, November 14, the Senate taining the results of the study conducted ber of the Senior Foreign Service, Class of proceed to the consideration of the under subsection (a), including recommenda- Minister-Counselor, to be Ambassador Ex- tions for addressing potential natural gas traordinary and Plenipotentiary of the conference report to accompany S. transmission and storage capacity problems United States of America to the Republic of 1214, the port and maritime security in New England. Paraguay. legislation; that there be 60 minutes INTERNATIONAL JOINT COMMISSION, UNITED for debate with respect to the con- SA 4905. Mr. DURBIN (for Mr. STATES AND CANADA ference report, with the time equally THOMPSON) proposed an amendment to Irene B. Brooks, of Pennsylvania, to be a divided and controlled between the the bill S. 3067, to amend title 44, Commissioner on the part of the United chairman and ranking member of the United States Code, to extend certain States on the International Joint Commis- Commerce Committee; that at 10:30 government information security re- sion, United States and Canada, vice Susan a.m., without further intervening ac- form for one year, and for other pur- Bayh. tion or debate, the Senate proceed to poses; as follows: Allen I. Olson, of Minnesota, to be a Com- vote on the adoption of the conference missioner on the part of the United States report; that immediately following Strike all after the enacting clause and in- on the International Joint Commission, sert the following: United States and Canada, vice Alice adoption of the conference report, Sen- SECTION 1. ONE-YEAR EXTENSION OF GOVERN- Chamberlin. ator SANTORUM be recognized to pro- MENT INFORMATION SECURITY RE- DEPARTMENT OF STATE pound a unanimous consent request re- FORM. lating to the CARE Act. David N. Greenlee, of Maryland, a Career Section 3536 of title 44, United States Code, The PRESIDING OFFICER. Without is amended by striking ‘‘after the date’’ and Member of the Senior Foreign Service, Class all that follows and inserting ‘‘after Novem- of Minister-Counselor, to be Ambassador Ex- objection, it is so ordered. ber 30, 2003.’’. traordinary and Plenipotentiary of the f United States of America to the Republic of SEC. 2. DESIGNATION OF LAW AS GOVERNMENT EXTENDING AUTHORITIES RELAT- INFORMATION SECURITY REFORM Bolivia. ACT. Peter DeShazo, of Florida, a Career Mem- ING TO THE NATIONAL SECU- Subtitle G of title X of the Floyd D. ber of the Senior Foreign Service, Class of RITY WORKING GROUP Spence National Defense Authorization Act Minister-Counselor, for the rank of Ambas- Mr. DURBIN. Madam President, I ask for Fiscal Year 2001 (as enacted into law by sador during tenure of service as Deputy Per- unanimous consent that the Senate manent Representative of the United States Public Law 106–398; 114 Stat. 1654A–266) is proceed to the immediate consider- amended by inserting after the heading for of America to the Organization of American the subtitle the following new section: States. ation of S. Res. 355, submitted earlier today by the majority leader and the ‘‘SEC. 1060. SHORT TITLE. OVERSEAS PRIVATE INVESTMENT CORPORATION Republican leader. ‘‘This subtitle may be cited as the ‘Govern- John L. Morrison, of Minnesota, to be a ment Information Security Reform Act’.’’. Member of the Board of Directors of the The PRESIDING OFFICER. The Amend the title so as to read: ‘‘A bill to Overseas Private Investment Corporation for clerk will report the resolution by amend title 44, United States Code, to extend a term expiring December 17, 2004, vice John title. certain Government information security re- J. Pikarski, Jr., term expired. The legislative clerk read as follows: form for one year, and for other purposes.’’. DEPARTMENT OF STATE A resolution (S. Res. 355) extending the au- f J. Cofer Black, of Virginia, to be Coordi- thorities relating to the Senate National Se- AUTHORITY FOR COMMITTEES TO nator for Counterterrorism, with the rank curity Working Group. MEET and status of Ambassador at Large, vice There being no objection, the Senate Francis Xavier Taylor. proceeded to consider the resolution. SELECT COMMITTEE ON INTELLIGENCE BROADCASTING BOARD OF GOVERNORS Mr. DURBIN. Madam President, I ask Mr. REID. Mr. President, I ask unan- Blanquita Walsh Cullum, of Virginia, to be unanimous consent that the resolution imous consent that the Select Com- a Member of the Broadcasting Board of Gov- be agreed to and the motion to recon- mittee on Intelligence be authorized to ernors for a term expiring August 13, 2005, sider be laid upon the table, en bloc, meet during the session of the Senate vice Cheryl F. Halpern, term expired. with no intervening action or debate. on Wednesday, November 13, 2002 at 2:30 FOREIGN SERVICE The PRESIDING OFFICER. Without p.m. to hold a closed hearing on intel- Nominations in the Foreign Service re- objection, it is so ordered. ligence matters. ceived by the Senate on October 8, 2002, be- The resolution (S. Res. 355) was The PRESIDING OFFICER. Without ginning with William Joseph Burns, of Penn- agreed to, as follows: objection, it is so ordered. sylvania, and ending with Michael L. Young, S. RES. 355 f of Colorado. Nominations in the Foreign Service re- Resolved, That Senate Resolution 105 of the EXECUTIVE SESSION ceived by the Senate on October 8, 2002, be- One Hundred First Congress, agreed to April ginning with Jon Christopher Karber, of Ari- 13, 1989, as amended by Senate Resolution 383 zona, and ending with Peter Fernandez, of of the One Hundred Sixth Congress, agreed NOMINATIONS DISCHARGED New York. to October 27, 2000, is further amended by adding at the end the following new section: Mr. DURBIN. Madam President, I ask Mr. DURBIN. Madam President, in SEC. 4. THE PROVISIONS OF THIS RESO- executive session, I ask unanimous unanimous consent that the Foreign LUTION SHALL REMAIN IN EFFECT consent that the Foreign Relations Relations Committee be discharged UNTIL DECEMBER 31, 2004.’’. Committee be discharged from further from further consideration of the fol- f consideration of the following nomina- lowing nomination: Alan Olson, of Min- tions and that they be placed on the nesota, to be a commissioner on the ALLOWING CERTAIN CATCH-UP Executive Calendar. part of the United States on the Inter- CONTRIBUTIONS The PRESIDING OFFICER. Without national Joint Commission, United Mr. DURBIN. Madam President, I ask objection, it is so ordered. States and Canada, the nomination unanimous consent that the Senate

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10960 CONGRESSIONAL RECORD — SENATE November 13, 2002 proceed to the immediate consider- ‘‘(J) have the authority to enter into ø(1) The Secretary shall establish a West- ation of H.R. 3340, which is at the desk. agreements, including the Interstate Com- ern Shoshone Judgment Roll consisting of The PRESIDING OFFICER. The pact for Adult Offender Supervision, with all Western Shoshones who— ø 1 clerk will report the bill by title. any State or group of States in accordance (A) have at least ⁄4 degree of Western with the Agency’s responsibilities under sub- Shoshone Blood; The legislative clerk read as follows: paragraphs (G) and (I).’’. ø(B) are citizens of the United States; and A bill (H.R. 3340) to amend title 5, United f ø(C) are living on the date of enactment of States Code, to allow certain catch-up con- this Act. tributions to the Thrift Savings Plan to be FACILITATING USE OF PORTION ø(2) Any individual determined or certified made by participants age 50 or over. OF FORMER O’REILLY GENERAL as eligible by the Secretary to receive a per There being no objection, the Senate HOSPITAL IN SPRINGFIELD, MIS- capita payment from any other judgment proceeded to consider the bill. SOURI fund awarded by the Indian Claims Commis- sion, the United States Claims Court, or the Mr. DURBIN. Madam President, I ask Mr. DURBIN. Madam President, I ask unanimous consent that the bill be United States Court of Federal Claims, that unanimous consent that the Senate was appropriated on or before the date of en- read three times, passed, the motion to proceed to the immediate consider- actment of this Act, shall not be eligible for reconsider be laid upon the table, and ation of H.R. 5349, which is at the desk. enrollment under this Act. that any statements relating to the The PRESIDING OFFICER. The ø(3) The Secretary shall publish in the Fed- bill be printed in the RECORD. clerk will report the bill by title. eral Register rules and regulations governing The PRESIDING OFFICER. Without The legislative clerk read as follows: the establishment of the Western Shoshone objection, it is so ordered. A bill (H.R. 5349) to facilitate the use of a Judgment Roll and shall utilize any docu- The bill (H.R. 3340) was read the third portion of the former O’Reilly General Hos- ments acceptable to the Secretary in estab- time and passed. pital in Springfield, Missouri, by the local lishing proof of eligibility. The Secretary’s determination on all applications for enroll- f Boys and Girls Club through the release of the reversionary interest and other interests ment under this paragraph shall be final. ø COURT SERVICES AND OFFENDER retained by the United States in 1955 when (4) Upon completing the Western Sho- SUPERVISION AGENCY INTER- the land was conveyed to the State of Mis- shone Judgment Roll under paragraph (1), souri. the Secretary shall make a per capita dis- STATE SUPERVISION ACT OF 2002 tribution of 100 percent of the funds de- Mr. DURBIN. Madam President, I ask There being no objection, the Senate scribed in this section, in a sum as equal as unanimous consent that the Senate proceeded to consider the bill. possible, to each person listed on the Roll. proceed to the immediate consider- Mr. DURBIN. I ask unanimous con- ø(5)(A) With respect to the distribution of ation of Calendar No. 717, S. 3044. sent that the bill be read the third funds under this section, the per capita time and passed, the motion to recon- shares of living competent adults who have The PRESIDING OFFICER. The reached the age of 19 years on the date of the clerk will report the bill by title. sider be laid upon the table, and that any statements relating thereto be distribution provided for under paragraph The legislative clerk read as follows: (4), shall be paid directly to them. printed in the RECORD. A bill (S. 3044) to authorize the Court Serv- ø(B) The per capita shares of deceased indi- ices and Offender Supervision Agency of the The PRESIDING OFFICER. Without viduals shall be distributed to their heirs and District of Columbia to provide for the inter- objection, it is so ordered. legatees in accordance with regulations pre- state supervision of offenders on parole, pro- The bill (H.R. 5349) was read the third scribed by the Secretary. bation, and supervised release. time and passed. ø(C) The shares of legally incompetent individuals shall be administered pursuant to There being no objection, the Senate f regulations and procedures established by proceeded to consider the bill. WESTERN SHOSHONE CLAIMS the Secretary under section 3(b)(3) of Public Mr. DURBIN. Madam President, I ask DISTRIBUTION ACT Law 93–134 (25 U.S.C. 1403(b)(3)). unanimous consent that the bill be ø(D) The shares of minors and individuals read a third time and passed; that the Mr. DURBIN. Madam President, I ask who are under the age of 19 years on the date motion to reconsider be laid upon the unanimous consent that the Senate of the distribution provided for under para- table, with no intervening action or de- proceed to the immediate consider- graph (4) shall be held by the Secretary in bate; and that any statements relating ation of Calendar No. 634, S. 958. supervised individual Indian money ac- The PRESIDING OFFICER. The counts. The funds from such accounts shall to the bill be printed in the RECORD. be disbursed over a period of 4 years in pay- The PRESIDING OFFICER. Without clerk will report the bill by title. The legislative clerk read as follows: ments equaling 25 percent of the principal, objection, it is so ordered. plus the interest earned on that portion of A bill (S. 958) to provide for the use and The bill (S. 3044) was read the third the per capita share. The first payment shall distribution of the funds awarded to the time and passed, as follows: be disbursed to individuals who have reached Western Shoshone identifiable group under the age of 18 years if such individuals are S. 3044 Indian Claims Commission Docket Numbers deemed legally competent. Subsequent pay- Be it enacted by the Senate and House of Rep- 326–A–1, 326–A–3, 326–K, and for other pur- ments shall be disbursed within 90 days of resentatives of the United States of America in poses. the individual’s following 3 birthdays. Congress assembled, There being no objection, the Senate ø(6) All funds distributed under this Act SECTION 1. SHORT TITLE. proceeded to consider the bill which are subject to the provisions of section 7 of This Act may be cited as the ‘‘Court Serv- had been reported from the Committee Public Law 93–134 (25 U.S.C. 1407). ices and Offender Supervision Agency Inter- on Indian Affairs with an amendment ø(7) All per capita shares belonging to liv- state Supervision Act of 2002’’. to strike all after the enacting clause ing competent adults certified as eligible to SEC. 2. INTERSTATE SUPERVISION. and inserting in lieu thereof the fol- share in the judgment fund distribution Section 11233(b)(2) of the National Capital under this section, and the interest earned Revitalization and Self-Government Im- lowing: on those shares, that remain unpaid for a pe- provement Act of 1997 (sec. 24–133(b)(2), D.C. [Strike the part printed in black riod of 6-years shall be added to the principal Official Code) is amended— brackets and insert the part printed in funds that are held and invested in accord- (1) by amending subparagraph (G) to read italic.] ance with section 3, except that in the case as follows: S. 958 of a minor, such 6-year period shall not begin ‘‘(G) arrange for the supervision of District to run until the minor reaches the age of ma- Be it enacted by the Senate and House of Rep- of Columbia offenders on parole, probation, jority. resentatives of the United States of America in and supervised release who seek to reside in ø(8) Any other residual principal and inter- Congress assembled, jurisdictions outside the District of Colum- est funds remaining after the distribution ø bia;’’; SECTION 1. SHORT TITLE. under paragraph (4) is complete shall be (2) by striking the period at the end of sub- øThis Act may be cited as the ‘‘Western added to the principal funds that are held paragraph (H) and inserting a semicolon; and Shoshone Claims Distribution Act’’. and invested in accordance with section 3. (3) by adding at the end the following new øSEC. 2. DISTRIBUTION OF DOCKET 326–K FUNDS. ø(9) Receipt of a share of the judgment subparagraphs: øThe funds appropriated in satisfaction of funds under this section shall not be con- ‘‘(I) arrange for the supervision of offend- the judgment award granted to the Western strued as a waiver of any existing treaty ers on parole, probation, and supervised re- Shoshone Indians in Docket Number 326–K rights pursuant to the ‘‘1863 Treaty of Ruby lease from jurisdictions outside the District before the Indian Claims Commission, in- Valley’’, inclusive of all Articles I through of Columbia who seek to reside in the Dis- cluding all earned interest, shall be distrib- VIII, and shall not prevent any Western Sho- trict of Columbia; and uted as follows: shone Tribe or Band or individual Shoshone

