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, MONDAY, SEPTEMBER 30, 2002 No. 125 Senate The Senate met at 1 p.m., and was Mr. E. BENJAMIN NELSON there- Res. 45, are now at the desk, having called to order by the Honorable E. upon assumed the Chair as Acting been read the first time. Is that right? BENJAMIN NELSON, a Senator from the President pro tempore. The ACTING PRESIDENT pro tem- State of Nebraska. f pore. The Senator is correct. Mr. REID. I ask unanimous consent RESERVATION OF LEADER TIME PRAYER it be in order for these bills and joint The Chaplain, Dr. Lloyd John The ACTING PRESIDENT pro tem- resolutions, en bloc, to receive a second Ogilvie, offered the following prayer: pore. Under the previous order, the reading, but then I would object to any Almighty God, Sovereign of this Na- leadership time is reserved. further consideration. tion and Lord of our lives, grant us f The ACTING PRESIDENT pro tem- Your peace for the pressures of this week. May Your peace keep us calm MORNING BUSINESS pore. The clerk will read the titles of the resolution and the bills for the sec- when tensions mount and serene when The ACTING PRESIDENT pro tem- strain causes stress. Remind us that ond time. pore. Under the previous order, there The legislative clerk read as follows: You are in control and that there is will now be a period for the transaction enough time to do what You want us to of morning business not to extend be- A resolution (S.J. Res. 45) to authorize the accomplish. use of United States Armed Forces against yond the hour of 2 p.m., with the Sen- Iraq. Fill this Senate chamber with Your ators permitted to speak therein for up presence. May we hear Your whisper in A bill (S. 3009) to provide economic secu- to 10 minutes each. rity for America’s workers. our souls: ‘‘Be not afraid; I am with Under the previous order, the first A bill (H.R. 4691) to prohibit certain abor- you.’’ Bless the women and men of this half of the time shall be under the con- tion-related discrimination in governmental Senate with a special measure of Your trol of the majority leader or his des- activities. strength for the demanding schedule ignee. The ACTING PRESIDENT pro tem- ahead. You are our Lord and Saviour. The Senator from Nevada. pore. Objection having been heard, the Amen. f resolution and bills will be placed on f SCHEDULE the calendar. PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, originally f The Honorable E. BENJAMIN NELSON we had announced there would be a ORDER OF PROCEDURE led the Pledge of Allegiance as follows: vote this afternoon, but there will not Mr. REID. Mr. President, Senator I pledge allegiance to the Flag of the be a vote today. The first vote will be United States of America and to the Repub- LANDRIEU is in the Chamber to report approximately 12 p.m. on Tuesday on lic for which it stands, one nation under God, to the Senate on the devastation of the cloture on the Gramm-Miller amend- indivisible, with liberty and justice for all. hurricane that struck her State. I ask f ment on homeland security. I ask unanimous consent notwith- unanimous consent she have the full 30 APPOINTMENT OF ACTING standing rule XXII, first degree amend- minutes, which would extend the time PRESIDENT PRO TEMPORE ments may be filed until 3 p.m. today to 1:35 and then the minority have their full 30 minutes. The PRESIDING OFFICER. The and the live quorum with respect to The ACTING PRESIDENT pro tem- clerk will please read a communication the cloture motion filed be waived; fur- pore. Is there objection? Without objec- to the Senate from the President pro ther, the cloture vote on the Gramm- tion, it is so ordered. tempore (Mr. BYRD). Miller amendment No. 4738 occur at 12 The legislative clerk read the fol- p.m. tomorrow, without further inter- f lowing letter: vening action or debate. TROPICAL STORM ISIDORE U.S. SENATE, The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE, pore. Without objection, it is so or- Ms. LANDRIEU. Mr. President, I Washington, DC, September 30, 2002. dered. come to the floor today regarding To the Senate: f Tropical Storm Isidore, which made Under the provisions of rule I, paragraph 3, landfall last Wednesday just south of of the Standing Rules of the Senate, I hereby MEASURES PLACED ON THE CAL- New Orleans and dumped nearly 25 appoint the Honorable E. BENJAMIN NELSON, ENDAR—S.J. RES. 45, S. 3009, AND inches of rain in 24 hours. This massive a Senator from the State of Nebraska, to H.R. 4691 perform the duties of the Chair. and destructive storm brought winds of ROBERT C. BYRD, Mr. REID. Mr. President, I under- 60 miles per hour to Southeast Lou- President pro tempore. stand that S. 3009, H.R. 4691, and S.J. isiana and a storm surge of up to 6 feet.

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

S9561

. S9562 CONGRESSIONAL RECORD — SENATE September 30, 2002 I was able to see the flooding first- sufficient funding for the SELA project highway is in a precarious situation. hand when I traveled to Louisiana on in its budget request for fiscal year Can you imagine what would happen if Thursday with the FEMA Director, Joe 2004. a hurricane hit us head on? It would be Allbaugh, to survey the damage. Although protecting life and prop- gone, and there would be great dif- I was relieved and grateful to learn erty should be reason enough to invest ficulty in servicing one-fifth of our na- that on Friday, the President declared in infrastructure in Louisiana, there is tion’s energy supply. I urge the admin- a Federal disaster for the area. This an even bigger problem that faces the istration and my Congressional col- declaration triggered the release of entire Nation when severe flooding oc- leagues to think about these facts and Federal funds to bring much-needed re- curs in South Louisiana. More than 80 to invest more resources in critical im- covery assistance to the towns, com- percent of the Nation’s offshore oil and provements to this and other highway munities, businesses, and citizens that gas is produced off Louisiana’s coast systems in south Louisiana. suffered great loss. I would like to and 25 percent of all the Nation’s for- Year after year, revenues from the thank President Bush and FEMA Di- eign and domestic oil comes across oil and gas production off the coast of rector Joe Allbaugh for their support Louisiana’s shores by tanker, barge or my State provides most of the funds of Louisiana’s recovery efforts. pipeline. In fact, according to the Min- for the Land and Water Conservation Although the final cost of Tropical erals Management Service, (MMS), of Fund but receives precious little in re- Storm Isidore is still being determined, the 571 million barrels of oil produced turn. Since 1968, and for most of the Louisianans know all too well the dam- from the Outer Continental Shelf in life of the Land and Water Conserva- age a storm on this particular path can 2001, 502 million were produced offshore tion Fund, OCS revenues have served bring. Had this storm reached the level Louisiana. That translates to 88 per- as the primary source of funding. In of strength earlier predicted, it would cent of production. fact, since 1990, OCS funds have ac- have been a category 3 hurricane, pack- Let me also tell you all about a very counted for more than 90 percent of the ing winds of 130 miles per hour and a special highway in south Louisiana. deposits in the Land and Water Con- storm surge of up to 12 feet. This highway also happens to be a servation Fund each year. As nearly all of New Orleans area main artery for the Nation’s energy While approximately 80 percent of rests below sea level, a hurricane of supply. This highway is aptly named the OCS revenues collected during this that magnitude alone on the path that Louisiana Highway 1. Nearly one-fifth period came from offshore Louisiana, Tropical Storm Isidore has taken of the Nation’s entire energy supply de- only 1.1 percent, $27 million, of the would devastate southeast Louisiana. pends on Louisiana 1, and we cannot total Federal side Land and Water Con- In Louisiana and throughout the Gulf continue to leave its future to the servation Fund allocated during this South, we deal with the threat of hur- whims of mother nature. period actually went toward Louisiana. ricanes every year. From all reports, Louisiana Highway 1 connects Port On the other hand, 23 percent, $650 mil- this storm could have been much Fourchon, Louisiana with the rest of lion, of the funding allocated during worse, and we are thankful it was not. the country. Why is it important? Con- this period from the Federal side of the But I must take this opportunity to sider these facts: 85 percent of the fund went to California, but only 4 per- bring to light what is at stake when a deep-water drilling rigs working in the cent of the total OCS funds during this hurricane or storm takes aim on the Gulf are supported by Port Fourchon; period came from offshore California. Louisiana coast. Not only is the safety, the Department of Interior’s Mineral In addition, 11 percent, $327 million, of lives and property of Louisiana resi- Management Service has identified the funding allocated during this pe- dents at risk the Nation’s critical en- Port Fourchon as the focal point of riod went toward Florida but no OCS ergy infrastructure and energy supply deep-water activity in the Gulf; it is es- revenues come from offshore Florida. as well as crucial conservation meas- timated that Port Fourchon services The Nation must beware. Louisiana ures are in danger. approximately 16 percent of the U.S. cannot continue to serve as the Na- Tropical Storm Isidore should serve domestic crude oil; natural gas produc- tion’s energy and conservation plat- as a wake-up call to the Federal Gov- tion and imported crude oil; the Gulf of form for much longer without adequate ernment, which must do more to pro- Mexico has 20,000 miles of pipelines, revenue sharing and investment. If we tect the nation’s resources in Lou- which is the most extensive network of do make these investments, there isiana. offshore oil and gas pipelines in the could be severe consequences to both Because the City of New Orleans is world; Louisiana 1 is the only road the State and the Nation. below sea level and surrounded by lev- servicing Port Fourchon, and it spends So, what is at stake? The wetlands in ees, every drop of rain that lands there heavy rain days underwater; Louisiana Louisiana that have vanished so far must be pumped out. This important 1 is the only means of land access to represent an area the size of Rhode Is- job is accomplished by local, State, and the Louisiana Offshore Oil Port, land. Every 30 minutes, a parcel of low Federal agencies working together to (LOOP); LOOP is the only offshore oil lying land the size of a football field ensure that the necessary infrastruc- terminal in the United States and disappears. If current trends continue, ture is in place and working much of alone is responsible for 13 percent of this will result in the loss of nearly 40 this work is done by the U.S. Army the United States’ imported crude oil. percent of our Nation’s coastal wet- Corps of Engineers. However, in the LOOP transports approximately one lands. Not only do these wetlands and President’s budget request submitted million barrels of foreign oil a day and barrier islands offer invaluable protec- to Congress this year, funding for the approximately 300,000 barrels of domes- tion from hurricanes and storms such southeast Louisiana Flood Control tic crude from the Gulf of Mexico Outer as Isidore for more than 2 million peo- Project, (SELA), was cut by an aston- Continental Shelf. The U.S. Army ple living in the coastal zone, including ishing 50 pecent. Corps of Engineers estimates that 60 the City of New Orleans, they also pro- The SELA flood control project is a percent of all the Louisiana offshore tect our Nation’s energy infrastructure smart investment. By investing in drilling over the next 30 years will be so much of which is found in Louisi- these flood control projects, we could in the service area of Port Fourchon. ana’s coastal zone. Here one will find prevent the expenditure of hundreds of –In the event of a hurricane, this lone- not only LOOP but also two storage millions of dollars that will otherwise ly little road is the way out for tens of sites for the Strategic Petroleum Re- be spent in Federal flood insurance thousands of my constituents. serve (SPR) and Henry Hub, one of the claims and other disaster assistance Last year, after giving a similar Nation’s major natural gas distribution programs. Fortunately, the Senate Ap- speech on this floor about the critical centers. propriations Committee understands importance of Louisiana 1, it was fi- From Wednesday to Friday of last this investment and has approved an nally designated as a federal ‘‘high pri- week, MMS estimated that 4.5 million increase for this project, which will ority corridor.’’ But Louisiana 1, like barrels of oil and 25 billion cubic feet of allow the construction already under- much of south Louisiana, is washing natural gas were unavailable for U.S. way to continue. However, this is not away, and we must act now to preserve consumption because of Isidore. With enough. I urge the administration to it. You can see from this picture that over 4,000 oil and gas platforms in the rethink its priorities and to include even without a severe hurricane, this Gulf, storm events such as Isidore September 30, 2002 CONGRESSIONAL RECORD — SENATE S9563 threaten 95 percent of crude oil and 60 the Senate, set some priorities, make very important. But when you have percent of natural gas production from some decisions, and accomplish some threats and you have terrorism, you offshore federal lands. Louisiana’s rap- of the things that are necessary for us aren’t able to choose the time. When it idly eroding wetlands are invaluable in to accomplish prior to the recess. is there, you have to do something absorbing the surge of storm events Clearly, we have to do something about it. like Isidore. Without them, one can about homeland defense. I can’t imag- Some of the talk, particularly in the only imagine the damage a hurricane ine anything that is more important to media, I suppose comes basically from could wreak on South Louisiana and us than to complete this discussion and here. It has been interesting. One of the nation’s energy infrastructure. allow the President to establish what the columnists in my home State of One-third of the commercial fish har- is necessary for homeland defense. It is Wyoming—one of the few liberal col- vested in the lower 48 States comes interesting. It reminds us. This morn- umnists—has written one that I think from Louisiana’s coastal zone. As Lou- ing, for example, over in the Hart Sen- is interesting. The first point he makes isiana’s coastal wetlands disappear, so ate Office Building, we were told we is that President Bush, in his cam- will these fisheries. couldn’t leave our offices and no one paign, was for bringing troops home. Louisiana’s wetlands are home to the could come in because there was a sus- At that time, that was a reasonable Nation’s largest flyway, serving as picious package over there on the floor. thing to do. We were deployed over the habitat for more than five-million It reminds us that there is indeed a world and beyond where we needed to birds and many endangered species. As continuing threat of terrorism which be. the wetlands wash away this habitat is we need to do something about. Now he said the contradiction is that lost. Also, they act as a buffer for the Clearly, we have to make some deci- he is willing to commit thousands of number one port system in the United sions with regard to our position on young people overseas. Times have States that moves the Nation’s goods Iraq. Whatever that decision is, it changed. September 11 changed things. from middle America to world mar- seems to me it is terribly important September 11 indicated to us that there kets. that Congress join with the President, is a different kind of threat from ter- Louisiana takes pride in its role as and that we make some decisions rorism, and indeed a different kind of the country’s most crucial energy pro- which cause something to happen war in this world than there was be- vider. Ours is a state rich in natural re- there. Hopefully, it will be some kind fore. Should our position change? It sources. However, given the contribu- of a peaceful settlement. But that isn’t seems to me that it should. tion my State makes to the Nation, it going to happen—and it hasn’t hap- Then he goes on to talk a little bit is time for the Nation to carefully con- pened for years—until we do something about the fact that the administration sider its deficient investment in South that is very definitive. We can do that. hasn’t even shown the need to do this. Louisiana and the Gulf Coast Region We clearly have to do something It seems to me, if you go back and ex- and to consider what would happen if, about defense appropriations. I suspect amine what happened in the last 10 God forbid, a major hurricane travels that we will end up—and I have no years in Iraq, it is pretty clear that the the same path as Tropical Storm problem with that—with a continuing agreements that were made after the Isidore. The Land and Water Conserva- resolution for the rest of the appropria- 1991 war have not been lived up to. And tion Fund is just one example of a Fed- tions, none of which we have passed at that is the basis for the kind of threat eral revenue stream that will suffer. It this time, so they can continue at last we have now. It is pretty clear. is long past time for the Federal Gov- year’s level until whenever—November It is very interesting. He goes on to ernment to adequately and fairly in- or February. Defense appropriations say we should never attack anyone un- vest in a State that gives so much to and military construction have to be less we have been attacked. I wonder if the rest of the country. changed because the demands are high- he has forgotten the 3,000 people who As I said a few moments ago, Trop- er for more money, and we can’t go on died in New York City. It shows the ical Storm Isidore should serve as our last year’s numbers. different changes that have taken wake-up call. The examples I men- These certainly are some of the place. Years ago, an attack was by 17 tioned today, the SELA flood control things we must do. Then we have to divisions with tanks and landing project, Louisiana Highway 1 and other have this continuing resolution. barges. That is what you defended highways such as Interstate 49, and our I hope we will get back to this mat- yourself against. That is not the case Nation’s wetlands, are too important ter of homeland defense. The President now. The case is you can bring some to ignore. made a recommendation, and the kind of a secret thing into a building in It is too early to tell what the final House passed a bill. It is something New York City and kill 3,000 people. damage will be from Tropical Storm that is unusual, it is something that is We are having some strange con- Isidore. However, one thing is guaran- different, and it is something patterned versations—all of them valid. We need teed: it will not be the last. Let us act after the threats up to now. I think it to go through it. We also hear from now to invest in the infrastructure nec- has to have management flexibility. some of our friends on the other side of essary to protect the life and property That has been one of the controver- the aisle that we are no longer paying of our citizens. sial points—organizational flexibility, any attention to the economy. Mr. THOMAS. Mr. President, I ask putting together a Department made I simply say that I believe we ought unanimous consent that the order for up of a number of different depart- to review where we have been and the quorum call be rescinded. ments that have had these specific re- where we could have been—and the The ACTING PRESIDENT pro tem- sponsibilities and bring it together so number of things talked about here pore. Without objection, it is so or- it will be coordinated. that have an impact on the economy dered. Some of the things we are finding that the leadership has not brought up, f that might have been done better prior and has not been willing to go forward to September 11 will be done better in on. One of them is the budget. It is the THE SENATE AGENDA the future. We can do that. We have to first year in 20-some years that we Mr. THOMAS. Mr. President, I rise to assign personnel responsibilities, do haven’t had a budget; that has some- talk a little bit about what I think is budget transfers, and do many of these thing to do with an economy, of course. the future of some of the things that things that pretty clearly need to be Policy for energy: We have been mov- are being talked about in terms of this done. ing along, but we still haven’t gotten Senate session which probably will ex- I think one of the interesting things an energy policy. It is one of the things pire in 2 weeks, and the many things that has happened in recent times be- that most impacts both our economy that we have to do prior to that time. cause of Iraq and terrorism discussions and our safety against terrorism. We Some of the things that are being and home defense discussions is that on are hoping to get that. There is still no talked about seem to me to be a little homeland defense we see an effort movement there. contradictory from time to time. I being made increasingly to shift the di- Terrorism insurance on buildings, for guess my hope is that we can together, vision from the economy to these example: We have reduced the ability of course, based on the leadership in issues. I think both of these issues are of people to invest their money to help S9564 CONGRESSIONAL RECORD — SENATE September 30, 2002 the economy. We haven’t done any- various problems in her life. In the sec- the business cycle, minus 0.4 percent thing with that. ond panel, Charlie Brown says: Yes, growth in the third quarter; and then, Tax permanency and doing some- Lucy, life does have its ups and downs. in the fourth quarter of 2001, back into thing about the estate tax so people In the third panel, Lucy makes her po- positive territory again. will be more willing to invest their sition very clear. She says: I don’t In the first quarter of 2002, we have money—they don’t want to do that, want any downs. I only want ups. And strong growth again. Then we are back and they haven’t brought it up. We in the fourth panel, she is marching off to 1.3 percent growth. But these cross- need to be sure to take those items out saying: Nothing but ups, ups, ups. And hatched areas show what the econo- of the committees. Charlie Brown responds with the time- mists are predicting for the remainder Limits on liability, tort reform—that honored comment: Good grief. of the year. has something to do with the econ- There are many people who view our So we go from the stronger period of omy—we could do that. The leadership economy the same way Lucy does. the ups that Lucy Van Pelt loves, then has chosen not to bring that up. So They do not want ups and downs; they the business cycle comes again, we there are many things where there just want ups: a continuum, as far as have a recession, and then we start to seems to be a contradiction. the eye can see, of years that are bet- come out of it again. All of us want to pass homeland secu- ter economically than the years before. To those who say: Where did the sur- rity legislation. No one in this Cham- There was a period of time, in the plus go? and, Wasn’t it eaten by the tax ber does not want to accomplish that. 1990s, when we were in the longest sus- cut? I say the answer is very clear: It And we want to make it work. To do tained expansion of our history, where was eaten by the business cycle. that, we need to move forward. There people were saying: Lucy has finally What causes the business cycle? is no one in this body who does not got her wish. We have nothing but ups. What causes things that have been want to see our economy strengthened, During that period, I had the oppor- going well for so long to suddenly go making life better for everyone in this tunity to talk with Alan Greenspan wrong? There are several reasons. Let country. when he appeared before the Banking me try to discuss each one of them. Committee. I asked him the question— We have to make some decisions. We The first thing that causes the busi- not necessarily in Lucy Van Pelt have to have some movement instead ness cycle is, quite frankly, bad deci- terms—but I said to him: Have we re- of being 4 weeks on the same thing and sions—bad decisions on the part of pol- pealed the business cycle? As we look having not accomplished it. icymakers in Government, bad deci- at the strength of the economy, and all Mr. President, I certainly hope we sions on the part of business men and of the years that are ups, have we now can move forward. I think all of us women, bad decisions on the part of reached the point when the business want to do that. We have a couple managers. weeks in which to do it. Now is the cycle will not kick in and we will not One of the reasons we have seen the time. see a downturn? severity of the business cycle tamp I yield the floor. Well, Mr. President, as you know, down a little, so that the swings are The ACTING PRESIDENT pro tem- Alan Greenspan is one who spoke of the not nearly as wide as they used to be in pore. Who yields time? new economy, who spoke of structural The Senator from Utah. changes in the economy as a result of my father’s business days or my grand- Mr. BENNETT. Mr. President, may I the information age and the applica- father’s business days, where we do not inquire as to the parliamentary situa- tion of technology to our decision mak- have anything like the panic of 1873, we tion? Are we in morning business? ing. But when I asked him the question do not have anything like the Great The ACTING PRESIDENT pro tem- with respect to the business cycle, he Depression of the 1930s anymore, is pore. We are in morning business for 20 smiled that wry smile of his and said: that business men and women have more minutes, according to the order. No, Senator, we have not repealed the better access to information and, Mr. BENNETT. For another 20 min- business cycle; it will still manifest therefore, they make fewer mistakes. utes? itself in the years ahead. And it has. The classic business cycle in the The ACTING PRESIDENT pro tem- I brought this chart to the Chamber manufacturing world would run like pore. The Senator is correct. to demonstrate when the business this—this is oversimplified, but it il- Mr. BENNETT. I thank the Chair and cycle started to give us a ‘‘down.’’ You lustrates the point. You open a factory, ask unanimous consent that I be recog- can see, in the third quarter of 1999, we and you start to produce widgets. You nized for the next 20 minutes. were still in a strong ‘‘up’’ mode. In the can see I went to business school be- The ACTING PRESIDENT pro tem- fourth quarter, Christmastime, it was cause in business school they always pore. Without objection, it is so or- strong. While we did not do so well in talk about widgets as the generic prod- dered. the first quarter of 2000, we were still uct. f in the very strong ‘‘up’’ territory. All right. You open a factory. You But by the third quarter of 2000, all of start to make widgets. Let’s say your THE ECONOMY a sudden we were down dramatically. widgets sell pretty well. As the sales Mr. BENNETT. Mr. President, we We were still not in a recession, be- reports come in, you, as the manager of have had a lot of discussion on this cause a recession technically is when the factory, the manager of that busi- floor about the economy recently. the economy is shrinking rather than ness, say: We need to build more capac- Since we are in an election period, we growing, but there was very anemic ity. We need to make more widgets be- have a lot of discussion on the cam- growth, indeed, of 0.6 percent in that cause there is demand for widgets out paign trail about the economy, with a quarter. there. number of questions being raised—in You get to the fourth quarter, Christ- So you double your shift. You put on raised voices—as often happens during mastime, where before you were up two shifts, and you are having twice as a campaign. with a growth of 7.1 percent, and now many widgets come out of your fac- One of the questions we have heard you have a growth of 1.1 percent. It was tory. Pretty soon, people say to you: thunder forth on this floor is: Who lost not a recession technically, but it cer- The wear and tear on our machinery is the surplus? Where did the Government tainly felt like one. such that we need to build a new fac- surplus go? Those who ask the question Before, we had been in strong terri- tory to meet this demand for widgets. almost always answer it by saying: It tory, through the 1990s and on into the So you invest in a new factory, and you was the Bush tax cut that destroyed first half of 2000, and suddenly we were are back to one shift, but now you are the surplus. And it is the Bush tax cut down in this weak territory in the last producing something like three times that causes us now to be in deficit. half of 2000. as many widgets as you were before. As I have contemplated responding to In the first quarter of 2001, we slipped And you are now in the ‘‘up’’ period be- this, my mind has gone back to an old into red territory and negative growth, cause people who make the raw mate- Peanuts cartoon. Charlie Brown and minus 0.6 percent growth in the first rials that go into widgets are selling Lucy are having a conversation. In the quarter; minus 1.6 percent growth in them to you, they are paying their em- first panel, Lucy is complaining about the second quarter; coming back out of ployees, they are buying raw materials September 30, 2002 CONGRESSIONAL RECORD — SENATE S9565 from their suppliers, and it is all run- the 1960s, in the 1970s, you were depend- 1970s helped trigger difficult times. ning through the economy. There is ent on hand counts of inventory, sales September 11 hit us just as we were prosperity. figures that were sometimes weeks, if struggling with the economic downturn While there is prosperity in the econ- not months, after the fact, and it was and made it deeper and longer than it omy, there is prosperity in the Govern- inevitable that even the best manager would otherwise have been. Outside ment, because all of the employees of would make the wrong decision on the shocks and outside circumstances can all of these companies being hired to upside and make the wrong decision on also trigger a business cycle. help you make more and more widgets the downside, which meant that the So it is not just bad decisions on the are paying taxes on their income. They business cycle was more and more ex- part of business leaders; it is also out- are paying taxes on the profits they treme by virtue of bad information. side problems. We had both of those hit make in selling supplies and other ma- The main contribution of the infor- at the same time. The business cycle terial to the widget maker. mation revolution to the business turned us down, and then September 11 Then one day, someone walks into world has been good information with hit us. We have still not recovered from your office as the head of that widget which a manager can now say: Wait a September 11. company and says: Have you noticed minute. There is a softening in widget I was speaking to a good friend in the how many widgets we have in the demand. We will eliminate the second hospitality industry. He said: After storeroom? Have you noticed how big shift, but we will continue to operate September 11, we were off 20 percent our inventory of widgets has gotten? both factories. from the norm. This is an industry that We have so many extra widgets that we Instead of the wild swings that we is bigger than the automobile industry have not shipped that we need to shut used to have in the business cycle, to- in its total impact on the economy. the factory down until we work off the day’s swings are narrower and softer, I spoke to this leader over the week- excess inventory. We need to shut down but they are still there because, inevi- end and said: Have you recovered yet? at least half of our capacity until all tably, at some point, someone will He said: No, we have come back in the widgets in the storeroom have been overestimate sales and thereby build relative terms. We are now only 10 per- cleared out and sold. too much capacity and then, on the cent down from the norm. You made a wrong decision to keep other end, underestimate sales and But in that industry, 10 percent is manufacturing widgets when the de- have to turn around, and you will get a huge. We have seen airlines that are mand started to fall off or level off. business cycle. faced with bankruptcy because people You didn’t realize it was the wrong de- In historic terms, this recession, out- are afraid to fly. They are filling their cision. It didn’t feel like the wrong de- lined on this chart, is milder than any planes, but they are filling their planes cision, as you expanded capacity, but we have had. Those with memories go with cut rates that can’t possibly give now the proof is in the inventory. It is back to the recession that started in them an adequate rate of return. piling up on the back lot, and it is the early 1990s. That recession was What happened to the surplus? What overrunning your storehouses. much sharper and more difficult and happened to the surplus is that the You have so many extra widgets, you more painful than this one has been. If economy got hit with business cycle have to say: Shut the factory down; you have an even longer memory, go problems and with outside shocks si- mothball the extra factory we built be- back to the recession of the double dip multaneously and, as I was describing cause we are not going to be returning in the early 1980s when we had eco- in the widget business, when the econ- to that for quite a while; lay people off nomic devastation that would make omy gets hit, the Government gets hit. until we can get rid of all of the excess these kinds of numbers look like para- Tax revenues go down as business ac- widgets we have. dise. tivities go down. So you go into the downside of the I remember being taught in school As these numbers remain strongly business cycle. You go into a recession. that 6 percent unemployment was full blue and go strongly blue into the fu- And as you stop manufacturing widg- employment, that the economy could ture, the tax revenues will come back. ets, you stop ordering raw materials not absorb any more than 94 percent of They will come back by virtue of the from all your suppliers, and they stop the available workers and when you strength of the economy. ordering goods and services from the got to 6 percent unemployment, you The fundamental rule I want every- people who supply them. And those were at full employment. In the 1990s, one to understand is this: Money does people get laid off, and the Government we got down in some parts of the coun- not come from the budget. doesn’t get any taxes because none of try to 2 and 3 percent unemployment. Money comes from the economy. We those employees is taking home a pay- There were times in my State where can pass any kind of budget we want. check. Indeed, they are now drawing employers could not hang on to work- We can make any kind of projections unemployment compensation so the ers because there were so many jobs. we want. But we will be humbled by Government is seeing more money go They said: Our biggest problem is try- the realities of the marketplace every out at the very time less money is ing to get labor. single time. Sometimes the market- coming in, and the Government starts Interestingly, at the height of the place will produce more revenue than to run deficits. We are in a recession latest recession, at the time of greatest we budgeted for. That is what happened and everybody gets concerned. Gloom difficulty in the job market, there was in the 1990s. We budgeted, hopefully, to and doom overhang the economy. wringing of hands, weeping and wailing get to a balance by 2002, and the econ- Then one day the same person who and gnashing of teeth because we hit 6 omy surprised us and took us not only walked into your office and said, do percent unemployment. The unemploy- to balance, but surplus, in 1999. We you know how many widgets we have ment rate has started to go down now were then budgeting surpluses for as in the storeroom, walks into your of- from 6 percent, after hitting that peak. long as the eye could see. The economy fice and says: Do you know how bare So in historic terms, this is a mild said: No, you are forgetting the busi- the storeroom is? We have sold all of recession, but what comfort is that to ness cycle. That, plus the attack of the those widgets. We have sold all the people who have lost their jobs and, terrorists, threw us into this situation, widgets that were in the back lot. We more importantly, to the issue I start- and Government revenues went down, have sold all the widgets that were in ed out to discuss: How about the sur- regardless of what we budgeted. the warehouse. We don’t have any plus and what has happened to the sur- Let us understand, when we talk widgets. There is still a demand for plus and who lost the surplus? about what happened to the surplus, them out there. You better gear up the You can anticipate my answer to that it was not the passage of the tax factory. that. The surplus was lost to the busi- cut that caused the surplus to dis- So you get on the phone and you call ness cycle. I said there were several appear, it was not really much of any- your workers back and you say: We things that cause a business cycle. I thing we did here on the floor—except have to gear up the factory. have given you the one that happens as we reacted to the two realities that Once again, you should have done it within the business cycle itself. hit us unexpectedly. The business cycle earlier, but you made a mistake. You The other is that outside things come came along and said I have not been re- had bad information. In the 1950s, in along. The oil shock that hit us in the pealed, and the economy slowed down, S9566 CONGRESSIONAL RECORD — SENATE September 30, 2002 and then outside shocks hit us in the Mr. THOMPSON. Madam President, I usually come together because it bene- form of a terrorist attack that dev- thank my friend from Nevada. I concur fits those of us who are spending the astated large segments of the economy in his analysis. There will be no unani- money, benefits our constituents, and that have still not recovered. mous consent request or additional we get some short-term benefit from Those of us who are so sure that we amendments brought up, or anything that all the way around. We sometimes control this economy, and what it does of that nature. I also agree with him pay long-term consequences for it, but by virtue of what we pass here, need to that we should have our colleagues spending money seems to be an easy have a little more humility and a little down here discussing this bill, if they thing to do. more understanding and realize once desire to do so. I encourage anyone who Here, we are actually stepping on again that the most important thing may be listening, if they have com- some people’s toes and we are acknowl- the Government can do in order to ments on this bill, come to the floor. edging some dysfunctional aspects of maximize Government revenues is to There will be plenty of time this after- our Government and we are saying, create an economic climate in which noon for us to continue to engage in let’s change that. But there are a lot of market forces can produce the greatest this discussion. It is a very important vested interests out there who don’t beneficial result. But even at those discussion. want to change. They want the status times, when the atmosphere is most I think with regard to the several quo. In the abstract, they want the conducive, the business cycle is still points of disagreement that we have, same end result we do—we want a bet- with us and will humble us if we keep we should keep in mind the points of ter system—but they don’t want to thinking that, like Lucy Van Pelt, we agreement we do have. I think, for ex- change things in order to achieve a bet- can go through life with nothing but ample, all concerned agree that we ter system. ups, ups, and ups, and never face the need to bring many of these agencies We have been looking, listening, reality of the occasional down. that have to do with homeland security watching, and absorbing for many I appreciate the indulgence of my fel- under one umbrella and that we must years in this Congress and in this Sen- low Senators. I will have more to say do it in a much better and more effi- ate the various negative aspects of on this at another time when we have cient way than we have carried out the many of the agencies of our Govern- a sufficient amount of morning busi- operations of Government in many ment and how they are not working, ness. I recognize the time has come to other respects. So let’s build on that. how they are not doing what they are return to the debate of the bill on the I hope we can build on that and ad- supposed to be doing, how they are rife floor. dress the points of disagreement and with waste, fraud, and abuse, and bil- I yield the floor. see if we cannot come together. I am lions of dollars are being sent out for still hopeful that in the waning days in f things—like people who are deceased, which we have to address this issue, we for example. We find that we cannot in- CONCLUSION OF MORNING will be able to come together and agree corporate high-tech information sys- BUSINESS on not only the principle I just enun- tems that have been incorporated in The PRESIDING OFFICER (Mrs. LIN- ciated with regard to the merger, but the private sector for years and years, COLN). Under the previous order, morn- also with regard to issues concerning to good effect. We cannot seem to bring ing business is closed. the President’s proper authority and that into the Government. The IRS has appropriate flexibility that is going to f wasted billions and billions of dollars be needed to manage this gargantuan trying to get their computers to talk HOMELAND SECURITY ACT OF 2002 enterprise we are setting out on. It is to each other. They are making real The PRESIDING OFFICER. Under really a major endeavor. Nothing has progress now, but for a long time they the previous order, the hour of 2 p.m. been done like this in several decades did not. And there are human resources having arrived, the Senate will now re- in this country, and we are going to problems, human capital problems. need all hands on deck, all the tools, sume consideration of H.R. 5005, which We are losing people we ought to be all the resources, and all of the atten- the clerk will report. keeping in Government, and too often tion that we can bring to bear on this The assistant legislative clerk read keeping the people we ought to be los- problem in order to make this country as follows: ing because of old rules and regulations safer. A bill (H.R. 5005) to establish the Depart- that were set up decades ago. We have I think most of us realize now that ment of Homeland Security, and for other seen all of this happen, all of this we will probably never again be able to purposes. evolve as Government got bigger and believe we are totally safe and that we Pending: bigger and more complex, with levels can cover every border and every bolt Lieberman amendment No. 4471, in the na- and upper levels—every Deputy Assist- and every automobile and every air- ture of a substitute. ant Secretary has an assistant to the plane, all to the extent that we will Gramm/Miller amendment No. 4738 (to Deputy Assistant Secretary, and they have a failsafe situation and that we amendment No. 4471), of a perfecting nature, have two, three, and four, and it keeps to prevent terrorist attacks within the will not need to constantly keep our growing. It makes us less efficient and United States. guard up. Nelson (NE) amendment No. 4740 (to There is a lot we can do. A lot has al- less responsive to the people we are amendment No. 4738), to modify certain per- ready been done. The President has supposed to be serving. sonnel provisions. taken charge and Tom Ridge in the Of- Now, we understand it is not just The PRESIDING OFFICER. The Sen- fice of Homeland Security has taken money and inefficiency and lack of ator from Nevada is recognized. charge. They have issued Executive or- service we have to be concerned about. Mr. REID. Madam President, I have ders that have addressed many of the We have to be concerned about our spoken with Senator THOMPSON and he burning issues that we face. I think our very safety—the No. 1 job of Govern- has indicated that he has a statement border situation is already better. Our ment, self-protection. to make. There may be others on his transportation situation is better. But Yet there are those who want to in- side wishing to make statements on there is an awful lot to be done before corporate that system, this bureau- the bill. He indicated that there will be we get to the point where we can say cratic mess that has evolved into the no unanimous consent requests related that we have done all that we can do. new Homeland Security Department to this bill. It is a very difficult proposition. I because they do not want to make any The leaders have announced there said last week that one of the things changes. will be no votes today. My friend from that impresses me most about this Unfortunately, a part of what has to Tennessee, I am sure, is aware of that. body, about the Government in gen- be addressed. Governmentwide is our I look forward to his statement and eral, is how difficult it is to make any civil service system. No one wants to whoever else wants to speak on this really substantive change to anything. deal with that because it is politically most important legislation. If there is any difficulty connected difficult, politically volatile, and you The PRESIDING OFFICER. The Sen- with it at all, if it comes to spending are going to be stepping on some peo- ator from Tennessee is recognized. money, or something like that, we can ple’s toes. Yet there is unanimity September 30, 2002 CONGRESSIONAL RECORD — SENATE S9567 among Democratic and Republican ex- together so we can keep up with the to recruit qualified individuals from all perts who have looked at this problem bad guys will not be what it should be segments of society; select in advance and have experienced this problem. because we have seen it has not worked employees on the basis of merit after In the homeland security bill, we are in any other aspect of Government. fair and open competition. We keep trying to solve a Governmentwide What makes us think that just by that, of course. I am talking about problem. It is much too big. It is much creating this new Department under treating employees and applicants fair- too politically difficult. There are too the same old rules it will work any bet- ly and equitably without regard to po- many entrenched interests to success- ter in this new Department of Govern- litical affiliation, race, color, religion, fully address that situation. We are ment? If anything, there will be new national origin, sex, marital status, trying to say, with regard to homeland problems that will be created from this age, or handicapping conditions; we security, with the issue most impor- new Department of Government be- keep those principles. tant to our country: Let’s have a little cause we are talking about bringing to- Provide equal pay for equal work and flexibility in these civil service rules gether over 170,000 Federal employees. reward excellent performance—of that we have not had in times past. It will require the coordination of 17 course, we keep those principles; main- When President Carter asked for civil different unions, 77 existing collective tain the high standards of integrity, service reforms in the spring of 1978, he bargaining agreements, 7 different pay- conduct, concern, public interest, we said the system ‘‘had become a bureau- roll systems, 80 different personnel keep that; manage the employees effi- cratic maze which neglects merit, tol- management systems—80—an over- ciently and effectively, we keep that. erates poor performance, permits abuse whelming task by any stretch of the The requirement that we retain and of legitimate employee rights, and imagination. separate employees on the basis of mires every personnel action in red- Again, with this more complex, more their performance and their perform- tape, delay, and confusion.’’ difficult, and more-important-than- ance alone, we keep that. Educate and That was President Carter. Accord- ever task that we have on our plate train employees when it will result in ingly, Congress delivered the requested now, do we really want to bring the old individual performance, we keep that; reforms in the Civil Service Reform way of doing business into our Govern- protect employees from improper polit- Act of 1978. But a lot has happened ment that has produced these bad re- ical influence, we keep that; protect since 1978 to prove that we still have a sults? The answer is no. employees against reprisal for lawful long ways to go. We have to do business a little dif- disclosure of information in whistle- The Brookings Institution report of ferently. We have to give the President blower situations, that is, protect peo- 2002 quoted earlier now says: authority that other Presidents have ple who report things such as illegal or The civil service personnel system had—not take away his authority as wasteful activities, we most certainly underwhelms at virtually every task it is the opposition to this bill would do, or keep that. We want that. We value that asked to do. It is slow at hiring, intermi- diminish his authority, or set up new as much as anyone. nable at firing, permissive at promoting, requirements for the President to All of those merit system principles useless at disciplining, and penurious at re- prove. It means that we have to give we retain. We do nothing with regard warding. the people who are going to be running to keeping those. Those are principles That is the Brookings Institution’s this new Department some flexibility on which we all agree, and those who analysis of our civil service system. with regard to hiring, firing, pro- imply we are somehow, in the name of This is not news to anybody. Presi- moting, rewarding, holding employees national security, eviscerating the dent Carter knew about it, spoke on it, accountable—all those issues we should rights of employees, is simply not true. and the Brookings Institution and oth- have done Governmentwide years ago We can maintain the rights of em- ployees but we are not wedded to 50- ers have spoken about it. We heard tes- and we do not have the political will to year-old operating principles. We can timony in the Governmental Affairs do. Committee over the years about this At long last, with regard to the De- make some changes that make some issue. Something has to be done about partment of Homeland Security, at sense in the light of current cir- cumstances. it, and everybody wrings their hands least we ought to acknowledge that we Well, they ask, what about prohib- and acknowledges it is not right that it have to look at these issues differently. ited personnel practices? In title V of takes 5 or 6 months to hire somebody. We have done so with regard to several the United States Code, as we all know, It is not right that it takes 18 months Departments. That is the irony. When there are several prohibited personnel to fire a poor performer. But that is the Transportation Security Adminis- practices in which the managers of the way it is, and that is the way we tration came to us and said, We need a these agencies and the heads of these have been doing business. We rock little additional flexibility in hiring, Departments cannot engage. They say along tolerating that kind of a system firing, promoting, rewarding, and dis- employees who have the authority to because it is only Government and we ciplining, we gave it to them. When the take, direct others to take or approve really do not expect much out of Gov- GAO came to us and asked for the same personnel actions shall not discrimi- ernment anyway, do we? flexibility, we gave it to them. When nate on the basis of race, color, reli- Now we are in a different world, and the IRS came to us and asked for the gion, national origin, age, handicap we understand that what is at stake is same flexibility, we gave it to them. condition, marital status, and political not just aggravation or waiting in a When the FAA came to us and asked affiliation. We retain that prohibition, longer line or putting some civil serv- the same flexibility, we gave it to for sure. May not solicit or consider ice employees out who are trying to them. When the President comes today employment recommendations based get a job or trying to get promotion in- and asks for the same flexibility, we on factors other than personal knowl- side a system that only let’s them say no. At a time when it is needed the edge or jobs or related activities or move lockstep or waste a few billion most and is being asked for by the per- characteristics, we keep that; may not dollars—it is not just that anymore. It son who needs it the most on behalf of coerce an employee’s political activity, is our very safety and survival as a na- his new Department, we say no. I think we keep that; shall not deceive or will- tion because, if we adopt this kind of it defies logic. fully obstruct a person’s right to com- system into the Department of Home- It is not as if we are taking a step pete for employment; shall not influ- land Security, we will get the same re- back from merit system principles or ence any person to withdraw from com- sults as other agencies. that we want to engage in prohibited petition for any position or improve or We will see not only waste, fraud, personnel practices and we are going to injure the employment prospects of abuse, and mismanagement, overlap abrogate civil service for Federal em- any other person; shall not give unau- and duplication, but we will see the ployees. That is not it at all. thorized preference or advantage to border not protected the way it should The President has made it clear that any person or improve or injure the be, airline safety not being what it the merit system principles that have employment prospects of any par- should be, cargoes will not be examined been there for years will still be there. ticular employee or applicant; shall the way they should be, the informa- I am talking about principles such as not engage in nepotism; shall not re- tion technology we need to tie all this veterans’ preference; the requirement taliate against a whistleblower; shall S9568 CONGRESSIONAL RECORD — SENATE September 30, 2002 not retaliate against employees or ap- war, can’t we bring a little common other employees see that. They are plicants who exercise their appeal sense with regard to the Department of making the same pay sometimes that rights; shall not discriminate based on Homeland Security when there are the good employees are making, and personal conduct which is not adverse such high stakes? Surely, we can. That that is not right. to on-the-job performance; shall not is what the issues before us today on We do not need to put up with a situ- violate any law, rule, or regulation this homeland security have to do ation such as that in our Government. which implements or directly concerns with. They are in regard to maintain- (Disturbance in the galleries.) the merit principles; shall not know- ing a rigorous status quo regime or giv- The PRESIDING OFFICER. The Ser- ingly take or fail to take a personnel ing the people in this new Depart- geant at Arms will restore order to the action if that action or failure to act ment—we will have this Department Senate proceedings. would violate a statutory or regulatory for the rest of our lives and probably The Senator will continue. veterans preference requirement. for generations to come. There will be Mr. THOMPSON. Madam President, All of those prohibitions stay. We re- Democrat Presidents and Republican chapter 43 goes beyond the intent of tain every one of them. They are prin- Presidents. There will be Democrat and merit principles which provides em- ciples on which we all agree, and they Republican Secretaries of the Depart- ployees who cannot or will not improve are meaningful. They are protections ment of Homeland Security. This is not their performance to meet required that employees should have. They are a partisan Democratic or Republican standards should be separated. As a re- protections we insist these employees issue; it is a commonsense issue. sult, managers must give employees retain. Doesn’t the new Secretary need to be multiple opportunities to demonstrate Again, does that mean one cannot able to break through some of these old their ability to perform the essential make any changes from a system that rules and procedures that have gotten aspects of their position at an accept- was created 50 years ago, in light of us down into waste, fraud, abuse, inef- able level. Such a requirement under- current circumstances? It does not. ficiency, overlap, duplication, and in- mines the managers’ willingness and When you find somebody not doing ability to function and have at least a ability to discipline poor performance their job, does that mean it should shot at managing people under the 21st and results in poor-performing employ- take years to do anything about it? century rules in which we live, instead ees remaining on the job for many Does that mean it should take months of rules of another time and another months and sometimes years. in order to hire someone because of rig- era? I think so. That is what this is all Section 4302(b)6 authorizes agencies orous steps and certain pools from about. That is all we are asking. to remove employees whose perform- which you have to draw and all of that I mentioned the various aspects with ance is unacceptable, but only after kind of foolishness at a time when we which the manager of this new Depart- giving that employee an opportunity to are really in need of people with tech- ment—whoever that unfortunate soul improve performance. It defines unac- nology capability that we have not turns out to be—will need some tools ceptable performance as failure in any necessarily needed in times past? Of with which to manage. A good em- single element of an employee’s stand- course not. ployee will welcome that with open ards. Another section requires any Does it mean we should not have a arms. In fact, I think all of this would such opportunity to improve must be system whereby good performers can be welcome by employees, the over- provided within one year preceding the jump ahead and get paid more and not whelming majority of whom are doing removal of the employee. have to go in a one-step process all the their job on a day-to-day basis. They The combined impact of these provi- way up where people who are doing are the unsung heroes throughout our sions is poor performers are entitled to their job, people who are doing an ex- Government. If those folks are offered fail at each different element of their cellent job, people who are doing a me- an opportunity to say, look, we are performance once each year without diocre job, and people who are doing a going to make it easier for you to get being subject to removal. If they are terrible job are all lockstep, just same hired, you are not going to have to be deficient in more than one, they have a old thing? flailing around for 5 months and going year to see if they can improve on that, That system was created 50 years through all these various steps, we are and if they prove to be deficient on an- ago, with 15 different pay grades, 10 going to try to pay you more, once you other, they have another year on that. steps within each pay grade, when peo- get in and you do a good job, we are So the worse performing you are, the ple would go in as a young person and going to make it so you are rewarded more time you have before anything lockstep their way all the way up commensurate with that, if you do not can be done. What manager is going to through the process and retire after 20 like what is happening and you file an spend his time going through that? years. That is not the world we live in appeal, or your union does on behalf of An OPM study conducted in the last anymore. Young people can do a lot you, you are going to have, let’s say, administration estimated 3.7 percent of better than that. We need to be able to two steps instead of four in the appel- Federal civilian employees were poor pay them more. We need to be able to late process, I think most employees performers. When applied to the total reward them more. We need for them would overwhelmingly embrace that Federal workforce, that percentage to be able to jump grades, for example. tradeoff. works out to be 64,340 employees. Under less than very exceptional cir- Ninety-nine percent of the employees Last year, 434 individuals were re- cumstances, it ought to be the rule for are not afraid of bringing a little com- moved for poor performance, so only .67 extraordinary performance. mon sense to the appeals process or the percent remained removed from service By the same token, there needs to be ability to respond to poor performance. last year. In other words, of 1,000 Fed- accountability. These are not incon- If one looks at surveys, they will eral employees who did not do their sistent with the merit principles I have quickly see the overwhelming number job, 7 of them were let go. Let’s hope enunciated. There is just a little bit of of good Government employees realize that of that 1,000, they are not check- common sense. It does not mean we there are some poor performers, and ing the bags or checking the cargos or have to have collective bargaining nothing can be done with them. They checking the borders when you or I are agreements that go on for months and have to be transferred from Depart- there and our safety and our loved sometimes years over such issues as ment to Department. The political ap- ones’ safety is at stake. Perhaps we can whether or not the annual picnic was pointees are in there for a short period afford that in some departments, but rightfully called off. of time. They are not going to spend all not in the Department of Homeland Se- There is a case at an Army base in of their time bogged down in adminis- curity. That is all we are talking St. Louis which lasted 6 years over trative hearings and worried about try- about. that momentous issue. ing to get rid of somebody who has The overwhelming number of good The administrative process is rife been there—you know the old saying, Federal employees and Federal per- with cases such as disputes over wheth- we will be there when you come and we formers see this and know who they er or not the smoking area should be will be there when you go, and it is are and know they are probably going lit. Sometimes it takes years in order true. They are and they will be there. to be making the same thing, and there to resolve issues that way. At a time of They transfer them around and these is nothing that can be done about it. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9569 What does that do to morale? What will have to start showing your results. We mentioned Medicare waste, fraud, does that do to workforce morale? We will have to start measuring your and abuse. Medicare wastes almost $12 In 1993, a police sergeant with the De- results. billion every year on improper pay- partment of the Treasury was fired for We have spent years now and we are ments. It misspent that $12 billion last providing false statements during an still in the middle of trying to make year from the fee-for-service part of investigation. This action was not fi- that work, and the reports we are get- Medicare alone, which was about 7 per- nally sustained until 5 years later ting in many cases from the RESULTS cent of the total fee-for-service budget. when it was finally decided by the Su- Act show they were producing the The amounts wasted on improper Medi- preme Court of the United States. Dur- right kind of results, but they are in- care payments would go a long way to- ing the intervening 5 years, there was a comprehensible themselves. So we are ward funding a prescription drug ben- hearing before the MSPB, the adminis- having trouble getting through some of efit or other program enhancement. trative judge, a decision by the MSPB, the reports in order to decide whether We mentioned security violations at an appeal to the Federal court, and a we are getting any results. the Department of Energy. The Depart- discussion by the U.S. Supreme Court. Is Congress just laying on another re- ment of Energy does not adequately This was all regarding a police ser- quirement that will be unfulfilled? It is safeguard America’s nuclear secrets. In geant who lied during the investiga- a very discouraging, long-term problem just one case, a party was dead for 11 tion. that has been developing for many months before Departmental officials An employee of the Civil Service Ad- years in our Government. It is getting noticed that he still had four secret ministration removed for falsification worse and not better. My own view is documents signed out. of travel voucher claims contends the that until we attach the appropriations We talked about the IRS fiscal mis- action was unjustified. Under chapter process to these problem areas, we will management. The IRS manages its fi- 707, that employee would be entitled to probably never make any progress. nances worse than most Americans. seek investigation and review by the In other words, if these agencies keep The agency does not even know how Office of Special Counsel, an average of coming up with bad performances, not much it collects in Social Security and 4 months; hearing and decision by the only should people be held accountable, Medicare taxes. GAO found significant regional Office of the Merit System the agencies should be held account- delays, sometimes up to 12 years, in re- Protection Board, average 4 months; able, and it should be reflected in their cording payments made by taxpayers. review by the headquarters of the funding for the next year. How can you We mentioned the Veterans Affairs Merit Systems Protection Board, 4 justify continuing to fund failure year and how they put patients’ health at months; review by the Equal Oppor- after year after year? That would not risk. The Department of Veterans Af- tunity Commission, 36 months esti- happen in any other aspect of Amer- fairs IG found that the hospital food mated; and review at all 3 levels of the ican society except the Government. services shares the loading dock with Federal court system—district court, Yet what happens if they get bad the environmental management serv- appeals court and Supreme Court—6 enough? Usually, we give them more ices hazardous waste containers. Dirty months to several years. money. environmental management services That is the situation. That is the It is not that it would be a good idea and red biohazard carts were located backdrop. That is what we tried to to deprive people of their administra- next to the area where food is trans- summarize in this little booklet we put tive rights. It is just a question of how ported to the kitchen. many levels and how many avenues out. We mentioned the student financial We mentioned some of the examples and how many claims and how long aid program bilking taxpayers in that that the new administration was going should all this take with regard to the program. Federal student aid programs to have to deal with in term of Govern- Department of Homeland Security. are rife with fraud and abuse. A cot- ment management or mismanagement. Are we doing the best we can do? We mentioned the big dig, Boston tage industry of criminals advises peo- Clearly, we are not. It is showing up Central Artery, the most expensive ple on how to cheat to get Federal Gov- Governmentwide. It has to do with Federal infrastructure project in the ernment loans and grants. In one case, much more than just the rather narrow Nation’s history. Its cost continues to scam artists passed off senior citizens issues we have been talking about in rise and is now estimated at $13.6 bil- taking crafts classes as college stu- terms of the homeland security. In lion, an almost 525-percent increase dents who qualified for Federal Pell June of last year, before September 11, from the original $2.6 billion in cost. grants. we put out a document called Govern- We mentioned abusing the trust of Then we mentioned unemployment ment at the Brink. This was a docu- the American Indians. The Department insurance fraud. A Las Vegas, NV, man ment I put out as chairman of the Gov- of the Interior does not know what illegally collected at least $230,000 in ernmental Affairs Committee. It was happened to more than $3 billion it fraudulent unemployment insurance subtitled Urgent Federal Government holds in trust for American Indians. A benefits from four different States be- Management Problems Facing the judge overseeing this case called it fis- tween September of 1996 and November Bush Administration. This was as the cal and governmental irresponsibility of 1999. He set up 13 fake companies and Bush administration was coming in. in its purest form. submitted bogus claims based on false- We were trying to inform the new ad- We mentioned the Department of De- ly reported wages for 36 nonexistent ministration of the situation they were fense financial management. There is claimants using names and Social Se- going to be confronted with, as other widespread agreement that the Depart- curity numbers of dead people, then presidents have been informed. We ment of Defense finances are a sham- collected claims by mail from Cali- tried to summarize the problems the bles. I hope they are better than when fornia, Massachusetts, Texas, and Ne- Federal Government was having. This this report was written. It wastes bil- vada. was not an attempt just to bash the lions of dollars each year, and it can- These are just 10 examples of things Federal Government. It was an at- not account for much of what it we pointed out last year that were tempt to try to make it work better. spends. going on in our Government. For the We would have hearing after hearing We mentioned NASA, NASA mis- most part, from the Government’s after hearing. We would bring the GAO management; the fact that it causes standpoint, not counting the people in. They would give us every year the mission failures. In spectacular exam- who are out there always willing to high-risk list of agencies that were ple after example, NASA lost billions take advantage of the Government, most subject to waste, fraud, abuse and because of mismanagement at some of stealing from the Government, but for mismanagement, overlap and duplica- its biggest programs. The cause of the the most part this was not deliberate tion. The same agencies every year. No Mars Polar Lander failure, for exam- activity on behalf of people who work one ever got off of it. New ones kept ple, was that one team used English for the Government. These were just coming on to it. We passed the RE- measurements—feet, inches, pounds— things that we let happen. SULTS Act, which said every year: to design and program the vehicle A lot of it had to do with our lack of Now, you have not done very well at while another used metric measure- managing these Departments, the turn- all. Some of you have done awful. You ments. over that we had, the inability to keep S9570 CONGRESSIONAL RECORD — SENATE September 30, 2002 good people in developing these infor- flexibility is needed more with regard thority for employment; chapter 33, ex- mation technology programs. That is to homeland security than any of these amination and placement; chapter 34, part of the IRS problem. Who wants to other agencies. part-time career employment opportu- spend their time doing that, at that So we are not just comparing apples nities; chapter 35, retention preference, kind of pay? So we gave them flexi- to oranges. We are comparing peanuts restoration and reemployment; chapter bility. They are using it, and they are to elephants. We give these agencies 41, training; chapter 45, incentive making some progress now. But this is this additional flexibility to manage awards; and chapter 47, personnel re- the tip of the iceberg, and nobody pays with these relatively contained prob- search programs and demonstration any attention to it. We just kind of lems they have. But when we magnify projects. shake our heads, there is a newspaper the potential problems we know are Again, I am just about halfway story that comes out, and we go on and going to come about with regard to the through here. But these are areas in waste billions of dollars every year in Department of Homeland Security, we which the administration says OK, we the most egregious circumstances. don’t want to give that to the new Sec- are not asking for any changes or for Again, I ask: Now we have been at- retary. I think we must if we want it to the ability to change anything in these tacked. We have lost almost 3,000 peo- work, and if we want it to work dif- areas. ple in one attack. We are going to ferently, and we don’t want to incor- Chapter 55, pay administration; chap- bring some of these agencies together. porate and adopt and inherit so many ter 57, travel, transportation and sub- If we just bring some of these agencies of the problems we have seen through- sistence; chapter 59, allowances; chap- together, what have we accomplished out Government—some of them relat- ter 61, hours of work; chapter 63, leave; except a bigger mess? We must do so, ing to safety, some of them not—and chapter 72, antidiscrimination and but we must do so with some ability to expect we can keep doing the same old right to petition Congress; chapter 73, reward, punish, promote, demote, and things the same old way after switch- suitability, security and conduct; chap- get the right people in, raise some sala- ing the boxes around and expect dif- ter 79, services to employees; chapter ries, give some incentives, have some ferent results. 81, compensation for work injuries; esprit de corps in some of these Depart- What do all these billions of dollars chapter 83, retirement; chapter 84, Fed- ments, and be able to get rid of a poor of waste, inefficiency, lost items, and eral Employee Retirement System; performer with something less than 6 inability to balance the books that the chapter 85, unemployment compensa- years in a case before the Supreme Government cannot do—in small part tion; chapter 87, life insurance; chapter Court of the United States. or as a whole cannot balance its own 89, health insurance; chapter 90, long- I mentioned earlier we have already books—translate over into when you term care insurance; and chapter 91, given this kind of ability to manage to are talking about safety issues? I hope access to criminal history records for several of our Departments: The FAA, we don’t have to find out. national security. GAO, GSA, IRS, several of our agen- We are suggesting the new Secretary There are close to 30 areas here in cies. Yet when it comes to the most have some of the same things these de- title V where no flexibility is being sensitive area of all, homeland secu- partments have—that we have already asked for at all. rity, we are not willing to give the new given flexibilities to have—in consulta- There are six areas where flexibility Secretary that kind of flexibility and tion with the Office of Personnel Man- is being asked for: Chapter 43, perform- that kind of ability. agement. This is a department headed ance appraisal; chapter 51, classifica- tion; chapter 53, pay rates; chapter 71, Someone might ask us: What about by a Senate-confirmed person who is an labor-management relations; chapter just giving the new Secretary for the expert in personnel rules, title V, and 75, adverse actions; and chapter 77, ap- Department of Homeland Security the what the Government can and cannot kind of flexibility with regard to its peals. do—the prohibitions I just read earlier, With regard to those six areas, the employees that Members of Congress the principles I read earlier that we House says OK, we will give the new have? What about the same kind of must adhere to—in consultation with Secretary some flexibility in those flexibility to hire, fire, promote, set that person to come up with some areas. salaries that Members of Congress rules. The Gramm-Miller amendment have? I should point out there is nothing in adopts those six areas. I can assure anyone listening that the Gramm-Miller substitute that The ‘‘compromise,’’ so-called, before Members of Congress have much more mandates any changes. It is simply a us—the Nelson-Chafee-Breaux amend- flexibility than what is being proposed law that allows those whose job it is ment—would say we will give you four for this new Department. But more on and whose responsibility it is to make of those six areas. In other words, you point, in keeping within the executive this a safer country to make those have to add two more to the 30 or so branch of Government, what about the changes, and then come before Con- you don’t touch—labor-management flexibilities we have given these other gress for appropriations and over- and appeals. The new Secretary can do Departments? sight—and all of the attention and nothing with regard to the entire area With regard to the IRS, there was a sometimes aggravation and all of of labor-management or appeals. provision in there that basically said that—it will get as it justifies the Unfortunately, labor-management you must negotiate with the union, and changes it has made. and appeals has to do with the frame- if you do not, you must go to an im- The House of Representatives recog- work system by which you resolve dis- passes panel. That is what our friends, nized this need and necessity in passing putes. If you control that process, you who would deny the Secretary this their homeland security bill. There control everything else. Everything flexibility, suggest we should adopt for were basically six areas where this bill else has to go through it. So this is our the Secretary. So one agency, and one gives the new Secretary some flexi- difficulty. agency alone, is all I can tell. We re- bility. When the Breaux-Chafee-Nelson quired them, when we gave them their There are many areas where no flexi- amendment says we may not give the flexibility—we required them to go bility is sought at all. In fact, with re- Secretary the authority to make any through the administrative process gard to most of the personnel areas and changes to labor-management rela- that would wind up with some panel flexibilities that are dealt with in title tions or to appeals, it is simply a step making the ultimate decision as to V, only a small percentage of them are too far or a step not far enough. whether or not their actions were justi- being requested by the administration The President has said without this fied. We didn’t do that with regard to as being ones they need some flexi- authority, the new Secretary would the FAA, we didn’t do it with regard to bility in. come in with his hands tied behind his the GAO, we didn’t do it with regard to Let us talk about what is not being back; he could not do all of the momen- the Transportation Security Agency. I suggested that there be any flexibility tous things that are going to have to be submit that what we are about now, in by the administration. done in terms of organizing and con- with 170,000 employees and 77 collective Chapter 21, general provisions; chap- solidating all these personnel systems bargaining agreements and 80 different ter 23, merit system principles; chapter without some flexibility in those areas personnel management systems—that 29, commission reports; chapter 41, au- as well. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9571 The Nelson-Chafee-Breaux amend- I guess most of us know by now that No. 2, the President has to also deter- ment also says—we were talking about Customs has been sued because they mine that the new people who are com- six—we will give you four. But with re- put out a directive, pursuant to the ing into the Department with regard to gard to those four, you have to enter President’s direction, with regard to whom he is exercising this authority into negotiating agreements with the the color-coded warning system we have had their jobs changed. In other union. If the union refuses to enter have now: red, yellow, orange, what- words, additional requirements are into a negotiated agreement with you, ever. So Customs was implementing being made upon the President to you have to go to the Federal Services that, and the labor union sued them be- make additional determinations which Impasses Panel. cause they said they should have nego- could be challenged in court. I don’t think it is as much a fact that tiated that color system before it was The President will have a presump- we think the Federal Services Impasses put out. tion in his favor, for sure, with regard Panel—whatever that is—is going to So these are the kinds of things to the courts, but it will be a rebuttal come up with terrible decisions; it is, about which we are talking. None of presumption and it will be a situation again, do we really need to go through them, in and of themselves, are the end where the President’s representative this kind of process with these kinds of of the world, but in case after case we has to decide to what extent, in a liti- decisions which other departments have become consumed with procedure gation situation, he wants to lay out have the flexibility to go ahead and and process. these sensitive matters. handle and take action on when we are We can have due process. We can But any way you look at it, it is not dealing with homeland security, and keep people from getting run over. I the same authority that other Presi- we are dealing with the people who are have spent most of my professional ca- dents have had. We are putting up addi- going to be in charge of homeland secu- reer trying to make sure that people tional hurdles for this President to rity? didn’t get run over. But you can do overcome, for some reason. We are One of these areas has to do with that without tying up the Government making additional requirements, addi- classifications and pay rates and sys- when it is trying to protect our bor- tional determinations for this Presi- tems. I would like to think we could ders. You can do it in less than a life- dent to make, for some reason. We are pay people better. I would like to think time. not making it easier for him to exer- we could promote people more easily. I The Congress cannot do it. We cannot cise his national security authority be- would like to think we could retain sit here and decide the details of a mas- cause of September 11, we are making good people. sive personnel system, and especially it more difficult. What if a union decides we are dis- all the different personnel systems we There was an Executive order that criminating, we are taking this group are having to bring together. That is President Kennedy signed, and it con- of people and we want to give them an administration job. They got elect- tained an exception for agencies and of- more money, and we are taking an- ed. Let them come with a system that fices engaged in national security. But other group of people and we don’t has a chance of getting the job done the exception did not even need to be want to give them any more money, and working out the detail. invoked by the President. It could be and they represent all of them? So then We will have oversight in this body. invoked by a head of an agency. we go through the Federal Services Im- But I submit, we do not have the abil- Executive Order 109–88 said: passes Panel. I cannot stand here and ity to micromanage a system such as This order shall not apply to the Federal tell you how long it would take to go that—which brings us to the Presi- Bureau of Investigation, the Central Intel- through this Federal Services Impasses dent’s national security authority. We ligence Agency, or any other agency or other have had a lot of discussion about that office, bureau, or entity within an agency Panel, but I can assure you it would be primarily performing intelligence, investiga- longer than it should. because a lot of people do not under- tive, or security functions if the head of the So basically 17 unions are rep- stand why, again, when we are creating agency determines that the provisions of resenting about one-fourth of the a new Department that is going to be this order cannot be applied in a manner workforce of these 170,000 employees. in charge of homeland security, we consistent with national security require- Only 20,000 of them are in a union. would give the President less authority ments and considerations when he deems it Forty thousand of them are rep- with regard to this new Department necessary in the national interest. And sub- resented by unions, but 20,000 of them not only than what other Presidents ject to such conditions as he may prescribe, have had but than what other Depart- the head of any agency may suspend any pro- are in a union. About 25 percent of the vision of this order with respect to any agen- workforce becomes the tail that wags ments have had and will have. So we cy, installation, or activity which is located the dog. will be taking the new Department, outside the United States. That is unnecessary. That is unwise. which needs the President’s firm hand President Kennedy’s Executive order It, again, is placing restraints on this the most, and be providing him with was based on the recommendations of a new Department that we have not less authority than other Departments distinguished six-member task force placed on other Departments with have. chaired by then-Secretary of Labor Ar- much less serious mandates than we I think that perhaps it would be good thur Goldberg. It was known as the are giving this new Department. if we considered the history of the Goldberg Commission. The statement There was one case where the union President’s authority in this regard. As from the Goldberg Commission is the objected to a number of issues relating we have been talking about now for best rationale for the national security to the deployment of the National several days on the floor, the law basi- exception we have found. The felt need Guard to help in Customs’ cally is that if a primary purpose of a for such an exemption seems to have antiterrorism responsibilities. The particular agency or subdivision has to been so widely acknowledged that no union even demanded to bargain over do with certain categories of work, extended argument was even necessary. arming the National Guardsmen. And such as intelligence, counterintel- The general point has been made by they objected to Customs employees ligence, investigative or national secu- many others, however. having any responsibility for storing rity, then the President can set aside For example, President Franklin D National Guard weapons needed to collective bargaining agreements be- Roosevelt said: fight terrorism. cause national security is at stake and All government employees should realize In another example, the union has we simply do not have the time to go that the process of collective bargaining has challenged Customs decisions to tem- through some of this rigmarole I have its distinct and insurmountable limitations porarily reassign inspectors to the been describing on the floor with re- when applied to public personnel manage- northern border as the current union gard to this limited number of areas. ment because the obligation to serve the contract allows. Despite the continued The Nelson-Chafee-Breaux amend- whole people is paramount. terrorist threat after 9/11, the union ment would amend that and say that, President Kennedy, President Roo- has insisted on a new and time-con- No. 1, the President has to prove this sevelt. In 1969, President Nixon re- suming process that would require Cus- work has to do with terrorism and not pealed the Kennedy order but recodi- toms to canvas thousands of employees the broader definition of national secu- fied and expanded the rules of proce- nationwide for volunteers. rity or he has to determine that; and, dure for labor-management relations in S9572 CONGRESSIONAL RECORD — SENATE September 30, 2002 Federal service. That order also con- es to speak on the bill. I ask unani- Justice Rehnquist, was that probable tained an exemption for agencies and mous consent we return to the home- cause is established on the totality of offices doing national security work land security bill and that there would the circumstances based on suspicion. and allowed the head of the agency to be a period for debate only, and the Had the Zacarias Moussaoui matter invoke the exception. Not the Presi- Senator be recognized for whatever pe- been integrated, there was a great deal dent, but the head of an agency could riod of time he wishes to speak, and of information available in do it. that when the Senator from Pennsyl- Moussaoui’s computer which was not The current statute then was signed vania finishes his statement, we go acquired. The Intelligence Committee by President Carter. He concurred with back into morning business under the hearings have disclosed that in the the language the House and Senate pre- previous request. past two weeks. All of these dots were sented to him. But his own bill which The PRESIDING OFFICER. Without on the screen, and even more. Had they he sent to Congress earlier in 1978 also objection, it is so ordered. been brought together, then there is a contained an exemption for the work of The Senator from Pennsylvania. possibility that 9–11 may have been national security. Mr. SPECTER. Mr. President, it is prevented. At least they would have This is a well-established need that my hope that the Senate will complete been on inquiry. all Presidents have seen fit to exercise; action on the pending homeland secu- to the extent, evidently, that extended rity legislation, that we will go to con- I believe this was a veritable blue- debate back then was hardly even nec- ference with the House of Representa- print. I believe we have a very heavy essary. I don’t know that there has tives, and that this bill will be passed, duty to see that this legislation is en- ever been extended debate on the au- signed into law by the President, be- acted and all of the intelligence agen- thority the President should have with fore we adjourn because, in my judg- cies are brought under one umbrella. I regard to setting aside collective bar- ment, the most important business the tried to do that in 1996 when I chaired gaining agreements in situations per- Congress has is to legislate is on home- the Senate Intelligence Committee. I taining to national security and these land security and to do our utmost to wanted to bring them all under the other categories until now. prevent a recurrence of 9/11. CIA. I think it is not really critical Ironically, while the opponents of the The intelligence communities have under which umbrella, but under one Gramm-Miller substitute and the advised that there will be another ter- umbrella. Now we have the chance to President’s preferred course of action rorist attack. It is not a matter of accomplish that with homeland secu- want the status quo with regard to all whether or if, but it is a matter of rity. other aspects of this bill except the or- when. I am not prepared to accept that. We have two provisions under the ganizational part, but the status quo I believe another terrorist attack can with regard to the managerial part, Labor-Management Act that are, so be prevented. I believe had all of the far, providing a controversy that has they do not want the status quo when so-called dots been put together before it comes to giving the President the held the measure from going further. It September 11, 2001, that there was a is my suggestion these two provisions authorities that Presidents have tradi- good chance that terrorist attack could tionally received. are not too far apart. The law, as set have been prevented. forth in 5 United States Code 7103 says: The President can’t accept that. He I say that because there were very has said so. I hope it is not presented to important leads which were never coa- The President may issue an order exclud- him like that because we know what lesced, analyzed, or brought together. I ing any agency or subdivision thereof from the fate of this bill would be. That refer to the FBI report out of Phoenix, coverage under this chapter [which is collec- tive bargaining] if the President determines would not be good for the country. We in July of 2000, about a man taking all know that. that (a) the agency or subdivision has a pri- flight training, had a big picture of mary function, intelligence, counterintel- I am hopeful that in these waning Osama bin Laden, very suspicious. days we will be able to, with regard to ligence, investigative, or national security That report never got to the upper work, and the provisions of this chapter can- these two issues, which opponents of echelons of the FBI. We had the CIA not be applied to that agency or subdivision Gramm-Miller say are not very signifi- tracking two members of al-Qaida in in a manner consistent with national secu- cant but which the President says are Kuala Lumpur. They turned out to be rity requirements and considerations. extremely significant, which you would hijackers, two of the pilots involved in That is the existing law which the think would cause a basis for some September 11. But the CIA never told compromise right there, but I would President does not want changed, and the FBI or never told INS, and they there has been an effort by labor to hope we would be able to address this gained admittance to the country and issue of some flexibility that we have what is called ‘‘shore up’’ those provi- were part of the suicide bombers. sions of collective bargaining by this given other departments that we must Then there is the famous, or perhaps give the new Secretary on the one hand language in the Nelson-Chafee-Breaux infamous, national security agency re- amendment: and, secondly, maintaining the Presi- port on September 10 that something dent’s traditional position with regard dire was about to happen the very next The President could not use his authority to his national security responsibilities day. It wasn’t translated until Sep- without showing that (1) the mission and re- having to do with collective bargaining tember 12. Further, the very important sponsibilities of the agency or subdivision agreements. materially change, and (2) a majority of such effort by the Minneapolis branch of the employees within such agency or subdivision I yield the floor. FBI to get a warrant under the Foreign The PRESIDING OFFICER (Mr. have as their primary duty, intelligence, Intelligence Surveillance Act for WYDEN). The Senator from Nevada. counterintelligence, or investigative work Zacarias Moussaoui, who was supposed directly related to terrorism investigation. f to have been the 20th member of the hi- MORNING BUSINESS jackers and suicide bombers, was never Now, there was a question on my mind as to whether the language of the Mr. REID. Mr. President, I ask unan- pursued properly because the FBI used the wrong standard. Nelson amendment was in addition to imous consent the Senate now proceed or in substitution for the existing lan- to a period of morning business with We know from the 13-page single- spaced letter written by Special Agent guage on collective bargaining. We had Senators allowed to speak therein for a an extensive discussion among Senator period of up to 10 minutes each and Colleen Rowley that the U.S. Attor- ney’s office in Minneapolis was apply- LIEBERMAN, Senator THOMPSON, Sen- that this time extend until 5:15 today. ator BREAUX, myself, and Senator NEL- The PRESIDING OFFICER. Without ing the wrong standard—a 75 to 80 per- cent probability—and that Agent Col- SON was on the floor. At that time, the objection, it is so ordered. drafters of the amendment said it was f leen Rowley thought it was a standard of more probable than not, which not in substitution for, but in addition HOMELAND SECURITY ACT OF would have been 51 percent. The appro- to. 2002—Continued priate legal standard, as defined by the Well, the main concern the President Mr. REID. Mr. President, the Senator Supreme Court of the United States in has expressed is he is concerned his au- from Pennsylvania is here and he wish- Gates v. Illinois, in an opinion by then thority under the provisions relating September 30, 2002 CONGRESSIONAL RECORD — SENATE S9573 to national security would be taken portant the Senate pass a bill and we and I made an extensive trip to Africa. away. But the drafters of the amend- go to conference with the House, In Africa, we visited many countries ment tell us that is not what is in- whichever provisions are included. I and noted some very material changes. tended because the language is ‘‘in ad- grant the provisions labor wants in- For example, the Government of the dition to’’ and not ‘‘in place of.’’ cluded are important to labor, and I Sudan finally wants to have good rela- If you look at the specifics of the ex- grant the provisions the President tions with the United States and is isting language about intelligence, wants included are important to the willing to make significant concessions counterintelligence, investigation, and President. But as important as all of to the rebels in the south Sudan. the language of the amendment, the those provisions are, they are not as Through the good offices of the Presi- duties, primary duty, intelligence, important as getting a bill that can be dent’s emissary, former Senator Dan- counterintelligence, or investigative conferenced with the House, which can forth, a treaty has been worked out work, they are not too far apart. I be signed by the President, so we can which has great promise if imple- think we can reach an accommodation set up this Department of Homeland mented and if enforced. there. Security and we can have, under one The Muslim-Islamic military has The other provision that has pro- umbrella, all of the intelligence agen- come down from the northern part of vided the controversy is the issue of cies. It is not that the Secretary is Sudan, invaded Christian cities, killed the President wanting flexibility, and going to tell the CIA agents around the all the men and taken the women and the provisions of the Gramm-Miller globe where to go, or the FBI agents children and sold them into slavery, a amendment have picked up the lan- where to go, or the National Security practice which is really hard to believe guage of the House bill, which would Agency what to do, or the Defense In- in the 21st century. The peace treaty give the President flexibility on these telligence Agency, but as to the anal- brokered by Senator Danforth has the six categories: Performance appraisal, ysis, they should all come under one promise of ending that. But as we classification, pay rates and systems, umbrella. That really is the critical talked to clerics in both Khartoum, labor-management relations, adverse factor. That is why I believe the con- Sudan, and in Eritrea, it will have to actions, and appeals. The amendment clusion of this bill on that issue is of be enforced by the United States. provided by Senator NELSON and Sen- greater importance than any other We saw in South Africa great ad- ator BREAUX would give the President matter in the bill and of greater impor- vances since my last trip there in 1993 four of those six. It would give the tance than any other matter which the when there was so much contention be- President, No. 1, performance ap- Congress will consider during this ses- tween the blacks and the whites on praisal; No. 2, classification; 3, pay sion. So I am prepared to vote for clo- apartheid. A government was formed in rates and systems; 4, adverse actions. ture on the Gramm-Miller amendment the 1994 elections. President Mandela But that would be subject to review by should I get the chance to offer my has become the national hero and a the Federal Services Impasses Panel, a amendment. great many of those problems are on seven-appointee panel, all of whose ap- I do not think, as the Senator from their way to resolution. Great progress pointees are the President’s. Texas said, that he is absolutely enti- has been made. It seems to me we are very close tled to a vote on his proposal without We saw in Mauritius, an island off here. I voted against cloture on the amendment. The rules of the Senate the east coast of Africa, tremendous Lieberman bill because we do not have provide that there can be amendments progress being made on trade with a in the bill, as it is presently drafted, an to the Gramm-Miller proposal, just as sweater factory yielding compensation adequate provision as to the direc- there can be amendments to the up to $300 a week, whereas in some torate to have all of the intelligence Lieberman bill, just as there can be countries in Africa they do not earn agencies under one umbrella, and an amendments to any bill. To repeat, I more than $250 a year. adequate provision giving the Sec- have not yet taken a position as to To reiterate, in accordance with my retary of Homeland Defense direction whether I will favor what labor seeks custom of reporting on my foreign to coordinate all of those agencies, to through the Nelson-Chafee-Breaux pro- travel, this is a brief summary of a trip put all those dots on one screen, to posal or what the President seeks with Senator RICHARD SHELBY, R-Ala- have the best likelihood of preventing through the Gramm-Miller proposal, bama, from August 6–22 to Rio de Ja- another 9–11. but it is of greatest importance that neiro, Brazil, South Africa, Mauritius, I ask unanimous consent that the this provision on the Directorate of In- Tanzania, Kenya, Sudan, Ethiopia, Eri- full text of the amendment I have al- telligence Analysis be adopted and ev- trea and Sicily, Italy. We explored the ready filed and have ready to propose erything be placed under one roof. emerging trade relationship with Afri- be printed at the conclusion of my There being no objection, the mate- ca during implementation of the 2000 statement today. rial was ordered to be printed in the African Growth and Opportunity Act, The PRESIDING OFFICER. Without RECORD, as follows: AGOA, and the 2002 Trade Promotion objection, it is so ordered. EXHIBIT 1 Authority, TPA, legislation. We also (See exhibit 1.) (Purpose: To give the Directorate of Intel- looked at health issues—primarily the Mr. SPECTER. Mr. President, I am ligence the authority, subject to dis- African HIV/AIDS crisis and poverty opposed to cloture of the Lieberman approval by the President, to direct the in- and famine that impact upon the U.S. telligence community to provide necessary bill until I have a chance to offer that intelligence-related information) foreign aid posture and the issue of amendment. I have also voted against In section 132(b), add at the end the fol- ‘‘trade versus aid.’’ cloture on the Gramm-Miller bill be- lowing: The delegation travel began on Tues- cause, again, although I have had dis- (14) On behalf of the Secretary, subject to day, August 6, 2002, stopping cussions with Senator GRAMM, as I disapproval by the President, directing the overnightin Rio de Janeiro, Brazil, en have had discussions with Senator agencies described under subsection (a)(1)(B) route to South Africa. Brazil’s econ- LIEBERMAN, we have not reached fru- to provide intelligence information, analyses omy outweighs that of all other South ition. I want an opportunity to include of intelligence information, and such other American countries and will be aided this language about the intelligence di- intelligence-related information as the in this respect by the new TPA and a Under Secretary for Intelligence determines $30 billion loan guarantee by the World rectorate on the Gramm-Miller amend- necessary. ment. Mr. SPECTER. Mr. President, I ask Bank. I spoke about this with U.S. While I have not taken a position, as unanimous consent that I may proceed Consul General Mark Boulware. He is I said on Thursday, on whether I will for 5 minutes as in morning business. optimistic that the TPA will help fur- ultimately support the Nelson-Chafee- The PRESIDING OFFICER. Without ther expand the economy of Brazil now Breaux amendment, which is backed by objection, it is so ordered. that the Brazilian currency, the real, is labor, or whether I will support the f no longer pegged to the U.S. dollar. De- Gramm-Miller amendment, which is spite open anti-American protests fol- the President’s preference, it is my REPORT ON TRIP TO AFRICA lowing comments by U.S. Treasury hope we can yet work out an accommo- Mr. SPECTER. Mr. President, during Secretary Paul H. O’Neill suggesting dation. But I think it is much more im- the month of August, Senator SHELBY widescale corruption in the Brazilian S9574 CONGRESSIONAL RECORD — SENATE September 30, 2002 monetary system, our delegation was sador Hume with parliamentarians From Durban the delegation traveled treated well and found the brief visit to from South Africa’s National Assembly to Mauritius to explore trade and other Brazil informative. and National Council of Provinces. issues in advance of the Presidential The delegation proceeded to Cape Progress is being made in governance visit for the AGOA Conference in Janu- Town, South Africa, where we were in- and oversight. I discussed with Johnny ary 2003. Since independence in 1968, formed by U.S. Ambassador Cameron de Lange, the Chair of the National As- Mauritius has developed from a low-in- Hume that South Africa is a middle-in- sembly’s Judicial Committee, the ex- come, agriculturally based economy to come, developing country with an tent of permissible electronic surveil- a middle-income diversified economy abundant supply of resources, well-de- lance and physical search undertaken with growing industrial, financial, and veloped financial, legal, communica- under South African law. tourist sectors. Mauritius has the high- tions, energy, and transport sectors, Our next series of meetings occurred est median income in sub-Saharan Af- and a modern infrastructure sup- in Durban, South Africa. There we met rica and an unusually high literacy porting an efficient distribution of with Consul General Liam Humphreys rate. Investment in the banking sector goods to major urban centers through- and his staff to explore, among other alone has reached over $1 billion. Em- out the region. President Thabo Mbeki things, post-September 11 security pro- ployment in Mauritius is at or above 95 has vowed to promote economic growth cedures. Durban is an important ‘‘feed- percent, according to our dinner guest and foreign investment, and to reduce er port’’ for U.S.