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10961 Indian from pursuing other rights guaran- ø(F) The Committee shall develop written (2) Any individual determined or certified as teed by law. rules and procedures that include such mat- eligible by the Secretary to receive a per capita øSEC. 3. DISTRIBUTION OF DOCKETS 326–A–1 AND ters as operating procedures, rules of con- payment from any other judgment fund award- 326–A–3. duct, eligibility criteria for receipt of edu- ed by the Indian Claims Commission, the United øThe funds appropriated in satisfaction of cational grants or assistance (such criteria States Claims Court, or the United States Court the judgment awards granted to the Western to be consistent with this Act), application of Federal Claims, that was appropriated on or Shoshone Indians in Docket Numbers 326–A– selection procedures, appeal procedures, fund before the date of enactment of this Act, shall 1 and 326–A–3 before the United States Court disbursement procedures, and fund not be eligible for enrollment under this Act. of Claims, and the funds referred to under recoupment procedures. Such rules and pro- (3) The Secretary shall publish in the Federal paragraphs (7) and (8) of section 2, together cedures shall be subject to the approval of Register rules and regulations governing the es- with all earned interest, shall be distributed the Secretary. A portion of the interest tablishment of the Western Shoshone Judgment as follows: funds in the Trust Fund, not to exceed Roll and shall utilize any documents acceptable ø(1)(A) Not later than 120 days after the $100,000, may be used by the Committee to to the Secretary in establishing proof of eligi- date of enactment of this Act, the Secretary pay the expenses associated with developing bility. The Secretary’s determination on all ap- shall establish in the Treasury of the United such rules and procedures. At the discretion plications for enrollment under this paragraph States a trust fund to be known as the of the Committee, and with the approval of shall be final. ‘‘Western Shoshone Educational Trust the appropriate tribal governing body, juris- (4) Upon completing the Western Shoshone Fund’’ for the benefit of the Western Sho- diction to hear appeals of the Committee’s Judgment Roll under paragraph (1), the Sec- shone members. There shall be credited to decisions may be exercised by a tribal court, retary shall make a per capita distribution of the Trust Fund the funds described in the or a court of Indian offenses operated under 100 percent of the funds described in this sec- matter preceding this paragraph. section 11 of title 25, Code of Federal Regula- tion, in a sum as equal as possible, to each per- ø(B) The principal in the Trust Fund shall tions. son listed on the Roll. not be expended or disbursed. The Trust ø(G) The Committee shall employ an inde- (5)(A) With respect to the distribution of Fund shall be invested as provided for in sec- pendent certified public accountant to pre- funds under this section, the per capita shares tion 1 of the Act of June 24, 1938 (25 U.S.C. pare an annual financial statement that in- of living competent adults who have reached the 162a). cludes the operating expenses of the Com- age of 19 years on the date of the distribution ø(C)(i) All accumulated and future interest mittee and the total amount of educational provided for under paragraph (4), shall be paid and income from the Trust Fund shall be dis- grants or assistance disbursed for the fiscal directly to them. tributed, subject to clause (ii)— year for which the statement is being pre- (B) The per capita shares of deceased individ- ø(I) as educational grants and as other pared under this section. The Committee uals shall be distributed to their heirs and forms of educational assistance determined shall compile a list of names of all individ- legatees in accordance with regulations pre- appropriate by the Administrative Com- uals approved to receive such grants or as- scribed by the Secretary. mittee established under paragraph (2) to in- sistance during such fiscal year. The finan- (C) The shares of legally incompetent individ- dividual Western Shoshone members as re- cial statement and the list shall be distrib- uals shall be administered pursuant to regula- quired under this Act; and uted to each organization represented on the tions and procedures established by the Sec- ø(II) to pay the reasonable and necessary Committee and the Secretary and copies retary under section 3(b)(3) of Public Law 93– expenses of such Administrative Committee shall be made available to the Western Sho- 134 (25 U.S.C. 1403(b)(3)). (as defined in the written rules and proce- shone members upon request. (D) The shares of minors and individuals who dures of such Committee). øSEC. 4. DEFINITIONS. are under the age of 19 years on the date of the ø(ii) Funds shall not be distributed under øIn this Act: distribution provided for under paragraph (4) this paragraph on a per capita basis. ø(1) ADMINISTRATIVE COMMITTEE; COM- shall be held by the Secretary in supervised in- ø(2)(A) An Administrative Committee to MITTEE.—The terms ‘‘Administrative Com- dividual Indian money accounts. The funds oversee the distribution of the educational mittee’’ and ‘‘Committee’’ mean the Admin- from such accounts shall be disbursed over a pe- grants and assistance authorized under para- istrative Committee established under sec- riod of 4 years in payments equaling 25 percent graph (1)(C) shall be established as provided tion 3(2). of the principal, plus the interest earned on that for in this paragraph. ø(2) SECRETARY.—The term ‘‘Secretary’’ portion of the per capita share. The first pay- ø(B) The Administrative Committee shall means the Secretary of the Interior. ment shall be disbursed to individuals who have consist of 1 representative from each of the ø(3) TRUST FUND.—The term ‘‘Trust Fund’’ reached the age of 18 years if such individuals following organizations: means the Western Shoshone Educational are deemed legally competent. Subsequent pay- ø(i) The Western Shoshone Te-Moak Tribe. Trust Fund established under section 3(1). ments shall be disbursed within 90 days of the ø(ii) The Duckwater Shoshone Tribe. ø(4) WESTERN SHOSHONE MEMBERS.—The individual’s following 3 birthdays. ø(iii) The Yomba Shoshone Tribe. term ‘‘Western Shoshone members’’ means (6) Notwithstanding section 7 of the Indian ø(iv) The Ely Shoshone Tribe. an individual who appears on the Western Tribal Judgment Funds Use or Distribution Act ø(v) The Western Shoshone Business Coun- Shoshone Judgment Roll established under (25 U.S.C. 1407), the per capita shares (or the cil of the Duck Valley Reservation. section 2(1), or an individual who is the lin- availability of those shares) shall not— ø(vi) The Fallon Band of Western Sho- eal descendant of an individual appearing on (A) be subject to Federal or State income tax- shone. the roll, and who— ation; ø(vii) The at large community. ø(A) satisfies all eligibility criteria estab- (B) be considered to be income or resources; or ø(C) Each member of the Committee shall lished by the Administrative Committee (C) be used as a basis for denying or reducing serve for a term of 4 years. If a vacancy re- under section 3(F); financial assistance or any other benefit to mains unfilled in the membership of the ø(B) fulfills all application requirements which a household or member would otherwise Committee for a period in excess of 60 days, established by the Committee; and be entitled under— the Committee shall appoint a replacement ø(C) agrees to utilize funds distributed in (i) the Social Security Act (42 U.S.C. 301 et from among qualified members of the organi- accordance with section 3(1)(C)(i)(I) in a seq.); or zation for which the replacement is being manner approved by the Committee for edu- (ii) any other Federal or federally-assisted made and such member shall serve until the cational purposes. program. organization to be represented designates a øSEC. 5. REGULATIONS. (7) All per capita shares belonging to living replacement. øThe Secretary may promulgate such regu- competent adults certified as eligible to share in ø(D) The Secretary shall consult with the lations as are necessary to carry out this the judgment fund distribution under this sec- Committee on the management and invest- Act.¿ tion, and the interest earned on those shares, ment of the funds subject to distribution SECTION 1. SHORT TITLE. that remain unpaid for a period of 6-years shall under this section. This Act may be cited as the ‘‘Western Sho- be added to the principal funds that are held ø(E) The Committee shall have the author- shone Claims Distribution Act’’. and invested in accordance with section 3, ex- ity to disburse the accumulated interest SEC. 2. DISTRIBUTION OF DOCKET 326–K FUNDS. cept that in the case of a minor, such 6-year pe- fund under this Act in accordance with the The funds appropriated in satisfaction of the riod shall not begin to run until the minor terms of this Act. The Committee shall be judgment award granted to the Western Sho- reaches the age of majority. responsible for ensuring that the funds pro- shone Indians in Docket Number 326–K before (8) Any other residual principal and interest vided through grants and assistance under the Indian Claims Commission, including all funds remaining after the distribution under paragraph (1)(C) are utilized in a manner earned interest, shall be distributed as follows: paragraph (4) is complete shall be added to the consistent with the terms of this Act. In ac- (1) The Secretary shall establish a Western principal funds that are held and invested in cordance with paragraph (1)(C)(i)(II), the Shoshone Judgment Roll consisting of all West- accordance with section 3. Committee may use a portion of the interest ern Shoshones who— SEC. 3. DISTRIBUTION OF DOCKETS 326–A–1 AND funds to pay all of the reasonable and nec- (A) have at least 1⁄4 degree of Western Sho- 326–A–3. essary expenses of the Committee, including shone Blood; The funds appropriated in satisfaction of the per diem rates for attendance at meetings (B) are citizens of the United States; and judgment awards granted to the Western Sho- that are the same as those paid to Federal (C) are living on the date of enactment of this shone Indians in Docket Numbers 326–A–1 and employees in the same geographic location. Act. 326–A–3 before the United States Court of

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10962 CONGRESSIONAL RECORD — SENATE November 13, 2002 Claims, and the funds referred to under para- Committee’s decisions may be exercised by a There being no objection, the Senate graphs (7) and (8) of section 2, together with all tribal court, or a court of Indian offenses oper- proceeded to consider the bill. earned interest, shall be distributed as follows: ated under section 11 of title 25, Code of Federal Mr. DURBIN. Madam President, I ask (1)(A) Not later than 120 days after the date Regulations. unanimous consent that the bill be of enactment of this Act, the Secretary shall es- (G) The Committee shall employ an inde- tablish in the Treasury of the United States a pendent certified public accountant to prepare read the third time and passed; the mo- trust fund to be known as the ‘‘Western Sho- an annual financial statement that includes the tion to reconsider be laid upon the shone Educational Trust Fund’’ for the benefit operating expenses of the Committee and the table, with no intervening action or de- of the Western Shoshone members. There shall total amount of educational grants or assistance bate; and that any statements related be credited to the Trust Fund the funds de- disbursed for the fiscal year for which the state- thereto be printed in the RECORD. scribed in the matter preceding this paragraph. ment is being prepared under this section. The The PRESIDING OFFICER. Without (B) The principal in the Trust Fund shall not Committee shall compile a list of names of all in- objection, it is so ordered. be expended or disbursed. The Trust Fund shall dividuals approved to receive such grants or as- The bill (S. 2845) was read the third be invested as provided for in section 1 of the sistance during such fiscal year. The financial Act of June 24, 1938 (25 U.S.C. 162a). statement and the list shall be distributed to time and passed, as follows: (C)(i) All accumulated and future interest and each organization represented on the Committee S. 2845 income from the Trust Fund shall be distributed, and the Secretary and copies shall be made Be it enacted by the Senate and House of Rep- subject to clause (ii)— available to the Western Shoshone members resentatives of the United States of America in (I) as educational grants and as other forms upon request. Congress assembled, of educational assistance determined appro- SEC. 4. DEFINITIONS. SECTION 1. EXTENSION OF PERIOD OF LAWFUL priate by the Administrative Committee estab- In this Act: PRESENCE IN THE UNITED STATES lished under paragraph (2) to individual West- (1) ADMINISTRATIVE COMMITTEE; COM- FOR CERTAIN ALIEN VICTIMS OF ern Shoshone members as required under this TERRORIST ATTACK ON UNITED MITTEE.