-bound goods, and the Raouf Bundhun, the Vice President of poverty by relaxing restrictive labor crews that accompany them. As such, Mauritius. laws, stepping up the pace of privatiza- potentially lethal materials and indi- I asked the U.S. Ambassador to Mau- tion, and cutting unneeded govern- viduals traveling under false creden- ritius, the Seychelles, and the mental spending. tials may enter U.S. ports if authori- Comoros, John Price, about the need However, President Mbeki has been ties in Durban are not vigilant. It is for expanded commercial opportunities disappointing in the battle against therefore imperative that individual and enhanced security in the Indian HIV/AIDS. Despite estimates that one visas—and not blanket crew visas—be Ocean region. I heard concern about issued to individuals only after cross- in four South Africans is HIV-positive, the recent developments of official referencing U.S. Federal Bureau of In- Seychelles passports reportedly being Mbeki has refused to accept the vestigation files for potentially deroga- sold for $65,000 to those who wish to premise that HIV causes AIDS, and did tory information. It is important to move freely in the Indian Ocean region. not attend this year’s World HIV/AIDS continue our oversight of FBI informa- I also heard concern about aggressive Conference in New York City. Mbeki’s tion sharing for this purpose and to en- recruitment in the Comoros by Islamic inaction in the face of this crisis has sure the proper coordination of visa fundamentalists of young, impression- recently been criticized by former and cargo manifest procedures—par- able individuals for schooling in rad- South African President Nelson ticularly as proposals take shape for ical theology and military training Mandela. our new Department of Homeland Se- under the guise of Islamic education. The United States continues to pro- curity. I also inquired about how the new vide large sums of money and resources Durban is geographically located in TPA law and AGOA will help Mauritius to confront this growing epidemic. In the KwaZulu Natal province of South further progress economically. Ambas- this year’s supplemental appropria- Africa, the only province in which the sador Price informed us that the new tions bill, Senator RICHARD DURBIN, D- ANC is not in power. At a dinner TPA will help entrepreneurs such as Illinois, and I proposed that $700 billion hosted by Consul General Humphreys, Sunil Hassamal, who showed us the be allocated to confront AIDS in coun- Senator SHELBY and I exchanged views sweater factory that he has built from tries such as South Africa where it with two leaders of the provincial ma- the ground up and who now employs threatens large segments of the popu- jority Inkatha Freedom Party, IFP: 2500 workers. On the labor front, we lation. President Bush has proposed a Provincial Minister of Agriculture and were assured by Ambassador Price that compromised figure of $500 billion. The Environmental Affairs and delegate to despite some recent unfavorable press U.S. Centers for Disease Control, CDC, the National Council of Provinces coverage of the treatment of Chinese has assigned five employees to South Narend Singh, and Reverend Musa laborers at one problem factory, in Africa to work on the AIDS epidemic, Zondi, a member of the National As- Mauritius no child labor is being em- and the National Institutes of Health sembly and the Deputy Minister of ployed, that overtime is being paid, has recently contributed $11 million. Public Works. that working conditions are tolerable, Ambassador Hume believes that we are Minister Singh noted the tremendous and that a viable minimum wage is essentially ‘‘force feeding’’ South Afri- progress of South Africa and the being paid along with appropriate bene- ca with assistance on this issue, sug- KwaZulu Natal region when compared fits, and that a 60-hour work week is gesting that South Africa is still drag- to the rest of sub-Saharan Africa, respected—as required by AGOA. ging its feet. where land reform—or more appro- We met with Mauritian Prime Min- I questioned Ambassador Hume on priately, the lack thereof—has been an ister Sir Anerood Jugnauth and Deputy the future of race relations in South unyielding challenge. Prime Minister Paul Berenger to ex- Africa. Despite the existing divide, for I questioned Deputy Minister Zondi plore trade and security issues. Prime the time being race relations are com- about the nature of race relations in Minister Jugnauth is nearing the end paratively good, but the great concil- South Africa. Minister Zondi is opti- of his term as Prime Minister, and will iator Nelson Mandela is slowing down mistic about race relations, and noted next year pass the reins to Deputy at age 84 and the technocrat Mbeki that relations in South Africa are far Prime Minister Berenger and assume lacks his personal stature. Nonethe- better than Saudi Arabia or Egypt the ceremonial role of President of less, South Africa has come a long way where radical Islamic tensions place Mauritius. with the assistance of the United these societies on the cusp of ‘‘a full- I questioned Prime Minister States since the U.S. Senate voted to scale race war.’’ Minister Zondi also Jugnauth and Deputy Prime Minister override President Reagan’s 1986 veto noted with affection his friendship with Berenger about what the U.S. should of legislation forbidding certain U.S. the late Reverend Leon Sullivan of do if Saddam Hussein does not respond corporate investments in South Afri- Philadelphia, a spiritual leader who to demands for inspections. Prime Min- ca’s apartheid regime an important promoted employment practice stand- ister Jugnauth responded that the U.S. moment in the relationship between ards for U.S. companies doing business should not attack Iraq without clear our two countries. in South Africa. Zondi said that Rev- provocation, for this act would ‘‘lose Our delegation also conducted discus- erend Sullivan did a great deal to make the respect of the world.’’ Jugnauth sions of a classified nature with U.S. U.S. corporations more socially con- said that the U.S. must be careful that officials in South Africa and other scious. Minister Zondi visited Reverend it is the U.S., and not Saddam, who countries we visited. Sullivan in Philadelphia in 1985 and be- will be perceived as ‘‘sympathetic.’’ South Africa’s fledgling post-apart- lieves strongly in the so-called ‘‘Sul- Berenger said that we should await a heid government was the topic of dis- livan Principles,’’ the labor code pro- resolution to the Israeli-Palestinian cussion at a dinner hosted by Ambas- moted by Reverend Sullivan. crisis before addressing Iraq. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9575 I asked Minister Berenger about U.S. border. Tanzania currently has ap- point the last of the appeals should security interests in the region. He proximately 550,000 recent refugees—80 have run their course. We were able to seemed to qualify what we understood percent Burundian and 20 percent Con- observe the proceedings of the trial of to be the official Mauritian position on golese and Rwandan—and 400,000 ‘‘old Eliezer Niyitegeka, former Minister of the Chagossian island of Diego Garcia caseload’’ refugees from relocations in Information in the interim government by stating that, in return for full sov- the 1970s. of Rwanda in 1994. ereignty over all the other Chagossian Ambassador Royall is working to From Tanzania, the delegation pro- islands, Mauritius would be willing to help return these refugees as soon as ceeded to Nairobi, Kenya for additional defer the issue of Diego Garcia— possible in a fair manner. Ambassador trade and security meetings. Ambas- ‘‘agreeing to disagree’’ over its final Royall is also working closely with sador Carson led a country team brief- status while seeking to build U.S. con- USAID, the U.S. Department of the In- ing focused upon political stability fidence in the prospect of eventual terior, and local U.S. non-govern- after nearly a quarter century of rule Mauritian succession. mental organizations to assure that by current President Daniel Moi, secu- On the situation in the Mid-East, the system of national parks that sup- rity arrangements for the war on ter- Berenger favored a new arrangement ports Tanzania’s tourism industry, ac- rorism, HIV/AIDS, and related matters. within the Palestinian Authority, PA— counting for approximately 60 percent Carson’s team noted that Presidents involving the establishment of a purely of GDP, can be sustained and expanded Clinton and Bush and Secretaries of symbolic President of the PA such as in conjunction with private sector sup- State Albright and Powell have all Yasser Arafat but with all real power port. Organizations with which we met, been privately assured by Moi at var- going to a new PA Prime Minister. such as the African Wildlife Founda- ious points that he will step down after Our delegation next traveled to Tan- tion, work closely with the Tanzanian his term ends and that free elections zania, beginning our oversight of re- national park system and the U.S. gov- will be called, likely in the period De- gional and broader security and trade ernment. For example, USAID is pro- cember 1, 2002 through March 31, 2003. issues in the lesser-developed countries viding assistance to the Tanzanian Moi is now backing as his successor of sub-Saharan Africa. At a luncheon Park Service in maintaining roads and Uhuru Kenyatta, the 41 year-old son of meeting with U.S. Ambassador Robert natural habitats in two national parks Kenya’s independence leader, Jomo Royall and the Tanzania country team, to protect this segment of the Tanza- Kenyatta, and a leader in the majority we learned that Tanzania is one of the nian economy. Kenya African National Union, KANU, poorest countries in the world, with The delegation also visited the party. If he can hold the traditional $250 per capita annual income. The United Nations’ International Criminal KANU coalitions together, Kenyatta is economy is heavily dependent upon ag- Tribunal for Rwanda, ICTR, which is favored to succeed Moi. riculture, which provides 85 percent of hosted by Tanzania and located in Kenya is a strong security partner of exports, and employs 80 percent of the Arusha. At the ICTR, we were briefed the United States. For example, the workforce. The World Bank, the Inter- by Lovemore Munlo, the Deputy Reg- United States is the only country with national Monetary Fund, and bilateral istrar, and Kingsley Moghalu, who which Kenya has entered a ‘‘Military donors have reportedly been awaiting serves as Special Assistant to the Reg- Access Agreement,’’ ‘‘MAA’’ allowing meaningful Tanzanian land reform istrar. Our visit to the ICTR coincided for U.S. military assets to be deployed prior to investing more heavily in the with the arrest by Angolan authorities there. Kenya appears well positioned to country. Under the government’s so- of Augustin Bizimungu, Rwanda’s facilitate regional and other inter- cialist land policy, true private owner- former armed forces chief who had national security issues such as our ship is unlawful and investors can ac- been indicted by the ICTR for a major global war against international ter- quire merely leaseholds forfeitable at role in the 1994 Rwanda genocide. His rorism. the government’s discretion. arrest came less than a month after I also asked whether we are doing I was disappointed to hear that Tan- the U.S. offered up to $5 million under enough to combat the AIDS epidemic zania is not yet fully prepared to ex- the Justice Department’s ‘‘Rewards for in Kenya. According to Carson, the port commodities to the U.S. without Justice’’ program for tips leading to hard data shows that the rate of infec- further local economic reform and de- the arrest of eight Rwandan genocide tion among adults appears to be de- velopment. Tanzania has the potential suspects, including Bizimungu. Cur- creasing in Kenya. The CDC is engaged to follow the example of Mauritius, a rently, 21 individuals suspected of in programs in West Kenya to find new country with an 85 percent literacy genocide or complicity therein are on vaccines, to provide education and rate, 95 percent employment, and an trial in the ICTR in eight separate awareness programs, and to support 40 entrepreneurial spirit. I suggested that trials. Former Prime Minister Jean counseling/testing centers. USAID is a Tanzanian delegation visit Mauritius Kambanda of Rwanda confessed in 2000 also active in AIDS education, preven- and learn from its example. I also to war crimes and was convicted by the tion, and behavior change. The Peace noted that with the passage of TPA, ICTR. He was subsequently sentenced Corps also plays a role in Kenyan pub- Congress expects real movement in the to life imprisonment. Currently, two- lic health projects relating to HIV/ direction of ‘‘trade rather than aid’’ thirds of the top leadership of the AIDS. and I suggested to Ambassador Royall Kambanda government are on trial for We next met with Kenya’s Foreign that he should provide President Bush genocide and related war crimes. For Minister Marsden Madoka. Minister with a list of achievable goals for Tan- lower-ranking participants in the geno- Madoka said that Kenya’s cabinet had zania. cide, Rwandan courts have prosecuted yet to discuss the Kenyan reaction if We also discussed the AIDS epidemic. over 6,000 individuals—many of whom the U.S. were to move against Saddam A team of researchers from the Centers face the death penalty, which is not Hussein for regime change. While not- for Disease Control, CDC, in Atlanta, available at the ICTR. ing that the cabinet would naturally Georgia, recently completed test kit Later, I questioned U.S. Ambassador have the final say, he did say, impor- evaluation in Tanzania, and has ac- to Kenya Johnnie Carson as to whether tantly, that ‘‘chances are that Kenya quired data on which AIDS tests are the U.S. was late in responding to the would support the U.S. under these cir- the best performers in statistical pools. 1994 Rwandan genocide. While con- cumstances.’’ On the issue of HIV/ New CDC offices are also being con- ceding that we were not swift, he as- AIDS, I asked Minister Madoka how se- structed in Dar es Salaam, to assist sured me that we acted as quickly as rious the problem is and what the with the disbursement of $7 million in we could and that the genocide would United States can do to help. Minister U.S. aid, including $2 million dedicated have continued—and would have been Madoka said that Kenya has lowered to blood safety. much worse—if we had not acted when the prevalence rate from 14 percent to We also explored the economic and we did. He suggested that the French 13 percent nationwide. There is, how- political issues surrounding the tour- were in a much better position to in- ever, a long way to go in addressing ism industry and the problems with tervene to prevent the genocide. this crisis and its collateral effects. refugees flowing into Tanzania from The ICTR is expected to remain in We then traveled to Sudan. Sudan war-torn countries on its long western existence until 2008 or 2009, by which has been ravaged by civil war since 1956 S9576 CONGRESSIONAL RECORD — SENATE September 30, 2002 with intermittent breaks. The Sudan conditions would lay the groundwork telligence agencies, and the resulting country team, led by Charge de Affairs for final agreements in Machakos on a shift toward more engagement and in- Jeffrey Millington, contrasted the more permanent peace in the Sudan. tensification of dialogue with the Bush Bush policy of engaging Sudan in light A key aspect of our trip involved administration. of recent reform efforts contrasted gathering information on religious per- Foreign Minister Ismail stressed that with the Clinton Administration’s ap- secution. Persecution of religious mi- the international community, particu- proach to maintain sanctions because norities, focused particularly on Chris- of human rights violations and reli- tians in Muslim countries such as larly the United States, should be pa- gious suppression. With the Bush en- Sudan, led in 1998 to the passage of the tient with Sudan since the real begin- gagement policy, peace talks between International Religious Freedom Act of ning of movement toward democracy, the government of Sudanese President 1998, ‘‘IRFA’’, which I introduced with human rights, religious freedom and Omar el-Bashier and Sudanese Peoples Representative FRANK Wolf. The IRFA other elements of a free society only Liberation Movement, SPLM, leader established the Office of International began in 1997–1998 with the drafting of John Garange are moving forward in Religious Freedom and the U.S. Com- the new Sudanese Constitution. This in talks in Machakos, Kenya. Sudan is mission on International Religious combination with the debilitating ef- not only attempting to remedy its own Freedom with the mission of reviewing fects of the North-South war has civil strife with the Machakos negotia- and making policy recommendations caused ‘‘growing pains,’’ according to tions, but its leadership is at least on religious freedom. Minister Ismail. Minister Ismail hand- speaking in terms of engaging the We met with Reverend Ezekiel ed to Senator SHELBY a report that United States in its views toward de- Kondo, the Provincial Secretary of the provides details that Sudan has done mocracy, human rights, religious free- Province of the Episcopal Church of everything that it can to fight ter- dom, and suppressing international ter- the Sudan. Reverend Kondo raised the rorism. rorism. following issues: (1) the persecution of On the domestic side, the govern- those who convert from Islam to Chris- President Bashier stated his appre- ment of President Bashier is con- tianity, which is apparently continuing ciation for the existing cooperation be- ducting ongoing peace talks with the and is not covered by Machakos; (2) the tween the U.S. and Sudan, including SPLM, which controls much of the withholding of permits to build new the special role of our country and Sen- southern regions of the Sudan. Former churches and to license existing ator Danforth in brokering the Senator John Danforth, with whom we churches, which remains a problem Machakos talks. In stressing the need met in Nairobi on August 18 after re- with non-Muslim clerics; (3) the refusal for the ultimate unification of Sudan turning from Khartoum, accepted his to grant visas for religious leaders to following the 61⁄2 year trial period envi- role as Special Envoy to negotiate this leave the country for professional con- sioned by Machakos, President Bashier conflict on September 6, 2001, and first ferences and for religious leaders from drew an analogy between the Sudanese visited the region on November 6, 2001. abroad to visit Sudan; and (4) the need civil war and the U.S. Civil War. Senator Danforth is working with a for more precise coverage of the Nuba Bashier said that if the U.S. had not re- small team made up of veteran dip- Mountain region dispute within the mained unified the Union could have lomats including Michael Miller from context of the Machakos agreements. ended up ‘‘more like Canada or Mex- the National Security Council East Af- Reverend Kondo is skeptical that Mus- ico.’’ rica staff, Charge Millington and Dep- lim attempts to reach out to non-Mus- On regime change in Iraq, Dr. uty Assistant Secretary of State lims will work if the basic rights for Sulahaddin said, any attack on Iraq Charles Snyder. non-Muslims are not committed to in would fragment the Arab world, and Senator Danforth has been successful writing, implemented, monitored and to date. On July 20, 2002, breakthrough urged the U.S. to seek a unified stance enforced. in the United Nations among various agreements were reached leading to the When I referenced this religious per- Arab countries. President Bashier said ‘‘famous handshake’’ between Sudanese secution with President Bashier’s that he hopes that the U.S. will seek President Omar el Bashier and SPLM Peace Advisor, Dr. Ghazi Sulahaddin, leader John Garange on July 27, 2002 in and his Foreign Minister, Mustafa alternatives to military action because Kampala. The July 20 Machakos round Ismail, I was told that the current Su- the Iraqi people have suffered enough. produced an agreement in principle not danese government should be given a Our delegation next moved to Addis to apply Sharia (Islamic law) in the chance to show the international com- Ababa, Ethiopia, to further explore post-reconciliation South, and would munity that the acts underlying the trade, security and health issues. We provide the people of the South the persecution have occurred during many met with the U.S. country team led by right to self-determination after 61⁄2 years of civil war, and a process toward Charges de Affairs Thomas Hull. Hull years (including a referendum on seces- reconciliation only began in 1997. Both briefed us about the state of Ethiopia sion). Still to be determined in further men assured us that Sudan is on the in the wake of its two-year border war Machakos rounds will be the precise path to religious freedom and respect with Eritrea. The U.S. intelligence re- form of government in the South for for human rights in general. President lationship with Ethiopia has grown the 61⁄2 year trial period such as judici- Bashier pledged that it is ‘‘the obliga- even stronger after September 11. The ary, infrastructure, security, and the tion of Muslims to provide religious Ethiopians believe that the war on ter- ultimate status of the SPLM, including freedom,’’ and that he has made this rorism serves their own domestic secu- whether John Garange can keep a issue a priority and has commanded rity interests, as Ethiopia must also standing army. Senator Danforth, in local officials to ‘‘study this issue contend with radical Islam as a con- preparation for upcoming rounds, has closely.’’ stant threat. Other issues that were skillfully tested the two sides’ willing- Dr. Sulahaddin, and Foreign Minister discussed included potential U.S. bas- ness to come together on four vital hu- Ismail highlighted for us their views on ing in Eritrea in preparation to act manitarian issues: (1) continuation of a U.S.-Sudan relations. Sulahaddin said militarily against Saddam Hussein and ceasefire in the Nuba Mountain region there is a ‘‘huge’’ potential for normal- the impact such basing might have on between North and South, where ization and improvement of relations Ethiopian security concerns vis-a` -vis Evangelicals working with Christian between our countries and Sudan does Eritrea. Ethiopia is also concerned populations have been the target of re- not engage in terrorism because the about cross border terrorist incursions ligious persecution; (2) a polio vaccina- taking of innocent life is contrary to into its country from Somalia. tion program; (3) prevention of attacks Islamic beliefs. He argued that the U.S. against civilians; and (4) prevention of had no basis for concluding that the We then met with Ethiopia’s Prime ‘‘raiders,’’ who with the encourage- Sudanese plant that was targeted for Minister Meles Zanawi, who was quite ment of the government in Khartoum, missile strikes by the U.S. in 1998 actu- articulate and spoke in depth about have killed male populations and ally produced nerve gas. He emphasized many subjects. He said that Ethiopia is enslaved their women and children. the positive aspects of the new inter- a close ally in the war against ter- Satisfaction of the four Danforth pre- action between U.S. and Sudanese in- rorism, but for Ethiopian reasons. The September 30, 2002 CONGRESSIONAL RECORD — SENATE S9577 reasons to which he refers is the con- From Ethiopia we moved to neigh- of four have been told in recent weeks stant threat of radical Islam to Ethi- boring Eritrea. Ethiopia’s annexation that they must register with the gov- opia and its African neighbors. He re- of Eritrea as a province in 1962 started ernment and provide information on ferred to the war on terrorism as some- a 30-year struggle for independence their activities and source of funding, thing of a godsend for Ethiopia, be- that ended in 1991 with Eritrean rebels according to Ambassador McConnell. cause it has focused the world on the defeating governmental forces. A two We discussed other human rights practices of radical Islam. Ethiopia, ac- and a half year border war with Ethi- issues such as the detention without cording to the Prime Minister, is at the opia that erupted in 1998 ended under charge of two Eritrean employees of epicenter of terrorism and a secular is- UN auspices on December 12, 2000. the U.S. embassy due to national secu- land in the sea of Islam. Final lines of demarcation are being rity concerns. There is just so much We questioned Prime Minister Meles arbitrated. the U.S. can do as it relates to the in- about the U.S. policy of regime change According to U.S. Ambassador to Eri- ternal affairs of a country like Eritea, in Iraq. He responded that Saddam trea Donald McConnell, the relation- and we remain hopeful of an acceptable should be removed in order to force ship between the United States and resolution of the detention of the two countries like Saudi Arabia with large Eritrea is sweet and sour. Ambassador employees. Islamic populations to choose whether McConnell gives Eritrea an ‘‘A+’’ grade The United States can help Eritrea to allow radical Islam to take hold or in joining with the United States in by remaining engaged in the region. to fight against that very radicalism. the war against terrorism. Eritrea may Among other things, we can assist Eri- He calls this a fight for their very sur- soon be assisting the United States to trea in becoming an exporter of valu- vival. change the regime in Iraq by allowing able products by focusing foreign aid Regarding trade, Ethiopia stands to our troops to use bases in Eritrea. Eri- on building their infrastructure. Then gain by the combination of the AGOA trean President Isaias Afwerki said in Eritrea can take advantage of AGOA and the TPA, and Meles appreciates our meeting with him that there must and TPA and become a viable U.S. the role of the United States in engag- be a change altogether in the Iraqi re- trade partner and thus expand our bi- ing sub-Saharan Africa on trade. He gime if Iraqi behavior is to change. lateral relationship. said Ethiopia wants access to the In terms of promoting stability in Our codel then traveled to Sicily for U.S.’s trillion-dollar economy. the region, Ambassador McConnell told refueling the night before returning to We also sought the Prime Minister’s us that Eritrea might face greater views on the Sudanese peace process the United States. challenges from radical fundamen- Mr. President, I ask unanimous con- and its effect upon Ethiopia. According talism. President Isaias is skeptical of sent that copies of op-ed pieces which I to Meles, the Sudanese Muslim govern- Sudanese intentions and believes that ment has already taken anti-Islamic have written for the Morning Call and the Bashier government will continue the Harrisburg Patriot and the Pitts- actions by agreeing in principle to non- to quietly encourage radical fundamen- application of Sharia in the South. burgh Post-Gazette also be printed in talists to further destabilize the re- This, according to Meles, will make it the CONGRESSIONAL RECORD. gion. President Isaias said that the Su- easier to achieve breakthroughs on There being no objection, the mate- danese leadership is committed to rad- other issues. The Prime Minister also rial was ordered to be printed in the ical Islam and are worse than bin sees the exploitation of oil and gas re- RECORD, as follows: Laden, and that they preach hatred serves in a stable Sudan, and the will- [From The Morning, Call, Sept. 16, 2002] under the guise of Islam. He believes ingness of the United States to engage PROSPERITY AND PEACE IN AFRICA WILL HELP that the United States must remain the peace process, as positive incen- FIGHT AIDS constructively engaged in the region to tives for the Sudanese to move the (By Arlen Specter) prevent radical Islamic views from peace process forward. PHILADELPHIA—‘‘I want access to Amer- With regard to Somalia, Prime Min- overtaking neighboring countries or ica’s trillion-dollar economy,’’ Ethiopian ister Meles compared Somalia to Af- threatening their security. Prime Minister Meles Zanawi told Sen. Rich- ghanistan and Yemen as a potential While in Eritrea, we continued to ard Shelby, a Republican from Alabama, and haven for terrorists. When I asked hear of religious persecution in Sudan me in our mid-August fact-finding travels and the importance of the United through Africa. If the developing nations of what the U.S. should do to address the Africa can stop the spread of HIV and AIDS situation, Meles noted that the United States in stopping it. In separate dis- cussions with Abune Philipos and end their bloody wars, the continent States must devote nonmilitary re- stands at the brink of real economic develop- sources rather than attempting to Woldetensae, the Patriarch of the Eri- ment with expanded foreign aid and new U.S. broker a Machakos-type agreement. trean Orthodox Church, and Abba trade laws, which will open our markets. Somalia is not ready for a negotiated Menghisteab Tesfamariam, the Bishop Wherever we went—South Africa, Tan- agreement because there are too many of the Catholic Church of Eritrea, we zania, Sudan, Ethiopia, Mauritius, and Eri- actors on that stage. were told that the Sudanese are op- trea—we heard of the debilitating effects of We also discussed the HIV/AIDS cri- pressing Christians in southern Sudan. the AIDS epidemic. In many African coun- tries, the U.S. National Institutes of Health sis and human suffering in Ethiopia. Abune Philipos went so far as to say, Christian believers in Sudan will not and Center for Disease Control are providing The Prime Minister linked solutions to funding and personnel to combat AIDS. both crises to United States assistance exist if the U.S. Government does not President Bush recently announced a new $5 in bolstering Ethiopian infrastructure bring pressure to resolve their persecu- billion aid package to Africa to spur eco- and institutions, providing access to tion by Islam. Bishop Menghisteab re- nomic development and AIDS control. This U.S. markets through expansion of counted how five of his fellow Catholic year’s World HIV/AIDS Conference in New trade, and removal of Ethiopia from Bishops from Sudan have told him as York City is promoting education, testing, the cycle of reliance on foreign aid. recently as July 28, 2002 of Christian and treatment. Follow-up action by African U.S. appropriations for HIV/AIDS women and children being sold into governments and increased foreign aid offer projects in Ethiopia have increased slavery. some promise, but winning the war against The Sudanese Bishops also told him AIDS will be very difficult. from $4 million to $18 million in the Prospects for ending civil wars are bright- past two years. At this time, both that President Bashier is attempting er. On July 20, a breakthrough agreement USAID and the CDC are active in Ethi- to Islamize the entire country by using was reached between the Sudan government opia. USAID focuses both on famine re- Sharia law to suppress Christians. Ac- and the Sudanese Peoples Liberation Move- lief, drought issues and along with the cording to both clerics, some new Eri- ment (SPLM) largely due to the mediation CDC, HIV/AIDS prevention and edu- trean churches may be facing problems efforts of former Sen. John Danforth. Su- cation efforts. CDC has also opened obtaining permits to worship. These dan’s President Omar el-Bashier told us of HIV/AIDS diagnostic clinics in Addis two men stay in close contact with the his keen interest to improve relations with head of the Eritrean Muslim commu- the U.S. and to have his country taken off Ababa. While the HIV/AIDS rate is 13 the terrorist list. This has led Sudan to offer percent, consistent with Kenya preva- nity, as well as leading Protestants, unlimited, surprise visits by U.S. intel- lence percentages, actual numbers of which make up the traditional four ligence agents to its weapons factories and those with HIV/AIDS is higher in Ethi- churches in Eritrea. The new churches laboratories to assure it is not developing opia as the population is higher. not belonging to this traditional group weapons of mass destruction, and Sudan has S9578 CONGRESSIONAL RECORD — SENATE September 30, 2002 also agreed to grant religious freedom to on what was happening on religious persecu- [From the Pittsburgh Post-Gazette, Sept. 13, Christians who have been persecuted and tion. 2002] sold into slavery for decades by their Islamic I tried to visit Sudan, but could not do so TRY THE SUDAN MODEL FOR INSPECTIONS IN oppressors. Much more needs to be done to, because of dangers from the civil war. In- IRAQ but our former colleague, Sen. Danforth, stead, I visited neighboring Eritrea where I (By Arlen Specter) gave us a detailed report on the reasons for met with Sudanese Christians in exile and I WASHINGTON.—On a trip to Sudan in Au- his optimism. then traveled to Addis Ababa where I dis- gust, Sen. Richard Shelby and I learned In Addis Ababa and Asmara, we heard as- cussed religious persecution with Patriarch about ‘‘visits’’ to Sudan’s weapons factories surances from Ethiopian Prime Minister Abuna Paulos of the Ethiopian Orthodox and laboratories by U.S. intelligence agents Meles Zanawi and Eritrean President Isaias Church. that could provide a model for U.N. inspec- Afwerki that the war over their boundary These meetings plus fact finding in Egypt tions in Iraq. dispute had been resolved. Both men, along and Saudi Arabia in 1998 provided part of the Sudan’s president, Omar el-Bashir, told us with other regional leaders, were focusing on bases for legislation that Rep. Frank Wolf, his country was very eager to improve rela- the conference for ‘‘Samalia Reconciliation’’ R-Va., and I introduced that later became tions with the United States with a view to held in Kenya last week, sponsored by IGAD, the International Religious Freedom Act of ultimately getting off the terrorist list. In the Intergovernmental Authority for Devel- 1998. addition to promising to stop persecuting opment. Anarchy in Somalia, with numerous Christians, Sudan is allowing U.S. agents un- In Khartoum last month, Rev. Ezekiel war lords, causes regional instability and limited, unannounced visits to any loca- Kondo, the Provincial Secretary of the Epis- breeding grounds for al Qaeda. tion—to break locks, inspect and photo- copal Church of Sudan, advised that persecu- In our visit to the Rwanda War Crimes Tri- graph. Our agents told us they are confident tion of Christians by the government of bunal in Arusha, Tanzania, we observed a that Sudan is not developing weapons of Sudan was continuing, but there was hope trial on charges of genocide. That Tribunal mass destruction at any of these installa- established an historic precedent in 2000 by that a peace agreement would produce real tions. convicting a head of state, former Prime change. Rev. Kondo said Christians weren’t Obviously, the situations between Iraq and Minister Jean Kambanda of Rwanda. able to build churches, were denied visas to Sudan are very different, so many questions Perhaps the Rwanda criminal proceedings attend out-of-country conferences and Islam would have to be answered. The first ques- have even been a factor in ending the wars in converts to Christianity faced death. tion is whether Saddam Hussein will ever Angola and Sierra Leone in the last few When we traveled to Asmara, Bishop Abba honor his commitment to the United Nations years. Peace negotiations are also now prom- Menghisteab Tesfarmariam of the Eritrean to permit such inspections. ising in Burundi and Congo. An optimistic Catholic Church told us about complaints of Last April, Secretary General Kofi Annan note was sounded by Charles B. Snyder, dep- five Sudanese Catholic Bishops at a con- told me of his frustrations in dealing with uty assistant secretary of state for Africa: ‘‘I ference in Dar es Salaam, Tanzania in July, Saddam’s ‘‘cat and mouse’’ game. First, Sad- like to think peace is contagious.’’ that Catholics were persecuted and sold into dam stalls, then his people say yes with If answers can be found to war and AIDS, slavery by their Islam oppressors. qualifications, then another Iraqi official the isle of Mauritius, located 1,200 miles off In Asmara, we also met with 97-year old says no and meanwhile Saddam is free to do the east coast of South Africa, is a prototype Patriarch Abune Philipos Woldetensae of the what he pleases. Since the United States for economic prosperity. Mark Twain once Orthodox Church who emphasized that Chris- downplays such inspections, there isn’t much said upon visiting the island that ‘‘One gets tians will not be permitted to practice their push to get them done. While it is true that the impression that God made Mauritius religion even with guarantees in the peace no inspection regime can guard against fac- first, and then modeled Heaven after it.’’ We agreement unless the U.S. makes it happen. tories or laboratories we don’t know about, visited a sweater factory that was started by visits on the Sudan model would go a long a Mauritian in 1985 and now employs, 2,500 In our meetings with Sudan’s top officials, way. people using the most modern equipment. Sen. Shelby and I stressed the importance of Then there is the doubt about whether the Some of the piece workers there earn $300 a carrying out the guarantees for freedom of Bush administration really wants inspec- week, a stark contrast from the $250 annual religion. President Omar el-Bashier, foreign tions. Inspections might delay a planned at- earnings in Tanzania. Our Ambassador John Minister Mustafa Ismail and Peace Advisor tack. In any event, Bush’s team doubts their Price and the factory owner, Sunil Ghazi Sulahaddin all pledged to do so. When value. The President addressed the United Hassamal, expect those earnings to increase we discussed the issue with Eritrean Presi- Nations yesterday and stated that the U.N. as a result of the U.S. African Growth and dent Isaias Afwerki, he scoffed at the pros- Security Council resolutions must be ad- Opportunity Act passed in 2000 and the newly pects for Sudan to honor the commitment on hered to by Iraq. Inspections are an integral enacted legislation on Trade Promotion Au- religious freedom because Islam fundamen- part of those resolutions, and could be pat- thority. talists are fanatic about spreading their reli- terned after the inspections currently being Perhaps the most remarkable development gious beliefs as part of gaining control of used in Sudan. A very high-level expert in since my last trip to South Africa in 1993 is people and countries. the U.S. intelligence community told me un- what has happened to that country. With the From meeting many people in the region restricted, surprise inspections could provide election victory of the African National Con- and especially Sen. Danforth, it is my judg- adequate information on what Iraq is doing gress in 1994, apartheid has given way to a ment that Sudan very much wants to gain on WMD at those locations. stable government where blacks and whites favor from the U.S., which is the principal As President Bush has escalated the rhet- work together and Nelson Mandela is reason for a peace agreement with the oric for regime change, even his customary everybody’s hero. SPLM. Republican allies have joined the inter- national chorus in raising questions and in- Repeatedly, the Sudanese officials asked sisting that he receive congressional author- [From the Patriot News, Sept. 1, 2002] about being taken off the terrorist list. ity to go to war against Iraq. Former Na- CHRISTIANS FACE MANY OBSTACLES IN SUDAN Sudan’s government has made other sig- tional Security Adviser Brent Scowcroft, Re- (By Sen. Arlen Specter) nificant concessions such as giving U.S. in- publican Sen. Richard Lugar of Indiana, A peace agreement between the govern- telligence agents unlimited access to weap- Jack Kemp and even columnist Robert ment of Sudan and the Sudanese Peoples ons factories and laboratories for surprise Novak represent a strong conservative base Liberation Movement offers the prospect of ‘‘visits’’ to check for production of weapons in urging caution, restraint and even no ac- ending slavery and the persecution of Chris- of mass destruction. tion. tians in Sudan. The ‘‘Strategic Paper on Just Peace in the Former Secretary of State James Baker The civil war, which has raged since 1956 Framework of Comprehensive Political Set- has proposed a U.N. resolution calling for the with only intermittent lapses, has seen gov- tlement in Sudan’’ specifies ‘‘Religious belief use of force to compel Saddam to honor his ernmental Muslim forces attack Christians and cultural identity are natural aspirations 1991 commitments to permit inspections. in the south, kill the men and kidnap the at the individual and group level, but cannot That could provide the basis for an inter- women and children who are then sold into be imposed on others by any single party.’’ national military coalition if the Security slavery. A final written agreement must spell out Council agrees and Iraq continues to resist. In September 2001, President Bush ap- religious rights and deal with many specific If the United Nations does not adopt the pointed former Sen. John Danforth as his pending issues. Baker idea, it gives the United States a Special Envoy to broker a peace agreement strong reason to unilaterally enforce Iraq’s Whatever the words, only the deeds mat- between the warring factions. After intense inspection commitments if the United Na- ter. negotiations, a break-through agreement tions won’t. was reached on July 20 leading to the ‘‘fa- Ultimately, U.S. pressure will be indispen- In order to make the case for military ac- mous handshake’’ one week later between sable. tion, President Bush will have to deal with Sudanese President Omar el Bashier and The International Religious Freedom Act other tough issues: the cost in casualties, SPLM leader John Garange. of 1998 provides the mechanism to monitor who will replace Saddam and what will be Sen. Richard Shelby, R-Ala., and I traveled and, where necessary, impose U.S. sanctions the repercussions in the region and beyond. to Sudan in mid-August to discuss these to guarantee religious freedom in Sudan and But if Saddam continues to turn away in- issues with the parties with special emphasis elsewhere. spectors, this will raise the common-sense September 30, 2002 CONGRESSIONAL RECORD — SENATE S9579 conclusion that he has something to hide, integrity, and passion for justice stand worked on landmark issues that would like weapons of mass destruction. And as the as an incredible legacy to a magnifi- lend shape to Hawaii’s new society, risk looms large that Saddam is continuing cent woman. PATSY authored an ‘‘equal pay for to develop such weapons, those issues will be I commend to my colleagues and all equal work’’ law and scrutinized the subordinated to avoiding another Sept. 11 or those interested in PATSY’s remarkable Department of Education toward im- worse. life, a biography by Esther Arinaga and proving education for Hawaii’s chil- Mr. SPECTER. I thank the Chair and Rene Ojiri included in a book titled dren—a cause close to my heart, as one yield the floor. Called from Within: Early Women Law- who previously served as a teacher and The PRESIDING OFFICER. The Sen- yers of Hawaii, edited by Mari principal in Hawaii’s schools. ator from Hawaii. Matsuda. I wish to recap some of her In 1965, PATSY brought her views to Mr. AKAKA. Mr. President, I ask brilliant life and career for the RECORD. the national stage when she became unanimous consent to speak as in Born on December 6, 1927, in Paia, the first woman of color elected to the morning business for 30 minutes. Maui, PATSY was independent and am- United States House of Representatives The PRESIDING OFFICER. Without bitious from the start. As an illustra- to represent Hawaii’s 2nd Congres- objection, it is so ordered. tion, one family story recalls that she sional District—a seat I was proud to f insisted at age four on beginning hold for almost 14 years, before I en- school a year early. She was driven tered the Senate. PATSY was articulate HONORING CONGRESSWOMAN about the causes she tenaciously shep- PATSY T. MINK throughout her young life, and was elected student body president at Maui herded. President Franklin Delano Mr. AKAKA. Mr. President, I rise to High School. She graduated as valedic- Roosevelt’s fireside chats, heard years offer a few words in tribute to a distin- torian in 1944, a year marked by global ago on Maui by a young PATSY, had guished colleague and dear friend, Con- strife and war. provided her with a foundation of gresswoman PATSY TAKEMOTO MINK, PATSY’s childhood curiosity about ideals and rhetoric from which she who passed away Saturday afternoon medicine led her to study zoology and would draw upon for many years in her in Honolulu, HI. I am deeply saddened chemistry at the University of Hawaii. political career. by the passing of my friend and col- After graduating in 1948, she applied to During her first tenure in Congress, league, PATSY MINK, and I join our medical school, only to be rejected PATSY served her various constitu- Congressional delegation, and the peo- along with other bright young women encies, both in Hawaii and around this ple of Hawaii and the Nation in extend- aspiring to be doctors, in a time when Nation, with a strong commitment to ing heartfelt sympathy to John and women made up only 2 to 3 percent of wide-ranging domestic issues, includ- ing education, the environment, child Wendy Mink, her husband and daugh- an entering class. Another factor care, open Government, workers’ ter, Eugene Takemoto, her brother, daunting her efforts was the return of rights, and equal opportunity. She in- and all of PATSY’s extended family and our war veterans and a resulting boom troduced the first Early Childhood her loyal staff in Washington and Ha- in applications for graduate and post- Education Act, authored the Women’s waii. graduate programs. Although discour- Education Equity Act, supported strip I feel a tremendous sense of loss at aged, PATSY took wise counsel from a mining regulation, and became an the untimely death of Congresswoman mentor and applied to law schools. She early critic of the Vietnam War. In PATSY TAKEMOTO MINK. Her passing gained admission to the University of 1971, she entered the Oregon Demo- leaves a void in the House of Rep- Chicago. It was during her years of law resentatives, the Hawaii congressional cratic Presidential primary. Her can- studies that she would meet and marry didacy reflected her determined inde- delegation, and the political life of our John Mink, a respected hydrologist and Nation. It is difficult to put her spirit pendence and frustration with Govern- geologist, her loyal campaign advisor, ment cutbacks in social services spend- into words, but those that come imme- and her lifelong companion. It was in diately to mind as fitting characteriza- ing and the ongoing war. Chicago that they would have their In 1971, in connection with planned tions of the woman we honor today in- daughter, Wendy, a professor at Smith underground nuclear tests at Amchitka clude courageous, forthright, tena- College. Island in the Aleutian chain, she filed cious, gutsy, outspoken, bold, meticu- Returning to Hawaii, PATSY gained suit with 32 other Members of Congress lous, and determined. She was my admission to the Hawaii bar in 1953, to compel disclosure of reports under friend, a dedicated public servant for but only after a successful challenge of the Freedom of Information Act, FOIA. Hawaii, a strong pillar in our state’s a statute that required a woman to She took issue with alleged Presi- delegation, and an advocate for those take the residency status of her hus- dential authority to exempt certain in- in America who feel scared, small, band, who was a native Pennsylvanian. formation from FOIA and withhold it alone, mistreated, neglected or forgot- Such an action represented only one of from judicial or legislative review. In ten. several challenges to sexism that she the final outcome, in what had been de- PATSY was a petite woman with a would undertake during her profes- scribed by PATSY as a sort of Waterloo powerful voice and a peerless reputa- sional career. In being admitted to the of the Freedom of Information Act, the tion as a champion for equal oppor- bar, she also logged one of many firsts U.S. Court of Appeals ruled that Con- tunity, civil rights, and education. She by becoming the first Japanese Amer- gress could legislate new disclosure was a courageous and tenacious leader ican woman to do so in Hawaii. guidelines to permit judicial review of whose lifetime of public service made In the 1950s, PATSY began to take a the President’s actions. In the end, the Hawaii a better place. Her leadership in serious interest in politics and make case gained tremendous historical sig- health, education, child welfare, and her mark on the Democratic Party by nificance when the U.S. Supreme Court social services will endure and con- helping to build the party and draw cited it as precedent for the release of tinue to benefit Hawaii’s people and all many young people into its ranks. the Watergate tapes. Americans. PATSY’s first step into public elected In perhaps her farthest-reaching ac- In the course of her life, PATSY was a office in the territorial legislature in complishment, PATSY co-authored title pioneer, a trailblazer for women, work- 1956 awoke for Hawaii and the world a IX of the Higher Education Act Amend- ers, minorities, the poor, and the pow- powerful voice that would only gain ments, which prohibits gender dis- erless. In the history of Hawaii and our strength in its impact and not be si- crimination by educational institu- Nation in the 20th century, PATSY lenced until the new millennium. From tions receiving Federal funds. The MINK is one of the giants whose vision that moment forward, PATSY’s profes- landmark provision was enacted in 1972 of hope and passion for justice led Ha- sional and political record would run as and has since, in its 30 years of exist- waii to statehood and whose efforts if by perpetual motion. ence, introduced equality in college broke down barriers and opened doors The momentous year of 1959 brought sports and contributed greatly to the to opportunity for everyone, regardless Statehood for Hawaii, and by then, rise in women’s athletics. of race, gender, or religion. Her passing PATSY had easily won election to the An unsuccessful Senate bid ended her silences a dynamic voice, but her many territorial Senate. Leading up to first set of years in Federal office in accomplishments, her unimpeachable Statehood, while the legislature 1977, but it did not quiet her political S9580 CONGRESSIONAL RECORD — SENATE September 30, 2002 involvement or public service. Indeed, missed. There are fewer trails for about national security. I think that is in 1990 she returned to the House. In women and minorities to blaze, thanks terribly inappropriate. the interim, she assumed the position to PATSY’s determination and spirit. It is not inappropriate at all for the of Assistant Secretary of State for Indeed, her trailblazing efforts will not President to campaign. He certainly Ocean and International, Environ- end with her death, for the things she will and should do that, but I don’t mental, and Scientific Affairs, where put into place will continue to benefit think he ought to use these campaign she helped to strengthen environ- the lives of countless individuals, in opportunities to do what he has been mental policies, particularly with re- our lifetime and for generations to doing. I understand he has raised some- gard to protection of whales, toxic come, in ways that may not ever be thing like $130 million. He is a pro- chemical disposal and ocean mining. In truly appreciated. digious fundraiser, and he has every 1980, she took the helm as the first We are enjoined to carry forth the right to do that. But it is unfortunate woman president of the Americans for mission that my dear colleague pur- that a President who has spoken of a Democratic Action. Two years later, sued during her remarkable career. desire to change the tone of political she returned to elected office in Hawaii With great sadness, we bid a final fare- discourse in Washington, DC, is rush- by taking the gavel as chairperson of well and aloha pumehana to a fearless ing around the country doing fund- the Honolulu City Council. She twice and remarkable lady, the most honor- raisers and pointing the finger at the ran unsuccessfully for other office, this able PATSY TAKEMOTO MINK. Democrats in the Senate, saying they time for Governor and mayor of Hono- I yield the floor and suggest the ab- don’t care about the security of this lulu, then triumphed in 1990 in a spe- sence of a quorum. country. cial election for the remainder of my The PRESIDING OFFICER. The The fact of the matter is that Demo- term in the other body, at the passing clerk will call the roll. crats proposed the creation of a De- of our beloved colleague, Spark Matsu- The legislative clerk proceeded to partment of Homeland Security just naga. call the roll. one month after the terrorist attacks Since 1990, she continued in char- Mr. DORGAN. Mr. President, I ask on September 11 of last year. Lest we acteristic style, advocating and articu- unanimous consent that the order for forget, Senator LIEBERMAN—the prime lating the ideals that she had espoused the quorum call be rescinded. sponsor—introduced in the Senate a during her first terms in the other The PRESIDING OFFICER (Mr. NEL- bill to create a homeland security Cab- body. I remember PATSY marching up SON of Florida). Without objection, it is inet agency exactly 30 days after the the Capitol steps with vigor, alongside so ordered. September 11 attacks. her other female colleagues, to show Mr. DORGAN. Mr. President, are we The President opposed it. The White her support for Anita Hill in 1991. I was in morning business? House opposed it. They said they didn’t want it. They objected. Month after pleased to work with PATSY, the distin- The PRESIDING OFFICER. The Sen- guished senior Senator from Hawaii, ator is correct. month after month, the White House opposed the creation of a Cabinet level Senator DAN INOUYE, the honorable Mr. DORGAN. I ask unanimous con- Secretary of Transportation, Norm Mi- sent to speak for as much time as I agency dealing with Homeland Secu- rity. neta, and my other colleagues in the consume. In fact, when the legislation was establishment of a Congressional cau- The PRESIDING OFFICER. Without marked up in the full committee cus to address the needs of Asian objection, it is so ordered. chaired by Senator LIEBERMAN, the Re- Americans and Pacific Islanders in f publicans largely voted against it in 1994. the full committee because the White I recall her leadership in 1996 on a HOMELAND SECURITY House opposed it, the President op- successful boycott of a joint session Mr. DORGAN. Mr. President, I have been hearing in recent days that, once posed it, the President didn’t want it. speech by French President Jacques And then on June 6, a full 9 months again, the President is on the cam- Chirac, in protest of French nuclear after the September 11 attacks, the paign trail across the country. Some- testing in the Pacific, much in line President did a 180 degree reversal and times he does two, three, four, and five with our shared commitment to cham- said: Now we want a new Department. fundraisers a day. At most of these pioning the disenfranchised peoples of And, by the way, we not only want this fundraisers, the President criticizes the the Pacific in our respective bodies. As new Department, but we want the fol- we hope to complete action on a wel- Senate for not passing the homeland lowing provisions to apply to the fare reauthorization bill in this ses- security bill exactly the way he would 170,000 workers of the new Department, sion, I remember PATSY’s steadfast ef- like it. I thought I might make a cou- and we are not willing to compromise. forts before the passage of the 1996 wel- ple of comments about that. We demand that it be done the way we fare reform law in keeping us mindful First, we in the Senate are in the intend it to be done. That was the mes- about the possible effects of social pol- process of debating the homeland secu- sage from the White House. icy changes on children. She had con- rity bill. I hope the President will ulti- First, for 9 months they didn’t want tinued the battle cry with the current mately be willing to compromise with an agency. Now they not only want an welfare reauthorization and ensured us on some key issues. I believe we will agency, but they say we must have it that the voices of the smallest and pass a homeland security bill, and I be- their way and will not compromise. most vulnerable were heard. lieve it will be soon if we get some will- And then, in the middle of the Senate PATSY was one of the last Members of ingness to compromise on the part of debate, the President goes on the cam- the 107th Congress who served in the the White House. We will also, at the paign trail, and suggests that Demo- historic 89th Congress that passed President’s request, take up a resolu- crats don’t care about national secu- much of the landmark Great Society tion dealing with the question of Iraq rity. That is nonsense. legislation. PATSY’s lifelong efforts to and the use of force and the United Na- The President said he wants to come open educational access to countless tions. to town to change the tone. There is Americans and ensure them the best It is our intention on the majority precious little evidence of that in re- educational opportunities were the side to have a good, aggressive debate cent weeks, I would say. But I do think achievements that brought her the on these issues, but at the same time it is time to change the tone. greatest satisfaction. ‘‘Anything for work with the President and accommo- The right thing for the President and the children,’’ was PATSY’s guiding date the President as much as possible. the Congress to do is to work together conviction. I believe we shared the But I want to make a few points that to reach a fair compromise and to find same view about education that this I think are important. Foremost a way to do this in a thoughtful way. crucial area is where we can do the among these is that I don’t think it is Changing the tone means you sit down most good for the most people. appropriate for the President to be together and try to get the best of A great spirit has come and gone be- going around the country, doing mul- what both sides have to offer. That is fore us. PATSY’s vigor and courage to tiple fundraisers every day and sug- all we ask at this point. tackle difficult issues in the wide gesting that the Senate or some Mem- We have been on this legislation for realm of social policy will be sorely bers of the Senate do not seem to care some 4 weeks. There is no reason we September 30, 2002 CONGRESSIONAL RECORD — SENATE S9581 cannot have thoughtful and satisfac- enact into law that 95 percent which questions of national security are with- tory compromises so we can pass a De- we all agree on. But the White House in our borders. We should strive for the partment, a Cabinet level agency on has remained unyielding. same absence of partisanship and de- homeland security, through this Sen- Mr. DORGAN. Mr. President, if the bate this as we do internationally. ate, go to conference, and get a bill to Senator will yield for a question, is it That is why we have all got to lower the Senate he can sign. There is no rea- not the case last week after several our voices a bit and try to focus on the son we cannot do that and do that weeks where we had this impasse with very narrow area of difference we have soon. the White House on this issue—the bi- so we can get this job done to protect I believe that is the goal of Senator partisan proposal that tries to be the the security of the American people. LIEBERMAN. I know it is the goal of centrist proposal—it was once again The Senator from North Dakota is Senator DASCHLE. I just visited with blocked? The White House said, No, we right. The truth is, Senator ARLEN him. We want this to happen. are not interested in doing that either. SPECTER, our Republican colleague I said the other day that I would It is either our way or no way. If it is from Pennsylvania, and I and others never, ever, under any set of cir- not our way, we intend to go to fund- introduced a bill to create a Depart- cumstances, question whether anyone raiser after fundraiser and criticize. ment of Homeland Security in October in this Chamber supports this coun- I have great respect for the Presi- of last year. The administration had try’s national security. Everyone dent. I have supported him on many what I always respected as a good-faith does—liberal, conservative, Repub- things. Especially in a political season difference of opinion. They didn’t feel lican, Democrat; we all strongly sup- with all of this discussion existing in it was necessary. They felt the Office of port the security of the United States. this country about changing the tone, I Homeland Security the President cre- We may come at it from different an- am just not very happy seeing three to ated by Executive Order could do the gles or different approaches and have five fundraisers a day and using the op- job. I always felt, and Senator SPECTER different ideas, but I believe everyone portunity to say, By the way, the Sen- felt, we needed a Department with a really has the best interests of this ate can’t get this bill done. What is the strong Secretary with budgetary au- country at heart. I believe that of the bill? The bill is to create a Cabinet- thority and line authority over people President as well. level Department of Homeland Secu- serving under them. That dispute went I think it is now time for the Presi- rity proposition which the White House on for 8 months until the President en- dent to sit down with us and reach opposed for 9 straight months. dorsed the idea on June 6. I never agreements and reach some com- In fact, the ranking Member—I say would have thought to say or allege, promises and get this piece of legisla- to the Senator from Connecticut— because the President and we had this tion moving. And I think it is time, voted against the proposal, and then, 2 dispute about how best to protect long past the time, for the President to weeks later, found out he was in favor homeland security, somehow the Presi- stop going out on the fundraising trail of the proposal. He used a whimsical dent was putting that bureaucratic or and using this issue in a divisive and quote about being in favor of some- ideological vision—whatever you call inappropriate way. thing which he voted against because it—ahead of his commitment to na- We need to get this right. This debate the White House pivoted and said, No, tional security. Obviously, that would isn’t about politics. This is about effec- we support it, but based on the notion have been unfair, just as I think some tively protecting the interests of this of what we believe must happen. And, of the statements the President has country. And we are all in this to- if that is not satisfactory to the Con- made in the last week are unfair. gether. gress, we are going to go criticize the It is Monday, and it is a new week. The PRESIDING OFFICER. The Sen- Congress rather than reach a com- Hope springs eternal. I hope we can sit ator from Connecticut. promise. and reason together with the biblical Mr. LIEBERMAN. Mr. President, I Once again, I would like to see a ideal—the prophet’s vision—in our thank the Chair. change in tone, but I haven’t seen it, at minds. I thank my friend from North Dakota least in recent weeks. There is a danger lurking out there. for what he said. It has gotten frus- Mr. LIEBERMAN. In response to my The terrorists are still out there. They trating in the last couple of weeks, and friend from North Dakota, he is abso- hide in the shadows. But they are at all the more so because we agree on 90 lutely right on a few of the points in- work planning to strike us again. to 95 percent of what ought to be in volved. Words have consequences, both Shame on us if we don’t get together legislation creating a Department of in our personal lives and in our public and create a Department that can pre- Homeland Security. lives. When you take the good-faith vent them from doing that. Let us do it The senior Senator from Texas, who dispute we have had here about this this week. We can break this logjam. It is the lead advocate for the administra- single question of Federal employees’ is that simple. tion, for the White House, for the rights to be transferred to the new De- The PRESIDING OFFICER. The Sen- President, and for himself, has said the partment and suggest people in the ator from Utah. substitute he offered to the bipartisan Senate are putting those concerns Mr. BENNETT. Mr. President, I lis- bill that came out of our Governmental ahead of national security by which tened with interest while my two Affairs Committee is 95 percent the you are questioning their motives, and friends discussed this issue. I may as a same as the Governmental Affairs even their patriotism, to some extent, footnote point out they really are my Committee bill. We have a 5 to 10 per- it has consequences. It has con- two friends. My mother used to say you cent difference, mostly focused on this sequences because we naturally feel we could always tell how much a Senator question of how you protect and reas- have been treated unfairly. It is unfor- hated another one by how many ‘‘dis- sure Federal workers who are moved tunate; it has consequences beyond tinguished’’ and ‘‘great friend’’ adjec- from other Departments to this new this bill. It began to have consequences tives he used. But, in this case, it is Department while not undercutting the last week on questions related to a res- genuine. President’s authority over national se- olution that would authorize the Presi- I think the Senator from North Da- curity. Surely we can find a way to dent to take military action in Iraq, if kota has raised a legitimate issue bridge that gap on a bipartisan basis. necessary. about the tone. I would like to do what As my friend from North Dakota I think what my friend from North I can to change the tone of this debate. knows, Senator CHAFEE is taking a lead Dakota has said is very important to As I see it, speaking solely for myself role in creating a bipartisan alter- remember here. We have tried and have as maybe the last Member of the com- native to the parts of our committee not always succeeded. But when we mittee, the fight here is about the bill that dealt with this question. And come to questions of national security, President’s ability—or, more appro- I accepted that compromise even foreign and defense policy, as we al- priately, the new Secretary’s ability— though it wasn’t the one our com- ways say, partisanship ends at the Na- to manage the Department efficiently mittee first adopted and I proposed, be- tion’s borders. We are in a new world and effectively. cause I thought it was a way to break post-September 11, 2001, where national I do not see the history quite the the logjam and allow us to create and security is within our borders. The same way in terms of the dispute, S9582 CONGRESSIONAL RECORD — SENATE September 30, 2002 Should we have a Department or agencies of smaller stature, pasted flexibility. He could move people should we not have a Department in them together into a single Depart- around without asking congressional the months leading up to the Presi- ment, and discovered major manage- approval for a certain period of time. I dent’s request. ment challenges. should probably research the exact pe- I believe that within the administra- Whenever I address this issue in front riod. My memory is that it was 3 years tion there was always an assumption of a group of business executives who after the creation of the Department. that a Department, at some point, say, Why can’t we put this together He could move people, almost capri- made sense, but the administration very quickly, I always ask them the ciously, for 3 years. was not willing to identify a specific question, Have any of you ever been en- Secretary Boyd, who was the first set of recommendations as to how that gaged in a major corporate merger? Secretary of Transportation, did it for Department would be formed until the And when they nod their heads, I say, 18 months. I know Secretary Volpe did President made his statement. Do any of you have any thoughts that it until the time came. It was abso- So I do not think it was a matter of this will be easy? lutely essential for me, in the office I resisting, resisting, resisting, and sud- It is at least twice as large as the organized for the Secretary, to have denly changing his mind. I think it challenge creating the Department of that kind of flexibility. I was moving was: We are going to keep our options Transportation. This is not the same people around, violating what had been open. We will not endorse anything. thing as creating the Department of their traditional kinds of protections, Therefore, we will not endorse the Education, which simply took the Of- simply because the whole thing would Lieberman bill until we have decided fice of Education and slapped the ‘‘De- not function if we did not have that what it is we want. partment’’ label on it. It still had the kind of flexibility. I think the Senator from Connecticut same culture, the same work rules, the The Congress put a time limit on it has been more than generous in his same procedures. because they wanted to make sure that willingness to grant good faith to the It is not the same thing as taking the the Secretary would not abuse that administration on that issue. I think Department of Veterans Affairs, which power. I remember how concerned Sec- that is correct on both sides. was simply taking an existing office, retary Volpe was that the clock was Now, as I understand the issue, lis- slapping a new label on it, and saying, running, and he had to get the reorga- tening to members of the administra- OK, we are now going to take veterans nization done before midnight struck tion, as we meet in our meetings, and and elevate them to Cabinet status. In and suddenly everything would be fro- listening to the debate both in com- this case, it is putting together so zen again. mittee and on the floor, there is no de- many disparate agencies, many of We were talking about a Department sire, at least substantively within the which have been functioning in an at- dealing with entirely domestic issues, true policymakers of the administra- mosphere where homeland security is a having no national security implica- tion, to turn this into a partisan fight. part, but almost an unimportant part, tions, in a situation where there was no I will grant there are those who are of their main mission, but because of external pressure, such as a potential willing to grab for any partisan advan- where they are, they need to be pasted attack. And it took 3 years or more be- tage they can find. I would suggest together in this new Department and fore that Department came together and functioned. that people who have that inclination have a major change. As I have reminded Senators before, exist on both sides of the aisle, popu- As I listen to the White House indi- an even larger example of this kind of late both parties, and, indeed, may viduals talk to us on the Republican organization, which is the closest par- even be found in the Green Party or side—as we talk about this, they say: allel we have to creating the Depart- some other party that likes to pose as This is not really a matter of union ment of Homeland Security, was the versus nonunion; this is a matter of the being above searching for a partisan reorganization of the Department of power of the President and, through advantage. Defense that came after the Second But I believe the problem in this cir- the President, his delegate, the Sec- World War. That was in 1947. cumstance stems from the high stakes retary, to organize the Department in The Department of Defense probably that are involved in making sure the the most efficient way. And we are did not fully function until the Gold- Department is done right. I have ad- afraid—I am speaking now for the ad- water-Nichols Act of Congress stepped dressed this on the floor before, and the ministration, which is maybe presump- in, what, 15 years later? Certainly more Senator from Connecticut has heard tuous on my part, but as I hear what than a decade later. And it is instruc- me address it in committee. The chal- they say, it is: We are afraid that if it tive to remember that the first Sec- lenge of putting together a Department comes in the form we are talking about retary of Defense, faced with all of such as this is so overwhelming, and here, we will end up with a Department these challenges, committed suicide. the possibilities that it will go wrong if that is unmanageable, and the Presi- There are those who say, well, there it is not properly constructed in the dent will have to go through so many were other problems in his life. And I first instance are so great, that things hoops, laid out in departments that are am sure that is true. I will not at- that might have been resolved on a not focused on homeland security, that tribute his ultimate depression and de- more normal legislative question be- it will be impossible for the new Sec- cision to end his life to the difficulties come sticking points on this one. retary to function. of managing the Department of De- I have said on the Senate floor before I ask all of my colleagues this rhetor- fense, but it certainly can be said that that I was involved in the creation of ical question—I have asked the Senator those difficulties did not help. the Department of Transportation, from Connecticut this question, and he So if the President were to call me which has some similarities to this. Be- has answered yes—but I ask all of the and say: Bob, you have had experience cause we took the Coast Guard out of Senators this rhetorical question: at Transportation; you have been in the Treasury Department—I say ‘‘we’’; Would you be willing to accept ap- the executive branch; you have been an it was done in the Johnson administra- pointment as the new Secretary of this appropriator; you have a unique back- tion. I was in the Nixon administration Department in the form in which it is ground; I want you to be the Secretary that inherited this shortly after it was being proposed to us under the Breaux- of Homeland Security and serve the created but while the problems still ex- Chafee-Nelson amendment? country; I would have to say to him: isted. I have some management experience. Mr. President, not under the terms of They took the Coast Guard out of the I have been in the executive branch in this bill. My ability as the CEO would Treasury Department. They took the a Cabinet-level Department. I could be hamstrung. Highway Administration out of the not honestly answer that question yes The Senator from Connecticut is ex- Commerce Department. They took the for myself because I watched as the actly right. Through his good efforts FAA from its status as an independent first Republican Secretary of Transpor- and his willingness to be open, which is agency. They took the Urban Mass tation, John Volpe, wrestled with all of his hallmark and his trademark as a Transit Administration out of the De- the problems of moving people around Member of this body, he has worked partment of Housing and Urban Devel- the Department. The Congress gave with the White House in crafting some- opment. And they took several other him, a high degree of management thing that is agreeable to both sides 95 September 30, 2002 CONGRESSIONAL RECORD — SENATE S9583 percent, maybe even more than 95 per- do that—is that I hope we can, in fact, As the Senator from Utah said, this cent. There is no point in putting a reach out in the spirit the Senator is not just putting a new name on the firm number on it because the two are from Connecticut has always shown, door, ‘‘Department.’’ This is taking a now tremendously close. find some solution, but recognize that lot of different people from a lot of dif- The remaining issue is the kind of it is not a political fight to determine ferent places in our Government and issue that would cause me to turn down who is protecting unions and who is the bringing them together under a strong service in this position. May I hasten most patriotic. It is a serious, legiti- Secretary in focused divisions within to say, I am not running for the posi- mate, important management chal- that Department. Those are exactly tion, lest anybody have any mistakes lenge as to how much power this Presi- the parts that are in common between about this. I enjoy the Senate too dent and future Presidents, the newly the proposal from our committee and much. appointed Secretary and future Secre- the White House proposal. As I have tried to look at it as objec- taries, are going to have to manage the Why are we doing it? Simply because tively as possible, I have decided that Department in the most efficient pos- the current state of disorganization is the President’s statement that he sible way to preserve our homeland dangerous. When you have three, four, would veto this bill is a correct one. It against attacks. or five different Federal Government is not rooted in a desire to embarrass The reality is that the attacks will agencies at a point of entry into the the Senate or impugn the integrity or come. The reality is that some of them country at the border and they are the ability of the Senator from Con- will get through. No matter how well each in separate offices—they may necticut or his committee on which I the Department is manned, no matter bump into each other, but they are not serve. It is rooted in a firm belief that how well the Department is structured, really working together in a coordi- the management procedures of this De- no matter how vigilant the employees nated way; they usually don’t even partment, as structured in this bill and of the Department will be—and I will have telecommunications equipment as they would remain structured under stipulate, I expect that all of them will that speaks easily in a crisis to one an- the proposed amendment, would pre- be vigilant, whether they are union other—that is dangerous disorganiza- vent the next Secretary, whomever he members or nonunion members or tion. or she may be, from having absolutely don’t care—an attack will make it If you have, as we know from the in- essential authority to organize the De- through somehow, somewhere. vestigation of the Joint Intelligence partment. And then we want to look back on it Committees, a situation where there I have said this before—I will say it and say: We did the very best we could are bureaucratic barriers between the again; no one has taken me up on it— to see to it that the Secretary had all intelligence community, the law en- I would be willing to put a time limit of the tools he or she might need. And, forcement community, and informa- on the kind of flexibility I think we yes, this attack got through, but these tion is not shared in a way that can put need. If indeed there are those who are didn’t because we put the Department all the dots, as we keep saying, on a nervous that some future President, together intelligently in the first board so you can see the outlines of a even if they give this one every benefit place. potential terrorist attack so you can of the doubt, those who are nervous I will be happy to enter into what- stop it, that is disorganization that is that some future President might ever discussion the Senator from Con- dangerous. abuse this power, I would say: Let’s necticut may want to have, knowing I could go on and on, to each of the give the President the power he wants that I don’t speak for the administra- five or six divisions of the new Depart- on management flexibility and put a tion, but I speak as a member of his ment. time limit on it and say his ability to committee from the other side of the So that is why we are all proposing move people around would expire after aisle who has always had the highest this step. It is going to be a big job. I 5 years, I would think would be more respect for his willingness to listen, his want to make it clear. I know the Sen- logical, if he had the experience of willingness to cooperate, acknowledge ator from Utah didn’t mean to suggest something like 3 at the Department of that he has helped me on some of the this in reporting our conversation. I Transportation. issues I believe strongly about to his am not now, nor will I be a candidate On the issue of his ability to des- own political peril because there are for Secretary of the new Department of ignate people for national security, the some Members on his side who did not Homeland Security. When he asked me President probably does not want a want to do some of the things I wanted whether I would advise who was taking time limit on that. He probably be- to do. I would hope in the same spirit it to take it under the Nelson-Chafee- lieves that every President should be that he has mentioned here that some- Breaux language—if they should ac- preserved in the rights they have had. thing can be worked out. cept—my answer was yes. I want to ex- That one might be negotiated as well. The PRESIDING OFFICER. The Sen- plain why, in the calm of a Monday But as I understand it, these are the ator from Connecticut. afternoon. In this particular colloquy, two challenges: First, the flexibility Mr. LIEBERMAN. Mr. President, I we may have an opportunity to set factor which, frankly, we have not been thank my friend from Utah. I return more on the record as I see it than has talking about on the Senate floor be- his respect and trust quite directly. I gotten in to this point. cause we have been so hung up on other appreciate what he said. I appreciate We have 170,000 employees to be ones. That would be the one that would the tone in which the Senator from moved to the new Department. The give me the most pause if I were the Utah spoke, and just to get the non- number I hear about union-represented potential Secretary. I would be willing sense of last week behind us, that we employees is approximately 43,000 who to see if we couldn’t work that one out can obviously disagree on issues re- will be moved to the new Department. with a time limit. And then the second lated to this bill or other bills without There are two factors at work here. issue, the right of the President to questioning, without impugning each One is an anxiety among a lot of Fed- make a national security decision, other’s motives or, Lord knows, ques- eral workers that this existing statute, maybe we could find a way around that tioning each other’s patriotism. which has been referred to, that was one, too, in terms of some sort of time I agree, when we create this Depart- adopted in the Carter administration, circumstance. I don’t think just be- ment of Homeland Security—and we that gives the President of the United cause it was done with Jimmy Carter will create a Department of Homeland States extraordinary authority to de- means that it has to remain sacrosanct Security; we are going to find a way to clare that a particular category of Fed- forever. We can look at it in view of do it before long, I hope—it is going to eral employees should not be allowed the threat, get some experience under be a massive undertaking: 170,000 em- to belong to a union, an employee asso- our belt as to how the new Department ployees, clearly the largest reorganiza- ciation, because that union member- works, and say that Congress will tion of the Federal Government since ship would be inconsistent with na- relook at this at X particular point. the end of the 1940s, the post-Second tional security—the existence of that My bottom line, speaking solely for World War reorganization of our na- statute applied 10 or 11 times since myself and not for the administra- tional security and foreign policy appa- adoption in the late 1970s in the Carter tion—because I am not authorized to ratus. administration, and usually in quite S9584 CONGRESSIONAL RECORD — SENATE September 30, 2002 narrow areas—the Defense Intelligence the reasons why he was invoking this This is one of those rare cases where Agency and in similar groups—the ex- authority; and, particularly, he would my prediction was correct. I say that istence of that statute used for the have to make clear, or give a state- with some understandable humility. I first time by the current administra- ment, that the agency whose employ- fear that is where we have ourselves tion in January to deprive several hun- ees he was denying the right to collec- now. In the committee bill, we adopted dred employees of the U.S. attorneys’ tively bargain had had its mission some bipartisan civil service reforms, offices around the country of the right changed from the many years since the worked on with great diligence by Sen- to collectively bargain, to join unions, Carter administration, when no pre- ators AKAKA and VOINOVICH over many created widespread anxiety among Fed- vious President had said that doing the months. Other than that, we didn’t eral employees. work of that agency was inconsistent change the existing civil service law, Senator THOMPSON and I had some with the union membership to national except that we said we required the discussion on this last week. I don’t security, with no right of appeal to an new Secretary of the new Department, need to get into the details of what the administrative agency. To me, that 6 months after the effective date of the administration intended to do and creates what I might call a kind of legislation, to come back to Congress what the employees thought. From the minimal due process for Federal em- and tell us whether he or she thought employees’ point of view, they were ployees, just to require the President we needed to do anything more about worried that this statute would be used who, by the one court case in this stat- management flexibility as the Depart- in a broader way than ever before to ute that had been decided, the Presi- ment was taking place, based on the deny them the right to collectively dent’s authority here in that court experience they had. bargain. I must say, again, that the case was held to be substantial. I mean, So that is where our committee bill right to collectively bargain among this is a case where President Reagan was. The President came in with a se- Federal employees is quite limited; removed collective bargaining rights ries of reductions in civil service pro- most notably and, of course appro- from a group of Federal employees for tections for employees who are long- priately, Federal employees belonging national security reasons and did not standing and that deepened the anxiety to a union do not have the right to recite a determination as to why he did of the Federal employees that this De- strike. That is a law. There are various it. I believe the district court sided partment was going to be used as a way other items that are normally nego- with the employees. It was appealed to to cut back on their protections, on the tiated between management and a circuit court, and the district court accountability, on the kinds of protec- unions that are not negotiated in the said the President has to at least recite tions that, at their best, don’t create Federal employee case—most notably a determination rather than just issue rigid bureaucracy, but help to create salary. We are the managers, in that an order. the climate in which the best people sense, who set salary levels—we in the The circuit court actually said—I am are attracted to Federal service. The Congress. paraphrasing and probably making President’s bill gutted that. So now we come to a recommenda- something more complicated, a little tion that the Department of Homeland more direct—the circuit court said Now comes the Nelson-Chafee-Breaux Security be created. There is great they accept a presumption that though compromise, and here, too, I think anxiety—and it remains so—among the the President did not recite a deter- they did something quite reasonable 43,000 employees currently represented mination, when it came to national se- and progressive, which is they itemized by unions who, when they are moved to curity, his judgment was determina- four different areas where the Presi- this Department, because the name of tive. It set a very high standard for dent can exercise broad management the Department is Homeland Security, anyone questioning how a President flexibility, but they did something that they might well be deprived of their would exercise this power the statute builds on the best labor-management collective bargaining rights. Our com- gives him. relations in the private sector and mittee considered that and we came up So my own feeling is that in the Nel- some very hopeful experiences with with a proposal which, to state it in son-Chafee-Breaux compromise, we similar labor-management relations in summary, would have allowed employ- have now put in a little language to re- Federal Departments, particularly the ees to appeal such a decision, such an quire a statement of why the President Internal Revenue Service. They said in order denying them collective bar- did it, and the work of this Depart- the Nelson-Chafee-Breaux compromise: gaining rights to the Federal Labor Re- ment, or agency, or office that changed Mr. Secretary, we are giving you this lations Authority—two-thirds of whose since they moved to the new Depart- flexibility in these areas of current members, incidentally, are appointed ment, but effectively no appeal from civil service protections, but we re- by the sitting President. So, presum- that. So I think we achieved a little quire, before you implement them, to ably, it would not have been a hostile measure of due process for the employ- attempt to negotiate them with your board. When we came to the floor, and ees, without at all diminishing the na- workers. That is why I say in the best after that measure was in our proposal, tional security authority of the Presi- of modern private-sector labor-man- the White House was quite adamant on dent. agement relations, the old hostility is On the question of civil service re- the point that it would represent a not there. It is: Let’s sit down around forms, or changes, and so-called man- lessening of the President’s national the table and figure out what works agement flexibility, when the Presi- security authority. Though the less- best for the company; you want jobs, dent first introduced his proposal and we want to make a profit; let’s figure ening would have been small, literally embraced the idea of a Department of that was true. That would have been out how we can best do this together. Homeland Security, I remember speak- Let me mention, this is exactly the au- true because we would have subjected ing to Governor Ridge. He is a good thority Congress gave the Internal the Presidential decision on national man, and he was good enough to bring Revenue Service a few years ago. It has security grounds to review by this ad- this up himself in a conversation we worked quite well. In other words, in ministrative body and appeal to the ad- had a couple weeks ago. He said to me: that legislation we said: Director of In- ministrative body. That is why, when I I remember, Senator, that, as soon as saw the gridlock here, and under- the bill came out and you saw some of ternal Revenue, you have the authority standing that we agree on more than 90 the changes we wanted on civil service, to negotiate changes in the civil serv- percent of the two proposals—one you appealed to me, why can’t we put ice, but you have to do it with your White House and one committee—be- this aside for 6 months? This Depart- employees. In fact, they have nego- fore the Senate now, I encouraged our ment is going to take months to get up tiated some very progressive agree- colleagues, Senators NELSON and and functioning. I remember saying ments with both sides agreeing once BREAUX, to pursue a compromise. They this to Tom Ridge—that this is a trap, they sat down around the table. engaged Senator CHAFEE in these dis- a web, and we are going to get so en- In that legislation and in this Nel- cussions and they came up on this one tangled in it that it is going to run the son-Chafee-Breaux proposal, so again with a proposal that the President risk of making it hard for us to adopt we protect the authority of the Presi- would retain the authority he has, but legislation creating a Department of dent, we say if the Secretary of Home- would have to more clearly enumerate Homeland Security. land Security and the workers in the September 30, 2002 CONGRESSIONAL RECORD — SENATE S9585 Department cannot reach an agree- tember 11. When they heard what had tion to authorize the Department of ment, then they have to take it to ar- happened, they just rushed to the Justice is blocked—legislation to bitration to the Federal Service Im- scene. Nobody was thinking about strengthen our Justice Department and passes Panel. This is a board, again, all whether this was supposed to be a day the FBI that by agreement of all Mem- of whose members are appointed by the off under the collective bargaining bers across the political spectrum will current President, so it is not a hostile agreement, what risks they were as- increase our preparedness against ter- board, and that board makes the final suming, or they were going to be asked rorist attacks, but also prevent crime decision. to do things that were not quite in and drug abuse in our cities and in our I do believe that our colleagues, Sen- their job description. Needless to say, a rural areas. It improves our intellec- ators BEN NELSON, LINCOLN CHAFEE, lot of them not only rushed into the tual property and antitrust laws. It and JOHN BREAUX, have worked out a building, but they never came out. would strengthen and protect our judi- proposal, a genuine compromise that is I hope we can find common ground. I ciary. It would give our children a safe different from what our committee re- offer anything I can do to supplement place to go after school. ported out but provides a door opener the extraordinary positive work of the This legislation is as motherhood as both to management flexibility, to previous triumvirate I mentioned, Sen- one could imagine and yet the Repub- some progress in management, and ators NELSON, CHAFEE, and BREAUX, to licans have said, no, even though the does not diminish ultimately the au- get over this last big hurdle and get Republican-controlled House passed it thority of the President of the United this bill adopted in the Senate, get it 400 to 4. And even though every single States, certainly not with regard to his to a conference with the House, and Democrat in the Senate is ready to ability and capacity now to invoke na- then get it to the President’s desk for vote for it, the Republicans have said, tional security with regard to union signing. no, we want to put an anonymous Re- membership rights of Federal employ- Mr. LEAHY. Mr. President, I do not publican hold on it and not allow it to ees. want to interrupt. go forward, years of work by both the I am puzzled as to why the adminis- Mr. LIEBERMAN. The Senator’s tim- Republicans and Democrats. This bill tration has not accepted this com- ing is good. That was the windup sen- not only has my support in the Judici- promise proposal and the Senator from tence. ary Committee, it has Senator HATCH’s Texas is effectively involved in a fili- Mr. LEAHY. I wonder if the Senator support. It has the support of Chairman buster of the overall bill. I remain open will yield to me? I wish to discuss an- SENSENBRENNER in the other body, as to discussion about parts of this. I ap- other aspect of the war on terrorism, well as Representative HYDE. Every preciate what the Senator from Utah and that is what we can do through the one of the House and Senate conferees, said about a time limit. Five years Justice Department. I wonder if the