—The terms ‘‘Administrative Com- STATES ON SEPTEMBER 11, 2001. Act; and mittee’’ and ‘‘Committee’’ mean the Administra- Section 422(a)(1)(B) of the Uniting and (II) to pay the reasonable and necessary ex- tive Committee established under section 3(2). penses of such Administrative Committee (as de- Strengthening America by Providing Appro- (2) SECRETARY.—The term ‘‘Secretary’’ means priate Tools Required to Intercept and Ob- fined in the written rules and procedures of the Secretary of the Interior. such Committee). struct Terrorism (USA PATRIOT ACT) Act (3) TRUST FUND.—The term ‘‘Trust Fund’’ of 2001 (Public Law 107–56; 115 Stat. 357) is (ii) Funds shall not be distributed under this means the Western Shoshone Educational Trust amended by striking ‘‘1 year’’ and inserting paragraph on a per capita basis. Fund established under section 3(1). (2)(A) An Administrative Committee to oversee ‘‘2 years’’. (4) WESTERN SHOSHONE MEMBERS.—The term the distribution of the educational grants and ‘‘Western Shoshone members’’ means an indi- f assistance authorized under paragraph (1)(C) vidual who appears on the Western Shoshone shall be established as provided for in this para- AMENDMENTS TO THE MICROEN- Judgment Roll established under section 2(1), or graph. TERPRISE FOR SELF-RELIANCE an individual who is the lineal descendant of an (B) The Administrative Committee shall con- individual appearing on the roll, and who— ACT OF 2000 AND THE FOREIGN sist of 1 representative from each of the fol- (A) satisfies all eligibility criteria established ASSISTANCE ACT OF 1961 lowing organizations: by the Administrative Committee under section (i) The Western Shoshone Te-Moak Tribe. Mr. DURBIN. Madam President, I ask 3(F); (ii) The Duckwater Shoshone Tribe. unanimous consent that the Senate (iii) The Yomba Shoshone Tribe. (B) fulfills all application requirements estab- proceed to the immediate consider- (iv) The Ely Shoshone Tribe. lished by the Committee; and (C) agrees to utilize funds distributed in ac- ation of Calendar No. 689, H.R. 4073. (v) The Western Shoshone Committee of the The PRESIDING OFFICER. The Duck Valley Reservation. cordance with section 3(1)(C)(i)(I) in a manner (vi) The Fallon Band of Western Shoshone. approved by the Committee for educational pur- clerk will report the bill by title. (vii) The at large community. poses. The legislative clerk read as follows: (C) Each member of the Committee shall serve SEC. 5. REGULATIONS. A bill (H.R. 4073) to amend the Microenter- for a term of 4 years. If a vacancy remains un- The Secretary may promulgate such regula- prise for Self-Reliance Act of 2000 and the filled in the membership of the Committee for a tions as are necessary to carry out this Act. Foreign Assistance Act of 1961 to increase as- period in excess of 60 days, the Committee shall Mr. DURBIN. I ask unanimous con- sistance for the poorest people in developing appoint a replacement from among qualified sent that the committee substitute countries under microenterprise assistance members of the organization for which the re- programs under those acts, and for other placement is being made and such member shall amendment be agreed to; the bill, as purposes. amended, be read the third time and serve until the organization to be represented There being no objection, the Senate passed; the motions to reconsider be designates a replacement. proceeded to consider the bill which (D) The Secretary shall consult with the Com- laid upon the table, with no inter- had been reported from the Committee mittee on the management and investment of the vening action or debate; and that any on Foreign Relations with an amend- funds subject to distribution under this section. statements relating thereto be printed (E) The Committee shall have the authority to ment to strike all after the enacting in the RECORD. disburse the accumulated interest fund under clause and inserting in lieu thereof the The PRESIDING OFFICER. Without this Act in accordance with the terms of this following: objection, it is so ordered. Act. The Committee shall be responsible for en- [Strike the part shown in black The committee amendment in the suring that the funds provided through grants brackets and insert the part shown in nature of a substitute was agreed to. and assistance under paragraph (1)(C) are uti- italic.] lized in a manner consistent with the terms of The bill (S. 958), as amended, was this Act. In accordance with paragraph read the third time and passed. H.R. 4073 (1)(C)(i)(II), the Committee may use a portion of Be it enacted by the Senate and House of Rep- f the interest funds to pay all of the reasonable resentatives of the United States of America in and necessary expenses of the Committee, in- EXTENDING PROCEDURAL RELIEF Congress assembled, cluding per diem rates for attendance at meet- UNDER USA PATRIOT ACT øSECTION 1. AMENDMENTS TO THE MICROEN- ings that are the same as those paid to Federal TERPRISE FOR SELF–RELIANCE ACT employees in the same geographic location. Mr. DURBIN. Madam President, I ask OF 2000. (F) The Committee shall develop written rules unanimous consent that the Judiciary ø(a) PURPOSES.—Section 103 of the Micro- and procedures that include such matters as op- Committee be discharged from further enterprise for Self-Reliance Act of 2000 (Pub- erating procedures, rules of conduct, eligibility consideration of S. 2845 and the Senate lic Law 106–309) is amended— criteria for receipt of educational grants or as- proceed to its immediate consider- ø(1) in paragraph (3), by striking ‘‘micro- sistance (such criteria to be consistent with this ation. entrepreneurs’’ and inserting ‘‘microenter- Act), application selection procedures, appeal The PRESIDING OFFICER. Without prise households’’; ø procedures, fund disbursement procedures, and objection, it is so ordered. The clerk (2) in paragraph (4), by striking ‘‘and’’ at fund recoupment procedures. Such rules and the end; procedures shall be subject to the approval of will report the bill by title. ø(3) in paragraph (5)— the Secretary. A portion of the interest funds in The legislative clerk read as follows: ø(A) by striking ‘‘microfinance policy’’ and the Trust Fund, not to exceed $100,000, may be A bill (S. 2845) to extend for one year pro- inserting ‘‘microenterprise policy’’; used by the Committee to pay the expenses asso- cedural relief provided under the USA PA- ø(B) by striking ‘‘the poorest of the poor’’ ciated with developing such rules and proce- TRIOT Act for individuals who were or are and inserting ‘‘the very poor’’; and dures. At the discretion of the Committee, and victims or survivors of victims of a terrorist ø(C) by striking the period at the end and with the approval of the appropriate tribal gov- attack on the United States on September inserting ‘‘; and’’; and erning body, jurisdiction to hear appeals of the 11, 2001. ø(4) by adding at the end the following:

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10963 ø‘‘(6) to encourage the United States Agen- ø‘‘SEC. 108. MICROENTERPRISE DEVELOPMENT and as part of the testing, institutions and cy for International Development to develop, CREDITS.’’. programs may use these methods on a vol- ø assess, and implement effective outreach SEC. 3. AMENDMENTS TO THE MICROENTER- untary basis to demonstrate their ability to PRISE DEVELOPMENT GRANT AS- methods and tools to ensure that all micro- SISTANCE PROGRAM UNDER THE reach the very poor. enterprise assistance authorized under this FOREIGN ASSISTANCE ACT OF 1961. ø‘‘(C) Not later than October 1, 2004, the title, and the amendments made by this ø(a) FINDINGS AND POLICY.—Section 131(a) Administrator shall, from among the low- title, is used to assist the greatest absolute of the Foreign Assistance Act of 1961 (22 cost poverty measurement methods devel- number of economically viable clients U.S.C. 2152a(a)) is amended to read as fol- oped under this paragraph, certify no fewer among the very poor, and that at least 50 lows: than two of such methods as approved meth- percent of all microenterprise assistance au- ø‘‘(a) FINDINGS AND POLICY.—Congress finds ods for measuring the poverty levels of the thorized under this title, and the amend- and declares that— current or prospective clients of microenter- ments made under this title, is used in sup- ø‘‘(1) access to financial services and the prise organizations for purposes of assistance port of programs or lines of service that tar- development of microenterprise are vital fac- under this section. get the very poor.’’. tors in the stable growth of developing coun- ø‘‘(2) APPLICATION.—Beginning on and after ø(b) DEFINITIONS.—Section 104 of such Act tries and in the development of free, open, October 1, 2004, assistance furnished under is amended— and equitable international economic sys- this section to a program or to a line of serv- ø(1) in paragraph (2), by striking ‘‘for tems; ice within an institution shall qualify, in ø microentrepreneurs’’ and inserting ‘‘to ‘‘(2) it is therefore in the best interest of whole or in part, as targeted assistance to microentrepreneurs and their households’’; the United States to facilitate access to fi- the very poor if one or more of the measure- and nancial services and assist the development ment methods approved under paragraph (1), ø(2) by adding at the end the following: of microenterprise in developing countries; or one or more of the measurement methods ø ø‘‘(5) VERY POOR; POOREST PEOPLE IN DEVEL- ‘‘(3) access to financial services and the approved in accordance with paragraph (1) OPING COUNTRIES.—The terms ‘very poor’ and development of microenterprises can be sup- after October 1, 2004, verifies that at least 50 ‘poorest people in developing countries’ ported by programs providing credit, sav- percent of the incoming or prospective cli- mean those persons living either in the bot- ings, training, technical assistance, business ents of the program or line of service are ini- tom 50 percent below the poverty line as es- development services, and other financial tially among the very poor.’’. tablished by the national government of the and non-financial services; and ø(e) LEVEL OF ASSISTANCE.—Section 131(e) ø country or on less than the equivalent of $1 ‘‘(4) given the relatively high percentage of such Act, as redesignated by subsection per day.’’. of populations living in rural areas of devel- (d), is amended by inserting ‘‘and $175,000,000 oping countries, and the combined high inci- ø for fiscal year 2003 and $200,000,000 for fiscal SEC. 2. AMENDMENTS TO THE MICRO- AND dence of poverty in rural areas and growing SMALL ENTERPRISE DEVELOPMENT year 2004’’ after ‘‘fiscal years 2001 and 2002’’. income inequality between rural and urban CREDITS PROGRAM UNDER THE ø(f) DEFINITIONS.—Section 131(f) of such markets, microenterprise programs should FOREIGN ASSISTANCE ACT OF 1961. Act, as redesignated by subsection (d), is target both rural and urban poor.’’. ø(a) FINDINGS AND POLICY.—Section ø amended by adding at the end the following: (b) AUTHORIZATION.—Section 131(b) of such ø 108(a)(2) of the Foreign Assistance Act of 1961 Act (22 U.S.C. 2152a(b)) is amended— ‘‘(5) VERY POOR; POOREST PEOPLE IN DEVEL- (22 U.S.C. 2151f(a)(2)) is amended by striking ø(1) in paragraph (3)— OPING COUNTRIES.—The terms ‘very poor’ and ‘‘the development of the enterprises of the ø(A) in the first sentence of the matter pre- ‘poorest people in developing countries’ poor’’ and inserting ‘‘the access to financial ceding subparagraph (A), by striking ‘‘tar- mean those persons living either in the bot- services and the development of microenter- geted to very poor entrepreneurs’’ and all tom 50 percent below the poverty line as es- prises’’. that follows and inserting ‘‘used in support tablished by the national government of the ø(b) PROGRAM.—Section 108(b) of such Act of programs or lines of service under which country or on less than the equivalent of $1 (22 U.S.C. 2151f(b)) is amended to read as fol- 50 percent or more of the incoming or proper day.’’. lows: spective clients are initially very poor.’’; and øSEC. 4. REPORT TO CONGRESS. ø‘‘(b) PROGRAM.—To carry out the policy ø(B) in subparagraph (A)(i) , by striking øNot later than July 1, 2004, the Adminis- set forth in subsection (a), the President is ‘‘entrepreneurs’’ and inserting ‘‘clients’’; and trator of the United States Agency for Inter- authorized to provide assistance to increase ø(2) in paragraph (4)(D)— national Development shall submit to Con- the availability of financial services to mi- ø(A) in clause (i), by striking ‘‘very small gress a report that contains— croenterprise households lacking full access loans’’ and inserting ‘‘financial services to ø(1) a description of the interim poverty to credit, including through— poor entrepreneurs’’; and measurement methods developed and imple- ø‘‘(1) loans and guarantees to microfinance ø(B) in clause (ii), by striking ‘‘micro- mented pursuant to section 131(d)(1) of the institutions for the purpose of expanding the finance’’ and inserting ‘‘microenterprise’’. Foreign Assistance Act of 1961, as added by availability of savings and credit to poor and ø(c) MONITORING SYSTEM.—Section 131(c) of section 3(d); low-income households; such Act (22 U.S.C. 2152a(c)) is amended by ø(2) an analysis of the results of the appli- ø‘‘(2) training programs for microfinance striking paragraph (4) and inserting the fol- cation of such interim poverty measurement institutions in order to enable them to bet- lowing: methods to sustainable poverty-focused pro- ter meet the financial services needs of their ø‘‘(4) adopts the widespread use of proven grams under such section; and clients; and and effective poverty assessment tools to ø(3) a description of the proposed final pov- ø‘‘(3) training programs for clients in order successfully identify the very poor and en- erty measurement methods to be imple- to enable them to make better use of credit, sure that they receive needed microenter- mented beginning on October 1, 2004, in ac- increase their financial literacy, and to bet- prise credits, loans, and assistance.’’ cordance with section 131(d)(2) of such Act, ø ter manage their enterprises.’’. (d) DEVELOPMENT AND APPLICATION OF as added by section 3(d).¿ ø POVERTY MEASUREMENT METHODS.—Section (c) ELIGIBILITY CRITERIA.—Section 108(c) SECTION 1. AMENDMENTS TO THE MICROENTER- of such Act (22 U.S.C. 2151f(c)) is amended— 131 of such Act (22 U.S.C. 2152a) is amended— ø(1) by redesignating subsections (d) and PRISE FOR SELF-RELIANCE ACT OF ø(1) in the first sentence of the matter pre- 2000. (e) as subsections (e) and (f), respectively; ceding paragraph (1)— (a) PURPOSES.—Section 103 of the Microenter- ø(A) by striking ‘‘credit institutions’’ and and ø(2) by inserting after subsection (c) the prise for Self-Reliance Act of 2000 (Public Law inserting ‘‘microfinance institutions’’; and 106–309) is amended— ø(B) by striking ‘‘micro- and small enter- following: ø‘‘(d) DEVELOPMENT AND CERTIFICATION OF (1) in paragraph (3), by striking ‘‘microentre- prises’’ and inserting ‘‘microenterprise POVERTY MEASUREMENT METHODS; APPLICA- preneurs’’ and inserting ‘‘microenterprise house- households’’; and TION OF METHODS.— holds’’; ø(2) in paragraphs (1) and (2), by striking ø‘‘(1) DEVELOPMENT AND CERTIFICATION.— ‘‘credit’’ each place it appears and inserting (2) in paragraph (4), by striking ‘‘and’’ at the (A) The Administrator of the United States ‘‘financial services’’. end; Agency for International Development, in (3) in paragraph (5)— ø(d) ADDITIONAL REQUIREMENT.—Section consultation with appropriate microfinance (A) by striking ‘‘microfinance policy’’ and in- 108(d) of such Act (22 U.S.C. 2151f(d)) is institutions, microenterprise institutions, serting ‘‘microenterprise policy’’; amended by striking ‘‘micro- and small en- and other appropriate entities shall develop terprise programs’’ and inserting ‘‘programs no fewer than two low-cost methods for (B) by striking ‘‘the poorest of the poor’’ and for microenterprise households’’. measuring the poverty levels of the current inserting ‘‘the very poor’’; and ø(e) AVAILABILITY OF FUNDS.—Section or prospective clients of microenterprise or- (C) by striking the period at the end and in- 108(f)(1) of such Act (22 U.S.C. 2151f(f)(1)) is ganizations for purposes of assistance under serting ‘‘; and’’; and amended by striking ‘‘for each of fiscal years this section. In developing such methods, the (4) by adding at the end the following: 2001 and 2002’’ and inserting ‘‘for each of fis- Administrator shall give consideration to ‘‘(6) to ensure that in the implementation of cal years 2001 through 2004’’. methods already in use by practitioner insti- this title at least 50 percent of all microenter- ø(f) CONFORMING AMENDMENT.—Section 108 tutions. prise assistance under this title, and the amend- of such Act (22 U.S.C. 2151f) is amended in ø‘‘(B) The Administrator shall field-test ments made under this title, shall be targeted to the heading to read as follows: the methods developed under this paragraph, the very poor.’’.

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(b) DEFINITIONS.—Section 104 of such Act is ‘‘(3) access to financial services and the devel- SEC. 4. REPORT TO CONGRESS. amended— opment of microenterprises can be supported by (a) IN GENERAL.—Not later than September 30, (1) in paragraph (2), by striking ‘‘for micro- programs providing credit, savings, training, 2005, the Administrator of the United States entrepreneurs’’ and inserting ‘‘to microentre- technical assistance, business development serv- Agency for International Development shall preneurs and their households’’; and ices, and other financial and non-financial submit to Congress a report that documents the (2) by adding at the end the following: services; and process of developing and applying poverty as- ‘‘(5) VERY POOR.—The term ‘very poor’ means ‘‘(4) given the relatively high percentage of sessment procedures with its partners. individuals— populations living in rural areas of developing (b) REPORTS FOR FISCAL YEAR 2006 AND BE- ‘‘(A) living in the bottom 50 percent below the countries, and the combined high incidence of YOND.—Beginning with fiscal year 2006, the Ad- poverty line established by the national govern- poverty in rural areas and growing income in- ministrator of the United States Agency for ment of the country in which those individuals equality between rural and urban markets, mi- International Development shall annually sub- live; or croenterprise programs should target both rural mit to Congress on a timely basis a report that ‘‘(B) living on the equivalent of less than $1 and urban poor.’’. addresses the United States Agency for Inter- per day.’’. (b) AUTHORIZATION.—Section 131(b) of such national Development’s compliance with the Mi- SEC. 2. AMENDMENTS TO THE MICRO- AND SMALL Act (22 U.S.C. 2152a(b)) is amended— croenterprise for Self-Reliance Act of 2000 by ENTERPRISE DEVELOPMENT CRED- (1) in paragraph (3)(A)(i), by striking ‘‘entre- documenting— ITS PROGRAM UNDER THE FOREIGN preneurs’’ and inserting ‘‘clients’’; and (1) the percentage of its resources that were ASSISTANCE ACT OF 1961. (2) in paragraph (4)(D)— allocated to the very poor (as defined in para- (a) FINDINGS AND POLICY.—Section 108(a)(2) (A) in clause (i), by striking ‘‘very small graph (5) of section 131(f) of the Foreign Assist- of the Foreign Assistance Act of 1961 (22 U.S.C. loans’’ and inserting ‘‘financial services to poor ance Act of 1961 (22 U.S.C. 2152a(f)(5))) based on 2151f(a)(2)) is amended by striking ‘‘the develop- entrepreneurs’’; and the data collected from its partners using the ment of the enterprises of the poor’’ and insert- (B) in clause (ii), by striking ‘‘microfinance’’ certified methods; and ing ‘‘the access to financial services and the de- and inserting ‘‘microenterprise’’. (2) the absolute number of the very poor velopment of microenterprises’’. (c) MONITORING SYSTEM.—Section 131(c) of reached. (b) PROGRAM.—Section 108(b) of such Act (22 such Act (22 U.S.C. 2152a(c)) is amended by U.S.C. 2151f(b)) is amended to read as follows: striking paragraph (4) and inserting the fol- Mr. DURBIN. Madam President, I ask ‘‘(b) PROGRAM.—To carry out the policy set lowing: unanimous consent that the committee forth in subsection (a), the President is author- ‘‘(4) adopts the widespread use of proven and substitute amendment be agreed to; ized to provide assistance to increase the avail- effective poverty assessment tools to successfully the bill, as amended, be read the third ability of financial services to microenterprise identify the very poor and ensure that they re- time and passed and the motion to re- households lacking full access to credit, includ- ceive needed microenterprise loans, savings, and ing through— assistance.’’. consider be laid upon the table, with no ‘‘(1) loans and guarantees to microfinance in- (d) DEVELOPMENT AND APPLICATION OF POV- intervening action or debate; that any stitutions for the purpose of expanding the ERTY MEASUREMENT METHODS.—Section 131 of statements related thereto be printed availability of savings and credit to poor and such Act (22 U.S.C. 2152a) is amended— in the RECORD. low-income households; (1) by redesignating subsections (d) and (e) as The PRESIDING OFFICER. Without ‘‘(2) training programs for microfinance insti- subsections (e) and (f), respectively; and objection, it is so ordered. (2) by inserting after subsection (c) the fol- tutions in order to enable them to better meet The committee amendment in the the financial services needs of their clients; and lowing: ‘‘(3) training programs for clients in order to ‘‘(d) DEVELOPMENT AND CERTIFICATION OF nature of a substitute was agreed to. enable them to make better use of credit, in- POVERTY MEASUREMENT METHODS; APPLICATION The bill (H.R. 4073), as amended, was crease their financial literacy, and to better OF METHODS.— read the third time and passed. ‘‘(1) DEVELOPMENT AND CERTIFICATION.—(A) manage their enterprises to improve their qual- f ity of life.’’. The Administrator of the United States Agency (c) ELIGIBILITY CRITERIA.—Section 108(c) of for International Development, in consultation DOT KIDS IMPLEMENTATION AND such Act (22 U.S.C. 2151f(c)) is amended— with microenterprise institutions and other ap- EFFICIENCY ACT OF 2002 propriate organizations, shall develop no fewer (1) in the first sentence of the matter pre- Mr. DURBIN. Madam President, I ask ceding paragraph (1)— than two low-cost methods for partner institu- (A) by striking ‘‘credit institutions’’ and in- tions to use to assess the poverty levels of their unanimous consent that the Commerce serting ‘‘microfinance institutions’’; and current or prospective clients. The United States Committee be discharged from further (B) by striking ‘‘micro- and small enterprises’’ Agency for International Development shall de- consideration of H.R. 3833 and the Sen- and inserting ‘‘microenterprise households’’; velop poverty indicators that correlate with the ate proceed to its consideration. and circumstances of the very poor. The PRESIDING OFFICER. Without (2) in paragraphs (1) and (2), by striking ‘‘(B) The Administrator shall field-test the objection, it is so ordered. The clerk ‘‘credit’’ each place it appears and inserting ‘‘fi- methods developed under subparagraph (A). As will report the bill by title. nancial services’’. part of the testing, institutions and programs (d) ADDITIONAL REQUIREMENT.—Section 108(d) may use the methods on a voluntary basis to The legislative clerk read as follows: of such Act (22 U.S.C. 2151f(d)) is amended by demonstrate their ability to reach the very poor. A bill (H.R. 3833) to facilitate the creation striking ‘‘micro- and small enterprise programs’’ ‘‘(C) Not later than October 1, 2004, the Ad- of a new second-level Internet domain within and inserting ‘‘programs for microenterprise ministrator shall, from among the low-cost pov- the United States country code domain that households’’. erty measurement methods developed under sub- will be a haven for material that promotes (e) AVAILABILITY OF FUNDS.—Section 108(f)(1) paragraph (A), certify no fewer than two such positive experiences for children and families of such Act (22 U.S.C. 2151f(f)(1)) is amended by methods as approved methods for measuring the using the Internet, provides a safe online en- striking ‘‘for each of fiscal years 2001 and 2002’’ poverty levels of current or prospective clients of vironment for children, and helps to prevent and inserting ‘‘for each of fiscal years 2001 microenterprise institutions for purposes of as- children from being exposed to harmful ma- through 2004’’. sistance under this section. terial on the Internet, and for other pur- (f) CONFORMING AMENDMENT.—Section 108 of ‘‘(2) APPLICATION.—The Administrator shall poses. such Act (22 U.S.C. 2151f) is amended in the require that, with reasonable exceptions, all or- There being no objection, the Senate heading to read as follows: ganizations applying for microenterprise assist- proceeded to consider the bill. ‘‘SEC. 108. MICROENTERPRISE DEVELOPMENT ance under this Act use one of the certified CREDITS.’’. methods, beginning no later than October 1, Mr. DORGAN. Madam President, I SEC. 3. AMENDMENTS TO THE MICROENTERPRISE 2005, to determine and report the poverty levels rise in support of H.R. 3833, the Dot DEVELOPMENT GRANT ASSISTANCE of current or prospective clients.’’. Kids Implementation and Efficiency PROGRAM UNDER THE FOREIGN AS- (e) LEVEL OF ASSISTANCE.—Section 131(e) of Act of 2002. Earlier this year Senator SISTANCE ACT OF 1961. such Act, as redesignated by subsection (d), is ENSIGN and I introduced the companion (a) FINDINGS AND POLICY.—Section 131(a) of amended by inserting ‘‘and $175,000,000 for fis- legislation, S. 2537, in the Senate and the Foreign Assistance Act of 1961 (22 U.S.C. cal year 2003 and $200,000,000 for fiscal year today I am pleased to offer an amend- 2152a(a)) is amended to read as follows: 2004’’ after ‘‘fiscal years 2001 and 2002’’. ‘‘(a) FINDINGS AND POLICY.—Congress finds (f) DEFINITIONS.—Section 131(f) of such Act, ment in the nature of a substitute and declares that— as redesignated by subsection (d), is amended by along with my colleagues Senators EN- ‘‘(1) access to financial services and the devel- adding at the end the following: SIGN, HOLLINGS, and ALLEN. opment of microenterprise are vital factors in ‘‘(5) VERY POOR.—The term ‘very poor’ means As anyone who has surfed online the stable growth of developing countries and in those individuals— knows, the development of the Internet the development of free, open, and equitable ‘‘(A) living in the bottom 50 percent below the has been a mixed blessing. On the one international economic systems; poverty line established by the national govern- ‘‘(2) it is therefore in the best interest of the ment of the country in which those individuals hand the Internet has brought enor- United States to facilitate access to financial live; or mous benefits to adults and children services and assist the development of microen- ‘‘(B) living on less than the equivalent of $1 alike as it gives us new options for terprise in developing countries; per day.’’. reading the news, researching school