Republican and Democrat, signed the seems like a long time to me. President will allow me to speak about conference report. That conference re- One of the issues we considered in the that. port includes significant portions of at committee, and I know was considered Mr. LIEBERMAN. I will be happy to least 25 legislative initiatives, all to be in the negotiations, was the possi- do so. I thank the Senator for coming flushed down the drain by a Republican bility, with regard to the civil service to the floor and look forward to his re- hold. management flexibility, of giving—we marks. When people go home this year to call it demonstration authority, but The PRESIDING OFFICER (Mrs. campaign about why they want to stop the idea was for a limited period of CLINTON). The Senator from Vermont. drugs in their schools, why they want time to give the President some of the f to fight terrorism, why they want their authority he wanted, and then come courts strengthened, why they want back and see how it worked and con- DEPARTMENT OF JUSTICE the Attorney General of the Depart- sider whether we wanted to extend it. AUTHORIZATION ment of Justice to be able to be I am grateful for the words of the Mr. LEAHY. Madam President, I strengthened in their fight, let them Senator from Utah, and as we begin know we are getting down toward the point out that the reason it was not our new week, after some of the heat end of the session and sometimes legis- done was a Republican Senator who that was exchanged on the floor of the lation falls by the wayside, but I have wants to do it anonymously. They do Senate, I am grateful for the coolness seen something in the last couple of not even want to step forward and say of his—in the best sense of that word— days different from anything I have who he may be. that is, the thoughtfulness of his re- seen in 28 years in the Senate. For too many years, Republican and marks today. I will be glad to continue Last Thursday the other body passed Democrat administrations have al- to talk with him to see if we can find the Department of Justice Appropria- lowed the Department of Justice to es- common ground. We ought not to be in tions Authorization Act and we filed a cape its accountability to the Senate this gridlock on what I still consider to bipartisan conference report. I mention and the House of Representatives and, be a side issue from the main business this because it has been 20 years since through them, to the American people. of this Department: protecting the se- there has been such an authorization Congress, the people’s representatives, curity of the American people. act for the Department of Justice be- have a strong constitutional interest in As the Senator from Utah said, we cause it has been so hard to bring peo- restoring that accountability. The never want to give the impression we ple from across the political spectrum House has recognized this. It has done do not think the employees who will together. The House passed this con- its job. We need to do ours. Senate move to this Department are as con- ference report—by a vote of 400 to 4. I Democrats are prepared to proceed. cerned about homeland security as we am not sure the way things are these Senate Republicans apparently are not. and the rest of the American people days that we could get a vote of 400 to So let me tell you some of the things are. In fact, the evidence before us is 4 to agree the Sun rises in the east and that are in this bipartisan conference quite ample that Federal employees sets in the west. report. are concerned. The very same day I checked with First, the conference report provides The stories are legion and numerous every single member on this side of the Federal, State, and local governments of Federal employees—I think of aisle, every Democrat, and asked if with additional tools to battle ter- FEMA employees—they were some- they were willing to have it pass the rorism. It fortifies our border security where else and they rushed to the Pen- Senate by voice vote, if need be, or a by authorizing over $20 billion for the tagon to be of help; they flew to New rollcall vote—it does not make any dif- administration and enforcement of the York; they worked hours and hours of ference, but to pass it. laws relating to immigration, natu- overtime. Of course, the most vivid Every single Democrat—the distin- ralization, and alien registration. It demonstration of the way in which guished Senator from Connecticut, my- authorizes funding for the Centers for union membership is not inconsistent self, everybody else—agreed, yes, sure, Domestic Preparedness in Alabama, with national service or sacrifice is the go ahead and pass it. We were told Texas, New Mexico, Louisiana, Nevada, firefighters in New York, several hun- there is an anonymous hold on the Re- Vermont, and Pennsylvania. It adds ad- dred of whom were off duty on Sep- publican side. This bipartisan legisla- ditional uses for grants from the Office S9586 CONGRESSIONAL RECORD — SENATE September 30, 2002 of Domestic Preparedness to support to prevent crime from happening in the to the Protocol. This would benefit State and local law enforcement agen- first place, to give teenagers and American businesses and companies cies. youngsters a place to go. who need to protect their trademarks Why would anybody on the Repub- Just last week, I joined with Senator when they sell their goods and services lican side oppose that? Another meas- HATCH at the Boys and Girls Club con- in international markets, particularly ure in the bill would correct a glitch in gressional breakfast honoring regional over the Internet. a law that helps prosecutors combat youth of the year and also honoring I hear from companies as large as the international financing of ter- Senator STROM THURMOND. Republican IBM and Intel. They want this legisla- rorism. I worked closely with the Bush Senator after Republican Senator tion, down to the little mom-and-pop White House to pass this provision in praised the work of the Boys and Girls manufacturers in my own State. I tell order to bring the United States into Club, as did I, but now some Repub- them all, every single Democrat will compliance with a treaty that bans ter- lican Senators are anonymously hold- vote for that. It is in this bill, as 400 rorist financing—and this is something ing up the authorization for the money House Members of both parties voted the Bush administration wants—but for the Boys and Girls Club. for it. But I also tell everyone in the without this technical, noncontrover- Senate Republicans are also blocking businesses that ask, it is being held up sial change, the provision may not be funding that will put an additional As- by an anonymous Republican hold. usable. As the President has pointed sistant U.S. attorney in every district Another important intellectual prop- out, this law is vital in stopping the in the Nation to implement the Presi- erty provision is the Hatch-Leahy flow of money to those who would dent’s Project Safe Neighborhoods Ini- TEACH Act, to clarify the educational- use exemption in the copyright law and harm Americans. Every Democrat is tiative aimed at preventing school vio- all educators to use the same rich ma- ready to pass that. It is something lence. The President goes out and terial for distance material over the President Bush has asked for in his speaks in favor of this. I happen to Internet as they use in face-to-face fight against terrorism. Every single agree with the President on this. Ev- classroom instructions. The Presiding erybody agrees with him, and now, Democrat in this body is ready to vote Officer represents one of the most when doing what the administration for it, but the Republicans are blocking beautiful areas in upstate New York, it from going forward. has asked for, we put these assistant where I visit often. I think of my rural Worse yet, at a time when the Presi- U.S. attorneys in there, but that is not Vermont or rural Utah. This allows dent is going before the U.N. empha- going anywhere. Every single Demo- people in these small schools to be able sizing our enemies are not complying cratic Senator supports it. An anony- to have access to what is available in with international law, by blocking mous Republican hold blocks it. the large metropolitan areas. Every this minor fix—something the Presi- The conference report strengthens Democrat will vote for it. It is being dent has asked for, something every our efforts to prevent domestic vio- held up by an anonymous Republican Democrat is ready to vote for, only the lence and protect its victims. By cre- hold. Republicans are blocking—we are leav- ating a new Violence Against Women The conference report has a provision ing ourselves open to a charge that we Office in the Justice Department, we modernizing Patent and Trademark Of- also are not in compliance with an im- ensure an increased Federal focus on fice specifically authorizing friends to portant antiterrorism treaty. this tragic and recurring problem. I do augment the investigation and pros- Secondly, this conference report im- not know why preventing domestic vio- ecution of intellectual property crimes proves our law enforcement efforts. lence should be a partisan issue. of privacy online. There is no member Among other things, it pushes the FBI In my experience as a prosecutor, the of the business community that does to reform its outdated computer sys- police never said we have to determine not support it, from the largest to the tem. Right now it is something that whether this person who is beaten up in smallest. Every Democratic Senator is kids in school 10 years ago had better domestic violence is a Democrat or a ready to vote for it tonight. It is being computer systems. It provides danger Republican. You try to save the life of held up by an anonymous Republican pay for FBI agents performing haz- the person who is being beaten and to hold. ardous duty abroad. It provides for in- protect them. This conference report creates or ex- creased sentencing enhancements when This legislation also authorizes pro- tends 20 Federal judgeships. Those are criminals use body armor in crimes of grams to reduce drug abuse and recidi- more than all the judgeships created violence or drug trafficking crimes, vism, from adult and juvenile courts, during the 6-plus years the Republican something for which every single po- to increased funding for drug treat- party controlled the United States lice agency I have talked with from ment in prisons, to funding for police Senate and blocked both Clinton ad- New York to Texas has asked. training in South and Central Asia to ministration judicial nominations and I am told the administration sup- reduce the flow of drugs into our Na- the creation of new Federal judicial po- ports this and every single Democratic tion. All of these proposals are bipar- sitions. We have included new Federal Senator supports this, but it is blocked tisan. Actually, most of them were in judges in Arizona, Alabama, Texas, by the Republicans. the Hatch-Leahy Drug Abuse Edu- New Mexico, among others. I have It includes Senator CARNAHAN’s Law cation, Prevention and Treatment Act. heard repeatedly from our Republican Enforcement Tribute Act, which au- Every Democrat is ready to vote for friends that although they have thorized grants to States, local govern- them, but we cannot because the Re- blocked the creation of the judges dur- ments, and Indian tribes for memorials publicans have an anonymous hold. ing the previous administration, they to honor those who were killed or dis- The conference report contains a want them now. I put them in. Every abled while serving as law enforcement number of important intellectual prop- single Democrat is ready to vote for it safety officers. It has the Feinstein- erty provisions that will help American and the Republicans are blocking. It is Sessions James Guelff and Chris innovators and businesses, both big and amazing. These judges we have needed McCurley Body Armor Act. That is small. There is a probusiness provision, for years, blocked during the last ad- blocked. These are things that had which includes the Leahy-Hatch Ma- ministration when the Democrats had overwhelming Republican and Demo- drid Protocol Implementation Act that the Presidency, now we put them in. I cratic support, still has unanimous has been held up for over 1 year. Every supported putting them in, from north- Democratic support but is blocked by single business organization in the ern New York to Alabama. The Repub- the Republicans. I believe the con- country, big or small, has asked us to licans say they want them. They will ference report the Senate Republicans pass it. Every single Democrat has said not be appointed by a Democratic are blocking could help prevent crime they will vote for it. It is being held by president. They will be appointed by a from occurring in the first place. We an anonymous Republican hold. Republican president. I don’t know reached a bipartisan agreement to give This legislation would implement a what is going on unless they want to the Boys and Girls Clubs the funds they treaty and allow American businesses make it look like we are holding this need to establish 1,200 additional clubs to obtain ‘‘one stop’’ international up. Every Democrat will vote for the across the Nation. As a former pros- trademark registration, a process new judges. But they are being held up ecutor, I know how valuable these are available only to countries signatory by an anonymous Republican hold. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9587 I do not want to hear bleeding and of domestic violence, stopped crimes the campaigning, could take a couple caterwauling from the White House or from happening. Those we were not of minutes to pick up the phone and the political mouthpieces from the De- able to stop, we oftentimes successfully call the party, the Members on the partment of Justice, asking, Where are prosecuted afterwards. I never recall other side of the aisle, and say the the judges. All 50 Democratic Senators anyone, either those in my office or criminal justice system needs this, the will vote for them, as 400 Republicans any of the law enforcement agencies we fight against terrorism needs this. and Democrats in the House voted for talked about, whether we were dealing This is not just something abstract, them. It is being held up by an anony- with a Democrat or Republican, asking this is real. Let’s pass it. That is why mous Republican hold. whether someone who was beaten or the Republican-controlled House The conference report prohibits man- killed was Democrat or Republican. passed it. I am sorry my friends on the datory arbitration in a motor vehicle You never asked a police officer if they Republican side of the aisle are block- franchise contract between manufac- were Democrat or Republican. No one ing it. I hope when they think about it, turers and automobile dealers, to the asked when sending officers out to pro- they will come to their senses and let same effect as the Hatch-Feingold- tect citizens, facing the potential of it go through. Leahy-Grassley Motor Vehicle Fran- death, their political party affiliation. Madam President, I suggest the ab- chise Contract Arbitration Act, S. 1140. In working with my colleagues, both in sence of a quorum. That legislation has more than 60 co- the Senate and in the House, we did The PRESIDING OFFICER (Mrs. sponsors, Republicans and Democrats. not look at this as Democrat and Re- CLINTON). The clerk will call the roll. The automobile dealers lobbied strong- publican. We talked about good law en- The legislative clerk proceeded to ly for it. All 50 Democrats are ready to forcement. That is why every single call the roll. vote for it. Their friends on the Repub- Democratic Senator has said they will Mr. REID. Madam President, I ask lican side are holding it up. vote for this bill. unanimous consent the order for the The conference report includes an Our caucus spans the political spec- quorum call be rescinded. amendment to the Radiation Exposure trum. I suspect if we were allowed to The PRESIDING OFFICER. Without Compensation Act to expand eligibility bring it to a vote, almost all of my col- objection, it is so ordered. for compensation for injured uranium leagues on the other side of the aisle f miners, mill workers and ore trans- would vote for it, yet an anonymous EXTENSION OF MORNING porters. Many Senators from western hold is stopping this help to the law en- BUSINESS States, on a bipartisan basis, such as forcement agencies, ranging from the Mr. REID. Madam President, it is my Senators DASCHLE, HATCH, JOHNSON, smallest of our towns to our statewide understanding we are in a period of DOMENICI, strongly support these law enforcement agencies, to our Fed- morning business; is that correct? changes. We are all ready to vote for eral law enforcement agencies. Nobody The PRESIDING OFFICER. The time them. Republicans are holding it up. has spoken of any substantive question for morning business was to have ex- Finally, the conference report in- or issue of any provisions in this con- pired at 5:15. cludes several important immigration ference report. And there are not any. provisions to help underserved rural Mr. REID. Madam President, I ask It passed the Republican-controlled unanimous consent that the time be areas with a critical shortage of med- house by 400–4. ical doctors. Women die in childbirth. extended until 6:45 p.m. It has been suggested the holds are The PRESIDING OFFICER. Is there Teenagers in an accident die because merely partisan blocking to hold up objection? they did not get care. Older people do legislative action and then blame the Without objection, it is so ordered. not get the preventive medicine they Democratic Senate majority for inac- Mr. REID. I suggest the absence of a need. This allows foreign doctors who tion created by Republican holds. I re- quorum. are educated in the United States to peat, as I have over and over again on The PRESIDING OFFICER. The remain here if they will agree to prac- this bill, I have checked with every sin- clerk will call the roll. tice in the underserved areas. It ex- gle Democrat Senator; we are ready to The legislative clerk proceeded to tends H–1B status for certain working vote. We are all ready to vote. call the roll. aliens and makes it possible for chil- If Republicans allowed this bill to Mr. NELSON of Nebraska. Madam dren whose sponsoring parent has died come to a vote, it would pass imme- President, I ask unanimous consent the to apply for citizenship, nonetheless. I diately. It should have been passed last order for the quorum call be rescinded. don’t need to tell the Presiding Officer, Thursday. We had an opportunity. Sen- The PRESIDING OFFICER. Without representing the great State of New ator DASCHLE asked permission to pass objection, it is so ordered. York, there were children whose spon- it—Senator HATCH said we didn’t each f soring parents died in this country. have to speak on it, we would put our These are all noncontroversial provi- speeches in afterward—asked to pass it HOMELAND SECURITY sions, for all over the country. Every by unanimous consent, but was told Mr. NELSON of Nebraska. Madam single Democrat Senator said they will the Republicans objected. President, as we enter our 5th week of vote for it. We cannot bring it to a vote For the sake of the Justice Depart- debate on this Senate floor on the because the Republicans have an anon- ment, the Congress, and the American homeland security bill, I rise today to ymous hold. I would not feel as bad people, we ought to pass it today. ponder exactly where we have been, about the holds if the Senator holding Twenty-one years fighting to get it, and, perhaps much more importantly, it up would come forward and state and here is what is in there: Combating where we are going. why. Instead, it is a stealth hold. It is terrorism, improving law enforcement, In recent weeks, Democrats and Re- a ‘‘during the night’’ hold. It is the preventing crime, fighting drug abuse, publicans have made little progress on quiet, anonymous phone call hold that enhancing intellectual property protec- the bill. Some have identified par- stops it. It repeats an unfortunate pat- tion, strengthening the judiciary—add- ticular provisions they would like to tern of anonymous Republican holds on ing 20 new judgeships and improving have changed; some have not. The bipartisan legislation designed to im- judicial disciplinary procedures—im- President offered his own proposal for prove our Nation’s national security proving civil justice, and improving consideration, and, as the RECORD will law enforcement, immigration policies, immigration procedures. reflect, the Senate obliged him by al- and judicial branch of the government. The irony is item after item was lowing it to come to the floor for con- I am sure my colleagues are tired of worked out with the support of the sideration. hearing how much I enjoyed my earlier Bush White House. I spent an awful lot My good friends, Senator GRAMM of career in law enforcement. For 81⁄2 of time on this bill. A lot of my Repub- Texas and Senator MILLER of Georgia, years I proudly carried a badge, proud- lican colleagues spent a lot of time on are championing the President’s bill. ly served as chief law enforcement offi- this bill. And our staffs spent 10 times He could have no two more noble or re- cer of my county. We prosecuted a lot more time on this bill. I think some- spected Senators as his gatekeepers. of people. We saw a lot of tragic situa- body down at the White House, if they Let me describe for you what this bill tions. We helped a lot of people in cases take time out from the fundraising and does. It will establish a new Federal S9588 CONGRESSIONAL RECORD — SENATE September 30, 2002 Department, the largest Government part, but I can quote before or after. ferences between the two sides in this reorganization since the establishment There is some question about the con- fight—he calls it a ‘‘fight’’—are rel- of the Department of Defense. It will text of this particular legislation. It atively minor and that Democrats have affect 170,000 Federal employees and was in conjunction with explaining already given the President almost ev- each and every American. It will re- what the White House was interested erything he requested. I think Senator structure existing agencies and create in in terms of the flexibility that man- LIEBERMAN parenthetically has said he new ones. It will relocate and reclassify agement would require over labor has given 95 percent. We have been employees and will establish the larg- under this new agency. He said: looking for a way to close the gap. I est reaching intelligence-gathering op- Senator, the President seeks for this new quote from his story: eration in the history of civilization. department the same management preroga- I don’t think the answer’s in the legisla- Is this the kind of legislation that tives that Congress has provided other de- tion. I think it is a little bit about Iraq and Congress should approve blindly? Obvi- partments and agencies throughout the exec- a little bit about the election. ously not. utive branch. For example— Mr. Light said the President should Some would have you believe that Then he identifies a couple of other declare victory and move on. He said: anyone who wants to make any processes that are fairly innocuous. Any President in history would celebrate change—no matter how slight—to this Then he says, relating to personnel the enormity of consensus that exists in massive legislation is an opponent of flexibility: Congress right now. The President has got- the President. Personnel flexibility is currently enjoyed ten 95 percent of what he wants. I want to make a slight change to by the Federal Aviation Administration, the I think it is closer to 99; obviously, it this bill, one I believe is supported by Internal Revenue Service, and the Transpor- is not 100. Today’s issue of Roll Call in- a majority of the Senate, but that does tation Security Administration. cludes a news story and a column in not make me an opponent, nor does my We initially tried to embody the Fed- which some Republican leaders outline amendment make anyone an opponent. eral Aviation Administration in our a strategy to use the homeland secu- I support the President. I want to see amendment, but it was ruled not to be rity issue in the coming elections. him achieve his goal of establishing germane. So we did the next obvious Mark Preston, a very able reporter this new Federal bureaucracy. thing; we went to the Internal Revenue from this respected publication, wrote: What I do not support is sacrificing Service, which lays out under existing A disagreement over key labor issues in our constitutional responsibility for law—which made it germane—the na- the homeland legislation might force this oversight of not just the Department, ture of the flexibility, that personnel bill to be shelved until after November. once it is established, but of the effort flexibility to which Governor Ridge Mr. Preston quotes my good friend to create the Department in the first had referred. We thought that would, from Pennsylvania, the chairman of place. in fact, do it. the Republican conference, Senator Passing this bill comes down to one Now, much to our surprise, that ap- SANTORUM, as saying: unresolved issue: the method of resolv- parently does not do it because they There are issues not being acted upon here, ing differences as they pertain to labor- have suggested that this is a non- and they would certainly be issues of great management in the new Department of starter. It seemed to be starting back importance to the American people and Homeland Security. in September—the third of Sep- therefore be of very great importance to a I have joined together with my col- tember—but it seems to be a non- campaign. leagues, Senator John Breaux and Sen- starter today. I don’t know what has Madam President, they are very im- ator LINCOLN CHAFEE, to put forth a changed in that timeframe. My good portant to the American people, and no compromise that has the support of a friend, Senator GRAMM, said that ev- more important for us to do today and majority of the Senators, and should be erybody is entitled to their own opin- tomorrow is to deal with national secu- embraced as a victory, not demagoged ion, but they are not entitled to their rity as it relates to the American peo- as a special interest protectionist own set of facts. I think this is a set of ple, and put aside partisan politics, put measure. facts that we have before us. It is hard aside this election and electioneering The President’s bill, the Gramm-Mil- to believe that there would be more and resolve the differences and close ler bill, does not have enough votes to than one opinion about what Governor the difference between 95 percent and pass, and it does not have enough votes Ridge had to say. There should be no 100 percent. The differences are, in fact, to invoke cloture. The Lieberman bill more than one opinion about what his I think, as Mr. Light said, very small. does not have enough votes to pass, and letter purported to deal with. So I Accusations of obstructionism seem it has not had enough votes to invoke think this is one set of facts, with one to be aimed at securing a campaign cloture. opinion. It is possible to wedge, and what we really need to do is Without becoming unnecessarily mischaracterize facts, but I don’t think move away from obstructionism to bogged down with Senate procedure, it there is any way to mischaracterize constructionism. We can be construc- is important to point out that cloture the plain and simple language when he tive in developing this particular ap- means to shut off debate and a major- said ‘‘the same management preroga- proach. There are some other issues be- ity to pass a piece of legislation under tives.’’ He didn’t say ‘‘almost the sides the flexibility issue, and we these circumstances. Now, my amend- same,’’ or ‘‘slightly different’’; he said thought we had pretty much closed the ment has enough to pass, but it does ‘‘the same management prerogatives.’’ gap there as well. not have enough to shut off cloture. If I said the other day that there are The Morella amendment, as it was my amendment were passed and passed times on this floor when you find out introduced in the House, relates to the on the Gramm-Miller bill, I believe you are having a disagreement and you question of collective bargaining. What that the bill would then have enough cannot understand why it is a disagree- this particular amendment does is go not only to shut off cloture but pass. ment; you are not sure what it is back and have Morella included in the That is what we are really trying to do. about, and you feel like Lewis Carroll amendment as it was introduced in the Our compromise would give the must have felt when he wrote Alice in House. It may not be exactly what was President the authority he needs to Wonderland. I have not seen the chesh- requested, but we have suggested that hire and fire, promote or demote em- ire cat, but when winning is described if there are some particular questions ployees in the new Department. Indeed, as winning in the media about this or some particular interests in adding it gives him exactly the authority he issue, I feel as if we are in Alice in some language that would make this sought when Homeland Security Direc- Wonderland. better, we are entirely interested in tor Tom Ridge wrote the chairman of Let me also suggest that there have doing that. the Governmental Affairs Committee been some news reports that I made The truth is that we have not had in early September. reference to from the past few days that opportunity to try to bring that I have here for everyone to see—even that might shed some light on this sit- about. We met Thursday, we met Fri- those watching through the electronic uation. On Friday, Paul Light, of the day, and we met today. I think it is eye—Governor Ridge’s comments to respected Brookings Institution, told time for us to stop meeting and time Senator LIEBERMAN. I will quote in the Chicago Tribune that the dif- for us to find a way to solve the issue. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9589 We are beyond meeting, I believe, when A TRIBUTE TO THE LIFE OF HOL- Single-minded. Fiercely independent. it comes to this particular amendment. LADAY JOHNSTON RICHARDSON Loyal and dedicated. She had the per- Flexibility is important and making Mr. THURMOND. Mr. President, sonal qualities that define what Presi- sure that what we do in terms of this early this morning, I lost one of my dent Theodore Roosevelt once called legislation is that we not adversely im- closest friends and staff members, the ‘‘courageous life.’’ pact job security for national security, Holly Johnston Richardson, who suc- But it was not until she was diag- and certainly not unintentionally. cumbed after a difficult battle with nosed with breast cancer less than a The White House has made it clear cancer. For nearly 30 years, she was a year ago, that people came to see just they have no plans to go in and make member of my extended family in how courageous an individual Holly major wholesale changes. I take them every sense of the word. She was my Richardson actually was. Holly never wore her illness on her at their word. I think if that is the right hand. My trusted advisor. My sleeve. She never asked you to feel case—and I take them at their word— vital link to literally thousands of sorry for her, share her burden, or wal- then we ought to find, if not this lan- South Carolina friends, constituents, low in her pity. In fact, few people out- guage, some language that will permit and family members. us to close the gap to move this for- But more than anything else, Mr. side of the office even knew Holly was ward. If, in fact, it is everybody’s plan President, Holly Richardson was one of sick. The reason was, of course, that to achieve a result here, then I think my dearest friends, and I will miss her she didn’t feel sorry for herself. Holly we can achieve one. more than words can convey. summoned the courage of a warrior to I truly believe it is important to the To her husband, Phil, to her two won- fight her disease. And with quiet dig- national interest to be able to deal derful children, Anne and Emmett, and nity and the help of the Almighty, she with the personnel flexibility of the to Holly’s mother and father, Joanne fought as bravely as any soldier I have President. There is no question he and Coy Johnston of Summerville, ever known. Her dedication to work, and to the needs to have the capacity to hire and South Carolina. I extend my heartfelt people of South Carolina—whom she fire, to promote and demote, and do sympathies. I know my colleagues—so considered her ‘‘real bosses’’—paled what is in the best interests. There is many of whom knew Holly very well— only to her devotion as a wife and a no question about that. And adding join me in expressing their support and that there be some requirement regard- mother. Holly always made time for offering their prayers during this very ing the changing of authority or the what was truly important in life. She difficult time. and her husband Phil together built a changing of position in mission of the But it is Holly Richardson’s life, and loving home and were blessed with two personnel is a slight adjustment. It cer- the courage she demonstrated through- wonderful children. She was an active tainly is not any kind of major intru- out her illness, that is most on my member of her parish, Saint Paul’s sion on the Presidential authority. mind today. I know I speak for every- To include the Morella language, in Episcopal Church, in Virginia, and one who knew and loved Holly as I did terms of flexibility, simply adds to managed to make time to be scout in saying that we deeply mourn her that. I hope we will be able to move be- helper, soccer Mom and, above all, role passing, and yet celebrate her wonder- yond meetings to closing the gap, model. ful life, a life dedicated to God, to her bridging this debate so it brings about Holly’s life was truly a gift, which the best result that we can, not simply family, to her fellow man, and to her she shared without reservation with for the White House but for the people State and Nation. everyone she knew and loved. That gift Like all trusted staff members, Holly of this great country. This should not now lives on in all of us—for she in- Richardson had my ear. What she prob- be about Republicans or Democrats. It spired our lives, strengthened our spir- ably never knew fully is that she also should not be about the legislative its, and touched our hearts. had my heart. On a personal level, she branch or the executive branch. It was—for my entire family—an unoffi- f ought to be about what is in the best cial ‘‘third daughter.’’ Our confidant. VALUE OF PUBLIC LANDS, NA- interest, the national interest of our Our friend. Our partner in so many as- TIONAL PUBLIC LANDS DAY, people, and for those who share the pects of our lives. SEPTEMBER 28, 2002 same desire for freedom and are strug- On a professional level, Holly and I gling to achieve it in other parts of the Mr. CRAIG. Mr. President, last Sat- were virtually inseparable. As anyone urday was National Public Lands Day. world. who has ever visited my Senate office We have a great responsibility to the It was a time for volunteers in states knows, Holly’s desk was always next to American people, but we also have a re- and communities across the country to mine. We shared an office ever since sponsibility that is now being ques- give something back to America’s pub- she became my personal secretary in tioned and challenged around the lic lands. National Public Lands Day is 1979. She could always be counted upon world. One of the best ways for us to the largest grassroots, volunteer effort to work the longest hours, to handle begin to resolve these issues is to take mounted on behalf of America’s public the toughest jobs, and to render even- care of business at home. I cannot parks, rivers, lakes, forest, rangelands, handed advice and counsel. think of a better way than to adopt and beaches. In fact, it was Holly who quietly this amendment so we can adopt the This year’s National Public Lands bragged that she had broken in more Gramm-Miller proposal and move for- Day theme was ‘‘Explore America’s than eight chiefs of staffs, five or six ward for national defense and our own Backyard,’’ recognizing that many vol- office press secretaries, eight com- homeland security. unteers go to nearby public lands for Madam President, I appreciate the mittee chief counsels, and literally recreation and to enjoy the outdoors. opportunity to speak, and I yield the hundreds of staff assistants, aides and These volunteers will put in a day of floor. interns. She was, of course, correct. real work on needed projects ranging The PRESIDING OFFICER. Who Holly was ‘‘the standard’’ when it came from trail construction and repairs to yields time? to professionalism, hard work, integ- habitat restoration to making public Mr. NELSON of Nebraska. Madam rity and public service in a United lands more accessible for disabled visi- President, I suggest the absence of a States Senate office. tors. quorum. It is not an exaggeration to say that This year’s signature event was held The PRESIDING OFFICER. The ‘‘everyone’’ knew Holly. Whether you at Anacostia Park in Washington, D.C. clerk will call the roll. were from South Carolina, or were a where over 400 volunteers cleared The legislative clerk proceeded to Washington, D.C. fixture, if you were brush, removed trash and debris, plant- call the roll. around politics, you knew, and you ed trees and grasses, and constructed Mr. REID. Mr. President, I ask unan- came to love, Holly Richardson. From benches and boardwalk trails. These imous consent that the order for the Presidents and First Ladies, to Sen- volunteers were joined by key dig- quorum call be rescinded. ators and their spouses, to everyday nitaries: Washington, D.C. Mayor An- The PRESIDING OFFICER (Mr. DAY- working men and women who would thony Williams, the current Miss USA, TON). Without objection, it is so or- call my office, Holly was beloved at Shauntay Hinton, National Park Serv- dered. every level of life. ice Director Fran Mainella, Forest S9590 CONGRESSIONAL RECORD — SENATE September 30, 2002 Service Assistant Chief Sally Collins, areas. What we must not do is unrea- ference receiver in 1972 and 1973 and be- and Army Corps of Engineers Brigadier sonably restrict or eliminate certain came the Bulldogs’ all-time leading re- General Carl Strock. activities. Some people like to hike in ceiver. He was also the first Alabama The first National Public Lands Day, backcountry areas where they can find A&M player to be selected to partici- in 1994, was sponsored by three Federal peace and solitude while others prefer pate in the Senior Bowl, college foot- agencies and attracted 700 volunteers to ride ATVs into the woods. Some pre- ball’s premiere all-star game in Mobile. in three sites. This year marks the fer to camp in more developed facilities He was selected by the NFL Pitts- ninth annual event which involved ap- while others prefer primitive spots. burgh Steelers in the fourth round of proximately 70,000 volunteers, who per- The point is that recreational opportu- the 1974 NFL draft, the 82nd player formed over eight million dollar’s nities on our public lands should be as taken that year. I think a few teams worth of improvements to our public diverse as the American public’s inter- around the league kicked themselves lands at nearly 500 locations in every ests. later for passing him up when they saw state. This effort involved over 19 Fed- On the same note, we can use the what he could do on the football field. eral, State, local, and private partners natural resources we need in an envi- After spending his first year as an un- on sites identified by eight Federal ronmentally responsible manner and derstudy, he became a starter in his agencies. still have plenty of opportunities to second season and held that job with I believe National Public Lands Day recreate. In fact, recreation, resource, the Steelers for the rest of his 14 year, is an opportunity to build a sense of and environmental interests can team 165-game career. The 6–2, 191 pound re- ownership by Americans—through per- together to help each other out. In my ceiver teamed first with Lynn Swann sonal involvement and conservation own State of Idaho, on the Nez Perce and later with Louis Lipps to give the education. National Forest, representatives of Steelers unusually potent pass-receiv- In recognition of National Public these interests and many others have ing tandems. Stallworth caught 537 Lands Day and this sense of ownership come together through a stewardship passes for 8,723 yards and 63 touch- we should all have for our public lands, project. These groups are working with downs, all Steelers team records. I want to spend a few minutes today the Forest Service to implement a Stallworth won four Super Bowl cham- and reflect on the value of our public project that works for everyone and ad- pionships playing in Super Bowls IX, X, lands and on what the future holds for dresses all of their needs in some fash- XIII, and XIV. He played in six AFC them. ion. In order to achieve such success, championship games and had 12 touch- There are around 650 million acres of each group has had to compromise to downs and 17 consecutive postseason public lands in the United States. This agree on a prescription that works for games with at least one reception. represents a major portion of our total everyone. This is just one example of Stallworth, who scored the winning land mass. However, most of these differing interests working together to touchdown on a 73-yard reception in lands are concentrated in the West, help each other out and improve the Super Bowl XIV, holds Super Bowl where as much as 82 percent of a state opportunities on our public lands for records for career average per catch— can be composed of Federal land. In everyone. We need to see more of this 24.4 yards—and single game average, fact, 63 percent of my own home State around the country. 40.33 yards, in Super Bowl XIV. He was of Idaho is owned by the Federal Gov- Public land management has become an All-Pro in 1979 and played in four ernment. embroiled in fights, appeals, and litiga- Pro-Bowls. He was voted MVP by his This can be beneficial, as our public tion. The result is that the only ones teammates twice: in 1979 and 1984. lands have a lot to offer. For starters, who are winning are those who want to Terry Bradshaw and Jack Lambert are there are numerous resources available ensure we don’t use our public lands. the only other players who have re- on our public lands—from renewable This must stop. Differing interests ceived that honor two times. forests to opportunities to raise live- have to come together and realize that Stallworth was named to the Steelers’ stock to oil and minerals beneath the we all have one common goal—use of All-Time Team in 1982 and the Ala- surface—public lands hold a great deal the land in a responsible manner. We bama Sports Hall of Fame in 1989. of the resources we all depend on to can not continue to make the same Never known for excessive celebra- live the lives we enjoy. mistakes of the past on our public tion or as one who sought individual Having resources available on public lands. attention, Hall of Fame Coach Chuck lands affords us the opportunity for a That being said, I would like each of Noll said of Stallworth: return on those resources to help fund my colleagues to think about how pub- John is a very special person. He is very government services, from schools to lic lands benefit their state and how much a team man and you need that to be successful. roads to national defense, and ease the they might work to support the new burden on taxpayers. generation that is working to make Following his Hall of Fame football Just as important, though, are the each day National Public Lands Day. career, Mr. Stallworth returned to recreation opportunities our public Huntsville, Alabama completed his f lands offer. Every day, people hike and MBA from Alabama A&M. Since then, pack into the solitude of wilderness ADDITIONAL STATEMENTS he has achieved great success in the areas, climb rocks, ski, camp, snow- field of business. He is Cofounder, mobile, use off-road vehicles, hunt, President, and Chief Executive Officer fish, picnic, boat, swim, and the list JOHN STALLWORTH of Madison Research Corporation in goes on. Because the lands are owned ∑ Mr. SESSIONS. Mr. President, I rise Huntsville, Alabama. Under Mr. by all of us, the opportunity has ex- today to recognize the achievements of Stallworth’s leadership, the Madison isted for everyone to use the land with- John Stallworth on the occasion of his Research Corporation has emerged as in reasonable limits. recent induction into the Pro Football one of the premier technology compa- However, times are changing. We are Hall of Fame on August 4, 2002. nies in the State of Alabama with 2001 in the midst of a slow and methodical Mr. Stallworth was born on July 15, revenues of over $60 million and a cur- attack on our access to public lands. It 1952 in Tuscaloosa, AL. At the age of 5 rent staff of over 650 people. Some of started with the resources industries. he was told by doctors that he had his company’s clients include: the De- It will not stop there. At the same time polio, later found to be a mis-diagnosis. partment of Defense, all the military some radical groups are fighting to Mr. Stallworth overcame that hurdle services, the Department of Energy, halt all resource management on our to excel at a number of sports. In high NASA, the Defense Intelligence Agen- public lands, they are working to re- school, he served as captain of his cy, and a number of Fortune 500 com- strict and, in some cases, eliminate school’s football team and went on to panies. As a result of Mr. Stallworth’s human access to our public lands for play his college ball at Alabama A&M leadership, Washington Technology recreation. located in Normal, Alabama just out- Magazine ranked Madison Research Yes, we must manage our public side of Huntsville. While at Alabama Company #11 of the nation’s top 25 lands responsibly, which includes re- A&M, Mr. Stallworth was an All- small, minority-owned technology strictions on some activities in some Southern Intercollegiate Athletic Con- companies. The company also received September 30, 2002 CONGRESSIONAL RECORD — SENATE S9591 the 1998 Better Business Bureau of gations this Nation has to the Indian claims exist in other eastern states; in North Alabama’s Torch Award for mar- people of South Dakota as spelled out Maine, the likely invalidity of a 1795 state- ket ethics. This award was presented in by the treaties entered into by the tribal treaty clouded land titles covering United States Government and the about sixty percent of the State until legis- recognition of Madison Research’s lation settled the issue. See Joint Tribal commitment to ethics in business. Mr. tribes of South Dakota. Especially at Council of Passamaquoddy Tribe v. Morton, 528 Stallworth also received the 1997 Re- the urging of President John Steele of F.2d 370, 1st Cir.1975; Maine Indian Claims gion IV Minority Small Business Per- the Oglala Sioux Tribe and Chairman Settlement Act, P.L. 96–420, 94 Stat. 1785, son of the Year Award, presented by Andrew Grey of the Sisseton-Wahpeton 1980. the Small Business Administration. Sioux Tribe, I offer this statement per- Not only is the treaty-making power exclu- Mr. Stallworth’s dedication did not taining to this issue of critical impor- sively federal, it is almost entirely presi- end with football or business. He has tance to the tribes located within my dential. While it is true that two-thirds of given of himself to the city of Hunts- home State of South Dakota. As you the Senate must concur in any treaty, the ville and the people of Alabama and know, the South Dakota tribes have a initiation of the process and the terms of ne- gotiation are inevitably controlled by the they recently recognized his accom- proud history of providing leadership to Indian issues. I thank President executive branch. Indeed, there were many plishments with ‘‘John Stallworth Day instances, especially in California, where ex- Steele and Chairman Grey for helping in Huntsville’’. At the celebration Mel ecutive officials negotiated treaties and Blount, himself a Hall of Famer, spoke me understand this issue. It is with the acted upon them despite the failure of the of Stallworth: utmost respect that I share with you Senate to ratify them. In the middle of the John Stallworth exemplifies what a true some of our tribes’ perspective on what eighteenth century, Congress and particu- professional is all about, not just in football treaties mean to them, as follows: larly the House of Representatives grew in- but in the business world and in life. It is important to note that each of the creasingly resentful of being excluded from Tribes located in the State of South Dakota the direction of Indian affairs. The ultimate Mr. Stallworth has served on a num- have entered into treaties with the Federal result was the passage in 1871 of a rider to an ber of boards including the United Government. All federally recognized Indian Indian appropriations act providing that ‘‘No Way, the Museum of Aviation, the tribes and villages are often categorized into Indian nation or tribe . . . shall be acknowl- Madison County Chamber of Com- the same class. However, important rights edged or recognized as an independent na- merce, the U.S. Space Camp, Harris were guaranteed to the South Dakota tribes tion, tribe, or power with whom the United Home for Underprivileged Children, by treaty, and many of these rights continue States may contract by treaty.’’ 