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10965 papers, shopping, conducting business, Last October the Department of 18 years of age or younger, but it did and communicating with each other. Commerce awarded the contract to not survive constitutional challenges. But, on the other hand, the Internet handle the management and commer- The U.S. Supreme Court held in Reno also poses great risks to our children cialization of the ‘‘dot-us’’ domain. v. American Civil Liberties Union that because there is no perfect way to pro- And while this bill is careful to not the CDA violated First Amendment tect them from the mountains of mate- change the terms of the existing con- free-speech protections. Congress sub- rial that is inappropriate for their tract it would condition the next consequently responded in 1998 with pas- eyes. tract on the creation of the ‘‘dot-kids- sage of the Children’s Online Protec- Just after we had introduced this bill dot-us’’ domain. tion Act, COPA, legislation that pro- in the Senate a seventh grade girl at So, under this bill, participation in hibited communication of material Erik Ramstad Middle School in North ‘‘dot-kids’’ would be completely vol- that is harmful to minors on for-profit Dakota reported she had been solicited untary. Not only will whomever ac- websites. The U.S. Supreme Court, for a sexual encounter online. In a cepts the next contract know what however, in American Civil Liberties school assembly the same day 30 other they will be getting into, parents will Union v. Reno, upheld an injunction by students revealed that they have been choose to use it, and website operators U.S. Court of Appeals for the Third Cir- threatened online. will choose to be located within it. cuit on constitutional grounds and re- The National Center for Missing and The only requirement will be that manded the case for further review. Exploited Children has charted 5,700 re- site operators on the ‘‘dot-kids’’ do- Another attempt was made to strike ported cases of online enticement in main agree to keep their sites full of the careful balance between the first the past four years, and those are only material that is suitable for minors. amendment and protecting children on cases that were intercepted by parents. Personally, I think the idea of using the Internet with passage of the Chil- And while there is not yet any way to our country’s Top-Level-Domain to dren’s Internet Protection Act of 2000, compile Federal, State, and local cases create a cyber-sanctuary for children CIPA. This legislation required schools involving sex, children, and the Inter- makes a great deal of sense and I want and libraries that receive Federal fund- net, experts estimate that there are to thank all of my colleagues and the ing to install filtering software to 4,000–5,000 each year. many stakeholders who have been in- block from minors Internet content The most recent study available ‘‘On- volved in this legislation for all their that contains child pornography, or line Victimization: A Report on the hard work and cooperation in making other obscene and indecent material Nation’s Youth’’ found that ‘‘almost this bill a reality today. that is harmful to minors. Moreover, one out of five young people who use I urge my colleagues to support the this legislation required federally fund- the Internet regularly were exposed to Dot Kids Implementation and Effi- ed libraries to block adults from ac- unwanted sexual solicitations or ap- ciency Act. cessing websites containing obscene proaches’’ and ‘‘twenty-five percent Mr. ENSIGN. Madam President, I am material or child pornography. How- had been exposed to unwanted online pleased to rise in support of H.R. 3833, ever, the U.S. District Court for the pornography’’ in the previous year. the Dot Kids bill of 2002. Senator DOR- Eastern District of Pennsylvania This is a frightening situation. Com- GAN and I introduced this bipartisan unanimously held in American Library puters have become an open door for bill earlier this year to protect chil- Association v. United States that CIPA predators into the homes of children. It dren on the Internet, and I am gratified was unconstitutional. is necessary to create a safe haven on- that the Senate will act on it today. The bill before us today represents line for children to surf. It is estimated today that over 140 the most recent effort by Congress to Today we have before us a bill called million Americans use the Internet, craft legislation that can both protect the Dot Kids Implementation and Effi- many of them children. Most schools children on the Internet and withstand ciency Act that will help this situation are equipped with computers, where constitutional scrutiny. by creating a safe haven on the Inter- our children learn to navigate the The Dot Kids bill establishes a chil- net for kids. Internet; in most cases children do so dren’s section of the Internet, much Introduced in the Senate by myself with better skill than parents. No like a children’s section of the library, and Senator ENSIGN, after it was suc- longer do our children have to go to where children will be safe from cessfully shepherded through the House the library and sift through volumi- pedophiles, pornography, and violence. by Representatives SHIMKUS, UPTON, nous card catalogues for their research We worked to craft the Dot Kids bill to and MARKEY, the idea behind the ‘‘dot projects. No longer do our children withstand first amendment challenges kids’’ domain is very simple—to create need to be in school to communicate by not imposing a burden on free a space on the web that can be a cyber- with their teachers and fellow class- speech to adults; the use of the Dot sanctuary for kids. A place where par- mates—they can do it from home by Kids subdomain is completely vol- ents and kids can be confident that using e-mail and instant messaging. untary. As such, it recognizes and pro- every site on the ‘‘dot-kids’’ domain Families simply need a computer with tects the rights of those who wish to contains materials that are suitable for an Internet connection to provide chil- view content not suitable for minors children under the age of thirteen. dren with access to a greater breadth outside of the Dot Kids subdomain. The bill calls for the creation of a of information than the Library of Content within the Dot Kids sub- sub-domain under our Nation’s country Congress. The educational opportuni- domain must be suitable for children code ‘‘.us’’ called ‘‘.kids.us’’ which will ties are limitless. under 13 years of age. Dot Kids also only host content that is age appro- However, the Internet can also be protects children from accessing priate for children. A number of safe- used as a tool for evil. Many young websites outside the Dot Kids sub- guards were also put in this bill. ‘‘Dot- children have tragically fallen victim domain or engaging in uncertified kids-dot-us’’ will be monitored for con- to on-line predators. They have been interactive services. This is a major tent and safety; and should objection- stalked by pedophiles masquerading as victory for children and families. Chat able material appear, it will be taken other children. Many more young chil- rooms and instant messaging is a key down immediately. dren on the Internet are routinely ex- component in allowing pedophiles to One of those safeguards is a restric- posed to graphic violence, drugs and in- stalk children over the Internet. Li- tion on peer-to-peer communication appropriate sexual content despite par- ability protection was also provided for unless the entity hosting the site cer- ents’ efforts at restricting such con- the domain administrator by utilizing tifies that it will be done safely. And tent. the ‘‘Good Samaritan’’ provision in the further, hyperlinks, which would take Congress first acted to protect chil- Communications Act of 1934. This pro- children out of the safe ‘‘dot-kids’’ do- dren on the Internet in 1996 with pas- vision will ensure that the Dot Kids ad- main are expressly prohibited to help sage of the Communications Decency ministrator will not be held liable for insure that parents can be confident Act, CDA. This legislation criminalized actions voluntarily taken in good faith that when their children visit sites in engaging in indecent or patently offen- to restrict access to, or availability of, ‘‘dot-kids’’ they will stay within the sive speech on computer networks if obscene, harassing, violent or other ob- dot-kids domain. the speech could be viewed by anyone jectionable material.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10966 CONGRESSIONAL RECORD — SENATE November 13, 2002 I am pleased that the Family Re- (The amendment is printed in today’s July. While the House-passed energy search Council, the National Center for RECORD under ‘‘Text of Amendments.’’) bill did not include pipeline safety pro- Missing and Exploited Children, the The bill (H.R. 3833), as amended, was visions, the House agreed to try to American Center for Law and Justice, read the third time and passed. reach a consensus on the important a Safer America for Everyone, SAFE, f issue in the context of the energy con- and the National Law Center for Chil- PIPELINE INFRASTRUCTURE PRO- ference. As a result, the measure before dren and Families have joined our ef- TECTION TO ENHANCE SECURITY us today is the sound, pro-safety agree- fort in supporting this proposal. AND SAFETY ACT ment that was achieved during the en- The U.S. House of Representatives ergy conference deliberations. previously passed this measure by an Mr. DURBIN. Madam President, I ask overwhelming majority vote with the unanimous consent that the Commerce The members of the energy con- hard work of many dedicated Members Committee be discharged from further ference are to be commended for their of Congress including Congressman consideration of H.R. 3609 and the Sen- commitment to this important issue. SHIMKUS, Congressman TAUZIN, Con- ate proceed to its consideration. They developed a consensus pipeline gressman UPTON, Congressman MARKEY The PRESIDING OFFICER. Without safety title that includes the best pro- and Congressman DINGELL. objection, it is so ordered. The clerk visions from both the Senate- and Mr. HOLLINGS. Madam President, I will report the bill by title. House-passed bills. Although I did not rise today in support of the substitute The assistant legislative clerk read serve as a formal member of that con- amendment to H.R. 3833, the Dot Kids as follows: ference, we shared a goal of enacting Implementation and Efficiency Act of A bill (H.R. 3609) to amend title 49, to en- comprehensive legislation to promote 2002. I am proud to co-sponsor this hance the security and safety of pipelines. pipeline safety for the public, the envi- amendment with Senators DORGAN, EN- There being no objection, the Senate ronment, and the economy. SIGN, and ALLEN. This bipartisan legis- proceeded to consider the bill. lation is a result of compromise and Mr. MCCAIN. Madam President, Con- I want to commend Representatives hard work by interested parties includ- gressional action to send comprehen- BILLY TAUZIN, JOHN DINGELL, and DON ing Senators DORGAN, ENSIGN, ALLEN, sive pipeline safety legislation to the YOUNG and Senators JEFF BINGAMAN and MCCAIN. I also want to thank Rep- President is long overdue. The Senate and FRANK MURKOWSKI for their leader- resentatives SHIMKUS, MARKEY, and has worked long and hard during both ship and hard work on this issue and UPTON for their efforts in the House on the 106th and the 107th Congresses on their courtesies to ensure the Senate the companion legislation. They have this important issue and we should not authorizing committee was fully con- all demonstrated their commitment to let any more time pass without taking sulted during the process. Given that a making the Internet safe for children. needed action to improve pipeline safe- consensus on a comprehensive energy In short, H.R. 3833 will create a safe ty. I am hopeful we will finally achieve package will not be achieved during haven for children on the Internet. It final passage on this issue before ad- this Congress, it is time to move for- creates a domain designated strictly journment. ward and approve the agreement that for minors—‘‘.kids.us’’. This new do- The Office of Pipeline Safety, OPS, was reached regarding pipeline safety. main will allow parents to be confident within the Department of Transpor- In large part, the legislation before that their child can experience the tation’s Research and Special Pro- Internet, at least in part, without us is the result of several tragic pipe- grams Administration, RSPA, oversees line accidents that have occurred in re- being exposed to objectionable mate- the transportation of about 65 percent cent years. Since 1999, pipeline acci- rial. Only content producers who can of the petroleum and most of the nat- dents have resulted in 78 fatalities. In meet the standard of providing mate- ural gas transported in the United June 1999, a fatal accident occurred in rial suitable for minors will be allowed States. OPS regulates the day-to-day Bellingham, Washington, when gaso- to register a .kids domain. safety of 3,000 gas pipeline operators Really, this bill is just a next step of line leaked from an underground pipe- with more than 1.6 million miles of sorts for me. After all, I have been a pipeline. It also regulates more than line and was subsequently ignited. strong advocate for a safe harbor for 200 hazardous liquid operators with That accident resulted in three deaths, television to ensure that children are 155,000 miles of pipelines. Given the im- a number of injuries, and severe envi- protected from objectionable material. mense array of pipelines that traverse ronmental damage to the area. On Au- I am happy to see that we are now able our nation, reauthorization of our pipe- gust 19, 2000, a natural gas trans- to extend such protections online, en- line safety programs is critical to the mission line ruptured in Carlsbad, New suring that children can safely surf the safety and security of thousands of Mexico, killing 12 members of two fam- Internet without being bombarded with communities and millions of Ameri- ilies. These were two very serious acci- images of sex, violence, and drugs or dents and they helped spur the Sen- being lured by child predators. cans nationwide. As my colleagues know, the Senate ate’s action to address identified safety I am pleased that we have been able shortcomings. to reach an agreeable compromise on has approved pipeline safety legislation this bill and look forward to working three times in the last three years. As I mentioned, the Senate has with the Department of Commerce and Twice we passed stand alone bills, in worked at length to improve pipeline the administrator for the U.S country 2000 and again in 2001. Beginning in the safety and reduce the risk of future ac- code domain to implement this legisla- 106th Congress, we worked on a bipar- cidents. During the last Congress, with tion. tisan basis to develop and approve leg- the assistance of a bipartisan group of Mr. DURBIN. Senators DORGAN, EN- islation to promote both public and en- Senators, the Senate passed the Pipe- SIGN, HOLLINGS, and ALLEN have a sub- vironmental safety by reauthorizing line Safety Improvement Act of 2000. stitute amendment at the desk, and I and strengthening our Federal pipeline Since the House failed to approve pipe- ask unanimous consent that the safety programs which expired in Sep- line safety legislation, we were never amendment be considered and agreed tember 2000. In particular, the efforts able to send a measure to the Presi- to and the motion to reconsider be laid of Senators Slade Gorton and PATTY dent. upon the table; that the bill, as amend- MURRAY were instrumental to the Sen- ed, be read three times and passed and ate’s efforts to address this important When the 107th Congress convened, the motion to reconsider be laid upon safety issue. one of the first legislative actions the table; and that any statements re- In our protracted effort to enact taken by the Senate was to consider lating thereto be printed in the pipeline safety legislation—the House and pass S. 235, the Pipeline Safety Im- RECORD, without intervening action or had not approved its version of a re- provement Act of 2001, a measure near- debate. lated measure—we resorted to adding ly identical to what we passed in the The PRESIDING OFFICER. Without the pipeline safety bill to the Energy prior Congress. Early attention by the objection, it is so ordered. bill during its floor consideration last Senate demonstrated our firm commit- The amendment (No. 4903) was agreed March. Subsequently, the House ap- ment to improving pipeline safety. Al- to. proved its pipeline safety legislation in though it has taken far longer than I

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10967 would have hoped, it is important that In recent years, we have experienced penalties that would be levied for mis- we are taking this action today as we at least two major pipeline accidents: conduct and provides whistle blower work to finish our legislative activities one in Bellingham, WA, and the other protection for employees who reveal for the year. near Carlsbad, NM. I am deeply sympa- misconduct. Further, the bill helps us Despite the tragic accidents I high- thetic to the families of the victims of focus on long-term research needs so as lighted earlier, the safety record of the these tragedies. Nothing can possibly to make our future pipeline system pipeline industry has generally im- replace their losses. What we have en- even safer. Investment today in re- proved significantly and compares fa- deavored to do here is take steps to en- search will help us be more efficient vorably to other forms of transpor- sure that we as a government address and effective in providing a safer and tation. According to the Department of the risks of such accidents in the best more secure system. While I was for Transportation, pipeline related inci- possible manner. I think that this leg- the most part pleased with the final dents dropped nearly 80 percent be- islation will increase the tools avail- product that we negotiated in this bill, tween 1975 and 1998, and the loss of able to the Secretary of Transportation I was concerned that we did not include product due to accidental ruptures has to ensure that our pipeline system is as provisions that would have outlined been cut in half. From 1989 through safe as possible. I would ask that the what sort of pipeline safety informa- 2001, pipeline accidents resulted in Secretary use the tools that we provide tion should be made available to the about 24 fatalities per year, far fewer to ensure the aggressive oversight of public. Concerns were raised that pub- than the number of fatal accidents ex- pipeline safety practices, and involve lic disclosure of certain pipeline safety perienced among other modes of trans- and protect the affected communities information could jeopardize security. portation. But this record must not be to the greatest possible extent. We need to take a look at how we get used as an excuse for inaction on legis- Passage of this bill will help to en- safety information to the people who lation to strengthen pipeline safety. sure the safety and security of natural need it, but protect that information The pipeline safety program expired gas and hazardous liquid pipelines and from those who wish to do harm if it is more than two years ago. It is essential will take strides to increase the safety security-sensitive. that the Congress take final action on of our network of oil and natural gas Overall, this is good legislation. It will improve the safety of our pipelines this critical public and environmental pipelines. I appreciate the considerable and communities through which pipe- safety issue. This legislation reauthor- number of hours that went into cre- lines run, and I urge my colleagues to izes and strengthens Federal pipeline ating this bill by all of the parties. I am also satisfied with the spirit of support it. safety programs, providing additional Mr. DURBIN. I understand Senators funding for safety enforcement and re- compromise that accompanied the par- MCCAIN and HOLLINGS have a sub- search and development efforts. It also ties’ diligent efforts. As a result of stitute amendment at the desk. I ask provides for increased State oversight their cooperative work we have a bill unanimous consent that the amend- authority and facilitates greater public that reaffirms our efforts to regulate ment be considered and agreed to; the education efforts at the local commu- gas and hazardous liquid pipelines safe- motion to reconsider by laid upon the nity level. ty and effectively without interfering table; the bill, as amended, be read This pending pipeline safety legisla- with the pipeline gas and hazardous three times and passed and the motion tion includes many important provi- liquid pipelines safely and effectively to reconsider be laid upon the table; sions. I urge my colleagues to support without interfering with the pipeline and that any statements be printed in final passage of this critical safety im- operators’ and owners’ ability to pro- the RECORD. provement legislation. vide service to our Nation and without The PRESIDING OFFICER. Without Mr. BREAUX. Madam President, I compromising national security. objection, it is so ordered. rise in support of H.R. 3609, the Pipe- While there were many who worked The amendment (No. 4904) was agreed line Safety Improvement Act of 2002, arduously to ensure passage of legisla- to. which will improve the safety and secu- tion in this area, Senator MURRAY, (The amendment is printed in today’s rity of our Nation’s pipeline systems Senator BINGAMAN, and Senator RECORD under ‘‘Text of Amendments.’’) through important reforms within our MCCAIN should be recognized for their The bill (H.R. 3609), as amended, was Federal safety regulatory program. important contributions. Senator MUR- read the third time and passed. This idea is not new. The Senate passed RAY vigorously pursued changes to in- f this legislation in the 106th Congress, crease the level of safety and public GOVERNMENT INFORMATION and again in February 2001 as one of participation in pipeline safety, and SECURITY REFORM ACT the first orders of business of the 107th she worked closely with other Com- Congress. The Senate also passed the merce Committee members to ensure a Mr. DURBIN. I ask unanimous con- same language as part of the Energy reasonable and fair compromise. Sen- sent that the Committee on Govern- Policy Act of 2002. This bill is the prod- ator BINGAMAN was instrumental in mental Affairs be discharged from fur- uct of good-faith compromise over helping bolster the bill’s provisions on ther consideration of S. 3067 and that three years of work, including com- research and development. We also the Senate proceed to its immediate promise with the House of Representa- added provisions he authored to focus consideration. The PRESIDING OFFICER. Without tives, and I ask my colleagues to join our research on progressive areas that objection, it is so ordered. The clerk me in its support. will help us develop better systems of will report the bill by title. Both liquid and natural gas pipelines early detection, and to ensure that we The legislative clerk read as follows: provide transportation of vital energy can avoid accidents such as those that A bill (S. 3067) to amend title 44, United resources to many parts of our coun- occurred in Bellingham, WA, and near States Code, to make Government informa- try. In my State, pipelines support Carlsbad, NM. Senator MCCAIN is to be tion security reform permanent, and for what was recently determined to be a recognized for his continuing efforts to other purposes. $92 billion oil and gas industry. Lou- get this legislation passed. He first ini- There being no objection, the Senate isiana is the third leading producer of tiated this effort years ago as Chair- proceeded to the immediate consider- natural gas and fourth leading pro- man of the Committee. Last, I would ation of the bill. ducer of crude oil in the country. These like to thank the efforts of my dedi- Mr. DURBIN. Madam President, I un- products must be transported to the cated staff and all those staff members derstand Senator THOMPSON has a sub- rest of the country for consumption, who helped reach this agreement. stitute amendment at the desk, and I and pipelines are a key part of this in- Clearly, this measure is a com- ask unanimous consent that it be con- frastructure. In Louisiana alone, there promise, and as such, not every group sidered and agreed to; that the title are over 40,000 miles of gas pipelines, got exactly what they wanted, but this amendment be agreed to; that the bill, some of which pass through towns, res- measure will advance the programs and as amended, be read the third time and idential areas, schools, churches, and system regulating the safety of our passed and the motion to reconsider be other high-consequence areas. Oil and pipeline system. It will require our reg- laid upon the table, with no inter- other product pipelines also number in ulators to finalize a number of overdue vening action or debate; and that any the thousands of miles in my State. regulations. The bill also updates the statements be printed in the RECORD.

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10968 CONGRESSIONAL RECORD — SENATE November 13, 2002 The PRESIDING OFFICER. Without To be lieutenant general MICHAEL C. LONG, 0000 JESS P. LOPEZ, 0000 objection, it is so ordered. MAJ. GEN. ARTHUR J. LICHTE, 0000 JUAN LOPEZ, 0000 The amendment (No. 4905) was agreed TUNG T. LY, 0000 IN THE NAVY LISA K. MACK, 0000 to, as follows: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM J. MAKELL, 0000 (Purpose: To substitute a one-year extension IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOSEPH P. MALINAUSKAS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AUGUST T. MARTIN, 0000 of authority) RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CAROL L. MCCARTHER, 0000 Strike all after the enacting clause and in- THOMAS W. MCDEVITT, 0000 To be vice admiral STEVEN P. MCGEE, 0000 sert the following: PATRICK W. MCMAHON, 0000 REAR ADM. STANLEY R. SZEMBORSKI, 0000 SECTION 1. ONE-YEAR EXTENSION OF GOVERN- JASON A. MERRIWEATHER, 0000 MENT INFORMATION SECURITY RE- IN THE COAST GUARD JAMES F. MILLER, 0000 JAMES W. MITCHELL, 0000 FORM. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN G. MORGAN, 0000 Section 3536 of title 44, United States Code, TO THE GRADE INDICATED IN THE UNITED STATES PATRICK J. MURPHY, 0000 is amended by striking ‘‘after the date’’ and COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: NICOLE S. NANCARROW, 0000 To be lieutenant commander RANDALL J. NAVARRO, 0000 all that follows and inserting ‘‘after Novem- JACK C. NEVE, 0000 ber 30, 2003.’’. ANTHONY J. ALARID, 0000 ANTHONY J. NYGRA, 0000 SEC. 2. DESIGNATION OF LAW AS GOVERNMENT MICHAEL S. ANTONELLIS, 0000 ROBERT R. OATMAN, 0000 MICHAEL A. ARGUELLES, 0000 STEPHEN H. OBER, 0000 INFORMATION SECURITY REFORM HECTOR A. AVELLA, 0000 STEVEN F. OSGOOD, 0000 ACT. PAUL E. BAKER, 0000 KEITH A. OVERSTREET, 0000 Subtitle G of title X of the Floyd D. BARBARA J. BARATA, 0000 GEOFFREY D. OWEN, 0000 CHRISTOPHER M. BARROWS, 0000 KIM J. PACSAI, 0000 Spence National Defense Authorization Act EDWARD K. BEALE, 0000 JOHN K. PARK, 0000 for Fiscal Year 2001 (as enacted into law by SCOTT A. BEAUREGARD, 0000 EDWIN W. PARKINSON, 0000 Public Law 106–398; 114 Stat. 1654A–266) is WILLIAM D. BELLATTY, 0000 VINCENT E. PATTERSON, 0000 amended by inserting after the heading for BRYAN R. BENDER, 0000 KEVIN Y. PEKAREK, 0000 RALPH L. BENHART, 0000 DARYL R. PELOQUIN, 0000 the subtitle the following new section: BENJAMIN A. BENSON, 0000 MATTHEW F. PERCIAK, 0000 ‘‘SEC. 1060. SHORT TITLE. DAVID F. BERLINER, 0000 CORNELL I. PERRY, 0000 PAUL R. BISSAILLON, 0000 MARK G. PHIPPS, 0000 ‘‘This subtitle may be cited as the ‘Govern- RONALD E. BRAHM, 0000 ZACHARY H. PICKETT, 0000 ment Information Security Reform Act’.’’. JOHN A. BRENNER, 0000 KENNETH A. PIERRO, 0000 Amend the title so as to read: ‘‘A bill to DONALD L. BROWN, 0000 MICHAEL E. PLATT, 0000 TIMOTHY J. BUCHANAN, 0000 NATHAN A. PODOLL, 0000 amend title 44, United States Code, to extend RUSSELL S. BURNSIDE, 0000 GARY K. POLASKI, 0000 certain Government information security re- WILLIAM CARTER, 0000 RONALD P. POOLE, 0000 form for one year, and for other purposes.’’