25 U.S.C.A. and Alabama A&M University. He has to be enforceable today. From the first trea- Sec. 71. The rider also specified that existing treaty obligations were not impaired. As an been active with the Huntsville Boys ty with the Delawares in 1787 until the end of treaty-making in 1871, hundreds of agree- attempt to limit by statute the President’s and Girls Club, the United Negro Col- ments were entered between the Federal constitutional treaty-making power, the lege Fund, the Children’s Advocacy Government and various bands and tribes of rider may well be invalid, but it accom- Center, the Rotary Club of Huntsville, Indians. Provisions of the treaties differ plished its purpose nonetheless by making it the Alzheimer’s Association of Greater widely, but it was common to include a guar- clear that no further treaties would be rati- Huntsville, and Big Brothers/Big Sis- antee of peace, a delineation of boundaries, fied. Indian treaty-making consequently ters of North Alabama to name a few. often with a cession of specific lands from ended in 1871. Thereafter formal agreements He is also chairman of the Board of Di- the tribe to the Federal Government, a guar- made with the tribes were either approved by antee of Indian hunting and fishing rights, rectors of the John L. Stallworth both houses of Congress or were simply em- often applying to the ceded land, a state- bodied in statutes. Scholarship Foundation which helps to ment that the tribe recognized the authority Congress, in declaring that Indian tribes promote the education of our youth. or placed itself under the protection of the should no longer be acknowledged as inde- I have had the opportunity to get to United States, and an agreement regarding pendent political entities with whom the Un- the regulation of trade and travel of persons know John Stallworth over the years tied States might contract by treaty, did not in the Indian territory. Treaties also com- and I can say that I am proud to call end the tribal organization of Indian commu- monly included agreements by each side to him my friend. He has served on my nities. The solution to the 1871 Act was the punish and compensate for acts of depreda- technology advisory committee and use of ‘‘treaty substitutes that consisted of tion by ‘‘bad men’’ among their own number, has been an asset to my work here in agreements that were directed and author- a clause that still can support a claim ized by Congress. Yet, other agreements were the Senate. He has never hesitated to against the Unites States. See Tsosie v. negotiated by the Indian Office to solve par- provide me with expert counsel on im- United States, 825 F.2d 393 (Fed.Cir. 1987). ticular needs or resulted from Indian initia- portant issues that have come before Indian treaties stand on essentially the tive. Most concerned cessation of land or same footing as treaties with foreign na- the Senate. It is very satisfying for me other modification of boundaries whereby tions. Because they are made pursuant to to see how he has overcome adversity the need to declare peace between two sov- the Constitution, they take precedence over in his life to achieve greatness as a pro- ereign nations was no longer an essential any conflicting State laws by reason of the fessional and as a human being. His ac- goal. Although such agreements were similar Supremacy Clause. U.S. Const., Art. VI, Sec. complishments on and off the field to treaties, Tribal consent was no longer a 2; Worcester v. Georgia, 31 U.S. (6 Pet.) 515 prerequisite to establish a binding agree- have inspired thousands of our young (1832). They are also the exclusive preroga- ment. people to strive for excellence and I ap- tive of the Federal Government. The First plaud his efforts. The People of the Trade and Intercourse Act, 1 Stat. 137 (1790), Many reservations were established by Ex- State of Alabama are proud to call him forbade the transfer of Indian lands to indi- ecutive Order issued by the President of the our native son. viduals or States except by treaty ‘‘under United States. Although no general law ex- I am proud to recognize the accom- the authority of the United States.’’ This isted authorizing set asides for Indian use, Congress and the public acquiesced and the plishments of a great American and Al- provision, repeated in later Trade and Inter- course Acts, has become of tremendous im- Courts upheld the action. Executive orders abamian, John Stallworth.∑ portance in recent years, for several eastern differed from treaties wherefore they could f States negotiated large land cessions from be easily changed and a new one substituted Indian tribes near the end of the eighteenth as occasion demanded. They were neither TREATY TRIBES LOCATED IN THE century. In County of Oneida v. Oneida In- uniform in terminology nor scope. In addi- STATE OF SOUTH DAKOTA dian Nation, 470 U.S. 226, (1985), the Court tion, a reservation could be established by ∑ Mr. JOHNSON. Mr. President, I am held invalid a treaty entered in 1795 between administrative action prior to the issuance of an executive order and later sanctioned by honored to represent a State that has the Oneidas and the State of New York. The treaty, which had been concluded without the official action taken by the President. A nine treaty tribes. It has become in- the participation of the Federal Government, 1952 Report by the Commissioner of Indian creasingly clear that nothing is more transferred 100,000 acres of Indian lands to Affairs found that of the total of 42,785,935 important to the tribes of South Da- the state. The Court held that the tribe still acres of Tribal trust land only 9,471,081 acres kota than the recognition of the obli- had a viable claim for damages. Similar had been established by Treaty S9592 CONGRESSIONAL RECORD — SENATE September 30, 2002 and the remaining 23,043,439 acres of trust their fists. Investigators believe the team play and exceptional manage- land were established by executive order. victim was targeted because of his sex- ment both on and off the field. Federally-recognized Indian tribes in ual orientation. We are fortunate that this baseball South Dakota signed the Treaty of Fort Lar- I believe that Government’s first amie with the desire to declare peace and season is being played to its rightful thereby perpetuate a Nation-to-Nation rela- duty is to defend its citizens, to defend conclusion and that crisis was avoided tionship with the Federal Government. The them against the harms that come out on August 30, when negotiators for common misperception that most Tribes of hate. The Local Law Enforcement team owners and the Major League have entered into treaties with the United Enhancement Act of 2001 is now a sym- Baseball Players Union reached a new States serves as a great injustice to Tribes bol that can become substance. I be- collective bargaining agreement. An- who have entered into such formal and sol- lieve that by passing this legislation nounced just two hours before another emn agreements. In 1890 there were 162 es- and changing current law, we can work stoppage, this agreement saved tablished Tribes; 56 of those were established change hearts and minds as well.∑ by executive order, 6 by executive order professional baseball from a disastrous under the authority of Congress, 28 by acts of f screeching halt to yet another baseball Congress, 15 by treaty and executive order, 5 WELCOMING TAIWAN’S FIRST season. by treaty or agreement and an act of Con- LADY, WU SUE-JEN With this agreement baseball can gress, 1 by unratified treaty and 51 by treaty now go about the business of assessing or agreement. The treaty establishing the ∑ Mr. ALLEN. Mr. President, I want to South Dakota Tribes is a contract nego- welcome Madame Chen Wu Sue-jen, the future of the sport in Montreal. It tiated between sovereign nations, relating to First Lady of Taiwan, to the United is unfortunate that this fine city, its peace and alliance formally acknowledged by States. team with a number of outstanding the signatories of the nations. The United Madame Chen is a great champion of players, and its fans have been left in States entered into such agreement because democracy, both at home and abroad. I limbo for the past year over the future they desired peace and cessions of land from of the franchise. For a large number of the Sioux Tribes, and in return they made applaud her efforts to learn from Amer- ica’s experiences so that she can take Vermonters, Montreal provides the promises that must be upheld. In conclusion, closest major league venue. This fran- it is appropriate to recognize the special sta- those lessons back to Taiwan and its tus of the treaty tribes located in South Da- evolving democracy. chise is the major league affiliate for kota.∑ During her stay in the United States, our own minor league Vermont Expos. There are many dedicated Expos fans f Madame Chen has met with many of our nation’s finest scholars and states- in my State. Several local towns are GUADALUPE MOUNTAINS men. She has brought with her a won- doing their best to show their support NATIONAL PARK derful example of leadership, charity for keeping the Expos in Montreal. I ∑ Mr. BINGAMAN. Mr. President I rise and devotion to the American people ask that a letter recently sent by the today to congratulate the staff and and continues to strive for human St. Albans Town Selectboard to the supporters of Guadalupe Mountains Na- rights and justice at home. Mayor of Montreal be printed in the tional Park as we mark the 30th anni- I congratulate Madame Chen on her RECORD. versary of this great natural treasure. accomplishments and welcome her to The letter follows: Thirty years ago, the National Park the United States. We look forward to AUGUST 12, 2002. Service established the Guadalupe continued friendship with Madame Mayor GERALD TREMBLAY, Mountains National Park along the Chen and the Taiwanese people.∑ Montreal, Quebec. MAYOR TREMBLAY, the St. Albans Town southeastern border of New Mexico and f west Texas. Selectboard wishes to express our utmost Guadalupe Mountains National Park PEACEFUL END TO A TENSE hope that the city of Montreal tries every- BASEBALL SEASON thing possible to help retain the Montreal treasures and protects desert lowlands, Expos. canyons, and a relic forest of pines and ∑ Mr. LEAHY. Mr. President, yester- Montreal is a beautiful international city firs. It also includes one of the world’s day marked the end of the Major with much diversity and many different greatest examples of a non-coral fossil League Baseball regular season. Fans types of cultures. We believe the Expos are a reef. In addition, the rich cultural his- everywhere have enjoyed a season with large part of the city and it serves to bring tory and economic opportunities it pro- Barry Bonds leading the league in hit- many people from Northern Vermont to your vides to the region is part of the park’s ting, Alex Rodriguez hitting 57 home city every year. significance. runs, and Randy Johnson and Curt With a downtown stadium, we believe the Throughout my time in the Senate I Schilling combining as perhaps the Expos can flourish once again and help at- have worked to protect our natural, greatest pitching duo ever. It has been tract many more tourists to your wonderful cultural, and historical resources. The a tremendous season of achievement city. We hope that you and your government Guadalupe Mountains National Park is for many teams. The Minnesota Twins, are trying everything possible to work with new-interested buyers. a prime example of the natural beauty a team Commissioner Selig wanted to of the Southwest. I hope this refuge disband last off-season, won the Amer- If the Town of St. Albans can be of assist- ance please feel free to contact us. will provide enjoyment for many future ican League Central Division. The Oak- generations.∑ land A’s set an American League Cordially Yours, TAYT R. BROOKS, f record with a 20-game winning streak Vice-Chair. and won the American League’s West- LOCAL LAW ENFORCEMENT ACT ern Division. Mr. President, through repeated OF 2001 Eight teams, and fans from across hearings in the Judiciary Committee, ∑ Mr. SMITH of Oregon. Mr. President, the country and around the world, are Congress has tried to help the major I rise today to speak about hate crimes now gearing up for an exciting playoff league baseball owners and players find legislation I introduced with Senator season. The Twins and the A’s, as well common ground. After the last work KENNEDY in March of last year. The as the Anaheim Angels, the St. Louis stoppage, we culminated almost a dec- Local Law Enforcement Act of 2001 Cardinals and the San Francisco Gi- ade of hearings examining labor strife would add new categories to current ants, have earned the opportunity to and other problems in major league hate crimes legislation sending a sig- continue into the playoffs, to compete baseball, when we enacted the Curt nal that violence of any kind is unac- for a pennant and even the World Se- Flood Act in 1998. Senator HATCH was ceptable in our society. ries championship along with last the lead sponsor of that measure, and I I would like to describe a terrible year’s champion Arizona was his principal cosponsor. It was a crime that occurred June 20, 2001 in Al- Diamondbacks, the New York Yankees bipartisan effort to clarify the law. By bany, NY. A gay man was beaten while and the Atlanta Braves. They are not that effort we hoped to promote labor sitting on a bench next to a bike path. the eight teams with the highest pay- peace in Major League Baseball. The assailants, three teens, approached rolls or biggest markets. They do share The principle purpose of the law was the victim, used anti-gay slurs, and re- a few things in common: talented play- to make clear that federal antitrust peatedly punched him in the head with ers having outstanding seasons, great laws apply to the relationships September 30, 2002 CONGRESSIONAL RECORD — SENATE S9593 between major league team owners and President Reagan addressed the Korean of the General Assembly on the very day players. Clarifying the law was in- National Assembly on November 12, when we should have been celebrating the tended to contribute to an atmosphere 1983, and said to the people of South International Day of Peace at the Par- liament of Man. in which management and labor, own- Korea: ‘‘In these days of turmoil and 8:48 a.m.—And the world as we knew it ers and players would resolve their dif- testing, the American people are very changed forever in a millisecond. The Day of ferences through collective bargaining thankful for such a constant and de- Terror and the aftermath was, is and con- rather than through work stoppages. I voted ally. Today, America is grateful. tinues to be a shock for the world. Ameri- hope that the Curt Flood Act and our to you.’’ cans and friends around the globe are reeling President Reagan and his administra- from the attack on America’s sovereignty. efforts over the last several years, in- As a diplomat working for you at your cluding the hearing we held this Con- tion stood by South Korea during a United Nations I have a perspective on the gress at the requests of Senators volatile and historic period, including catastrophe. I am going to place my citizen WELLSTONE, DAYTON, DORGAN and the North Korean terrorist bombing of of the United States hat on with these few JOHNSON, contributed in some small Korean Airlines flight 858 in November observations—observations that I sincerely way to creating a legal framework and 1987, which killed 115 South Korean regret to make on an occasion when we citizens; the first peaceful transfer of should all be in celebration of Peace. atmosphere in which the parties could This war will be won or lost by the Amer- resolve their differences through agree- power from President Chun Doo Hwan ican citizens, not diplomats, politicians or ment. to President Roh Tae Woo in February soldiers. Fortunately, baseball has avoided its 1988; and the 1988 Summer Olympics in In spite of what the media is telling us, ninth work stoppage since 1972. During Seoul. this act was not committed by a group of the previous eight work stoppages, As we see both opportunity and risk mentally deranged fanatics. To dismiss them 1,736 games were lost—including 938 on the Korean Peninsula, including the as such would be among the gravest of mis- recent ground breaking visit of Japa- takes. This attack was committed by a fero- that were wiped out because of the cious, intelligent and dedicated adversary. 1994–95 labor war. Clearly, another nese Prime Minister Junichiro Koizumi Don’t take this the wrong way. I don’t ad- work stoppage would have had serious to Pyongyang, the commitment of mire these men and I deplore their tactics, consequences for the professional President Reagan and the United but I respect their capabilities. The many game. I congratulate Commissioner States to peace through strength on parallels that have been made with the Japa- Selig, Bob Dupuy and their team and the Korean peninsula and throughout nese attack on Pearl Harbor are apropos. It was a brilliant sneak attack against a com- Don Fehr and his team on reaching an Asia and the world remains strong. Mr. President, I ask that the state- placent America. accord. These men hate the United States with all Earlier this year Forbes Magazine es- ment of Ambassador Joseph Verner of their being, and we must not underesti- timated that the New York Yankees Reed, who last year accepted the Great mate the power of their moral commitment. were worth $730 million. The New York World Peace Award on behalf of Presi- Napoleon, perhaps the world’s greatest com- Mets were the next-highest valued dent Reagan, be printed in the RECORD. bination of soldier and statesman, stated The statement follows. ‘‘the moral is the physical as three is to franchise at $482 million, followed by one.’’ Our enemies are willing—better said, the Los Angeles Dodgers ($435 million) REMARKS BY AMBASSADOR JOSEPH VERNER REED ON THE OCCASION OF THE AWARDING TO anxious—to give their lives for their cause. and the Boston Red Sox ($426 million). In addition to the demonstration of great PRESIDENT RONALD W. REAGAN THE GREAT moral conviction, the recent attack dem- Even, the Montreal Expos franchise WORLD PEACE AWARD, KYUNG HEE UNIVER- onstrated a mastery of some of the basic fun- was valued at over $100 million. The av- SITY, SEOUL, REPUBLIC OF KOREA, SEP- damentals of warfare namely: simplicity, se- erage annual salary for major league TEMBER 27, 2001 curity and surprise. players this season reportedly is $2.8 AMERICA This was not a random act of violence, and million. ‘‘One flag, we can expect the same sort of military com- We all hope the recent labor agree- one land, petence to be displayed in the battle to ment marks a new era of cooperation one heart, come. in Major League Baseball. I remind one hand, This war will escalate, and a good portion one Nation, of it may happen right in the United States. both the owners and the players that These men will not go easily into the evermore.’’ the responsibility for preserving the night. They do not fear us. We must not fear best of our national pastime—and for —Oliver Wendell Holmes them. In spite of our overwhelming conven- restoring the faith and enthusiasm of Chancellor YOUNG SEEK CHOUE, tional strength as the world’s only ‘‘super- the fans across the United States—is DISTINGUISHED FRIENDS: It is a signal power’’, we are the underdog in this fight. As their opportunity in the coming honor for me to be in Seoul, the noble nation you listen to the carefully scripted rhetoric months and years. of the Republic of Korea to represent Presi- designed to prepare us for the march for war, May all of the fans of professional dent Ronald W. Reagan and to accept on the please realize that America is not equipped baseball enjoy an exciting post-season, President’s behalf the Great World Peace or seriously trained for the battle ahead. To Award from Keyung Hee University. be certain, our soldiers are much better than and I wish each of the playoffs teams I have the highest regard for Chancellor the enemy, and we have some excellent well.∑ Choue. I stand with great respect for the ‘‘counter-terrorist’’ organizations, but they f Chancellor’s extraordinary achievements in are mostly trained for hostage rescues, air- RONALD REAGAN the world of education and in his untiring field seizures, or the occasional ‘‘body quest to seek peace on our troubled planet. snatch,’’ (Which may come in handy). We ∑ Mr. HAGEL. Mr. President, I rise As the godfather of the International Day of will be fighting a war of annihilation, be- today to recognize one of our greatest Peace his legacy is assured by leaders around cause if their early efforts are any indica- American Presidents and one of the the globe. As a spirited leader in education tion, our enemies are ready and willing to most important world leaders of the in this great country of Korea his fame and die to the last man. Eradicating the enemy 20th century, the 40th President of the presence in modern day Korean history is al- will be costly and time consuming. They ready set in granite. I salute the Chancellor. United States, Ronald Reagan. have already deployed their forces in as President Reagan is a most deserving lead- many as 20 countries. They are likely living One year ago, Kyung Hee University er to receive this Award. The President’s the lives of everyday citizens as ‘‘next door.’’ in Korea awarded President Reagan the close friend and colleague Charles Z. Wick, Simply put, our soldiers will be tasked with Great World Peace Award for his com- who was a senior official in both Reagan Ad- a search and destroy mission on multiple for- mitment to world peace. ministrations, was to have journeyed to eign landscapes, and the public must be pa- President Reagan was a steadfast and Seoul to accept the Award. The Day of Ter- tient and supportive until the strategy and true friend of South Korea. Former ror precluded that. tactics can be worked out. I stand humbly before you to accept the Secretary of State George Shultz wrote For the most part, our military is still in Award for the President. Having served in the process of redefining itself and presided that ‘‘To Ronald Reagan, South Korea President Reagan’s two Administrations— over by men and women who grew up with, was a stalwart ally and a valiant sym- first as envoy to the Kingdom of Morocco and were promoted because they excelled bol of resistance to communism.’’ The and then as envoy to the United Nations, I in—‘‘The Cold War—doctrine, strategy and Soviet downing of the Korean Airlines appreciate and applaud what the President tactics. This will not be linear warfare, there flight 007 in September 1983, and the did in searching for peace—the President’s will be no clear ‘‘centers of gravity’’ to terrorist bombing the next month that vision brought stability to the globe. Presi- strike with high technology weapons. killed 16 South Koreans, including For- dent Reagan defined and symbolized Peace— America’s vast technological edge will cer- peace among mankind. tainly be helpful, but it will not be decisive. eign Minister Lee Bum Suk and 3 Cabi- I stand before you as an American. Perhaps the perfect metaphor for the coming net ministers, only reinforced Presi- THE WAR AGAINST THE TERRORIST battle was introduced by the terrorists dent Reagan’s determination to visit September 11.—I was on my way to the themselves aboard the hijacked aircraft— the Republic of Korea that November. United Nations to participate in the opening this will be ‘‘a knife fight’’, it will be won or S9594 CONGRESSIONAL RECORD — SENATE September 30, 2002 lost by the ingenuity and will of citizens and diesel-fueled dragster named ‘‘Wild pro tempore (Mr. BYRD) on September soldiers, not by software or ‘‘smart bombs’’’. Thang.’’ Wild Thang is a family affair 30, 2002. Unlike Americans, who are eager to put for the Smiths. Mark Smith drives the f this messy time behind us, our adversaries dragster, assisted by his wife Shelia have time on their side, and they will use it. ENROLLED BILL SIGNED They plan to flight a battle of attrition, hop- and sons Jared and Cannon. Their inge- ing to drag the battle out until the American nuity has helped showcase the limitless At 2:41 p.m., a message from the public loses its will to fight. potential of biofuels. They make me House of Representatives, delivered by It is clear to me that the will of the Amer- proud to be a Missourian. Ms. Niland, one of its reading clerks, ican citizenry is the center of gravity the Wild Thang is fueled 100 percent by announced that the Speaker has signed enemy has targeted. It will be the fulcrum biodiesel, a soybean-based renewable the following enrolled bill: upon which victory or defeat will turn. fuel that can help us rely on the Mid- S. 1325. An act to ratify an agreement be- The Prussian General Carl von Clausewitz, west, rather than the Middle East to says that there is a ‘‘remarkable trinity of tween the Aleut Corporation and the United war’’ that is composed of (1) the will of the meet our energy needs. The Smiths are States of America to exchange land rights people, (2) the political leadership of the gov- proving in appearances across the Na- received under the Alaska Native Claims ernment, and (3) the chance and probability tion that soybean-based biodiesel can Settlement Act for certain land interests on that plays out on the field of battle—in that perform under the most rigorous condi- Adak Island, and for other purposes. order. Every American citizen, not just those tions. Wild Thang produces 6,000 The enrolled bill was signed subse- who were unfortunate enough to be in the pounds of thrust and five g’s of force quently by the President pro tempore World Trade Center or Pentagon, was in the against the driver’s body while accel- (Mr. BYRD). crosshairs of last Tuesday’s attack. The will erating. In just 3.8 seconds, Wild Thang of the American people will decide this war. f 1 If America is to win, it will be because we can travel ⁄8 of a mile. have what it takes to persevere through a I commend the Smith family and MEASURES PLACED ON THE few more hits, learn from our mistakes, im- their network of supporters for their CALENDAR provise and adapt. If we can do that, we will hard work. They are tremendous am- The following bills and joint resolu- eventually prevail. bassadors for rural Missouri and for tion were read the second time, and New York’s remarkable response to the biodiesel. I am confident that the fu- placed on the calendar: catastrophic attack at the World Trade Cen- ture will prove that the efforts of the H.R. 4691. An act to prohibit certain abor- ter has been well documented. Above the Smith family are playing a key role in tragic din, at the very highest level of gov- tion-related discrimination in governmental ernment, have come the essential voices of promoting of farmer-produced biofuels. activities. sanity. In closing, may I say that after all These fuels have unlimited potential to S. 3009. A bill to provide economic security that has just passed, all the lives taken and revitalize rural economies while pre- for America’s workers. all the possibilities and hopes that died with serving the environment. I commend S.J. Res. 45. Joint resolution to authorize them, it is natural to wonder if America’s fu- the Smith family’s achievements, and the use of United States Armed Forces against Iraq. ture is one of fear. Some speak of an age of wish them continued success as they terror. With the obscene toll of those lost continue their exciting endeavor.∑ f climbing above 6,000, it is hard to speak without rage. f ENROLLED BILLS PRESENTED In Korea and on this Peninsula you have MESSAGES FROM THE PRESIDENT The Secretary of the Senate an- known all too well the ravages of war and oc- nounced that on today, September 30, cupation. It is therefore why I have taken Messages from the President of the you time today to share my observations on United States were communicated to 2002, she had presented to the President the world we live in and what we may have the Senate by Ms. Evans, one of his of the United States the following en- to expect. I know there are struggles ahead secretaries. rolled bill: and dangers to face. As an American and a S. 238. An act to authorize the Secretary of f friend of the Republic of Korea I can say the Interior to conduct feasibility studies on frankly that I believe America will define EXECUTIVE MESSAGES REFERRED water optimization in the Burnt River basin, our times, not be defined by them. As long as Malheur River basin, Owyhee River basin, the United States of America is determined As in executive session the PRE- and Powder River basin, Oregon. and strong, this will not be the age of terror. SIDING OFFICER laid before the Sen- S. 1175. An act to modify the boundary of This will be the age of liberty in America ate messages from the President of the Vicksburg National Military Park to include and across the world. United States submitting sundry nomi- the property known as Pemberton’s Head- I know you will join me in extending our nations which were referred to the ap- quarters, and for other purposes. deepest sympathies to the thousands affected propriate committees. S. 1325. An act to ratify an agreement be- by the tragic events of September 11. It was (The nominations received today are tween the Aleut Corporation and the United a Day of Terror and the aftermath has been printed at the end of the Senate pro- States of America to exchange land rights of unspeakable pain. Our hearts and prayers received under the Alaska Native Claims extend to all—the victims, their families and ceedings.) Settlement Act for certain land interests on all those who hold America so dear. f Adak Island, and for other purposes.––– Chancellor Choue—on behalf of President Ronald W. Reagan I extend great thanks to MESSAGES FROM THE HOUSE f you for offering the President this Award. REPORTS OF COMMITTEES With humbleness, with honor and with great pride, I accept on behalf of President Ronald ENROLLED BILL SIGNED The following reports of committees Reagan, this most distinguished Award—The were submitted: Under the authority of the order of Great World Peace Award. By Mr. KENNEDY, from the Committee on Chancellor Choue, ladies and gentleman, the Senate of January 3, 2001, the Sec- retary of the Senate, on September 30, Health, Education, Labor, and Pensions, keep faith in America—the outcome of the with amendments: battle is certain. 2002, during the recess of the Senate, S. 2998: A bill to reauthorize the Child God Bless America! received a message from the House of Abuse Prevention and Treatment Act, the Thank you! Representatives announcing that the Family Violence Prevention and Services Happy Chusok.∑ Speaker has signed the following en- Act, the Child Abuse Prevention and Treat- f rolled bill: ment and Adoption Reform Act of 1978, and H.R. 1646. An act to authorize appropria- the Abandoned Infants Assistance Act of HONORING BIODIESEL-FUELED 1988, and for other purposes. (Rept. No. 107– DRAGSTER tions for the Department of State for fiscal year 2003, to authorize appropriations under 292). ∑ Mrs. CARNAHAN. Mr. President, I the Arms Export Control Act and the For- By Mr. HOLLINGS, from the Committee wish to take this opportunity to recog- eign Assistance Act of 1961 for security as- on Commerce, Science, and Transportation, nize a remarkable achievement receiv- sistance for fiscal year 2003, and for other with amendments: purposes. S. 2949: A bill to provide for enhanced avia- ing worldwide attention from farmers, tion security, and for other purposes. (Rept. environmentalists, and racing fans. Under the authority of the order of No. 107–293). The Smith family of Puxico, MO, has the Senate of January 3, 2001, the en- By Mr. KENNEDY, from the Committee on set repeated world records with its bio- rolled bill was signed by the President Health, Education, Labor, and Pensions, September 30, 2002 CONGRESSIONAL RECORD — SENATE S9595 with an amendment in the nature of a sub- certain motor dealer transitional as- kota (Mr. DORGAN) was added as a co- stitute: sistance as an involuntary conversion, sponsor of S. Res. 322, A resolution des- S. 1806: A bill to amend the Public Health and for other purposes. ignating November 2002, as ‘‘National Service Act with respect to health profes- S. 2770 Epilepsy Awareness Month’’. sions programs regarding the practice of pharmacy. At the request of Mr. DODD, the S. RES. 325 names of the Senator from Massachu- At the request of Mr. SESSIONS, the f setts (Mr. KERRY) and the Senator from names of the Senator from Virginia INTRODUCTION OF BILLS AND Georgia (Mr. CLELAND) were added as (Mr. ALLEN) and the Senator from Or- JOINT RESOLUTIONS cosponsors of S. 2770, A bill to amend egon (Mr. WYDEN) were added as co- The following bills and joint resolu- the Federal Law Enforcement Pay Re- sponsors of S. Res. 325, Resolution des- tions were introduced, read the first form Act of 1990 to adjust the percent- ignating the month of September 2002 and second times by unanimous con- age differentials payable to Federal as ‘‘National Prostate Cancer Aware- sent, and referred as indicated: law enforcement officers in certain ness Month’’. high-cost areas. By Mr. BINGAMAN (for himself and S. CON. RES. 94 Mr. DOMENICI): S. 2869 At the request of Mr. MILLER, his S. 3015. A bill to designate the United At the request of Mr. KERRY, the name was added as a cosponsor of S. States courthouse at South Federal Place in names of the Senator from Vermont Con. Res. 94, A concurrent resolution Santa Fe, New Mexico, as the ‘‘Santiago E. (Mr. JEFFORDS), the Senator from Ar- expressing the sense of Congress that Campos United States Courthouse’’; to the kansas (Mr. HUTCHINSON), the Senator public awareness and education about Committee on Environment and Public from Washington (Ms. CANTWELL) and the importance of health care coverage Works. the Senator from New York (Mr. SCHU- is of the utmost priority and that a Na- By Mr. DASCHLE: S. 3016. A bill to amend the Farm Security MER) were added as cosponsors of S. tional Importance of Health Care Cov- and Rural Investment act of 2002 to require 2869, A bill to facilitate the ability of erage Month should be established to the Secretary of Agriculture to establish re- certain spectrum auction winners to promote that awareness and education. search, extension, and educational programs pursue alternative measures required S. CON. RES. 94 to implement biobased energy technologies, in the public interest to meet the needs At the request of Mr. WYDEN, the products, and economic diversification in of wireless telecommunications con- name of the Senator from Arkansas rural areas of the United States; to the Com- sumers. (Mrs. LINCOLN) was added as a cospon- mittee on Agriculture, Nutrition, and For- S. 2874 estry. sor of S. Con. Res. 94, supra. By Mr. LEVIN: At the request of Mr. DAYTON, the S. CON. RES. 135 S. 3017. A bill to amend title 18, United name of the Senator from Washington At the request of Mr. NICKLES, the States Code, to provide retroactive effect to (Mrs. MURRAY) was added as a cospon- name of the Senator from Rhode Island a sentencing safety valve provision; to the sor of S. 2874, A bill to provide benefits (Mr. REED) was added as a cosponsor of Committee on the Judiciary. to domestic partners of Federal em- S. Con. Res. 135, A concurrent resolu- f ployees. tion expressing the sense of Congress S. 2879 SUBMISSION OF CONCURRENT AND regarding housing affordability and At the request of Mr. GRASSLEY, the SENATE RESOLUTIONS urging fair and expeditious review by name of the Senator from Arkansas international trade tribunals to ensure The following concurrent resolutions (Mrs. LINCOLN) was added as a cospon- a competitive North American market and Senate resolutions were read, and sor of S. 2879, A bill to amend titles for softwood lumber. referred (or acted upon), as indicated: XVIII and XIV of the Social Security S. CON. RES. 138 By Mr. DASCHLE (for himself, Mr. Act to improve the availability of ac- At the request of Mr. REID, the name LOTT, Mr. INOUYE, and Mr. AKAKA): curate nursing facility staffing infor- of the Senator from Oregon (Mr. S. Res. 331. A resolution relative to the mation, and for other purposes. WYDEN) was added as a cosponsor of S. death of Representative Patsy T. Mink, of S. 2880 Hawaii; considered and agreed to. Con. Res. 138, A concurrent resolution At the request of Mr. BINGAMAN, the expressing the sense of Congress that f name of the Senator from New Mexico the Secretary of Health And Human ADDITIONAL COSPONSORS (Mr. DOMENICI) was added as a cospon- Services should conduct or support re- sor of S. 2880, A bill to designate Fort search on certain tests to screen for S. 278 Bayard Historic District in the State of ovarian cancer, and Federal health At the request of Mrs. MURRAY, her New Mexico as a National Historic care programs and group and indi- name was added as a cosponsor of S. Landmark, and for other purposes. vidual health plans should cover the 278, A bill to restore health care cov- S. 2903 tests if demonstrated to be effective, erage to retired members of the uni- At the request of Mr. JOHNSON, the and for other purposes. formed services. name of the Senator from Louisiana S. CON. RES. 142 S. 710 (Ms. LANDRIEU) was added as a cospon- At the request of Mr. SMITH of Or- At the request of Mr. KENNEDY, the sor of S. 2903, A bill to amend title 38, egon, the names of the Senator from name of the Senator from Montana United States Code, to provide for a Massachusetts (Mr. KENNEDY), the Sen- (Mr. BAUCUS) was added as a cosponsor guaranteed adequate level of funding ator from Maine (Ms. SNOWE), the Sen- of S. 710, A bill to require coverage for for veterans health care. ator from Arizona (Mr. MCCAIN), the colorectal cancer screenings. S. 2933 Senator from Massachusetts (Mr. S. 1712 At the request of Mr. BREAUX, the KERRY), the Senator from Kentucky At the request of Mr. GRASSLEY, the name of the Senator from Pennsyl- (Mr. BUNNING) and the Senator from names of the Senator from Nebraska vania (Mr. SANTORUM) was added as a Idaho (Mr. CRAIG) were added as co- (Mr. HAGEL) and the Senator from Indi- cosponsor of S. 2933, A bill to promote sponsors of S. Con. Res. 142, A concur- ana (Mr. LUGAR) were added as cospon- elder justice, and for other purposes. rent resolution expressing support for sors of S. 1712, A bill to amend the pro- S. 3005 the goals and ideas of a day of tribute cedures that apply to consideration of At the request of Mr. AKAKA, the to all firefighters who have died in the interstate class actions to assure fairer name of the Senator from Hawaii (Mr. line of duty and recognizing the impor- outcomes for class members and de- INOUYE) was added as a cosponsor of S. tant mission of the Fallen Firefighters fendants, and for other purposes. 3005, A bill to revise the boundary of Foundation in assisting family mem- S. 2726 the Kaloko-Honokohau National His- bers to overcome the loss of their fall- At the request of Mr. BINGAMAN, the torical Park in the State of Hawaii, en heroes. names of the Senator from Louisiana and for other purposes. S. CON. RES. 143 (Ms. LANDRIEU) and the Senator from S. RES. 322 At the request of Mr. INHOFE, the Michigan (Ms. STABENOW) were added At the request of Mrs. LINCOLN, the names of the Senator from North Da- as cosponsors of S. 2726, A bill to treat name of the Senator from North Da- kota (Mr. DORGAN) and the Senator S9596 CONGRESSIONAL RECORD — SENATE September 30, 2002 from Colorado (Mr. CAMPBELL) were duce our dependence on foreign energy, mandatory minimum sentencing laws added as cosponsors of S. Con. Res. 143, provide environmentally-friendly that the safety valve provisions sought A concurrent resolution designating biobased alternative products, and in- to remedy, have been unable to benefit October 6, 2002, through October 12, fuse needed economic development for from their passage. This bill would rec- 2002, as ‘‘National 4–H Youth Develop- our nation’s rural communities. SGI tify this situation by making the safe- ment Program Week’’. will build upon what our nation does ty valve provisions retroactive to allow S. CON. RES. 146 best by using the power of innovation first-time nonviolent drug offenders At the request of Mrs. LINCOLN, the to open up new avenues of opportunity. convicted prior to the passage of the names of the Senator from Montana Specifically, SGI would identify new 1994 crime bill to petition the court for (Mr. BURNS) and the Senator from Illi- methods of converting various crop va- a reconsideration of their sentence. nois (Mr. DURBIN) were added as co- rieties and biobased natural resources The existing safety valve law is not a sponsors of S. Con. Res. 146, A concur- into energy and other value-added ‘‘get out of jail free’’ card. It simply al- rent resolution supporting the goals products and provide a technology lows prisoners to petition the courts and ideas of National Take Your Kids transfer of those products by: for reconsideration. In order to have to Vote Day. Establishing a national consortium the mandatory minimum sentenced of land-grant universities to lead the modified, offenders must first dem- f SGI effort in coordination with the onstrate to the court that they meet STATEMENTS ON INTRODUCED U.S. Departments of Agriculture and the criteria I mentioned earlier. It is BILLS AND JOINT RESOLUTIONS Energy. up to the court to determine whether By Mr. BINGAMAN (for himself The mission of the consortium would an individual is eligible to have their and Mr. DOMENICI): be to make significant advances—not sentence modified and that a modifica- S. 3015. A bill to designate the United only in technological developments, tion is appropriate in each case. I be- States courthouse at South Federal but also in making sure those new lieve the original safety valve provi- Place in Santa Fe, New Mexico, as the technologies make it to market, there- sions appropriately restored discretion ‘‘Santiago E. Campos United States fore providing income alternatives to to the courts and it’s only fair that the Courthouse’’; to the Committee on En- farmers and ranchers and providing op- law be changed so it applies equally to vironment and Public Works. portunities for economic diversifica- all individuals without regard to when Mr. BINGAMAN. Mr. President, I rise tion to rural communities. they were convicted. today with my colleague Senator Increasing our nation’s investment in Making the safety valve provisions DOMENICI to introduce a bill to des- renewable fuels and other products like retroactive would impact only an ex- ignate the United States Courthouse in pharmaculticals, building materials in- tremely small number of cases. Accord- Santa Fe, NM, as the ‘‘Honorable cluding bio-plastics, textiles, lubri- ing to the United States Sentencing Santiago E. Campos United States cants, solvents, and adhesives. Commission, only 25 to 40 currently in- Courthouse.’’ Santiago Campos was ap- Providing a framework for new in- carcerated federal offenders would be pointed to the Federal Bench in 1978 by vestments in necessary research, and eligible to petition the court to recon- President Jimmy Carter and was the for ensuring that producers, commu- sider their sentences. All of these indi- first Hispanic Federal judge in New nities, and our nation as a whole ben- viduals have served at least eight years Mexico. He held the title of Chief U.S. efit from the results of that research. in prison and many have served signifi- I am hopeful that Senators will re- cantly longer. Mr. President, I request District Judge from February 5, 1987 to view the legislation and consider co- unanimous consent to print a letter December 31, 1989, and took senior sta- sponsoring this exciting effort to help from the Sentencing Commission in tus in 1992. Judge Campos had his build a biobased economy that can as- the RECORD. chambers in the courthouse in Santa sist our nation in so many important The same considerations that moti- Fe for over 22 years. He was also the ways. vated the Senate’s original passage of prime mover in reestablishing Federal the safety valve legislation apply to court judicial activity in Santa Fe and By Mr. LEVIN: those offenders who were sentenced be- in renovating the courthouse there. S. 3017. A bill to amend title 18, fore 1994. Fairness dictates that all Sadly, Judge Campos passed away United States Code, to provide retro- those offenders who meet the criteria January 20, 2001 after a long battle active effect to a sentencing safety set out in the safety valve law should with cancer. Judge Campos was not valve provision; to the Committee on have their cases heard and I urge my only a great man, but also a dedicated the Judiciary. colleagues to support this bill. and passionate public servant who Mr. LEVIN. Mr. President, I am There being no objection, the letter spent most of his life committed to pleased to introduce the Safety Valve was ordered to be printed in the working for the people of New Mexico Fairness Act. This bill addresses in- RECORD, as follows: and our Nation. Judge Campos was an equities in sentencing that were cre- U.S. SENTENCING COMMISSION, extraordinary jurist and served as a ated by the passage of ‘‘safety valve’’ Washington, DC, June 24, 2002. role model and mentor to others in provisions contained in the 1994 crime Hon. CARL LEVIN, New Mexico. He was admired and re- bill. U.S. Senate, spected by all that knew him. I believe Mandatory minimum sentencing laws Washington, D.C. that it would be an appropriate tribute allow judges little or no discretion in DEAR SENATOR LEVIN: Thank you for your making sentencing determinations. An June 14, 2002, letter inquiring about the num- to Judge Campos to have the court- ber of federal offenders who would be af- house in Santa Fe bear his name. unfortunate byproduct of this lack of fected if the ‘‘safety valve’’ provision en- discretion has been the imposition of acted on September 13, 1994, were made ret- By Mr. DASCHLE: disproportionately long sentences for roactive. We estimate that 25 to 40 federal of- S. 3016. A bill to amend the Farm Se- some relatively low-level nonviolent fenders currently incarcerated would benefit curity and Rural Investment act of 2002 offenders. if the safety valve provision of the 1994 to require the Secretary of Agriculture Congress acknowledged this in enact- Crime Bill were made retroactive to cases to establish research, extension, and ing so-called ‘‘safety valve’’ provisions sentenced prior to September 13, 1994. as part of the 1994 crime bill. These We cannot provide a more exact figure be- educational programs to implement cause of a number of data limitations. In biobased energy technologies, products, provisions allowed a narrow class of of- order for the safety valve to apply, the sen- and economic diversification in rural fenders, that is individuals with no tencing judge must find that the offender areas of the United States; to the Com- criminal history, who committed a meets certain criteria defined by Congress. mittee on Agriculture, Nutrition, and nonviolent crime, were not leaders or For example, one such criterion is whether Forestry. organizers of the crime, and who co- the defendant truthfully provided to the Mr. DASHCLE. Mr. President, today, operated fully with the government, to Government all information and evidence I am introducing the Sun Grant Initia- petition the court for a review of their the defendant had concerning the offense or tive for Renewable Energy and sentence. However, the safety valve offenses that were part of the same course of conduct or of a common scheme or plan. Be- Biobased Products Act. The Sun Grant provisions did not apply to offenders cause this criterion was not relevant to sen- Initiative, or SGI, reflects a dynamic sentenced before the bill became law in tencing prior to the enactment of the safety vision for the future of agriculture and 1994. As a result, individuals who have valve provision, presentence reports for cases rural America—a vision that can re- arguably been most impacted by the sentenced prior to September 13, 1994, do not September 30, 2002 CONGRESSIONAL RECORD — SENATE S9597 necessarily address this factor. As a result, SA 4845. Mr. SESSIONS submitted an ‘‘Area Differential to respond to your inquiry we had to use re- amendment intended to be proposed to Pittsburgh Consolidated Metro- ceipt of a sentencing reduction for accept- amendment SA 4738 proposed by Mr. GRAMM politan Statistical Area ...... 15.97% ance of responsibility as a rough proxy for (for himself, Mr. MILLER, Mr. MCCONNELL, Portland-Salem, OR-WA Con- this particular safety valve criterion, which Mr. THOMPSON, Mr. STEVENS, Mr. HAGEL, Mr. solidated Metropolitan Sta- may overstate or understate the actual num- HUTCHINSON, and Mr. BUNNING) to the amend- tistical Area ...... 20.90% ber of offenders who would meet this cri- ment SA 4471 proposed by Mr. LIEBERMAN to Richmond Consolidated Metro- terion if the safety value were made retro- the bill H.R. 5005, supra; which was ordered politan Statistical Area ...... 17.05% active. Proxies for certain other safety valve to lie on the table. RUS Consolidated Metropolitan criterion also had to be used. In addition, the SA 4846. Mr. SESSIONS submitted an Statistical Area ...... 15.28% Commission does not have complete data amendment intended to be proposed to Sacramento-Yolo, CA Consoli- with respect to release dates for offenders. amendment SA 4738 proposed by Mr. GRAMM dated Metropolitan Statis- I hope you find this information helpful. (for himself, Mr. MILLER, Mr. MCCONNELL, tical Area ...... 20.41% Sincerely, Mr. THOMPSON, Mr. STEVENS, Mr. HAGEL, Mr. San Diego, CA Consolidated DIANA E. MURPHY. HUTCHINSON, and Mr. BUNNING) to the amend- Metropolitan Statistical Area 22.28% San Francisco-Oakland-San f ment SA 4471 proposed by Mr. LIEBERMAN to the bill H.R. 5005, supra; which was ordered Jose, CA Consolidated Metro- SUBMITTED RESOLUTIONS to lie on the table. politan Statistical Area ...... 33.06% Seattle-Tacoma-Bremerton, f WA Consolidated Metropoli- SENATE RESOLUTION 331—REL- TEXT OF AMENDMENTS tan Statistical Area ...... 20.99% ATIVE TO THE DEATH OF REP- St. Louis Consolidated Metro- SA 4839. Mr. DODD submitted an politan Statistical Area ...... 15.65% RESENTATIVE PATSY T. MINK amendment intended to be proposed by Washington-Baltimore, DC-MD- OF HAWAII him to the bill H.R. 5005, to establish VA-WV Consolidated Metro- Mr. DASCHLE (for himself, Mr. the Department of Homeland Security, politan Statistical Area ...... 20.01%’’. LOTT, Mr. INOUYE, and Mr. AKAKA) sub- and for other purposes; which was or- (b) EFFECTIVE DATE.—The amendment mitted the following resolution; which dered to lie on the table; as follows: made by subsection (a)— (1) shall take effect as if included in the was considered and agreed to: On page 338, insert between lines 2 and 3 Federal Law Enforcement Pay Reform Act of S. RES. 331 the following: 1990 on the date of the enactment of such Resolved, That the Senate has heard with SEC. 2205. ADJUSTED DIFFERENTIALS. Act; and profound sorrow and deep regret the an- (a) IN GENERAL.—Paragraph (1) of section (2) shall be effective only with respect to nouncement of the death of the Honorable 404(b) of the Federal Law Enforcement Pay pay for service performed in pay periods be- Patsy T. Mink, late a Representative from Reform Act of 1990 (5 U.S.C. 5305 note) is ginning on or after the date of enactment of the State of Hawaii. amended by striking the matter after ‘‘fol- this Act. Resolved, That the Secretary communicate lows:’’ and inserting the following: SA 4840. Mr. CRAIG submitted an these resolutions to the House of Represent- ‘‘Area Differential atives and transmit an enrolled copy thereof amendment intended to be proposed to Atlanta Consolidated Metro- amendment SA 4471 proposed by Mr. to the family of the deceased. politan Statistical Area ...... 17.21% LIEBERMAN to the bill H.R. 5005, to es- Resolved, That when the Senate adjourns or Boston-Worcester-Lawrence, recesses today, it stand adjourned or re- MA-NH-ME-CT-RI Consoli- tablish the Department of Homeland cessed as a further mark of respect to the dated Metropolitan Statis- Security, and for other purposes; which memory of the deceased Representative. tical Area ...... 24.43% was ordered to lie on the table; as fol- f Chicago-Gary-Kenosha, IL-IN- lows: AMENDMENTS SUBMITTED AND WI Consolidated Metropolitan At the appropriate place, insert the fol- Statistical Area ...... 25.34% PROPOSED lowing: Cincinnati-Hamilton, OH-KY- SEC. ll. MODIFICATIONS TO AVIATION AND SA 4839. Mr. DODD submitted an amend- IN Consolidated Metropolitan TRANSPORTATION SECURITY ACT. ment intended to be proposed by him to the Statistical Area ...... 21.21% (a) SECURITY SCREENING OPT-OUT PRO- bill H.R. 5005, to establish the Department of Cleveland Consolidated Metro- GRAM.—Section 44919(d) of title 49, United Homeland Security, and for other purposes; politan Statistical Area ...... 18.46% States Code, is amended— which was ordered to lie on the table. Columbus Consolidated Metro- (1) by striking ‘‘not more than 1 airport SA 4840. Mr. CRAIG submitted an amend- politan Statistical Area ...... 17.75% from each of the 5 airport security risk cat- ment intended to be proposed to amendment Dallas Consolidated Metropoli- egories’’ and inserting ‘‘up to 40 airports SA 4471 proposed by Mr. LIEBERMAN to the tan Statistical Area ...... 19.06% equally distributed among the 5 airport secu- bill H.R. 5005, supra; which was ordered to lie Dayton Consolidated Metropoli- rity risk categories’’; and on the table. tan Statistical Area ...... 16.50% (2) by adding at the end the following: SA 4841. Mr. ENZI submitted an amend- Denver-Boulder-Greeley, CO ‘‘The Under Secretary shall encourage large ment intended to be proposed to amendment Consolidated Metropolitan and medium hub airports to participate in SA 4738 proposed by Mr. GRAMM (for himself, Statistical Area ...... 23.08% the program’’. Mr. MILLER, Mr. MCCONNELL, Mr. THOMPSON, Detroit-Ann Arbor-Flint, MI (b) EXTENSION OF DEADLINE.—Section Mr. STEVENS, Mr. HAGEL, Mr. HUTCHINSON, Consolidated Metropolitan 110(c)(2) of the Aviation and Transportation and Mr. BUNNING) to the amendment SA 4471 Statistical Area ...... 25.28% Security Act is amended by striking ‘‘1 year proposed by Mr. LIEBERMAN to the bill H.R. Hartford, CT Consolidated Met- after the date of enactment of this Act’’ and 5005, supra; which was ordered to lie on the ropolitan Statistical Area ..... 23.78% inserting ‘‘December 31, 2002’’. table. Houston-Galveston-Brazoria, SA 4842. Mr. CRAIG submitted an amend- TX Consolidated Metropoli- SA 4841. Mr. ENZI submitted an ment intended to be proposed to amendment tan Statistical Area ...... 31.55% amendment intended to be proposed to Los Angeles-Riverside-Orange SA 4738 proposed by Mr. GRAMM (for himself, amendment SA 4738 proposed by Mr. Mr. MILLER, Mr. MCCONNELL, Mr. THOMPSON, County, CA Consolidated Mr. STEVENS, Mr. HAGEL, Mr. HUTCHINSON, Metropolitan Statistical Area 27.19% GRAMM (for himself, Mr. MILLER, Mr. and Mr. BUNNING) to the amendment SA 4471 Miami-Fort Lauderdale, FL MCCONNELL, Mr. THOMPSON, Mr. STE- proposed by Mr. LIEBERMAN to the H.R. 5005, Consolidated Metropolitan VENS, Mr. HAGEL, Mr. HUTCHINSON, and supra; which was ordered to lie on the table. Statistical Area ...... 21.79% Mr. BUNNING) to the amendment SA SA 4843. Mr. LIEBERMAN submitted an Milwaukee Consolidated Metro- 4471 proposed by Mr. LIEBERMAN to the amendment intended to be proposed by him politan Statistical Area ...... 18.03% bill H.R. 5005, to establish the Depart- to the bill H.R. 5005, supra; which was or- Minneapolis-St. Paul, MN-WI ment of Homeland Security, and for dered to lie on the table. Consolidated Metropolitan SA 4844. Mr. SESSIONS submitted an Statistical Area ...... 20.21% other purposes; which was ordered to amendment intended to be proposed to New York-Northern New Jer- lie on the table; as follows: amendment SA 4738 proposed by Mr. GRAMM sey-Long Island, NY-NJ-CT- At the appropriate place, insert: (for himself, Mr. MILLER, Mr. MCCONNELL, PA Consolidated Metropoli- SEC. 1l. REQUIREMENT TO BUY CERTAIN ARTI- Mr. THOMPSON, Mr. STEVENS, Mr. HAGEL, Mr. tan Statistical Area ...... 26.44% CLES FROM AMERICAN SOURCES. HUTCHINSON, and Mr. BUNNING) to the amend- Philadelphia-Wilmington-At- (a) REQUIREMENT.—Except as provided in ment SA 4471 proposed by Mr. LIEBERMAN to lantic City, PA-NJ-DE-MD subsections (c) through (g), funds appro- the bill H.R. 5005, supra; which was ordered Consolidated Metropolitan priated or otherwise available to the Depart- to lie on the table. Statistical Area ...... 21.14% ment of Homeland Security may not be used S9598 CONGRESSIONAL RECORD — SENATE September 30, 2002

for the procurement of an item described in (i) GEOGRAPHIC COVERAGE.—In this section, Sec. 132. Directorate of Intelligence. subsection (b) if the item is not grown, re- the term ‘‘United States’’ includes the pos- Sec. 133. Directorate of Critical Infrastruc- processed, reused, or produced in the United sessions of the United States. ture Protection. States. Sec. 134. Directorate of Emergency Pre- (b) COVERED ITEMS.—An item referred to in SA 4842. Mr. CRAIG submitted an paredness and Response. subsection (a) is any of the following: amendment intended to be proposed to Sec. 135. Directorate of Science and Tech- (1) An article or item of— amendment SA 4738 proposed by Mr. nology. (A) food; GRAMM (for himself, Mr. MILLER, Mr. Sec. 136. Directorate of Immigration Affairs. (B) clothing; MCCONNELL, Mr. THOMPSON, Mr. STE- Sec. 137. Office for State and Local Govern- (C) tents, tarpaulins, or covers; ment Coordination. VENS, Mr. HAGEL, Mr. HUTCINSON, and (D) cotton and other natural fiber prod- Sec. 138. United States Secret Service. ucts, woven silk or woven silk blends, spun Mr. BUNNING) to the amendment SA Sec. 139. Border Coordination Working silk yarn for cartridge cloth, synthetic fabric 4471 proposed by Mr. LIEBERMAN to the Group. or coated synthetic fabric (including all tex- bill H.R. 5005, to establish the Depart- Sec. 140. Office for National Capital Region tile fibers and yarns that are for use in such ment of Homeland Security, and for Coordination. fabrics), canvas products, or wool (whether other purposes; which was ordered to Sec. 141. Executive Schedule positions. in the form of fiber or yarn or contained in lie on the table; as follows: Sec. 142. Preserving Coast Guard mission fabrics, materials, or manufactured articles); At the appropriate place in TITLE IX— performance. or CONFORMING AND TECHNICAL AMEND- Subtitle C—National Emergency (E) any item of individual equipment man- MENTS, insert the following: Preparedness Enhancement ufactured from or containing such fibers, SEC. . NATIONAL CRITICAL INFRASTRUCTURE yarns, fabrics, or materials. Sec. 151. Short title. TESTBED. Sec. 152. Preparedness information and edu- (2) Specialty metals, including stainless There is established at the Idaho National steel flatware. cation. Engineering and Environmental Laboratory Sec. 153. Pilot program. (3) Hand or measuring tools. a National Critical Infrastructure Testbed at VAILABILITY EXCEPTION.—Subsection Sec. 154. Designation of National Emergency (c) A which the Department of Homeland Security (a) does not apply to the extent that the Sec- Preparedness Week. shall conduct necessary systems testing and retary of Homeland Security determines Subtitle D—Miscellaneous Provisions demonstration of infrastructure target hard- that satisfactory quality and sufficient ening methods. Sec. 161. National Bio-Weapons Defense quantity of any such article or item de- SA 4843. Mr. LIEBERMAN submitted Analysis Center. scribed in subsection (b)(1) or specialty met- Sec. 162. Review of food safety. als (including stainless steel flatware) an amendment intended to be proposed by him to the bill H.R. 5005, to estab- Sec. 163. Exchange of employees between grown, reprocessed, reused, or produced in agencies and State or local gov- the United States cannot be procured as and lish the Department of Homeland Secu- ernments. when needed at United States market prices. rity, and for other purposes; which was Sec. 164. Whistleblower protection for Fed- (d) EXCEPTION FOR CERTAIN PROCUREMENTS ordered to lie on the table; as follows: eral employees who are airport OUTSIDE THE UNITED STATES.—Subsection (a) Strike all after the first word and insert security screeners. does not apply to the following: the following: Sec. 165. Whistleblower protection for cer- (1) Procurements outside the United States tain airport employees. in support of combat operations. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National Sec. 166. Bioterrorism preparedness and re- (2) Procurements by vessels in foreign wa- Homeland Security and Combating Ter- sponse division. ters. rorism Act of 2002’’. Sec. 167. Coordination with the Department (3) Emergency procurements or procure- of Health and Human Services ments of perishable foods by an establish- SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. under the Public Health Service ment located outside the United States for (a) DIVISIONS.—This Act is organized into 5 Act. the personnel attached to such establish- divisions as follows: Sec. 168. Rail security enhancements. ment. (1) Division A—National Homeland Secu- Sec. 169. Grants for firefighting personnel. (e) EXCEPTION FOR SPECIALTY METALS AND rity and Combating Terrorism. Sec. 170. Review of transportation security CHEMICAL WARFARE PROTECTIVE CLOTHING.— Subsection (a) does not preclude the procure- (2) Division B—Immigration Reform, Ac- enhancements. ment of specialty metals or chemical war- countability, and Security Enhancement Act Sec. 171. Interoperability of information fare protective clothing produced outside the of 2002. systems. United States if— (3) Division C—Federal Workforce Im- Sec. 172. Extension of customs user fees. (1) such procurement is necessary— provement. Sec. 173. Conforming amendments regarding (A) to comply with agreements with for- (4) Division D—E-Government Act of 2002. laws administered by the Sec- eign governments requiring the United (5) Division E—Flight and Cabin Security retary of Veterans Affairs. States to purchase supplies from foreign on Passenger Aircraft. Sec. 174. Prohibition on contracts with cor- ABLE OF CONTENTS.—The table of con- sources for the purposes of offsetting sales (b) T porate expatriates. tents for this Act is as follows: made by the United States Government or Sec. 175. Transfer of certain agricultural in- United States firms under approved pro- Sec. 1. Short title. spection functions of the De- grams serving defense requirements; or Sec. 2. Organization of Act into divisions; partment of Agriculture. (B) in furtherance of agreements with for- table of contents. Sec. 176. Coordination of information and in- eign governments in which both such govern- DIVISION A—NATIONAL HOMELAND formation technology. ments agree to remove barriers to purchases SECURITY AND COMBATING TERRORISM Subtitle E—Transition Provisions of supplies produced in the other country or Sec. 100. Definitions. Sec. 181. Definitions. services performed by sources of the other TITLE I—DEPARTMENT OF HOMELAND Sec. 182. Transfer of agencies. country; and SECURITY Sec. 183. Transitional authorities. (2) any such agreement with a foreign gov- Subtitle A—Establishment of the Sec. 184. Incidental transfers and transfer of ernment complies, where applicable, with Department of Homeland Security related functions. the requirements of section 36 of the Arms Sec. 101. Establishment of the Department Sec. 185. Implementation progress reports Export Control Act (22 U.S.C. 2776) and with of Homeland Security. and legislative recommenda- section 2457 of title 10, United States Code. Sec. 102. Secretary of Homeland Security. tions. (f) EXCEPTION FOR CERTAIN FOODS.—Sub- Sec. 103. Deputy Secretary of Homeland Se- Sec. 186. Transfer and allocation. section (a) does not preclude the procure- curity. Sec. 187. Savings provisions. ment of foods manufactured or processed in Sec. 104. Under Secretary for Management. Sec. 188. Transition plan. the United States. Sec. 105. Assistant Secretaries. Sec. 189. Use of appropriated funds. (g) EXCEPTION FOR SMALL PURCHASES.— Sec. 106. Inspector General. Subtitle F—Administrative Provisions Subsection (a) does not apply to purchases Sec. 107. Chief Financial Officer. for amounts not greater than the simplified Sec. 108. Chief Information Officer. Sec. 191. Reorganizations and delegations. acquisition threshold (as defined in section Sec. 109. General Counsel. Sec. 192. Reporting requirements. 4(11) of the Office of Federal Procurement Sec. 110. Civil Rights Officer. Sec. 193. Environmental protection, safety, Policy Act (41 U.S.C. 403(11))). Sec. 111. Privacy Officer. and health requirements. (h) APPLICABILITY TO CONTRACTS AND SUB- Sec. 112. Chief Human Capital Officer. Sec. 194. Labor standards. CONTRACTS FOR PROCUREMENT OF COMMERCIAL Sec. 113. Office of International Affairs. Sec. 195. Procurement of temporary and Sec. 114. Executive Schedule positions. ITEMS.—This section is applicable to con- intermittent services. tracts and subcontracts for the procurement Subtitle B—Establishment of Directorates Sec. 196. Preserving non-homeland security of commercial items notwithstanding sec- and Offices mission performance. tion 34 of the Office of Federal Procurement Sec. 131. Directorate of Border and Trans- Sec. 197. Future Years Homeland Security Policy Act (41 U.S.C. 430). portation Protection. Program. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9599 Sec. 198. Protection of voluntarily furnished Sec. 1115. Allocation of personnel and other Subtitle C—Effective Date confidential information. resources. Sec. 1321. Effective date. Sec. 199. Establishment of human resources Sec. 1116. Savings provisions. DIVISION C—FEDERAL WORKFORCE management system. Sec. 1117. Interim service of the Commis- IMPROVEMENT Sec. 199A. Labor-management relations. sioner of Immigration and Nat- Sec. 199B. Authorization of appropriations. uralization. TITLE XXI—CHIEF HUMAN CAPITAL OFFICERS TITLE II—LAW ENFORCEMENT POWERS Sec. 1118. Executive Office for Immigration OF INSPECTOR GENERAL AGENTS review authorities not affected. Sec. 2101. Short title. Sec. 1119. Other authorities not affected. Sec. 2102. Agency Chief Human Capital Offi- Sec. 201. Law enforcement powers of Inspec- Sec. 1120. Transition funding. tor General agents. cers. Subtitle C—Miscellaneous Provisions Sec. 2103. Chief Human Capital Officers TITLE III—FEDERAL EMERGENCY Sec. 1121. Funding adjudication and natu- Council. PROCUREMENT FLEXIBILITY ralization services. Sec. 2104. Strategic human capital manage- Subtitle A—Temporary Flexibility for Sec. 1122. Application of Internet-based ment. Certain Procurements technologies. Sec. 2105. Effective date. Sec. 301. Definition. Sec. 1123. Alternatives to detention of asy- TITLE XXII—REFORMS RELATING TO Sec. 302. Procurements for defense against lum seekers. FEDERAL HUMAN CAPITAL MANAGE- or recovery from terrorism or Subtitle D—Effective Date MENT nuclear, biological, chemical, Sec. 1131. Effective date. Sec. 2201. Inclusion of agency human capital or radiological attack. TITLE XII—UNACCOMPANIED ALIEN strategic planning in perform- Sec. 303. Increased simplified acquisition CHILD PROTECTION ance plans and program per- threshold for procurements in formance reports. support of humanitarian or Sec. 1201. Short title. Sec. 1202. Definitions. Sec. 2202. Reform of the competitive service peacekeeping operations or con- hiring process. Subtitle A—Structural Changes tingency operations. Sec. 2203. Permanent extension, revision, Sec. 304. Increased micro-purchase threshold Sec. 1211. Responsibilities of the Office of and expansion of authorities for for certain procurements. Refugee Resettlement with re- use of voluntary separation in- Sec. 305. Application of certain commercial spect to unaccompanied alien centive pay and voluntary early items authorities to certain children. retirement. procurements. Sec. 1212. Establishment of Interagency Sec. 2204. Student volunteer transit subsidy. Sec. 306. Use of streamlined procedures. Task Force on Unaccompanied Sec. 307. Review and report by Comptroller Alien Children. TITLE XXIII—REFORMS RELATING TO General. Sec. 1213. Transition provisions. THE SENIOR EXECUTIVE SERVICE Subtitle B—Other Matters Sec. 1214. Effective date. Sec. 2301. Repeal of recertification require- ments of senior executives. Sec. 311. Identification of new entrants into Subtitle B—Custody, Release, Family Sec. 2302. Adjustment of limitation on total the Federal marketplace. Reunification, and Detention annual compensation. TITLE IV—NATIONAL COMMISSION ON Sec. 1221. Procedures when encountering un- TITLE XXIV—ACADEMIC TRAINING TERRORIST ATTACKS UPON THE accompanied alien children. UNITED STATES Sec. 1222. Family reunification for unaccom- Sec. 2401. Academic training. panied alien children with rel- Sec. 2402. Modifications to National Secu- Sec. 401. Establishment of Commission. atives in the United States. rity Education Program. Sec. 402. Purposes. Sec. 1223. Appropriate conditions for deten- Sec. 2403. Compensatory time off for travel. Sec. 403. Composition of the Commission. tion of unaccompanied alien DIVISION D—E-GOVERNMENT ACT OF 2002 Sec. 404. Functions of the Commission. children. Sec. 405. Powers of the Commission. Sec. 1224. Repatriated unaccompanied alien TITLE XXX—SHORT TITLE; FINDINGS Sec. 406. Staff of the Commission. children. AND PURPOSES Sec. 407. Compensation and travel expenses. Sec. 1225. Establishing the age of an unac- Sec. 3001. Short title. Sec. 408. Security clearances for Commis- companied alien child. Sec. 3002. Findings and purposes. sion members and staff. Sec. 1226. Effective date. Sec. 409. Reports of the Commission; termi- TITLE XXXI—OFFICE OF MANAGEMENT Subtitle C—Access by Unaccompanied Alien nation. AND BUDGET ELECTRONIC GOVERN- Children to Guardians Ad Litem and Counsel Sec. 410. Authorization of appropriations. MENT SERVICES Sec. 1231. Right of unaccompanied alien TITLE V—EFFECTIVE DATE Sec. 3101. Management and promotion of children to guardians ad litem. electronic Government serv- Sec. 501. Effective date. Sec. 1232. Right of unaccompanied alien ices. DIVISION B—IMMIGRATION REFORM, AC- children to counsel. Sec. 3102. Conforming amendments. Sec. 1233. Effective date; applicability. COUNTABILITY, AND SECURITY EN- TITLE XXXII—FEDERAL MANAGEMENT HANCEMENT ACT OF 2002 Subtitle D—Strengthening Policies for AND PROMOTION OF ELECTRONIC GOV- TITLE X—SHORT TITLE AND Permanent Protection of Alien Children ERNMENT SERVICES DEFINITIONS Sec. 1241. Special immigrant juvenile visa. Sec. 3201. Definitions. Sec. 1001. Short title. Sec. 1242. Training for officials and certain Sec. 3202. Federal agency responsibilities. Sec. 1002. Definitions. private parties who come into Sec. 3203. Compatibility of executive agency contact with unaccompanied TITLE XI—DIRECTORATE OF methods for use and acceptance alien children. IMMIGRATION AFFAIRS of electronic signatures. Sec. 1243. Effective date. Subtitle A—Organization Sec. 3204. Federal Internet portal. Subtitle E—Children Refugee and Asylum Sec. 3205. Federal courts. Sec. 1101. Abolition of INS. Seekers Sec. 3206. Regulatory agencies. Sec. 1102. Establishment of Directorate of Sec. 1251. Guidelines for children’s asylum Sec. 3207. Accessibility, usability, and pres- Immigration Affairs. claims. ervation of Government infor- Sec. 1103. Under Secretary of Homeland Se- Sec. 1252. Unaccompanied refugee children. mation. curity for Immigration Affairs. Sec. 3208. Privacy provisions. Sec. 1104. Bureau of Immigration Services. Subtitle F—Authorization of Appropriations Sec. 3209. Federal information technology Sec. 1105. Bureau of Enforcement and Border Sec. 1261. Authorization of appropriations. workforce development. Affairs. TITLE XIII—AGENCY FOR IMMIGRATION Sec. 3210. Common protocols for geographic Sec. 1106. Office of the Ombudsman within HEARINGS AND APPEALS information systems. the Directorate. Subtitle A—Structure and Function Sec. 3211. Share-in-savings program im- Sec. 1107. Office of Immigration Statistics Sec. 1301. Establishment. provements. within the Directorate. Sec. 1302. Director of the agency. Sec. 3212. Integrated reporting study and Sec. 1108. Clerical amendments. Sec. 1303. Board of Immigration Appeals. pilot projects. Subtitle B—Transition Provisions Sec. 1304. Chief Immigration Judge. Sec. 3213. Community technology centers. Sec. 1111. Transfer of functions. Sec. 1305. Chief Administrative Hearing Offi- Sec. 3214. Enhancing crisis management Sec. 1112. Transfer of personnel and other re- cer. through advanced information sources. Sec. 1306. Removal of judges. technology. Sec. 1113. Determinations with respect to Sec. 1307. Authorization of appropriations. Sec. 3215. Disparities in access to the Inter- functions and resources. Subtitle B—Transfer of Functions and net. Sec. 1114. Delegation and reservation of Savings Provisions Sec. 3216. Notification of obsolete or coun- functions. Sec. 1311. Transition provisions. terproductive provisions. S9600 CONGRESSIONAL RECORD — SENATE September 30, 2002

TITLE XXXIII—GOVERNMENT (12) UNITED STATES.—The term ‘‘United activities of the Directorates and ensures co- INFORMATION SECURITY States’’, when used in a geographic sense, ordination with entities outside the Depart- Sec. 3301. Information security. means any State (within the meaning of sec- ment engaged in such activities. TITLE XXXIV—AUTHORIZATION OF AP- tion 102(4) of the Robert T. Stafford Disaster (8) To identify and promote key scientific PROPRIATIONS AND EFFECTIVE DATES Relief and Emergency Assistance Act (Public and technological advances that will en- Law 93–288)), any possession of the United hance homeland security. Sec. 3401. Authorization of appropriations. States, and any waters within the jurisdic- (9) To include, as appropriate, State and Sec. 3402. Effective dates. tion of the United States. local governments and other entities in the DIVISION E—FLIGHT AND CABIN TITLE I—DEPARTMENT OF HOMELAND full range of activities undertaken by the SECURITY ON PASSENGER AIRCRAFT SECURITY Department to promote homeland security, TITLE XLI—FLIGHT AND CABIN including— Subtitle A—Establishment of the Department SECURITY ON PASSENGER AIRCRAFT (A) providing State and local government of Homeland Security Sec. 4101. Short title. personnel, agencies, and authorities, with Sec. 4102. Findings. SEC. 101. ESTABLISHMENT OF THE DEPARTMENT appropriate intelligence information, includ- OF HOMELAND SECURITY. Sec. 4103. Federal flight deck officer pro- ing warnings, regarding threats posed by ter- (a) IN GENERAL.—There is established the gram. rorism in a timely and secure manner; Sec. 4104. Cabin security. Department of National Homeland Security. (B) facilitating efforts by State and local Sec. 4105. Prohibition on opening cockpit (b) EXECUTIVE DEPARTMENT.—Section 101 of law enforcement and other officials to assist doors in flight. title 5, United States Code, is amended by in the collection and dissemination of intel- adding at the end the following: DIVISION A—NATIONAL HOMELAND ligence information and to provide informa- ‘‘The Department of Homeland Security.’’. tion to the Department, and other agencies, SECURITY AND COMBATING TERRORISM (c) MISSION OF DEPARTMENT.— in a timely and secure manner; SEC. 100. DEFINITIONS. (1) HOMELAND SECURITY.—The mission of (C) coordinating with State, regional, and Unless the context clearly indicates other- the Department is to— local government personnel, agencies, and wise, the following shall apply for purposes (A) promote homeland security, particu- authorities and, as appropriate, with the pri- of this division: larly with regard to terrorism; vate sector, other entities, and the public, to (1) AGENCY.—Except for purposes of sub- (B) prevent terrorist attacks or other ensure adequate planning, team work, co- title E of title I, the term ‘‘agency’’— homeland threats within the United States; ordination, information sharing, equipment, (A) means— (C) reduce the vulnerability of the United training, and exercise activities; (i) an Executive agency as defined under States to terrorism, natural disasters, and (D) consulting State and local govern- section 105 of title 5, United States Code; other homeland threats; and ments, and other entities as appropriate, in (ii) a military department as defined under (D) minimize the damage, and assist in the developing a homeland security strategy; section 102 of title 5, United States Code; recovery, from terrorist attacks or other and (iii) the United States Postal Service; and natural or man-made crises that occur with- (E) systematically identifying and remov- (B) does not include the General Account- in the United States. ing obstacles to developing effective partner- ing Office. (2) OTHER MISSIONS.—The Department shall ships between the Department, other agen- (2) ASSETS.—The term ‘‘assets’’ includes be responsible for carrying out the other cies, and State, regional, and local govern- contracts, facilities, property, records, unob- functions, and promoting the other missions, ment personnel, agencies, and authorities, ligated or unexpended balances of appropria- of entities transferred to the Department as the private sector, other entities, and the tions, and other funds or resources (other provided by law. public to secure the homeland. than personnel). (d) SEAL.—The Secretary shall procure a (10)(A) To consult and coordinate with the (3) DEPARTMENT.—The term ‘‘Department’’ proper seal, with such suitable inscriptions Secretary of Defense and the governors of means the Department of Homeland Security and devices as the President shall approve. the several States regarding integration of established under title I. This seal, to be known as the official seal of the United States military, including the (4) ENTERPRISE ARCHITECTURE.—The term the Department of Homeland Security, shall National Guard, into all aspects of a home- ‘‘enterprise architecture’’— be kept and used to verify official docu- land security strategy and its implementa- (A) means— ments, under such rules and regulations as tion, including detection, prevention, protec- (i) a strategic information asset base, the Secretary may prescribe. Judicial notice tion, response, and recovery. which defines the mission; shall be taken of the seal. (B) To consult and coordinate with the (ii) the information necessary to perform SEC. 102. SECRETARY OF HOMELAND SECURITY. Secretary of Defense and make recommenda- the mission; (a) IN GENERAL.—The Secretary of Home- tions concerning organizational structure, (iii) the technologies necessary to perform land Security shall be the head of the De- equipment, and positioning of military as- the mission; and partment. The Secretary shall be appointed sets determined critical to executing a (iv) the transitional processes for imple- by the President, by and with the advice and homeland security strategy. menting new technologies in response to consent of the Senate. (C) To consult and coordinate with the changing mission needs; and (b) RESPONSIBILITIES.—The responsibilities Secretary of Defense regarding the training (B) includes— of the Secretary shall be the following: of personnel to respond to terrorist attacks (i) a baseline architecture; (1) To develop policies, goals, objectives, involving chemical or biological agents. (ii) a target architecture; and priorities, and plans for the United States (11) To seek to ensure effective day-to-day (iii) a sequencing plan. for the promotion of homeland security, par- coordination of homeland security oper- (5) FEDERAL TERRORISM PREVENTION AND ticularly with regard to terrorism. ations, and establish effective mechanisms RESPONSE AGENCY.—The term ‘‘Federal ter- (2) To administer, carry out, and promote for such coordination, among the elements rorism prevention and response agency’’ the other established missions of the entities constituting the Department and with other means any Federal department or agency transferred to the Department. involved and affected Federal, State, and charged with responsibilities for carrying (3) To develop a comprehensive strategy local departments and agencies. out a homeland security strategy. for combating terrorism and the homeland (12) To administer the Homeland Security (6) FUNCTIONS.—The term ‘‘functions’’ in- security response. Advisory System, exercising primary respon- cludes authorities, powers, rights, privileges, (4) To make budget recommendations re- sibility for public threat advisories, and (in immunities, programs, projects, activities, lating to a homeland security strategy, bor- coordination with other agencies) providing duties, responsibilities, and obligations. der and transportation security, infrastruc- specific warning information to State and (7) HOMELAND.—The term ‘‘homeland’’ ture protection, emergency preparedness and local government personnel, agencies and means the United States, in a geographic response, science and technology promotion authorities, the private sector, other enti- sense. related to homeland security, and Federal ties, and the public, and advice about appro- (8) LOCAL GOVERNMENT.—The term ‘‘local support for State and local activities. priate protective actions and counter- government’’ has the meaning given under (5) To plan, coordinate, and integrate those measures. section 102(6) of the Robert T. Stafford Dis- Federal Government activities relating to (13) To conduct exercise and training pro- aster Relief and Emergency Assistance Act border and transportation security, critical grams for employees of the Department and (Public Law 93–288). infrastructure protection, all-hazards emer- other involved agencies, and establish effec- (9) PERSONNEL.—The term ‘‘personnel’’ gency preparedness, response, recovery, and tive command and control procedures for the means officers and employees. mitigation. full range of potential contingencies regard- (10) RISK ANALYSIS AND RISK MANAGE- (6) To serve as a national focal point to ing United States homeland security, includ- MENT.—The term ‘‘risk analysis and risk analyze all information available to the ing contingencies that require the substan- management’’ means the assessment, anal- United States related to threats of terrorism tial support of military assets. ysis, management, mitigation, and commu- and other homeland threats. (14) To annually review, update, and amend nication of homeland security threats, (7) To establish and manage a comprehen- the Federal response plan for homeland secu- vulnerabilities, criticalities, and risks. sive risk analysis and risk management pro- rity and emergency preparedness with regard (11) SECRETARY.—The term ‘‘Secretary’’ gram that directs and coordinates the sup- to terrorism and other manmade and natural means the Secretary of Homeland Security. porting risk analysis and risk management disasters. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9601 (15) To direct the acquisition and manage- (viii) Section 219(a) of the Immigration and tions described under subparagraph (A) and ment of all of the information resources of Nationality Act (8 U.S.C. 1189(a)). providing that preference shall be given to the Department, including communications (ix) Section 237(a)(4)(C) of the Immigration individuals who meet such requirements in resources. and Nationality Act (8 U.S.C. 1227(a)(4)(C)). hiring employees for the performance of such (16) To endeavor to make the information (x) Section 104 of the Cuban Liberty and functions. technology systems of the Department, in- Democratic Solidarity (LIBERTAD) Act of (iii) USE OF CENTER.—The Secretary is au- cluding communications systems, effective, 1996 (22 U.S.C. 6034). thorized to use the National Foreign Affairs efficient, secure, and appropriately inter- (xi) Section 616 of the Departments of Com- Training Center, on a reimbursable basis, to operable. merce, Justice, and State, the Judiciary, and obtain the training described in clause (i). (17) In furtherance of paragraph (16), to Related Agencies Appropriations Act, 1999 (6) REPORT.—Not later than 1 year after oversee and ensure the development and im- (Public Law 105–277). the date of enactment of this Act, the Sec- plementation of an enterprise architecture (xii) Section 103(f) of the Chemical Weap- retary and the Secretary of State shall sub- for Department-wide information tech- ons Convention Implementation Act of 1998 mit to Congress— nology, with timetables for implementation. (112 Stat. 2681–865). (A) a report on the implementation of this (18) As the Secretary considers necessary, (xiii) Section 801 of the Admiral James W. subsection; and to oversee and ensure the development and Nance and Meg Donovan Foreign Relations (B) any legislative proposals necessary to implementation of updated versions of the Authorization Act, Fiscal Years 2002 and 2001 further the objectives of this subsection. enterprise architecture under paragraph (17). (113 Stat. 1501A–468). (7) EFFECTIVE DATE.—This subsection shall (19) To report to Congress on the develop- (xiv) Section 568 of the Foreign Operations, take effect on the earlier of— ment and implementation of the enterprise Export Financing, and Related Programs Ap- (A) the date on which the President pub- architecture under paragraph (17) in— propriations Act, 2002 (Public Law 107–115). lishes notice in the Federal Register that the (A) each implementation progress report (xv) Section 51 of the State Department President has submitted a report to Congress required under section 185; and Basic Authorities Act of 1956 (22 U.S.C. 2723). setting forth a memorandum of under- (B) each biennial report required under (xvi) Section 204(d)(2) of the Immigration standing between the Secretary and the Sec- section 192(b). and Nationality Act (8 U.S.C. 1154) (as it will retary of State governing the implementa- (c) VISA ISSUANCE BY THE SECRETARY.— take effect upon the entry into force of the tion of this section; or (1) DEFINITION.—In this subsection, the Convention on Protection of Children and (B) the date occurring 1 year after the date term ‘‘consular officer’’ has the meaning Cooperation in Respect to Inter-Country of enactment of this Act. given that term under section 101(a)(9) of the Adoption). (d) MEMBERSHIP ON THE NATIONAL SECURITY Immigration and Nationality Act (8 U.S.C. (4) CONSULAR OFFICERS AND CHIEFS OF MIS- COUNCIL.—Section 101(a) of the National Se- 1101(a)(9)). SIONS.—Nothing in this subsection may be curity Act of 1947 (50 U.S.C. 402(a)) is amend- (2) IN GENERAL.—Notwithstanding section construed to alter or affect— ed in the fourth sentence by striking para- 104(a) of the Immigration and Nationality (A) the employment status of consular offi- graphs (5), (6), and (7) and inserting the fol- Act (8 U.S.C. 1104(a)) or any other provision cers as employees of the Department of lowing: of law, and except as provided under para- State; or ‘‘(5) the Secretary of Homeland Security; graph (3), the Secretary— (B) the authority of a chief of mission and (A) shall be vested exclusively with all au- under section 207 of the Foreign Service Act ‘‘(6) each Secretary or Under Secretary of thorities to issue regulations with respect of 1980 (22 U.S.C. 3927). such other executive department, or of a to, administer, and enforce the provisions of (5) ASSIGNMENT OF HOMELAND SECURITY EM- military department, as the President shall such Act, and of all other immigration and PLOYEES TO DIPLOMATIC AND CONSULAR designate.’’. nationality laws, relating to the functions of POSTS.— SEC. 103. DEPUTY SECRETARY OF HOMELAND SE- consular officers of the United States in con- (A) IN GENERAL.—The Secretary is author- CURITY. nection with the granting or refusal of visas, ized to assign employees of the Department (a) IN GENERAL.—There shall be in the De- which authorities shall be exercised through to diplomatic and consular posts abroad to partment a Deputy Secretary of Homeland the Secretary of State, except that the Sec- perform the following functions: Security, who shall be appointed by the retary shall not have authority to alter or (i) Provide expert advice to consular offi- President, by and with the advice and con- reverse the decision of a consular officer to cers regarding specific security threats re- sent of the Senate. refuse a visa to an alien; and lating to the adjudication of individual visa (b) RESPONSIBILITIES.—The Deputy Sec- (B)(i) may delegate in whole or part the au- applications or classes of applications. retary of Homeland Security shall— thority under subparagraph (A) to the Sec- (ii) Review any such applications, either on (1) assist the Secretary in the administra- retary of State; and the initiative of the employee of the Depart- tion and operations of the Department; (ii) shall have authority to confer or im- ment or upon request by a consular officer or (2) perform such responsibilities as the pose upon any officer or employee of the other person charged with adjudicating such Secretary shall prescribe; and United States, with the consent of the head applications. (3) act as the Secretary during the absence of the executive agency under whose juris- (iii) Conduct investigations with respect to or disability of the Secretary or in the event diction such officer or employee is serving, matters under the jurisdiction of the Sec- of a vacancy in the office of the Secretary. any of the functions specified in subpara- retary. SEC. 104. UNDER SECRETARY FOR MANAGEMENT. graph (A). (B) PERMANENT ASSIGNMENT; PARTICIPATION (a) IN GENERAL.—There shall be in the De- (3) AUTHORITY OF THE SECRETARY OF IN TERRORIST LOOKOUT COMMITTEE.—When ap- partment an Under Secretary for Manage- STATE.— propriate, employees of the Department as- ment, who shall be appointed by the Presi- (A) IN GENERAL.—The Secretary of State signed to perform functions described in sub- dent, by and with the advice and consent of may direct a consular officer to refuse a visa paragraph (A) may be assigned permanently the Senate. to an alien if the Secretary of State con- to overseas diplomatic or consular posts (b) RESPONSIBILITIES.—The Under Sec- siders such refusal necessary or advisable in with country-specific or regional responsi- retary for Management shall report to the the foreign policy or security interests of the bility. If the Secretary so directs, any such Secretary, who may assign to the Under Sec- United States. employee, when present at an overseas post, retary such functions related to the manage- (B) STATUTORY CONSTRUCTION.—Nothing in shall participate in the terrorist lookout ment and administration of the Department this subsection shall be construed as affect- committee established under section 304 of as the Secretary may prescribe, including— ing the authorities of the Secretary of State the Enhanced Border Security and Visa (1) the budget, appropriations, expendi- under the following provisions of law: Entry Reform Act of 2002 (8 U.S.C. 1733). tures of funds, accounting, and finance; (i) Section 101(a)(15)(A) of the Immigration (C) TRAINING AND HIRING.— (2) procurement; and Nationality Act (8 U.S.C. 1101(15)(A)). (i) IN GENERAL.—The Secretary shall en- (3) human resources and personnel; (ii) Section 212(a)(3)(B)(i)(IV)(bb) of the Im- sure that any employees of the Department (4) information technology and commu- migration and Nationality Act (8 U.S.C. assigned to perform functions described nications systems; 1182(a)(3)(B)(i)(IV)(bb)). under subparagraph (A) and, as appropriate, (5) facilities, property, equipment, and (iii) Section 212(a)(3)(B)(i)(VI) of the Immi- consular officers, shall be provided all nec- other material resources; gration and Nationality Act (8 U.S.C. essary training to enable them to carry out (6) security for personnel, information 1182(a)(3)(B)(i)(VI)). such functions, including training in foreign technology and communications systems, fa- (iv) Section 212(a)(3)(B)(vi)(II) of the Immi- languages, in conditions in the particular cilities, property, equipment, and other ma- gration and Nationality Act (8 U.S.C. 1182 country where each employee is assigned, terial resources; and (a)(3)(B)(vi)(II)). and in other appropriate areas of study. (7) identification and tracking of perform- (v) Section 212(a)(3)(C) of the Immigration (ii) FOREIGN LANGUAGE PROFICIENCY.—Be- ance measures relating to the responsibil- and Nationality Act (8 U.S.C. 1182(a)(3)(C)). fore assigning employees of the Department ities of the Department. (vi) Section 212(a)(10)(C) of the Immigra- to perform the functions described under SEC. 105. ASSISTANT SECRETARIES. tion and Nationality Act (8 U.S.C. subparagraph (A), the Secretary shall pro- (a) IN GENERAL.—There shall be in the De- 1182(a)(10)(C)). mulgate regulations establishing foreign lan- partment not more than 5 Assistant Secre- (vii) Section 212(f) of the Immigration and guage proficiency requirements for employ- taries (not including the 2 Assistant Secre- Nationality Act (8 U.S.C. 1182(f)). ees of the Department performing the func- taries appointed under division B), each of S9602 CONGRESSIONAL RECORD — SENATE September 30, 2002

whom shall be appointed by the President, ‘‘(ii) section 202 of title 3, United States (e) TECHNICAL AND CONFORMING AMEND- by and with the advice and consent of the Code; or MENTS.—The Inspector General Act of 1978 (5 Senate. ‘‘(iii) any provision of the Presidential U.S.C. appendix) is amended— (b) RESPONSIBILITIES.— Protection Assistance Act of 1976 (18 U.S.C. (1) in section 4(b), by striking ‘‘8F’’ each (1) IN GENERAL.—Whenever the President 3056 note); or place it appears and inserting ‘‘8G’’; and submits the name of an individual to the ‘‘(F) other matters the disclosure of which (2) in section 8J (as redesignated by sub- Senate for confirmation as an Assistant Sec- would constitute a serious threat to national section (c)(1)), by striking ‘‘or 8H’’ and in- retary under this section, the President shall security. serting ‘‘, 8H, or 8I’’.’’ describe the general responsibilities that ‘‘(2) With respect to the information de- SEC. 107. CHIEF FINANCIAL OFFICER. such appointee will exercise upon taking of- scribed under paragraph (1), the Secretary (a) IN GENERAL.—There shall be in the De- fice. may prohibit the Inspector General from car- partment a Chief Financial Officer, who (2) ASSIGNMENT.—Subject to paragraph (1), rying out or completing any audit or inves- shall be appointed or designated in the man- the Secretary shall assign to each Assistant tigation, or from issuing any subpoena, after ner prescribed under section 901(a)(1) of title Secretary such functions as the Secretary such Inspector General has decided to ini- 31, United States Code. considers appropriate. tiate, carry out, or complete such audit or (b) ESTABLISHMENT.—Section 901(b)(1) of SEC. 106. INSPECTOR GENERAL. investigation or to issue such subpoena, if title 31, United States Code, is amended— (a) IN GENERAL.—There shall be in the De- the Secretary determines that such prohibi- (1) by redesignating subparagraphs (G) partment an Inspector General. The Inspec- tion is necessary to— through (P) as subparagraphs (H) through tor General and the Office of Inspector Gen- ‘‘(A) prevent the disclosure of any informa- (Q), respectively; and eral shall be subject to the Inspector General tion described under paragraph (1); (2) by inserting after subparagraph (F) the Act of 1978 (5 U.S.C. App.). ‘‘(B) preserve the national security; or following: (b) ESTABLISHMENT.—Section 11 of the In- ‘‘(C) prevent significant impairment to the ‘‘(G) The Department of Homeland Secu- spector General Act of 1978 (5 U.S.C. App.) is national interests of the United States. rity.’’. amended— ‘‘(3) If the Secretary exercises any power under paragraph (1) or (2), the Secretary SEC. 108. CHIEF INFORMATION OFFICER. (1) in paragraph (1), by inserting ‘‘Home- shall notify the Inspector General in writing (a) IN GENERAL.—There shall be in the De- land Security,’’ after ‘‘Health and Human (appropriately classified, if necessary) within partment a Chief Information Officer, who Services,’’; and 7 calendar days stating the reasons for such shall be designated in the manner prescribed (2) in paragraph (2), by inserting ‘‘Home- exercise. Within 30 days after receipt of any under section 3506(a)(2)(A) of title 44, United land Security,’’ after ‘‘Health and Human such notice, the Inspector General shall States Code. Services,’’. transmit a copy of such notice, together (b) RESPONSIBILITIES.—The Chief Informa- (c) REVIEW OF THE DEPARTMENT OF HOME- with such comments concerning the exercise tion Officer shall assist the Secretary with LAND SECURITY.—The Inspector General shall of such power as the Inspector General con- Department-wide information resources designate 1 official who shall— siders appropriate, to— management and perform those duties pre- (1) review information and receive com- ‘‘(A) the President of the Senate; scribed by law for chief information officers plaints alleging abuses of civil rights and ‘‘(B) the Speaker of the House of Rep- of agencies. civil liberties by employees and officials of resentatives; SEC. 109. GENERAL COUNSEL. the Department; ‘‘(C) the Committee on Governmental Af- (a) IN GENERAL.—There shall be in the De- (2) publicize, through the Internet, radio, fairs of the Senate; partment a General Counsel, who shall be ap- television, and newspaper advertisements— ‘‘(D) the Committee on Government Re- pointed by the President, by and with the ad- (A) information on the responsibilities and form of the House of Representatives; and vice and consent of the Senate. functions of the official; and ‘‘(E) other appropriate committees or sub- (b) RESPONSIBILITIES.—The General Coun- (B) instructions on how to contact the offi- committees of Congress. sel shall— cial; and ‘‘(b)(1) In carrying out the duties and re- (1) serve as the chief legal officer of the De- (3) on a semi-annual basis, submit to Con- sponsibilities under this Act, the Inspector partment; gress, for referral to the appropriate com- General shall have oversight responsibility (2) provide legal assistance to the Sec- mittee or committees, a report— for the internal investigations and audits retary concerning the programs and policies (A) describing the implementation of this performed by any other office performing in- of the Department; and subsection; ternal investigatory or audit functions in (3) advise and assist the Secretary in car- (B) detailing any civil rights abuses under any subdivision of the Department of Home- rying out the responsibilities under section paragraph (1); and land Security. 102(b). (C) accounting for the expenditure of funds ‘‘(2) The head of each other office described SEC. 110. CIVIL RIGHTS OFFICER. to carry out this subsection. under paragraph (1) shall promptly report to (a) IN GENERAL.—There shall be in the De- (d) ADDITIONAL PROVISIONS WITH RESPECT the Inspector General the significant activi- partment a Civil Rights Officer, who shall be TO THE INSPECTOR GENERAL OF THE DEPART- ties being carried out by such office. appointed by the President, by and with the ‘‘(3) Notwithstanding paragraphs (1) and MENT OF HOMELAND SECURITY.—The Inspec- advice and consent of the Senate. (2), the Inspector General may initiate, con- tor General Act of 1978 (5 U.S.C. App.) is (b) RESPONSIBILITIES.—The Civil Rights Of- duct, and supervise such audits and inves- amended— ficer shall be responsible for— tigations in the Department (including in (1) by redesignating section 8I as section (1) ensuring compliance with all civil any subdivision referred to in paragraph (1)) 8J; and rights and related laws and regulations ap- as the Inspector General considers appro- (2) by inserting after section 8H the fol- plicable to Department employees and par- lowing: priate. ‘‘(4) If the Inspector General initiates an ticipants in Department programs; SPECIAL PROVISIONS CONCERNING THE audit or investigation under paragraph (3) (2) coordinating administration of all civil DEPARTMENT OF HOMELAND SECURITY concerning a subdivision referred to in para- rights and related laws and regulations with- ‘‘SEC. 8I. (a)(1) Notwithstanding the last 2 graph (1), the Inspector General may provide in the Department for Department employ- sentences of section 3(a), the Inspector Gen- the head of the other office performing inter- ees and participants in Department pro- eral of the Department of Homeland Secu- nal investigatory or audit functions in the grams; rity (in this section referred to as the ‘‘In- subdivision with written notice that the In- (3) assisting the Secretary, directorates, spector General’’) shall be under the author- spector General has initiated such an audit and offices with the development and imple- ity, direction, and control of the Secretary or investigation. If the Inspector General mentation of policies and procedures that of Homeland Security (in this section re- issues such a notice, no other audit or inves- ensure that civil rights considerations are ferred to as the ‘‘Secretary’’) with respect to tigation shall be initiated into the matter appropriately incorporated and implemented audits or investigations, or the issuance of under audit or investigation by the Inspector in Department programs and activities; subpoenas, which require access to sensitive General, and any other audit or investiga- (4) overseeing compliance with statutory information concerning— tion of such matter shall cease. and constitutional requirements related to ‘‘(A) intelligence or counterintelligence ‘‘(c) Any report required to be transmitted the civil rights of individuals affected by the matters; by the Secretary to the appropriate commit- programs and activities of the Department; ‘‘(B) ongoing criminal investigations or tees or subcommittees of Congress under sec- and proceedings; tion 5(d) shall also be transmitted, within (5) notifying the Inspector General of any ‘‘(C) undercover operations; the 7-day period specified under that sub- matter that, in the opinion of the Civil ‘‘(D) the identity of confidential sources, section, to— Rights Officer, warrants further investiga- including protected witnesses; ‘‘(1) the President of the Senate; tion. ‘‘(E) other matters the disclosure of which ‘‘(2) the Speaker of the House of Represent- SEC. 111. PRIVACY OFFICER. would constitute a serious threat to the pro- atives; (a) IN GENERAL.—There shall be in the De- tection of any person or property authorized ‘‘(3) the Committee on Governmental Af- partment a Privacy Officer, who shall be ap- protection by— fairs of the Senate; and pointed by the Secretary. ‘‘(i) section 3056 of title 18, United States ‘‘(4) the Committee on Government Reform (b) RESPONSIBILITIES.—The Privacy Officer Code; of the House of Representatives.’’