. ANTHONY J. CERAOLO, 0000 KENNETH U. POTOLICCHIO, 0000 PATRICK W. CLARK, 0000 STEVEN J. PRUYN, 0000 The bill (S. 3067), as amended, was LESLIE W. CLAYBORNE, 0000 LEE S. PUTNAM, 0000 ROCKY L. COLE, 0000 GREGORY M. RAINEY, 0000 read the third time and passed. RICHARD W. CONDIT, 0000 JEFFREY K. RANDALL, 0000 VERNON E. CRAIG, 0000 SEAN P. REGAN, 0000 f MICHAEL W. CRIBBS, 0000 FRANCISCO S. REGO, 0000 CHRISTOPHER CURATILO, 0000 JAMES M. REILLY, 0000 ORDERS FOR THURSDAY, GREGORY J. CZERWONKA, 0000 JOSHUA D. REYNOLDS, 0000 CHRISTEL A. DAHL, 0000 NOVEMBER 14, 2002 RODD M. RICKLEFS, 0000 BRYAN E. DAILEY, 0000 RONALD L. RIEDINGER, 0000 JAMES W. DALITSCH, 0000 Mr. DURBIN. Madam President, I ask JAMES V. ROCCO, 0000 TIMOTHY E. DARLEY, 0000 STANLEY T. ROMANOWICZ, 0000 unanimous consent that when the Sen- JOSEPH E. DEER, 0000 SHANNAN D. ROONEY, 0000 ate completes its business today, it ANN B. DEYOUNG, 0000 EDWIN DIAZROSARIO, 0000 CHARLES A. ROSKAM, 0000 stand in adjournment until 9:30 a.m., TIMOTHY E. DICKERSON, 0000 KILEY R. ROSS, 0000 Thursday, November 14; that following DOUGLAS C. DIXON, 0000 AARON E. ROTH, 0000 JEAN T. DONALDSON, 0000 WARREN J. RUSSELL, 0000 the prayer and pledge, the morning CHARLENE L. DOWNEY, 0000 MATTHEW A. RYMER, 0000 hour be deemed expired, the Journal of PATRICK J. DUGAN, 0000 KRISTINA E. SALICETI, 0000 KATHRYN C. DUNBAR, 0000 CHRISTOPHER S. SCHUBERT, 0000 proceedings be approved to date, the JOHN C. DURBIN, 0000 JAMES W. SEEMAN, 0000 time for the two leaders be reserved for BRYAN L. DURR, 0000 EDWARD B. SHEPPARD, 0000 BRIAN E. EDMISTON, 0000 JOHN P. SHERLOCK, 0000 their use later in the day, and the Sen- DAVID M. EHLERS, 0000 ARTHUR R. SHUMAN, 0000 ate proceed under the previous order. THOMAS M. EMERICK, 0000 MICHAEL J. SIMBULAN, 0000 DENNIS C. EVANS, 0000 DARELL SINGLETERRY, 0000 The PRESIDING OFFICER. Without RENDALL B. FARLEY, 0000 JEROME F. SINNAEVE, 0000 objection, it is so ordered. DALE C. FOLSOM, 0000 CHARLES G. SMITH, 0000 CHRISTOPHER W. FORANDO, 0000 MATTHEW J. SMITH, 0000 f GREGORY T. FULLER, 0000 ROBERT L. SMITH, 0000 ERIC J. GANDEE, 0000 STUART M. SOCKMAN, 0000 PROGRAM GEORGE D. GANOUNG, 0000 GREGORY STANCLIK, 0000 CHRISTIAN J. GLANDER, 0000 BION B. STEWART, 0000 Mr. DURBIN. Madam President, the MICHAEL W. GLANDER, 0000 ANTHONY A. STOBBE, 0000 GENE G. GONZALES, 0000 PAUL M. STOCKLIN, 0000 next rollcall vote will be on the adop- JEFFREY W. GOOD, 0000 CARRIE M. STOFFEL, 0000 tion of the port security conference re- MARK D. GORDON, 0000 CHRISTOPHER A. STRONG, 0000 SAMUEL J. GOSWELLEN, 0000 CHARLES W. TENNEY, 0000 port at approximately 10:30 a.m. on THOMAS A. GRIFFITTS, 0000 LAURA J. THOMPSON, 0000 Thursday. JASON R. HAMILTON, 0000 THERESA L. TIERNEY, 0000 KEVIN J. HANSON, 0000 SHAWN C. TRIPP, 0000 f JAMES A. HEALY, 0000 NANCY J. TRUAX, 0000 JOSEPH J. HEALY, 0000 ADAM J. TYNDALE, 0000 ADJOURNMENT UNTIL 9:30 A.M. MICHAEL L. HERSHBERGER, 0000 DANIEL D. UNRUH, 0000 JOSEPH P. HIGGINS, 0000 JOSEPH G. UZMANN, 0000 TOMORROW DANIEL J. HIGMAN, 0000 MATTHEW R. WALKER, 0000 RUSSELL E. HOLMES, 0000 DANIEL P. WALSH, 0000 Mr. DURBIN. Madam President, if KATHERINE A. HOWARD, 0000 THOMAS F. WALSH, 0000 there is no further business to come be- JERRY A. HUBBARD, 0000 MICHELLE R. WEBBER, 0000 DAVID A. HUSTED, 0000 MICHAEL C. WESSEL, 0000 fore the Senate, I ask unanimous con- JEFFREY A. JANSZEN, 0000 RICHARD J. WESTER, 0000 sent that the Senate stand in adjourn- TERRENCE M. JOHNS, 0000 SHERMAN P. WHITMORE, 0000 EUGENE E. JOHNSON, 0000 GARY S. WILLIAMS, 0000 ment under the previous order. LAMAR V. JOHNSON, 0000 DONALD L. WINFIELD, 0000 There being no objection, the Senate, RICHARD L. JUNG, 0000 CHARLES T. WRIGHT, 0000 STEPHEN D. JUTRAS, 0000 JEFFREY V. YAROSH, 0000 at 7:39 p.m., adjourned until Thursday, ROBERT M. KEITH, 0000 MICHAEL E. YENSZ, 0000 November 14, 2002, at 9:30 a.m. QUENTIN C. KENT, 0000 CHERIAN ZACHARIAH, 0000 IAN R. KIERNAN, 0000 MICHAEL B. ZAMPERINI, 0000 f SCOTT H. KIM, 0000 ERICH F. KLEIN, 0000 IN THE ARMY NICHOLAS R. KOESTER, 0000 NOMINATIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH E. KRAMEK, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MIRIAM L. LAFFERTY, 0000 Executive nominations received by ARMY UNDER TITLE 10, U.S.C., SECTION 12203: the Senate November 12, 2002: BURT A. LAHN, 0000 ROBERT J. LANDOLFI, 0000 To be colonel IN THE AIR FORCE STEVEN A. LANG, 0000 JAMES R. LANGEVIN, 0000 TOM R. MACKENZIE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT E. LANGUM, 0000 TERRENCE D. WRIGHT, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KEITH H. LAPLANT, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE SCOTT X. LARSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION STEPHEN G. LEFAVE, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE 601: MICHAEL R. LEONGUERRERO, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203:

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 9801 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10969 To be colonel SAMUEL J. COLELLA, 0000 PETER A. GOLDING, 0000 CURTIS C. COLLIER, 0000 WANDA L. GOOD, 0000 STEPHEN M. ACKMAN, 0000 KEVIN J. COLLINS, 0000 BRIAN W. GOODWIN, 0000 CAROLINE F. ADAMS, 0000 WILFREDO COLON, 0000 THOMAS A. GOONAN, 0000 DANIEL J. AHERN, 0000 GARY G. CONLON, 0000 JOSE A. GOTAY, 0000 CHARLES A. ALBRECHT, 0000 ADELE O. CONNELL, 0000 VINCENT R. GRACE, 0000 JOSEPH W. ALDRIDGE, 0000 JACK R. COOK JR., 0000 JAMES L. GREEN, 0000 BLAIR C. ALEXANDER, 0000 PENELOPE L. COOK, 0000 PAUL T. GREEN, 0000 NESTOR A. ALIGA, 0000 JOSEPH E. COOLEY, 0000 ROBERT B. GREEN, 0000 DANIEL L. ALLEN, 0000 NANCY L. COOPER, 0000 JOHN H. GREENWADE, 0000 SHARON D. ALLEN, 0000 ROWLAND COOPER, 0000 DONALD H. GREENWOOD, 0000 MICHELE H. ALTIERI, 0000 LARRY D. COPELIN, 0000 BONNIE J. GRIFFIS, 0000 JACK M. ANDERSON, 0000 DON S. CORNETT JR., 0000 ANDREW C. GRIMES JR., 0000 MARK E. ANDERSON, 0000 VICTOR M. CORREA, 0000 LAWRENCE E. GRIMES, 0000 MYRON L. ANDERSON, 0000 GREGORY E. COUCH, 0000 HERBERT S. GROGAN, 0000 JOHN K. ANDREW II, 0000 ANDRE N. COULOMBE, 0000 MONA A. GRUPP, 0000 DOUGLAS P. ANSON, 0000 GEORGE W. COVERT JR., 0000 DAVID K. GUIER, 0000 JOSEPH F. ARATA, 0000 JAMES M. COYNE, 0000 TIMOTHY A. GUSS, 0000 BOBBY C. ARMSTRONG JR., 0000 TEDDY C. CRANFORD, 0000 MELANIE M. GUTJAHR, 0000 MELAYNE E. ARNOLD, 0000 DON CROSBY, 0000 SIGFREDO. GUZMAN, 0000 STUART D. ARTMAN, 0000 RICHARD C. CROTTY, 0000 ERIC G. HAERTEL, 0000 MICHAEL L. ASHLEY, 0000 CAROL R. CROUCH, 0000 KENT A. HALBERSTADT, 0000 WILLIAM A. AYERS JR., 0000 RANDY B. CROWDER, 0000 JIMMY C. HALFACRE, 0000 ARTHUR T. AYLWARD JR., 0000 NOEL D. CULBERT, 0000 STEPHEN E. HAMBRECHT, 0000 WAYNE P. BAIR, 0000 GEORGE B. CULPEPPER, 0000 AUDIE V. HAMRICK JR., 0000 JOSE A. BANCHS, 0000 DONALD J. CURRIER, 0000 JAMES F. HANKINS, 0000 CHARLES D. BANFI JR., 0000 LARRY W. CURTIS, 0000 JOHN C. HANLEY, 0000 JOEL W. BARBER, 0000 ROBERT J. CURTIS, 0000 STEPHANIE E. HAP, 0000 KENNETH P. BARDEN JR., 0000 MICHAEL A. DANGERFIELD, 0000 GARY A. HARBER, 0000 CORINNE E. BARDGETT, 0000 JOE C. DANIEL, 0000 DAYRA E. HARBISON, 0000 CRAIG A. BARGFREDE, 0000 ANTHONY J. DAQUILA, 0000 ROBERT C. HARGREAVES, 0000 STEPHEN W. BARKSDALE, 0000 GEORGE H. DAVIS JR., 0000 PATRICIA A. HARNEY, 0000 MICHAEL L. BARNES, 0000 GLORIA E. DAVIS, 0000 GARY P. HARPER, 0000 GREGORY W. BATTS, 0000 GORDON M. DAVIS, 0000 MARK D. HARRELL, 0000 TRAVIS G. BEESON, 0000 DAVID I. DAWLEY, 0000 JAMES M. HARRINGTON, 0000 WILLIAM J. BEISWENGER JR., 0000 KENNETH M. DAY, 0000 KATHALEEN F. HARRIS, 0000 MICHAEL J. BENDICH, 0000 GENE M. DEAL, 0000 STEVEN L. HARTMAN, 0000 DAVID H. BENNETT, 0000 ANDRE J. DEBOSE, 0000 THOMAS D. HASBROOK, 0000 SUSAN G. BERG, 0000 RAYMOND DENISEWICH, 0000 CHRISTOPHER J. HASER, 0000 THOMAS M. BERGER, 0000 JAMES W. DETTMAN, 0000 CHARLES H. HASH, 0000 MARK E. BERGMAN, 0000 PAUL DEVINCENZO, 0000 KENNETH E. HASSLER, 0000 HAROLD A. R. BERLOTH, 0000 PAUL F. DICKER, 0000 JACK P. HAUSEN, 0000 ALTON G. BERRY, 0000 GLEN R. DIEHL, 0000 PAUL A. HAVELES, 0000 GREGORY L. BERRY, 0000 CARL D. DIETZ, 0000 CURTIS M. HELLENBRAND, 0000 BRIAN K. BERSCH, 0000 ERNEST M. DILWORTH, 0000 FORREST B. HENDRICK, 0000 JOEL E. BEST, 0000 CARL J. DISALVATORE, 0000 JOSEPH F. HENNEKEY, 0000 EMILIO C. BIANCHI, 0000 LOUIS F. DISANTO, 0000 WALTER C. HERIN JR., 0000 CAROLE R. BISHOP, 0000 RODNEY P. DIXON, 0000 PATRICIA A. HERITSCH, 0000 MICHAEL P. BISHOP, 0000 CHAUNCEY D. DOCKINS, 0000 JOSEPH L. HERMON, 0000 WILLIAM R. BISHOP, 0000 DOUGLAS A. DODS, 0000 JULIE A. HERNANDEZ, 0000 JOHN R. BIVENS, 0000 GUILLERMO V. DOMINGUEZ, 0000 MARK R. HERTEL, 0000 TADEUS A. BLACH, 0000 TIMOTHY J. DORN, 0000 JAMES M. HESSON JR., 0000 JACK M. BLACK, 0000 JEFFRY E. DORNEY, 0000 TODD R. HIGGINS, 0000 THOMAS R. BLACKERBY, 0000 RONALD E. DORVILLE, 0000 DANNY R. HILL, 0000 IRVIN R. BLACKMON, 0000 JUDY D. DOUGHERTY, 0000 FRANK G. HILL, 0000 GEORGE C. BLACKWELL JR., 0000 KEVIN A. DOXEY, 0000 CLARENCE HILTON, 0000 DELMER F. BLANKENHAGEN, 0000 PETER S. DUKLIS JR., 0000 JUDITH M. HOHMANN, 0000 DIANA L. BODNER, 0000 FRANK W. DULFER, 0000 DAVID R. HOLTGRIEVE, 0000 PAUL D. BOGGS, 0000 DAVID T. DUNN, 0000 CHARLES E. HOLWERDA, 0000 MARGARET W. BOOR, 0000 FRANK W. DUNN SR., 0000 THOMAS D. HOOK, 0000 VERNON R. BORN, 0000 GRACUS K. DUNN, 0000 JAY J. HOOPER, 0000 CHARLES A. BORSAVAGE, 0000 JOSEPH M. DUREN, 0000 JAMES T. HORNSTEIN, 0000 MICHAEL BOSMA, 0000 KENT J. DURING, 0000 RAYMOND T. HOROHO, 0000 WILLIAM E. BRADLEY, 0000 EDWARD R. DWAN, 0000 VANCE B. HORTON JR., 0000 DARREL R. BRANHAGEN, 0000 JAMES M. DYE JR., 0000 JONATHAN M. HOUSE, 0000 ROBERT L. BRAY, 0000 DOUGLAS B. EARHART, 0000 STEVEN P. HUBER, 0000 EDWARD S. BRENNAN, 0000 ROCKY G. EASTER, 0000 DENNIS C. HUEBSCHMAN, 0000 SIDNEY O. BREWER, 0000 SHEILA M. EDWARDS, 0000 RONALD W. HUFF, 0000 DAVID L. BRIGHTMAN, 0000 HAROLD R. ELLENS, 0000 GERALD S. HUGHES, 0000 GEORGE A. BRINEGAR, 0000 CARL A. ELLSWORTH, 0000 PAUL F. HULSLANDER, 0000 DANIEL B. BRITT, 0000 WILLIAM L. ENYART JR., 0000 PAUL D. HUMPHRIES, 0000 TIMOTHY B. BRITT, 0000 THOMAS L. ESKER, 0000 JAMES W. HUNT, 0000 DAWN S. S. BROOKSGALLAHAN, 0000 DAVID M. EVANS, 0000 BENJAMIN T. HUSSEY JR., 0000 DEAN W. BROWN, 0000 THOMAS J. EVELYN, 0000 CHARLES A. IADIMARCO, 0000 JAMES K. BROWN JR., 0000 WILLIAM J. FALLON, 0000 DONALD S. IANNAZZI, 0000 WILLIAM J. BRUNKHORST, 0000 PETER A. FAST, 0000 HENRY J. IARRUSSO, 0000 ALBERT BRUNSON, 0000 MICHAEL H. FEEHAN, 0000 ETHEL M. IFFLANDER, 0000 GLENN A. BRUNSON, 0000 STEVEN J. FELDMANN, 0000 HERBERT A. IRISH, 0000 THOMAS A. BRUSEGAARD, 0000 JOHN J. FERENCE, 0000 DAVID F. IRWIN, 0000 JOHN E. BRYAN, 0000 REBECCA L. FERNANDEZ, 0000 MIGUEL A. ISAAC, 0000 ROBERT D. BUNDRICK, 0000 THOMAS E. FERNANDEZ, 0000 JONATHAN G. IVES, 0000 PHILLIP R. BURGESS, 0000 JOSE A. FERNANDEZRUIZ, 0000 BILLY I. JACKSON, 0000 JOHN A. BURKHART JR., 0000 KEVIN J. FINNEGAN, 0000 HARRY T. JACKSON, 0000 CURTIS R. BURNS, 0000 RENEE T. FINNEGAN, 0000 JANNETT N. JACKSON, 0000 MIKEL J. BURROUGHS, 0000 NORA V. FISHER, 0000 JEANINE E. JACKSON, 0000 DALE A. BURTYK, 0000 PHILIP R. FISHER, 0000 PAMELA D. JACKSON, 0000 BRIAN M. BUXTON, 0000 DAVID W. FITZGERALD, 0000 BRUCE A. JAHNKE, 0000 WILLIAM E. BYNUM III, 0000 WILLIAM F. FITZPATRICK, 0000 BRIAN N. JALBERT, 0000 ROBIN K. BYROM, 0000 DARRELL N. FLANNERY, 0000 CRAIG N. JENKINS, 0000 MARK D. CALVO, 0000 ROBERTA A. FLATH, 0000 KAREN L. JENNINGS, 0000 DAVID B. CAMERON, 0000 ELIZABETH W. FLEMING, 0000 CRAIG D. JOHNSON, 0000 GUY F. CAMPION, 0000 MYRON M. FONSECA, 0000 GEORGE H. JOHNSON, 0000 LAWRENCE A. CANNON, 0000 ROBERT S. FORBES, 0000 GEORGE O. JOHNSON, 0000 TIMOTHY S. CARLIN, 0000 JOHN P. FOREMAN, 0000 CHARLES T. JONES, 0000 MICHAEL L. CARMIN, 0000 JOHN H. FOSTER JR., 0000 DARRELL W. JONES, 0000 LESLIE J. CARROLL, 0000 VINCENT L. FOULK, 0000 KENNETH D. JONES, 0000 ROBERT W. CASE, 0000 WALTER E. FOUNTAIN, 0000 PHILIP D. JONES, 0000 MARY C. CASEY, 0000 FREDERICK R. FOWLER, 0000 ROBERT M. JONES, 0000 EDWARD J. CASH, 0000 KARL F. FRANTZ, 0000 BRENT R. JORGENSON, 0000 LARRY W. CHAMBERS, 0000 GEOFFREY A. FREEMAN, 0000 MITCHELL W. JOSH, 0000 SCOTT E. CHAMBERS, 0000 SAMUEL L. FRIAR, 0000 MELVIN N. KAKU, 0000 CARL L. CHAPPELL JR., 0000 ARTHUR R. FRIEDMAN, 0000 THOMAS G. KANE, 0000 MICHAEL A. CHESNEY, 0000 RORY T. FROEHLICH, 0000 WILLIAM A. KASTEN, 0000 JOE E. CHESNUT JR., 0000 TED C. FULTZ, 0000 KATHERINE P. KASUN, 0000 ROBERT E. CHEVAS, 0000 RAYMOND H. GAIER III, 0000 MARK J. KATKOW, 0000 DON A. CHIRI, 0000 ROBERT GAY, 0000 LARRY D. KAY, 0000 FRANK A. CIPOLLA, 0000 RICHARD GEORGI, 0000 PAUL R. KEMPAINEN, 0000 TIMOTHY P. CLAPP, 0000 PAUL F. GERBERS, 0000 DONALD E. KENNEDY, 0000 BLANE CLARK, 0000 WILLIAM H. GERETY, 0000 KERRY M. KENNEDY, 0000 JAMES K. CLAY, 0000 CELESTE GERLACH, 0000 ROBERT W. KENYON, 0000 JAMES A. CLERIHEW, 0000 DAVID K. GILBERT, 0000 WILLIAM H. KERN, 0000 ROBERT P. CLINEBELL, 0000 STEVEN J. GILLINGHAM, 0000 CAROL A. KERR, 0000 STEPHEN M. CLOWSER, 0000 LAWRENCE F. GIUSTI, 0000 SCOTT W. KERR, 0000 JANET L. COBB, 0000 JOHN L. GLATZ, 0000 ALLEN J. KESSEL, 0000 ROBERT A. COBB, 0000 RAYMOND J. GODLESKI JR., 0000 GOPAL S. KHALSA, 0000 ROBERT C. COCHRAN, 0000 DAVID C. GOETSCH, 0000 ROBERT G. KILBER, 0000 ANDREAS K. COFER, 0000 PETER S. GOLDBERG, 0000 KERRY L. KIMBLE, 0000

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 4624 Sfmt 9801 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10970 CONGRESSIONAL RECORD — SENATE November 13, 2002

GREGORY L. KING, 0000 DOUGLAS F. MOW JR., 0000 ENGLISH R. RYAN, 0000 CARL F. KIST, 0000 JOHN C. MURPHY, 0000 JOHN F. SACKETT, 0000 KENNETH KITAHARA, 0000 MARGARET A. T. MURPHY, 0000 BOBBY L. SAILORS, 0000 STEPHEN R. KLASINSKI, 0000 MANDI A. MURRAY, 0000 HUGO E. SALAZAR, 0000 RICHARD D. KNAPP, 0000 SYLVESTER C. MURRAY, 0000 DENNIS D. SALTZMAN, 0000 MICHAEL S. KNEELAND, 0000 THOMAS P. MURRAY, 0000 ANTHONY M. SANCHEZ, 0000 KEVIN J. KNEY JR., 0000 JOHN D. MUSE, 0000 KENNETH A. SANCHEZ, 0000 BARBARA J. KOLL, 0000 ALPHONSE M. NACLERIO, 0000 GUY L. SANDSPINGOT, 0000 ARTHUR D. KOPPERSMITH, 0000 MATTHEW N. NAGASAKO, 0000 ANGEL SANTIAGOTORRES, 0000 ROBERT S. KORPANTY, 0000 REBECCA L. NEILSON, 0000 LUIS G. SANTONI, 0000 ALEXANDER I. KOZLOV, 0000 GILBERT A. NELSON, 0000 THOMAS N. SCHELLINGERHOUT, 0000 KATHLEEN A. KRAMER, 0000 JEFFREY M. NELSON, 0000 RICHARD L. SCHOEFF, 0000 DONALD L. KREBS, 0000 ROBERT E. NELSON, 0000 DANIEL I. SCHULTZ, 0000 ALAN W. KREZECZOWSKI, 0000 MICHAEL R. NEVIN, 0000 DANELLE L. SCOTKA, 0000 ELENA KUSKY, 0000 ALPHONZO L. NEWBY, 0000 JAMES C. SCOTT JR., 0000 DAVID W. LACROIX, 0000 SAMUEL T. NICHOLS JR., 0000 RICHARD R. SCOTT, 0000 GERALD LAGO, 0000 JAMES M. NICKELL, 0000 WILLIE D. SCOTT JR., 0000 CHRISTOPHER W. LAI, 0000 WARD S. NIHISER, 0000 MARK D. SCRABA, 0000 KIRK D. LAMB, 0000 ROBERT J. J. NISBET, 0000 VICKI L. SCRUGGS, 0000 WORNEST E. LAMBERT, 0000 NORMA J. NIXON, 0000 CHARLES E. SEASTRUNK III, 0000 RANDALL W. LAMBRECHT, 0000 DANNY G. NOBLES, 0000 BRIAN J. SELIGA, 0000 THEODORE R. LAMMOT IV, 0000 CARL R. NOLTE, 0000 WILLIAM L. SELLS JR., 0000 DUNNICA O. LAMPTON, 0000 ROBERT W. NOONAN, 0000 STEPHEN E. SEWELL, 0000 MARTIN J. LANGAN, 0000 MARY R. NORRIS, 0000 CHARLES F. SHAVER, 0000 DAVID N. LANGLEY, 0000 DONALD W. NORTH, 0000 DAVID F. SHAW, 0000 PEDRO J. LANZO, 0000 ALICIA L. NYLAND, 0000 ROBERT G. SHAW, 0000 BRIAN J. LARSON, 0000 DAVID C. OCHS, 0000 DEBORAH A. SHEA, 0000 THOMAS G. LAWRACY, 0000 LOREN S. OELKERS, 0000 LINDA L. SHEFFIELD, 0000 JAMES E. LAWRENCE, 0000 MICHAEL E. OHARE, 0000 THADIOUS S. SHELLY, 0000 JAMES H. LAWSON, 0000 LANCE Y. OKIHARA, 0000 WILLIAM J. SHELTON, 0000 DAVID E. LECKRONE, 0000 CURTIS J. OLACHEA, 0000 JOANNE F. SHERIDAN, 0000 ALAN J. LECLAIR, 0000 GERALD A. OLSON, 0000 RICHARD D. SHIELDS JR., 0000 JON D. LEE, 0000 JACK D. OLSON, 0000 MICHAEL V. SHUTE, 0000 JUSTIN E. N. LEE, 0000 SCOT T. OLSON, 0000 LAURA L. SIEVERT, 0000 DONALD C. LEINS, 0000 THERESA J. OLSON, 0000 MICHAEL A. SIGMUND, 0000 JOHN A. LENDRUM, 0000 JOSEPH M. OLSZOWY, 0000 CLIFFORD M. SILSBY, 0000 MICHAEL R. LIECHTY, 0000 MARTIN J. ONEILL, 0000 MELVIN SILVA, 0000 JEFFREY J. LIETHEN, 0000 VINCENT P. OPPENHEIM, 0000 THOMAS W. SIMPSON, 0000 MARION W. LILES, 0000 RICHARD E. ORR, 0000 GLENN P. SINCLAIR, 0000 LEONARD LIVOTE, 0000 BASTIAN W. OSKAM, 0000 JAMES T. SIPES, 0000 MARK E. LOGAN, 0000 MARK G. OSWALD, 0000 JEROME SIRMANS, 0000 JON E. LOPEY, 0000 TIMON M. OUJIRI, 0000 JOHN C. SKELLY III, 0000 PHILIP R. LOSCHIAVO, 0000 JAMES OWENS, 0000 DANIEL F. SLOAN, 0000 JEFFREY A. LOUDERMILK, 0000 ROBIN K. OWENS, 0000 CARLON L. SMITH, 0000 STEVEN B. LOVE, 0000 WILLIE R. PALMER, 0000 CAROL S. SMITH, 0000 CARROLL LUCAS, 0000 OCTAVIA L. PARKER, 0000 GEORGE R. SMITH III, 0000 GWEN B. LYLE, 0000 RICKY D. PARKER, 0000 JACK G. SMITH JR., 0000 DONALD C. LYNDE, 0000 BRADFORD J. PARSONS, 0000 JOHN J. SMITH JR., 0000 MICHAEL J. LYONS, 0000 ANTHONY PATERNOSTRO, 0000 MARK A. SMITH, 0000 GEORGE E. MACDONALD JR., 0000 MARITA M. PATTERSON, 0000 STERILLA A. SMITH, 0000 GORDON J. MACKENZIE JR., 0000 DWIGHT C. PATTON, 0000 WILLIAM A. SMITH, 0000 TOM R. MACKENZIE, 0000 MARY T. PEARL, 0000 TERRY K. SNOW, 0000 DANIEL E. MAGILL, 0000 GARY E. PELCAK, 0000 THOMAS A. SOBECKI, 0000 GARY A. MAJOR, 0000 JOSEPH P. PEROVICH, 0000 DALE K. SODERSTROM, 0000 MATTHEW S. MANEY, 0000 BRIAN D. PERRY SR., 0000 MICHAEL E. SOJA, 0000 WILLIAM M. MARCHAND, 0000 KATHY J. N. PERRY, 0000 JOHN B. SOLAN, 0000 MARCO A. MARIN, 0000 BERNADETTE E. PETERS, 0000 JOHN W. SONE, 0000 ANTHONY S. MARRACCINO, 0000 HARRY E. PETERS, 0000 JESUS SOTO JR., 0000 ROBERT T. MARSH, 0000 RODNEY R. PETERSON, 0000 DALE A. SOWELL, 0000 CHARLES E. MARSHALL, 0000 RONALD D. PETERSON, 0000 CHAD E. SPARKS, 0000 CHARLES D. MARTIN, 0000 SUSAN C. PETTY, 0000 JEROME V. SPEARS, 0000 CLARENCE R. MARTIN JR., 0000 JERRY L. PHILLABAUM, 0000 JAMES E. SPIESS, 0000 ROBERT K. MARTIN, 0000 CHARLES W. PHILLIPS, 0000 ROBERT M. SPILLERS, 0000 WESLEY M. MARTIN II, 0000 GREGORY PHILLIPS, 0000 JOHN R. SPOTTS, 0000 JAMES D. MARZE, 0000 JEFFREY E. PHILLIPS, 0000 CLAIR SCOTT J. ST, 0000 JACQUELINE MASON, 0000 JOSEPH J. PHILLIPS, 0000 ROBERT F. STAAKE, 0000 TIMOTHY J. MASON, 0000 TIMOTHY S. PHILLIPS, 0000 CHARLES G. STEINMETZ IV, 0000 SERGIO M. MATURINO, 0000 JOSEPH A. PIASTA II, 0000 XAVIER STEWART, 0000 ROGER S. MATZKIND, 0000 ROBERT L. PITTS, 0000 LARRY J. STICE, 0000 JOHN F. MAUL, 0000 LUCAS N. POLAKOWSKI, 0000 GEORGE L. STIGLER, 0000 GEORGE P. MAXEY, 0000 JERRY M. POWERS, 0000 DON S. STINSON, 0000 WILLIAM R. MAY, 0000 DAVID M. PRATT, 0000 WILLIAM S. STIREWALT JR., 0000 CHRISTOPHER T. MAYER, 0000 ROBERT J. PRATT, 0000 LEE L. STOCKDALE, 0000 CHARLES E. MAYO, 0000 HELEN L. PREWITT, 0000 KENNETH C. STONE JR., 0000 KEVIN J. MCALEESE, 0000 DAVID A. PRICE, 0000 MICHAEL E. STOUT, 0000 DAVID G. MCALPIN, 0000 JOSEPH A. PRICE, 0000 ANDREW K. STRAW, 0000 TERENCE J. MCARDLE, 0000 RAYMOND M. PRUETT, 0000 STANLEY M. STRICKLEN, 0000 KATHY L. MCCAIN, 0000 DANIEL G. PUHL, 0000 JOHN K. STRUDWICK, 0000 ROGER L. MCCLELLAN, 0000 LESLIE A. PURSER, 0000 JEFFREY L. STUART, 0000 DENNIS J. MCGLONE, 0000 DAVID W. PUSTER, 0000 JERRY E. SULLIVAN, 0000 MARK A. MCKEE, 0000 ROBERT T. RAFFEL, 0000 ROBERT M. SUNDBERG, 0000 BOBBY L. MCKINNON JR., 0000 PAUL M. RAGARD, 0000 THOMAS C. SUPLER, 0000 ALEXANDER G. MCLAREN, 0000 JESUS G. RAMIREZ JR., 0000 RUSSEL S. SWANGER JR., 0000 RONALD D. MCNEIL, 0000 ANNE M. RAMOS, 0000 LARRY J. SWARTZ, 0000 MARTHA A. MCRAVINOLIVER, 0000 LAWRENCE L. RANDLE, 0000 EDWARD SWEENEY, 0000 DANNY L. MEADOR, 0000 JOHN W. RANDOLPH, 0000 DONNA D. SWIFT, 0000 MICHAEL M. MEDENIS, 0000 BILLY M. REIMER, 0000 ROBERT C. A. SWISHER, 0000 ANASTACIO MEDINA JR., 0000 PATRICK J. REINERT, 0000 JEFFREY J. SWOKOWSKI, 0000 GARY A. MEDVIGY, 0000 WESLEY K. REMER, 0000 DANIEL L. TACK, 0000 WILLIAM C. MEILI, 0000 BRUCE A. RESNAK, 0000 KEN H. TAKAYAMA, 0000 VIVIAN R. MENYHERT, 0000 HEINRICH J. REYES, 0000 DANNY D. TALLENT, 0000 MITFORD H. MERRITT JR., 0000 ORLANDO REYESRENTAS, 0000 LEROY F. TARIO, 0000 DAVID D. METCALF, 0000 KEITH W. RICHARD, 0000 RICHARD H. TAYLOR, 0000 GREGORY E. MEYER, 0000 JOHNNY L. RICHARDS, 0000 ARTHUR N. TEAMERSON III, 0000 MARK S. MILLARD, 0000 JOSEPH M. RICHIE, 0000 DEBRA R. TEMPLETON, 0000 BRIAN R. E. MILLER, 0000 THEODORE P. RIGO, 0000 GEORGE W. THOMAS, 0000 CHARLOTTE L. MILLER, 0000 RONALD C. RILEY, 0000 GLENDORA G. THOMAS, 0000 JON J. MILLER, 0000 RAYMOND E. RIPPEL, 0000 ROBERT F. THOMAS, 0000 KENT L. MILLIKEN, 0000 GREGORY A. RITCH, 0000 TERRY A. THOMAS, 0000 HECTOR MIRABILE, 0000 WILLIAM E. ROCHELLE, 0000 ROGER M. W. THOMPSON, 0000 GUILLERMO MIRANDA, 0000 PITMAN C. ROCK JR., 0000 BOBBY C. THORNTON, 0000 ERIN M. MISNER, 0000 PAMELA J. RODRIGUEZ, 0000 KEITH C. TIEDKE, 0000 DAVID T. MITCHELL JR., 0000 ALAN D. ROGERS, 0000 JAMES R. TILLEY, 0000 WALTER R. MITCHELL, 0000 CAROL J. ROGERS, 0000 MICHAEL G. TOBIN, 0000 PAULETTE A. MITTELSTEDT, 0000 LARRY D. ROGERS, 0000 BRIAN S. TOLLIE, 0000 THOMAS P. MOLLOY, 0000 LUIS R. ROLDAN, 0000 CHARLES K. TORRENCE, 0000 PAUL E. MONDA, 0000 FRANKLIN D. ROOSE, 0000 MITCHELL E. TORYANSKI, 0000 RODNEY D. MONTANG, 0000 PHILIP L. ROSER, 0000 JOHN C. TRAYLOR, 0000 JEFFREY W. MONTGOMERY, 0000 DANNY R. ROSS, 0000 PAUL E. TRESSA JR., 0000 DAVID R. MOONEY, 0000 MARK H. ROUSSEAU, 0000 TIMOTHY R. TRIBBLE, 0000 JAMES C. MOORE, 0000 ALICIA C. RUCKER, 0000 GARY M. TRIPP, 0000 ROBERT W. MOOTY, 0000 GREGORY L. RUNYON, 0000 MICHAEL J. TROMBETTA, 0000 BRYAN E. MORGAN, 0000 MILLARD C. RUSHING, 0000 DAVID J. TRZASKOS, 0000 MARIE R. MORIN, 0000 PAUL S. RUSINKO, 0000 ANDRE M. TYLER, 0000 ALBERT W. MORRIS, 0000 JEFFREY W. RUSSELL, 0000 JAMES D. TYRE, 0000 THOMAS C. MORTENSON, 0000 JOHN T. RUSSELL, 0000 STEVEN VANDERHOOF, 0000 RICHARD A. MORTON, 0000 JOHN A. RUSSO, 0000 DANIEL VARGAS, 0000

VerDate Mar 15 2010 20:33 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 9801 E:\2002SENATE\S13NO2.REC S13NO2 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 13, 2002 CONGRESSIONAL RECORD — SENATE S10971 GERMAN J. VELEZ, 0000 CONFIRMATIONS THE UNITED STATES OF AMERICA TO THE DEMOCRATIC ERIC C. VERBER, 0000 REPUBLIC OF EAST TIMOR. NEIL A. VESTERMARK, 0000 Executive Nominations Confirmed by ROBIN RENEE SANDERS, OF NEW YORK, A CAREER MILTON N. VICKERS, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF LUIS R. VISOT, 0000 the Senate November 12, 2002: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PAUL H. VIVIAN, 0000 DEPARTMENT OF HOUSING AND URBAN PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA HARDEN D. VOLLMER, 0000 TO THE REPUBLIC OF CONGO. FREDDIE R. WAGGONER, 0000 DEVELOPMENT FRANCIS X. TAYLOR, OF MARYLAND, TO BE DIRECTOR RICHARD D. WAKEFIELD, 0000 ALBERTO FAUSTINO TREVINO, OF CALIFORNIA, TO BE OF THE OFFICE OF FOREIGN MISSIONS, AND TO HAVE ROBERT J. WALCOTT JR., 0000 AN ASSISTANT SECRETARY OF HOUSING AND URBAN DE- THE RANK OF AMBASSADOR DURING HIS TENURE OF DERYL V. WALL, 0000 VELOPMENT. SERVICE. DOUGLAS W. WALLACE, 0000 CAROLYN Y. PEOPLES, OF MARYLAND, TO BE AN AS- FRANCIS X. TAYLOR, OF MARYLAND, TO BE AN ASSIST- MICHAEL F. WALLACE, 0000 SISTANT SECRETARY OF HOUSING AND URBAN DEVEL- ANT SECRETARY OF STATE (DIPLOMATIC SECURITY). JAMES T. WALTON, 0000 OPMENT. DOUGLAS C. WARD, 0000 INTERNATIONAL MONETARY FUND DWIGHT A. WARREN, 0000 SECURITIES INVESTOR PROTECTION NANCY P. JACKLIN, OF NEW YORK, TO BE UNITED FELTON WATKINS III, 0000 CORPORATION STATES EXECUTIVE DIRECTOR OF THE INTERNATIONAL KIMBERLY A. WEAVER, 0000 MONETARY FUND FOR A TERM OF TWO YEARS. PHILIP S. WEAVER, 0000 ARMANDO J. BUCELO, JR., OF FLORIDA, TO BE A DIREC- KENNETH W. WEBB, 0000 TOR OF THE SECURITIES INVESTOR PROTECTION COR- BROADCASTING BOARD OF GOVERNORS JOHN L. WEED, 0000 PORATION FOR A TERM EXPIRING DECEMBER 31, 2002. JOHN E. WEISGERBER, 0000 ARMANDO J. BUCELO, JR., OF FLORIDA, TO BE A DIREC- SETH CROPSEY, OF THE DISTRICT OF COLUMBIA, TO BE JERROLD D. WEISSINGER, 0000 TOR OF THE SECURITIES INVESTOR PROTECTION COR- DIRECTOR OF THE INTERNATIONAL BROADCASTING BU- TIMOTHY J. WELCH, 0000 PORATION FOR A TERM EXPIRING DECEMBER 31, 2005. REAU, BROADCASTING BOARD OF GOVERNORS. MARK J. WELKER, 0000 DEBORAH DOYLE MCWHINNEY, OF CALIFORNIA, TO BE STEVEN J. SIMMONS, OF CONNECTICUT, TO BE A MEM- IRENE N. WHEELWRIGHT, 0000 A DIRECTOR OF THE SECURITIES INVESTOR PROTECTION BER OF THE BROADCASTING BOARD OF GOVERNORS FOR LEWIS M. WHISONANT, 0000 CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2004. THE REMAINDER OF THE TERM EXPIRING AUGUST 13, 2003. DAVID S. WHITE, 0000 NATIONAL CONSUMER COOPERATIVE BANK PATRICIA R. WHITTINGTON, 0000 JOAQUIN F. BLAYA, OF FLORIDA, TO BE A MEMBER OF ANDREW T. WIENER, 0000 RAFAEL CUELLAR, OF NEW JERSEY, TO BE A MEMBER THE BROADCASTING BOARD OF GOVERNORS FOR A TERM WILLIAM F. WILBANKS, 0000 OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- EXPIRING AUGUST 13, 2005. BARRY J. WILLIAMS, 0000 SUMER COOPERATIVE BANK FOR A TERM OF THREE D. JEFFREY HIRSCHBERG, OF WISCONSIN, TO BE A FRANK P. WILLINGHAM, 0000 YEARS. MEMBER OF THE BROADCASTING BOARD OF GOVERNORS IVA E. WILSONBURKE, 0000 MICHAEL SCOTT, OF NORTH CAROLINA, TO BE A MEM- FOR A TERM EXPIRING AUGUST 13, 2004. HENRY W. WILSON, 0000 BER OF THE BOARD OF DIRECTORS OF THE NATIONAL WILLIAM T. WILSON, 0000 CONSUMER COOPERATIVE BANK FOR A TERM OF THREE UNITED STATES AGENCY FOR INTERNATIONAL KENNETH E. WINDHAM, 0000 YEARS. DEVELOPMENT WILLIAM R. WING, 0000 CEDRIC F. WINGATE, 0000 FEDERAL DEPOSIT INSURANCE CORPORATION WENDY JEAN CHAMBERLIN, OF VIRGINIA, TO BE AN AS- DUANE L. WITTENBURG, 0000 SISTANT ADMINISTRATOR OF THE UNITED STATES JOHN M. REICH, OF VIRGINIA, TO BE VICE CHAIR- AGENCY FOR INTERNATIONAL DEVELOPMENT. DONALD L. WODASH, 0000 PERSON OF THE BOARD OF DIRECTORS OF THE FEDERAL DANIEL J. WOLFE, 0000 DEPOSIT INSURANCE CORPORATION. OVERSEAS PRIVATE INVESTMENT CORPORATION STEPHEN A. WOMACK, 0000 ERIC WONG, 0000 DEPARTMENT OF STATE DIANE M. RUEBLING, OF CALIFORNIA, TO BE A MEMBER BRADLEY W. WOOD, 0000 JOHN R. DAWSON, OF THE DISTRICT OF COLUMBIA, A OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- DONNA S. A. WOODBY, 0000 VATE INVESTMENT CORPORATION FOR A TERM EXPIR- RAY C. WOOLERY, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR ING DECEMBER 17, 2002. DAVID G. WRENN, 0000 C. WILLIAM SWANK, OF OHIO, TO BE A MEMBER OF THE JAMES H. WRIGHT, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- KIM R. WRIGHT, 0000 VESTMENT CORPORATION FOR A TERM EXPIRING DE- CRAIG S. WROBLEWSKI, 0000 PERU. GENE B. CHRISTY, OF TEXAS, A CAREER MEMBER OF CEMBER 17, 2002. STEVEN E. WUJCIAK, 0000 SAMUEL E. EBBESEN, OF THE VIRGIN ISLANDS, TO BE GEORGE A. YANTHIS, 0000 THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND A MEMBER OF THE BOARD OF DIRECTORS OF THE OVER- KAREN L. YATTO, 0000 SEAS PRIVATE INVESTMENT CORPORATION FOR A TERM RUDY L. YORK, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO BRUNEI DARUSSALAM. EXPIRING DECEMBER 17, 2003. CLEMENT W. YOUNG, 0000 NED L. SIEGEL, OF FLORIDA, TO BE A MEMBER OF THE JAMES G. YOUNG JR., 0000 CHARLES AARON RAY, OF TEXAS, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- PETER D. ZAMARCHI, 0000 VESTMENT CORPORATION FOR A TERM EXPIRING DE- JOSEPH M. ZIMA, 0000 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CEMBER 17, 2003. IN THE NAVY TO THE KINGDOM OF CAMBODIA. POSTAL RATE COMMISSION DAVID L. LYON, OF CALIFORNIA, A CAREER MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TONY HAMMOND, OF VIRGINIA, TO BE A COMMISSIONER TO THE GRADE INDICATED IN THE UNITED STATES NAVY COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND OF THE POSTAL RATE COMMISSION FOR THE REMAIN- UNDER TITLE 10, U.S.C., SECTION 624: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DER OF THE TERM EXPIRING OCTOBER 14, 2004. TO THE REPUBLIC OF FIJI, AND TO SERVE CONCUR- RUTH Y. GOLDWAY, OF CALIFORNIA, TO BE A COMMIS- To be commander RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS SIONER OF THE POSTAL RATE COMMISSION FOR THE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY TERM EXPIRING NOVEMBER 22, 2008. PHILLIP K. PALL, 0000 OF THE UNITED STATES OF AMERICA TO THE REPUBLIC THE ABOVE NOMINATIONS WERE APPROVED SUBJECT OF NAURU, AMBASSADOR EXTRAORDINARY AND PLENI- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT POTENTIARY OF THE UNITED STATES OF AMERICA TO QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE KINGDOM OF TONGA, AND AMBASSADOR EXTRAOR- CONSTITUTED COMMITTEE OF THE SENATE. UNDER TITLE 10, U.S.C., SECTION 624: DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO TUVALU. DEPARTMENT OF DEFENSE To be commander LINDA ELLEN WATT, OF FLORIDA, A CAREER MEMBER CHARLES S. ABELL, OF VIRGINIA, TO BE DEPUTY OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- STEPHANIE L. O’NEAL, 0000 UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND READINESS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE REPUBLIC OF PANAMA. DEPARTMENT OF JUSTICE UNDER TITLE 10, U.S.C., SECTION 624: RICHARD ALLAN ROTH, OF MICHIGAN, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- CAROL CHIEN-HUA LAM, OF CALIFORNIA, TO BE UNITED To be commander ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CALIFORNIA FOR THE TERM OF FOUR YEARS. THOMAS P. ROSDAHL, 0000 OF AMERICA TO THE REPUBLIC OF SENEGAL, AND TO GLENN T. SUDDABY, OF NEW YORK, TO BE UNITED SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- STATES ATTORNEY FOR THE NORTHERN DISTRICT OF DEPARTMENT OF THE TREASURY PENSATION AS AMBASSADOR EXTRAORDINARY AND NEW YORK FOR THE TERM OF FOUR YEARS. RAYMOND T. WAGNER, JR., OF MISSOURI, TO BE A MEM- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JOHNNY MACK BROWN, OF SOUTH CAROLINA, TO BE BER OF THE INTERNAL REVENUE SERVICE OVERSIGHT TO THE REPUBLIC OF GUINEA-BISSAU. UNITED STATES MARSHAL FOR THE DISTRICT OF SOUTH BOARD FOR THE REMAINDER OF THE TERM EXPIRING ANTONIO O. GARZA, JR., OF TEXAS, TO BE AMBAS- CAROLINA FOR THE TERM OF FOUR YEARS. SEPTEMBER 14, 2004, VICE GEORGE L. FARR. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF JOHN FRANCIS CLARK, OF VIRGINIA, TO BE UNITED THE UNITED STATES OF AMERICA TO MEXICO. STATES MARSHAL FOR THE EASTERN DISTRICT OF VIR- NATIONAL SCIENCE FOUNDATION JOSEPH HUGGINS, OF THE DISTRICT OF COLUMBIA, A GINIA FOR THE TERM OF FOUR YEARS. CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, ROBERT MAYNARD GRUBBS, OF MICHIGAN, TO BE ELIZABETH HOFFMAN, OF COLORADO, TO BE A MEM- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- UNITED STATES MARSHAL FOR THE EASTERN DISTRICT BER OF THE NATIONAL SCIENCE BOARD, NATIONAL DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF MICHIGAN FOR THE TERM OF FOUR YEARS. SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, OF AMERICA TO THE REPUBLIC OF BOTSWANA. JOSEPH R. GUCCIONE, OF NEW YORK, TO BE UNITED 2008, VICE STANLEY VINCENT JASKOLSKI, TERM EX- GROVER JOSEPH REES, OF LOUISIANA, TO BE AMBAS- STATES MARSHAL FOR THE SOUTHERN DISTRICT OF PIRED. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF NEW YORK FOR THE TERM OF FOUR YEARS.

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