. shall— September 30, 2002 CONGRESSIONAL RECORD — SENATE S9603 (1) oversee compliance with section 552a of (A) joint research and development on ported from suspect locations recognized by title 5, United States Code (commonly re- countermeasures; the intelligence community as having ter- ferred to as the Privacy Act of 1974) and all (B) joint training exercises of first respond- rorist activities, unusual human health or other applicable laws relating to the privacy ers; and agriculture disease outbreaks, or harboring of personal information; (C) exchange of expertise on terrorism pre- terrorists. (2) assist the Secretary, directorates, and vention, response, and crisis management. (5) Providing agency-specific training for offices with the development and implemen- (2) To identify areas for homeland security agents and analysts within the Department, tation of policies and procedures that ensure information and training exchange. other agencies, and State and local agencies that— (3) To plan and undertake international and international entities that have estab- (A) privacy considerations and safeguards conferences, exchange programs, and train- lished partnerships with the Federal Law En- are appropriately incorporated and imple- ing activities. forcement Training Center. mented in Department programs and activi- (4) To manage activities under this section (6) Assisting and supporting the Secretary, ties; and and other international activities within the in coordination with other Directorates and (B) any information received by the De- Department in consultation with the Depart- entities outside the Department, in con- partment is used or disclosed in a manner ment of State and other relevant Federal of- ducting appropriate risk analysis and risk that minimizes the risk of harm to individ- ficials. management activities consistent with the uals from the inappropriate disclosure or use (5) To initially concentrate on fostering mission and functions of the Directorate. of such materials; cooperation with countries that are already (7) Consistent with section 175, conducting (3) assist Department personnel with the highly focused on homeland security issues agricultural import and entry inspection preparation of privacy impact assessments and that have demonstrated the capability functions transferred under section 175. when required by law or considered appro- for fruitful cooperation with the United (8) Performing such other duties as as- priate by the Secretary; and States in the area of counterterrorism. signed by the Secretary. (c) TRANSFER OF AUTHORITIES, FUNCTIONS, (4) notify the Inspector General of any SEC. 114. EXECUTIVE SCHEDULE POSITIONS. matter that, in the opinion of the Privacy PERSONNEL, AND ASSETS TO THE DEPART- (a) EXECUTIVE SCHEDULE LEVEL I POSI- Officer, warrants further investigation. MENT.—Except as provided under subsection TION.—Section 5312 of title 5, United States SEC. 112. CHIEF HUMAN CAPITAL OFFICER. (d), the authorities, functions, personnel, and Code, is amended by adding at the end the assets of the following entities are trans- (a) IN GENERAL.—The Secretary shall ap- following: point or designate a Chief Human Capital Of- ferred to the Department: ‘‘Secretary of Homeland Security.’’. (1) The United States Customs Service, ficer, who shall— (b) EXECUTIVE SCHEDULE LEVEL II POSI- (1) advise and assist the Secretary and which shall be maintained as a distinct enti- TION.—Section 5313 of title 5, United States other officers of the Department in ensuring ty within the Department. Code, is amended by adding at the end the (2) The Transportation Security Adminis- that the workforce of the Department has following: the necessary skills and training, and that tration of the Department of Transportation. ‘‘Deputy Secretary of Homeland Secu- (3) The Federal Law Enforcement Training the recruitment and retention policies of the rity.’’. Department allow the Department to attract Center of the Department of the Treasury. (c) EXECUTIVE SCHEDULE LEVEL III POSI- and retain a highly qualified workforce, in (d) EXERCISE OF CUSTOMS REVENUE AUTHOR- TION.—Section 5314 of title 5, United States ITY.— accordance with all applicable laws and re- Code, is amended by adding at the end the quirements, to enable the Department to (1) IN GENERAL.— following: (A) AUTHORITIES NOT TRANSFERRED.—Not- achieve its missions; ‘‘Under Secretary for Management, De- (2) oversee the implementation of the laws, withstanding subsection (c), authority that partment of Homeland Security.’’. was vested in the Secretary of the Treasury rules and regulations of the President and (d) EXECUTIVE SCHEDULE LEVEL IV POSI- the Office of Personnel Management gov- by law to issue regulations related to cus- TIONS.—Section 5315 of title 5, United States toms revenue functions before the effective erning the civil service within the Depart- Code, is amended by adding at the end the ment; and date of this section under the provisions of following: law set forth under paragraph (2) shall not be (3) advise and assist the Secretary in plan- ‘‘Assistant Secretaries of Homeland Secu- ning and reporting under the Government transferred to the Secretary by reason of rity (5). this Act. The Secretary of the Treasury, Performance and Results Act of 1993 (includ- ‘‘Inspector General, Department of Home- ing the amendments made by that Act), with with the concurrence of the Secretary, shall land Security. exercise this authority. The Commissioner of respect to the human capital resources and ‘‘Chief Financial Officer, Department of needs of the Department for achieving the Customs is authorized to engage in activities Homeland Security. to develop and support the issuance of the plans and goals of the Department. ‘‘Chief Information Officer, Department of (b) RESPONSIBILITIES.—The responsibilities regulations described in this paragraph. The Homeland Security. of the Chief Human Capital Officer shall in- Secretary shall be responsible for the imple- ‘‘General Counsel, Department of Home- clude— mentation and enforcement of regulations land Security.’’. (1) setting the workforce development issued under this section. strategy of the Department; Subtitle B—Establishment of Directorates (B) REPORT.—Not later than 60 days after (2) assessing workforce characteristics and and Offices the date of enactment of this Act, the Sec- future needs based on the mission and stra- SEC. 131. DIRECTORATE OF BORDER AND TRANS- retary of the Treasury shall submit a report tegic plan of the Department; PORTATION PROTECTION. to the Committee on Finance of the Senate (3) aligning the human resources policies (a) ESTABLISHMENT.— and the Committee on Ways and Means of and programs of the Department with orga- (1) DIRECTORATE.—There is established the House of Representatives of proposed nization mission, strategic goals, and per- within the Department the Directorate of conforming amendments to the statutes set formance outcomes; Border and Transportation Protection. forth under paragraph (2) in order to deter- (4) developing and advocating a culture of (2) UNDER SECRETARY.—There shall be an mine the appropriate allocation of legal au- continuous learning to attract and retain Under Secretary for Border and Transpor- thorities described under this subsection. employees with superior abilities; tation, who shall be appointed by the Presi- The Secretary of the Treasury shall also (5) identifying best practices and dent, by and with the advice and consent of identify those authorities vested in the Sec- benchmarking studies; the Senate. retary of the Treasury that are exercised by (6) applying methods for measuring intel- (b) RESPONSIBILITIES.—The Directorate of the Commissioner of Customs on or before lectual capital and identifying links of that Border and Transportation Protection shall the effective date of this section. capital to organizational performance and be responsible for the following: (C) LIABILITY.—Neither the Secretary of growth; and (1) Securing the borders, territorial waters, the Treasury nor the Department of the (7) providing employee training and profes- ports, terminals, waterways and air, land Treasury shall be liable for or named in any sional development. (including rail), and sea transportation sys- legal action concerning the implementation SEC. 113. OFFICE OF INTERNATIONAL AFFAIRS. tems of the United States, including coordi- and enforcement of regulations issued under (a) ESTABLISHMENT.—There is established nating governmental activities at ports of this paragraph on or after the date on which within the Office of the Secretary, an Office entry. the United States Customs Service is trans- of International Affairs. The Office shall be (2) Receiving and providing relevant intel- ferred under this division. headed by a Director who shall be appointed ligence on threats of terrorism and other (2) APPLICABLE LAWS.—The provisions of by the Secretary. homeland threats. law referred to under paragraph (1) are those (b) RESPONSIBILITIES OF THE DIRECTOR.— (3) Administering, carrying out, and pro- sections of the following statutes that relate The Director shall have the following respon- moting other established missions of the en- to customs revenue functions: sibilities: tities transferred to the Directorate. (A) The Tariff Act of 1930 (19 U.S.C. 1304 et (1) To promote information and education (4) Using intelligence from the Directorate seq.). exchange with foreign nations in order to of Intelligence and other Federal intel- (B) Section 249 of the Revised Statutes of promote sharing of best practices and tech- ligence organizations under section the United States (19 U.S.C. 3). nologies relating to homeland security. Such 132(a)(1)(B) to establish inspection priorities (C) Section 2 of the Act of March 4, 1923 (19 information exchange shall include— to identify products and other goods im- U.S.C. 6). S9604 CONGRESSIONAL RECORD — SENATE September 30, 2002 (D) Section 13031 of the Consolidated Omni- amounts as are available in that Account for community with respect to foreign intel- bus Budget Reconciliation Act of 1985 (19 the development, establishment, and imple- ligence and counterintelligence), the Attor- U.S.C. 58c). mentation of the Automated Commercial ney General, and the heads of other agencies (E) Section 251 of the Revised Statutes of Environment computer system for the proc- of the Federal Government shall ensure that the United States (19 U.S.C. 66). essing of merchandise that is entered or re- all intelligence and other information relat- (F) Section 1 of the Act of June 26, 1930 (19 leased and for other purposes related to the ing to international terrorism is provided to U.S.C. 68). functions of the Department of Homeland the Director of Central Intelligence’s (G) The Foreign Trade Zones Act (19 U.S.C. Security. Amounts appropriated pursuant to Counterterrorist Center. 81a et seq.). this subparagraph are authorized to remain (iii) ANALYSIS OF INFORMATION.—The Direc- (H) Section 1 of the Act of March 2, 1911 (19 available until expended. tor of Central Intelligence shall ensure the U.S.C. 198). ‘‘(C) In adjusting the fee imposed by sub- analysis by the Counterterrorist Center of (I) The Trade Act of 1974 (19 U.S.C. 2101 et section (a)(9)(A) for fiscal year 2006, the Sec- all intelligence and other information pro- seq.). retary of the Treasury shall reduce the vided the Counterterrorist Center under (J) The Trade Agreements Act of 1979 (19 amount estimated to be collected in fiscal clause (ii). U.S.C. 2502 et seq.). year 2006 by the amount by which total fees (iv) ANALYSIS OF FOREIGN INTELLIGENCE.— (K) The North American Free Trade Agree- deposited to the Customs Commercial and The Counterterrorist Center shall have pri- ment Implementation Act (19 U.S.C. 3301 et Homeland Security Automation Account seq.). mary responsibility for the analysis of for- during fiscal years 2003, 2004, and 2005 exceed eign intelligence relating to international (L) The Uruguay Round Agreements Act total appropriations from that Account.’’. terrorism. (19 U.S.C. 3501 et seq.). (2) ADVISORY COMMITTEE ON COMMERCIAL OP- (2) UNDER SECRETARY.—There shall be an (M) The Caribbean Basin Economic Recov- ERATIONS OF THE UNITED STATES CUSTOMS Under Secretary for Intelligence who shall ery Act (19 U.S.C. 2701 et seq.). SERVICE.—Section 9503(c) of the Omnibus be appointed by the President, by and with (N) The Andean Trade Preference Act (19 Budget Reconciliation Act of 1987 (Public the advice and consent of the Senate. U.S.C. 3201 et seq.). Law 100–203; 19 U.S.C. 2071 note) is amended— (O) The African Growth and Opportunity (A) in paragraph (1), by inserting ‘‘in con- (b) RESPONSIBILITIES.—The Directorate of Act (19 U.S.C. 3701 et seq.). sultation with the Secretary of Homeland Intelligence shall be responsible for the fol- (P) Any other provision of law vesting cus- Security’’ after ‘‘Secretary of the Treasury’’; lowing: toms revenue functions in the Secretary of (B) in paragraph (2)(A), by inserting ‘‘in (1)(A) Receiving and analyzing law enforce- the Treasury. consultation with the Secretary of Homeland ment and other information from agencies of (3) DEFINITION OF CUSTOMS REVENUE FUNC- Security’’ after ‘‘Secretary of the Treasury’’; the United States Government, State and TIONS.—In this subsection, the term ‘‘cus- (C) in paragraph (3)(A), by inserting ‘‘and local government agencies (including law en- toms revenue functions’’ means— the Secretary of Homeland Security’’ after forcement agencies), and private sector enti- (A) assessing, collecting, and refunding du- ‘‘Secretary of the Treasury’’; and ties, and fusing such information and anal- ties (including any special duties), excise (D) in paragraph (4)— ysis with analytical products, assessments, taxes, fees, and any liquidated damages or (i) by inserting ‘‘and the Under Secretary and warnings concerning foreign intelligence penalties due on imported merchandise, in- of Homeland Security for Border and Trans- from the Director of Central Intelligence’s cluding classifying and valuing merchandise portation’’ after ‘‘for Enforcement’’; and and the procedures for ‘‘entry’’ as that term Counterterrorist Center in order to— (ii) by inserting ‘‘jointly’’ after ‘‘shall pre- (i) identify and assess the nature and scope is defined in the United States Customs laws; side’’. of threats to the homeland; and (B) administering section 337 of the Tariff (3) CONFORMING AMENDMENT.—Section (ii) detect and identify threats of terrorism Act of 1930 and provisions relating to import 311(b) of the Customs Border Security Act of against the United States and other threats quotas and the marking of imported mer- 2002 (Public Law 107–210) is amended by to homeland security. chandise, and providing Customs striking paragraph (2). (B) Nothing in this paragraph shall be con- Recordations for copyrights, patents, and SEC. 132. DIRECTORATE OF INTELLIGENCE. trademarks; strued to prohibit the Directorate from con- (a) ESTABLISHMENT.— (C) collecting accurate import data for ducting supplemental analysis of foreign in- (1) DIRECTORATE.— compilation of international trade statistics; telligence relating to threats of terrorism (A) IN GENERAL.—There is established a Di- and against the United States and other threats rectorate of Intelligence which shall serve as to homeland security. (D) administering reciprocal trade agree- a national-level focal point for information (2) Ensuring timely and efficient access by ments and trade preference legislation. available to the United States Government (e) CONTINUATION OF CERTAIN FUNCTIONS OF the Directorate to— relating to the plans, intentions, and capa- THE CUSTOMS SERVICE.— (A) information from agencies described bilities of terrorists and terrorist organiza- (1) IN GENERAL.— under subsection (a)(1)(B), State and local tions for the purpose of supporting the mis- (A) PRESERVATION OF CUSTOMS FUNDS.— governments, local law enforcement and in- sion of the Department. Notwithstanding any other provision of this telligence agencies, private sector entities; (B) SUPPORT TO DIRECTORATE.—The Direc- Act, no funds available to the United States torate of Intelligence shall communicate, co- and Customs Service or collected under para- ordinate, and cooperate with— (B) open source information. graphs (1) through (8) of section 13031(a) of (i) the Federal Bureau of Investigation; (3) Representing the Department in proce- the Consolidated Omnibus Budget Reconcili- (ii) the intelligence community, as defined dures to establish requirements and prior- ation Act of 1985 (19 U.S.C. 58c(a)(1) through under section 3 of the National Security Act ities in the collection of national intel- (8)) may be transferred for use by any other of 1947 (50 U.S.C. 401a), including the Office of ligence for purposes of the provision to the agency or office in the Department. the Director of Central Intelligence, the Na- executive branch under section 103 of the Na- (B) CUSTOMS AUTOMATION.—Section 13031(f) tional Intelligence Council, the Central In- tional Security Act of 1947 (50 U.S.C. 403–3) of of the Consolidated Omnibus Budget Rec- telligence Agency, the National Security national intelligence relating to foreign ter- onciliation Act of 1985 (19 U.S.C. 58c(f)) is Agency, the Defense Intelligence Agency, the rorist threats to the homeland. amended— National Imagery and Mapping Agency, the (4) Consulting with the Attorney General (i) in paragraph (1), by striking subpara- National Reconnaissance Office, and the Bu- or the designees of the Attorney General, graph (B) and inserting the following: reau of Intelligence and Research of the De- and other officials of the United States Gov- ‘‘(B) amounts deposited into the Customs partment of State; and ernment to establish overall collection prior- Commercial and Homeland Security Auto- (iii) other agencies or entities, including ities and strategies for information, includ- mation Account under paragraph (5).’’; those within the Department, as determined ing law enforcement information, relating to (ii) in paragraph (4), by striking ‘‘(other by the Secretary. domestic threats, such as terrorism, to the than the excess fees determined by the Sec- (C) INFORMATION ON INTERNATIONAL TER- homeland. retary under paragraph (5))’’; and RORISM.— (5) Disseminating information to the Di- (iii) by striking paragraph (5) and inserting (i) DEFINITIONS.—In this subparagraph, the rectorate of Critical Infrastructure Protec- the following: tion, the agencies described under subsection ‘‘(5)(A) There is created within the general terms ‘‘foreign intelligence’’ and ‘‘counter- (a)(1)(B), State and local governments, local fund of the Treasury a separate account that intelligence’’ shall have the meaning given shall be known as the ‘Customs Commercial those terms in section 3 of the National Se- law enforcement and intelligence agencies, and Homeland Security Automation Ac- curity Act of 1947 (50 U.S.C. 401a). and private sector entities to assist in the count’. In each of fiscal years 2003, 2004, and (ii) PROVISION OF INFORMATION TO deterrence, prevention, preemption, and re- 2005 there shall be deposited into the Ac- COUNTERTERRORIST CENTER.—In order to en- sponse to threats of terrorism against the count from fees collected under subsection sure that the Secretary is provided with ap- United States and other threats to homeland (a)(9)(A), $350,000,000. propriate analytical products, assessments, security. ‘‘(B) There is authorized to be appropriated and warnings relating to threats of terrorism (6) Establishing and utilizing, in conjunc- from the Customs Commercial and Home- against the United States and other threats tion with the Chief Information Officer of land Security Automation Account for each to homeland security, the Director of Cen- the Department and the appropriate officers of fiscal years 2003 through 2005 such tral Intelligence (as head of the intelligence of the agencies described under subsection September 30, 2002 CONGRESSIONAL RECORD — SENATE S9605

(a)(1)(B), a secure communications and infor- bility as described in this division, that may (5) PERFORMANCE EVALUATION.—The Sec- mation technology infrastructure, and ad- be collected, possessed, or prepared, by any retary shall evaluate the performance of all vanced analytical tools, to carry out the other United States Government agency. personnel detailed to the Directorate, or del- mission of the Directorate. (2) ADDITIONAL INFORMATION.—As the Presi- egate such responsibility to the Under Sec- (7) Developing, in conjunction with the dent may further provide, the Secretary retary for Intelligence. Chief Information Officer of the Department shall receive additional information re- (g) INTELLIGENCE COMMUNITY.—Those por- and appropriate officers of the agencies de- quested by the Secretary from the agencies tions of the Directorate of Intelligence under scribed under subsection (a)(1)(B), appro- described under subsection (a)(1)(B). subsection (b)(1), and the intelligence-related priate software, hardware, and other infor- (3) OBTAINING INFORMATION.—All informa- components of agencies transferred by this mation technology, and security and for- tion shall be provided to the Secretary con- division to the Department, including the matting protocols, to ensure that Federal sistent with the requirements of subsection United States Coast Guard, shall be— Government databases and information tech- (b)(8), unless otherwise determined by the (1) considered to be part of the United nology systems containing information rel- President. States intelligence community within the evant to terrorist threats, and other threats (4) COOPERATIVE ARRANGEMENTS.—The Sec- meaning of section 3 of the National Secu- against the United States, are— retary may enter into cooperative arrange- rity Act of 1947 (50 U.S.C. 401a); and (A) compatible with the secure commu- ments with agencies described under sub- (2) for budgetary purposes, within the Na- nications and information technology infra- section (a)(1)(B) to share material on a reg- tional Foreign Intelligence Program. structure referred to under paragraph (6); ular or routine basis, including arrange- SEC. 133. DIRECTORATE OF CRITICAL INFRA- and ments involving broad categories of mate- STRUCTURE PROTECTION. (B) comply with Federal laws concerning rial, and regardless of whether the Secretary (a) ESTABLISHMENT.— privacy and the prevention of unauthorized has entered into any such cooperative ar- (1) DIRECTORATE.—There is established disclosure. rangement, all agencies described under sub- within the Department the Directorate of (8) Ensuring, in conjunction with the Di- section (a)(1)(B) shall promptly provide in- Critical Infrastructure Protection. rector of Central Intelligence and the Attor- formation under this subsection. (2) UNDER SECRETARY.—There shall be an ney General, that all material received by (d) AUTHORIZATION TO SHARE LAW ENFORCE- Under Secretary for Critical Infrastructure the Department is protected against unau- MENT INFORMATION.—The Secretary shall be Protection, who shall be appointed by the thorized disclosure and is utilized by the De- deemed to be a Federal law enforcement, in- President, by and with the advice and con- partment only in the course and for the pur- telligence, protective, national defense, or sent of the Senate. pose of fulfillment of official duties, and is national security official for purposes of in- (b) RESPONSIBILITIES.—The Directorate of transmitted, retained, handled, and dissemi- formation sharing provisions of— Critical Infrastructure Protection shall be nated consistent with— (1) section 203(d) of the USA PATRIOT Act responsible for the following: (A) the authority of the Director of Central of 2001 (Public Law 107–56); (1) Receiving relevant intelligence from Intelligence to protect intelligence sources (2) section 2517(6) of title 18, United States the Directorate of Intelligence, law enforce- and methods from unauthorized disclosure Code; and ment information, and other information in under the National Security Act of 1947 (50 (3) rule 6(e)(3)(C) of the Federal Rules of order to comprehensively assess the U.S.C. 401 et seq.) and related procedures; or Criminal Procedure. vulnerabilities of the key resources and crit- (B) as appropriate, similar authorities of (e) ADDITIONAL RISK ANALYSIS AND RISK ical infrastructures in the United States. the Attorney General concerning sensitive MANAGEMENT RESPONSIBILITIES.—The Under (2) Integrating relevant information, intel- law enforcement information, and the pri- Secretary for Intelligence shall, in coordina- ligence analysis, and vulnerability assess- vacy interests of United States persons as tion with the Office of Risk Analysis and As- ments (whether such information, analyses, defined under section 101 of the Foreign In- sessment in the Directorate of Science and or assessments are provided by the Depart- telligence Surveillance Act of 1978 (50 U.S.C. Technology, be responsible for— ment or others) to identify priorities and 1801). (1) developing analysis concerning the support protective measures by the Depart- (9) Providing, through the Secretary, to means and methods terrorists might employ ment, by other agencies, by State and local the appropriate law enforcement or intel- to exploit vulnerabilities in the homeland se- government personnel, agencies, and au- ligence agency, information and analysis re- curity infrastructure; thorities, by the private sector, and by other lating to threats. (2) supporting experiments, tests, and in- entities, to protect the key resources and (10) Coordinating, or where appropriate spections to identify weaknesses in home- critical infrastructures in the United States. providing, training and other support as nec- land defenses; (3) As part of a homeland security strat- essary to providers of information to the De- (3) developing countersurveillance tech- egy, developing a comprehensive national partment, or consumers of information from niques to prevent attacks; plan for securing the key resources and crit- the Department, to allow such providers or (4) conducting risk assessments to deter- ical infrastructure in the United States. consumers to identify and share intelligence mine the risk posed by specific kinds of ter- (4) Assisting and supporting the Secretary, information revealed in their ordinary duties rorist attacks, the probability of successful in coordination with other Directorates and or utilize information received from the De- attacks, and the feasibility of specific coun- entities outside the Department, in con- partment, including training and support termeasures. ducting appropriate risk analysis and risk under section 908 of the USA PATRIOT Act (f) MANAGEMENT AND STAFFING.— management activities consistent with the of 2001 (Public Law 107–56). (1) IN GENERAL.—The Directorate of Intel- mission and functions of the Directorate. (11) Reviewing, analyzing, and making rec- ligence shall be staffed, in part, by analysts This shall include, in coordination with the ommendations through the Secretary for im- as requested by the Secretary and assigned Office of Risk Analysis and Assessment in provements in the policies and procedures by the agencies described under subsection the Directorate of Science and Technology, governing the sharing of law enforcement, (a)(1)(B). The analysts shall be assigned by establishing procedures, mechanisms, or intelligence, and other information relating reimbursable detail for periods as deter- units for the purpose of utilizing intelligence to threats of terrorism against the United mined necessary by the Secretary in con- to identify vulnerabilities and protective States and other threats to homeland secu- junction with the head of the assigning agen- measures in— rity within the United States Government cy. No such detail may be undertaken with- (A) public health infrastructure; and between the United States Government out the consent of the assigning agency. (B) food and water storage, production and and State and local governments, local law (2) EMPLOYEES ASSIGNED WITHIN DEPART- distribution; enforcement and intelligence agencies, and MENT.—The Secretary may assign employees (C) commerce systems, including banking private sector entities. of the Department by reimbursable detail to and finance; (12) Assisting and supporting the Sec- the Directorate. (D) energy systems, including electric retary, in coordination with other Direc- (3) SERVICE AS FACTOR FOR SELECTION.—The power and oil and gas production and stor- torates and entities outside the Department, President, or the designee of the President, age; in conducting appropriate risk analysis and shall prescribe regulations to provide that (E) transportation systems, including pipe- risk management activities consistent with service described under paragraph (1) or (2), lines; the mission and functions of the Directorate. or service by employees within the Direc- (F) information and communication sys- (13) Performing other related and appro- torate, shall be considered a positive factor tems; priate duties as assigned by the Secretary. for selection to positions of greater author- (G) continuity of government services; and (c) ACCESS TO INFORMATION.— ity within all agencies described under sub- (H) other systems or facilities the destruc- (1) IN GENERAL.—Unless otherwise directed section (a)(1)(B). tion or disruption of which could cause sub- by the President, the Secretary shall have (4) PERSONNEL SECURITY STANDARDS.—The stantial harm to health, safety, property, or access to, and United States Government employment of personnel in the Directorate the environment. agencies shall provide, all reports, assess- shall be in accordance with such personnel (5) Enhancing the sharing of information ments, analytical information, and informa- security standards for access to classified in- regarding cyber security and physical secu- tion, including unevaluated intelligence, re- formation and intelligence as the Secretary, rity of the United States, developing appro- lating to the plans, intentions, capabilities, in conjunction with the Director of Central priate security standards, tracking and activities of terrorists and terrorist or- Intelligence, shall establish for this sub- vulnerabilities, proposing improved risk ganizations, and to other areas of responsi- section. management policies, and delineating the S9606 CONGRESSIONAL RECORD — SENATE September 30, 2002 roles of various Government agencies in pre- (2) Assuming the responsibilities carried sonnel, and assets of the following entities venting, defending, and recovering from at- out by the National Domestic Preparedness are transferred to the Department: tacks. Office before the effective date of this divi- (1) The Federal Emergency Management (6) Acting as the Critical Information sion. Agency, the 10 regional offices of which shall Technology, Assurance, and Security Officer (3) Organizing and training local entities be maintained and strengthened by the De- of the Department and assuming the respon- to respond to emergencies and providing partment, which shall be maintained as a sibilities carried out by the Critical Infra- State and local authorities with equipment distinct entity within the Department. structure Assurance Office and the National for detection, protection, and decontamina- (2) The National Office of Domestic Pre- Infrastructure Protection Center before the tion in an emergency involving weapons of paredness of the Federal Bureau of Investiga- effective date of this division. mass destruction. tion of the Department of Justice. (7) Coordinating the activities of the Infor- (4) Overseeing Federal, State, and local (3) The Office of Domestic Preparedness of mation Sharing and Analysis Centers to emergency preparedness training and exer- the Department of Justice. share information, between the public and cise programs in keeping with intelligence (4) The Office of Emergency Preparedness private sectors, on threats, vulnerabilities, estimates and coordinating Federal assist- within the Office of the Assistant Secretary individual incidents, and privacy issues re- ance for any emergency, including emer- for Public Health Emergency Preparedness garding homeland security. gencies caused by natural disasters, man- of the Department of Health and Human (8) Working closely with the Department of made accidents, human or agricultural Services, including— State on cyber security issues with respect health emergencies, or terrorist attacks. (A) the Noble Training Center; to international bodies and coordinating (5) Creating a National Crisis Action Cen- (B) the Metropolitan Medical Response with appropriate agencies in helping to es- ter to act as the focal point for— System; tablish cyber security policy, standards, and (A) monitoring emergencies; (C) the Department of Health and Human enforcement mechanisms. (B) notifying affected agencies and State Services component of the National Disaster (9) Establishing the necessary organiza- and local governments; and Medical System; tional structure within the Directorate to (C) coordinating Federal support for State (D) the Disaster Medical Assistance Teams, provide leadership and focus on both cyber and local governments and the private sector the Veterinary Medical Assistance Teams, security and physical security, and ensuring in crises. and the Disaster Mortuary Operational Re- the maintenance of a nucleus of cyber secu- (6) Managing and updating the Federal re- sponse Teams; rity and physical security experts within the sponse plan to ensure the appropriate inte- (E) the special events response; and United States Government. gration of operational activities of the De- (F) the citizen preparedness programs. (10) Performing such other duties as as- partment of Defense, the National Guard, (5) The Strategic National Stockpile of the signed by the Secretary. and other agencies, to respond to acts of ter- Department of Health and Human Services In this subsection, the term ‘‘key re- rorism and other disasters. including all functions and assets under sec- tions 121 and 127 of the Public Health Secu- sources’’ includes National Park Service (7) Coordinating activities among private rity and Bioterrorism Preparedness and Re- sites identified by the Secretary of the Inte- sector entities, including entities within the sponse Act of 2002 (Public Law 107–188). rior that are so universally recognized as medical community, and animal health and (6)(A) Except as provided in subparagraph symbols of the United States and so heavily plant disease communities, with respect to (B)— visited by the American and international recovery, consequence management, and (i) the functions of the Select Agent Reg- public that such sites would likely be identi- planning for continuity of services. istration Program of the Department of fied as targets of terrorist attacks, including (8) Developing and managing a single re- Health and Human Services, including all the Statue of Liberty, Independence Hall and sponse system for national incidents in co- functions of the Secretary of Health and the Liberty Bell, the Arch in St. Louis, Mis- ordination with all appropriate agencies. Human Services under title II of the Public souri, Mt. Rushmore, and memorials and (9) Coordinating with other agencies nec- Health Security and Bioterrorism Prepared- monuments in Washington, D.C. essary to carry out the functions of the Of- ness and Response Act of 2002 (Public Law (c) TRANSFER OF AUTHORITIES, FUNCTIONS, fice of Emergency Preparedness. 107–188); and PERSONNEL, AND ASSETS TO THE DEPART- (10) Collaborating with, and transferring (ii) the functions of the Department of Ag- MENT.—The authorities, functions, per- funds to, the Centers for Disease Control and riculture under the Agricultural Bioter- sonnel, and assets of the following entities Prevention or other agencies for administra- rorism Protection Act of 2002 (7 U.S.C. 8401 et are transferred to the Department: tion of the Strategic National Stockpile seq.). (1) The Critical Infrastructure Assurance transferred under subsection (c)(5). (B)(i) The Secretary shall collaborate with Office of the Department of Commerce. (11) Collaborating with the Under Sec- the Secretary of Health and Human Services (2) The National Infrastructure Protection retary for Science and Technology, Sec- in determining the biological agents and tox- Center of the Federal Bureau of Investiga- retary of Agriculture, and the Director of ins that shall be listed as ‘‘select agents’’ in tion (other than the Computer Investiga- the Centers for Disease Control and Preven- Appendix A of part 72 of title 42, Code of Fed- tions and Operations Section). tion in establishing and updating the list of eral Regulations, pursuant to section 351A of (3) The National Communications System potential threat agents or toxins relating to the Public Health Service Act (42 U.S.C. of the Department of Defense. the functions described in subsection 262a). (4) The Computer Security Division of the (c)(6)(B). (ii) The Secretary shall collaborate with National Institute of Standards and Tech- (12) Developing a plan to address the inter- the Secretary of Agriculture in determining nology of the Department of Commerce. face of medical informatics and the medical the biological agents and toxins that shall be (5) The National Infrastructure Simulation response to terrorism that address— included on the list of biological agents and and Analysis Center of the Department of (A) standards for interoperability; toxins required under section 212(a) of the Energy. (B) real-time data collection; Agricultural Bioterrorism Protection Act of (6) The Federal Computer Incident Re- (C) ease of use for health care providers; 2002 (7 U.S.C. 8401). sponse Center of the General Services Ad- (D) epidemiological surveillance of disease (C) In promulgating regulations pursuant ministration. outbreaks in human health and agriculture; to the functions described in subparagraph (7) The Energy Security and Assurance (E) integration of telemedicine networks (A), the Secretary shall act in collaboration Program of the Department of Energy. and standards; with the Secretary of Health and Human (8) The Federal Protective Service of the (F) patient confidentiality; and Services and the Secretary of Agriculture. General Services Administration. (G) other topics pertinent to the mission of (d) APPOINTMENT AS UNDER SECRETARY AND the Department. SEC. 134. DIRECTORATE OF EMERGENCY PRE- DIRECTOR.— (13) Activate and coordinate the operations PAREDNESS AND RESPONSE. (1) IN GENERAL.—An individual may serve (a) ESTABLISHMENT.— of the National Disaster Medical System as as both the Under Secretary for Emergency (1) DIRECTORATE.—There is established defined under section 102 of the Public Preparedness and Response and the Director within the Department the Directorate of Health Security and Bioterrorism Prepared- of the Federal Emergency Management Emergency Preparedness and Response. ness and Response Act of 2002 (Public Law Agency if appointed by the President, by and (2) UNDER SECRETARY.—There shall be an 107–188). with the advice and consent of the Senate, to Under Secretary for Emergency Prepared- (14) Assisting and supporting the Sec- each office. retary, in coordination with other Direc- ness and Response, who shall be appointed by (2) PAY.—Nothing in paragraph (1) shall be the President, by and with the advice and torates and entities outside the Department, construed to authorize an individual ap- consent of the Senate. in conducting appropriate risk analysis and pointed to both positions to receive pay at a (b) RESPONSIBILITIES.—The Directorate of risk management activities consistent with rate of pay in excess of the rate of pay pay- Emergency Preparedness and Response shall the mission and functions of the Directorate. able for the position to which the higher rate be responsible for the following: (15) Performing such other duties as as- of pay applies. (1) Carrying out all emergency prepared- signed by the Secretary. (e) REPORT.—Not later than 1 year after ness and response activities carried out by (c) TRANSFER OF AUTHORITIES, FUNCTIONS, the date of enactment of this Act, the Under the Federal Emergency Management Agency PERSONNEL, AND ASSETS TO THE DEPART- Secretary for Emergency Preparedness and before the effective date of this division. MENT.—The authorities, functions, per- Response shall submit a report to Congress September 30, 2002 CONGRESSIONAL RECORD — SENATE S9607 on the status of a national medical (B) Developing a technology roadmap that (i) be submitted to the President of the informatics system and an agricultural dis- shall be updated biannually for achieving Senate, the Speaker of the House of Rep- ease surveillance system, and the capacity of technological goals relevant to homeland se- resentatives, the Committee on Govern- such systems to meet the goals under sub- curity needs. mental Affairs of the Senate, the Committee section (b)(12) in responding to a terrorist at- (C) Instituting mechanisms to promote, fa- on Government Reform of the House of Rep- tack. cilitate, and expedite the transfer and de- resentatives, the Committee on Appropria- SEC. 135. DIRECTORATE OF SCIENCE AND TECH- ployment of technologies relevant to home- tions of the Senate, and the Committee on NOLOGY. land security needs, including dual-use capa- Appropriations of the House of Representa- (a) PURPOSE.—The purpose of this section bilities. tives; and is to establish a Directorate of Science and (D) Assisting the Secretary and the Direc- (ii) report on other transactions entered Technology that will support the mission of tor of OSTP to ensure that science and tech- into under subparagraph (B). the Department and the directorates of the nology priorities are clearly reflected and (B) Authority to carry out prototype Department by— considered in a homeland security Strategy. projects in accordance with the requirements (1) establishing, funding, managing, and (E) Establishing mechanisms for the shar- and conditions provided for carrying out pro- supporting research, development, dem- ing and dissemination of key homeland secu- totype projects under section 845 of the Na- onstration, testing, and evaluation activities rity research and technology developments tional Defense Authorization Act for Fiscal to meet national homeland security needs Year 1994 (Public Law 103–160), for a period of and objectives; and opportunities with appropriate Federal, State, local, and private sector entities. 5 years beginning on the date of enactment (2) setting national research and develop- of this Act. In applying the authorities of (F) Establishing, in coordination with the ment goals and priorities pursuant to the such section 845, subsection (c) of that sec- Under Secretary for Critical Infrastructure mission of the Department, and developing tion shall apply with respect to prototype Protection and the Under Secretary for strategies and policies in furtherance of such projects under this paragraph, and the Sec- Emergency Preparedness and Response and goals and priorities; retary shall perform the functions of the relevant programs under their direction, a (3) coordinating and collaborating with Secretary of Defense under subsection (d) of National Emergency Technology Guard, other Federal departments and agencies, and that section. Competitive, merit-based selec- comprised of teams of volunteers with exper- State, local, academic, and private sector en- tion procedures shall be used for the selec- tities, to advance the research and develop- tise in relevant areas of science and tech- tion of projects and participants for trans- ment agenda of the Department; nology, to assist local communities in re- actions entered into under the authority of (4) advising the Secretary on all scientific sponding to and recovering from emergency this paragraph. and technical matters relevant to homeland contingencies requiring specialized scientific (C) In hiring personnel to assist in re- security; and and technical capabilities. In carrying out search, development, testing, and evaluation (5) facilitating the transfer and deploy- this responsibility, the Under Secretary activities within the Directorate of Science ment of technologies that will serve to en- shall establish and manage a database of Na- and Technology, the authority to exercise hance homeland security goals. tional Emergency Technology Guard volun- the personnel hiring and management au- (b) DEFINITIONS.—In this section: teers, and prescribe procedures for orga- thorities described in section 1101 of the (1) COUNCIL.—The term ‘‘Council’’ means nizing, certifying, mobilizing, and deploying Strom Thurmond National Defense Author- the Homeland Security Science and Tech- National Emergency Technology Guard ization Act for Fiscal Year 1999 (5 U.S.C. 3104 nology Council established under this sec- teams. note; Public Law 105–261), with the stipula- tion. (G) Chairing the Working Group estab- tion that the Secretary shall exercise such (2) FUND.—The term ‘‘Fund’’ means the Ac- lished under section 108 of the Public Health authority for a period of 7 years commencing celeration Fund for Research and Develop- Security and Bioterrorism Preparedness and on the date of enactment of this Act, that a ment of Homeland Security Technologies es- Response Act of 2002 (Public Law 107–188). maximum of 100 persons may be hired under tablished under this section. (H) Assisting the Secretary in developing a such authority, and that the term of ap- (3) HOMELAND SECURITY RESEARCH AND DE- homeland security strategy for Counter- pointment for employees under subsection VELOPMENT.—The term ‘‘homeland security measure Research described under sub- (c)(1) of that section may not exceed 5 years research and development’’ means research section (k). before the granting of any extensions under and development applicable to the detection (I) Assisting the Secretary and acting on subsection (c)(2) of that section. of, prevention of, protection against, re- behalf of the Secretary in contracting with, (D) With respect to such research, develop- sponse to, and recovery from homeland secu- commissioning, or establishing federally ment, testing, and evaluation responsibil- rity threats, particularly acts of terrorism. funded research and development centers de- ities under this section (except as provided (4) OSTP.—The term ‘‘OSTP’’ means the termined useful and appropriate by the Sec- in subparagraph (E)) as the Secretary may Office of Science and Technology Policy. retary for the purpose of providing the De- elect to carry out through agencies other (5) SARPA.—The term ‘‘SARPA’’ means partment with independent analysis and sup- than the Department (under agreements the Security Advanced Research Projects port. with their respective heads), the Secretary Agency established under this section. (J) Assisting the Secretary and acting on may transfer funds to such heads. Of the (6) TECHNOLOGY ROADMAP.—The term behalf of the Secretary in entering into joint funds authorized to be appropriated under ‘‘technology roadmap’’ means a plan or sponsorship agreements with the Depart- subsection (d)(4) for the Fund, not less than framework in which goals, priorities, and ment of Energy regarding the use of the na- 10 percent of such funds for each fiscal year milestones for desired future technological tional laboratories or sites. through 2005 shall be authorized only for the capabilities and functions are established, (K) Assisting and supporting the Sec- Under Secretary, through joint agreement and research and development alternatives retary, in coordination with other Direc- with the Commandant of the Coast Guard, to or means for achieving those goals, prior- torates and entities outside the Department, carry out research and development of im- ities, and milestones are identified and ana- in conducting appropriate risk analysis and proved ports, waterways, and coastal secu- lyzed in order to guide decisions on resource risk management activities consistent with rity surveillance and perimeter protection allocation and investments. the mission and functions of the Directorate. capabilities for the purpose of minimizing (7) UNDER SECRETARY.—The term ‘‘Under (L) Carrying out other appropriate activi- the possibility that Coast Guard cutters, air- Secretary’’ means the Under Secretary for ties as directed by the Secretary. craft, helicopters, and personnel will be di- Science and Technology. (3) RESEARCH AND DEVELOPMENT-RELATED verted from non-homeland security missions (c) DIRECTORATE OF SCIENCE AND TECH- AUTHORITIES.—The Secretary shall exercise to the ports, waterways, and coastal security NOLOGY.— the following authorities relating to the re- mission. (1) ESTABLISHMENT.—There is established a search, development, testing, and evaluation (E) The Secretary may carry out human Directorate of Science and Technology with- activities of the Directorate of Science and health biodefense-related biological, bio- in the Department. Technology: medical, and infectious disease research and (2) UNDER SECRETARY.—There shall be an (A) With respect to research and develop- development (including vaccine research and Under Secretary for Science and Technology, ment expenditures under this section, the development) in collaboration with the Sec- who shall be appointed by the President, by authority (subject to the same limitations retary of Health and Human Services. Re- and with the advice and consent of the Sen- and conditions) as the Secretary of Defense search supported by funding appropriated to ate. The principal responsibility of the Under may exercise under section 2371 of title 10, the National Institutes of Health for bioter- Secretary shall be to effectively and effi- United States Code (except for subsections rorism research and related facilities devel- ciently carry out the purposes of the Direc- (b) and (f)), for a period of 5 years beginning opment shall be conducted through the Na- torate of Science and Technology under sub- on the date of enactment of this Act. Com- tional Institutes of Health under joint stra- section (a). In addition, the Under Secretary petitive, merit-based selection procedures tegic prioritization agreements between the shall undertake the following activities in shall be used for the selection of projects and Secretary and the Secretary of Health and furtherance of such purposes: participants for transactions entered into Human Services. The Secretary shall have (A) Coordinating with the OSTP and other under the authority of this paragraph. The the authority to establish general research appropriate entities in developing and exe- annual report required under subsection (h) priorities, which shall be embodied in the cuting the research and development agenda of such section, as applied to the Secretary joint strategic prioritization agreements of the Department. by this subparagraph, shall— with the Secretary of Health and Human S9608 CONGRESSIONAL RECORD — SENATE September 30, 2002 Services. The specific scientific research (D) assist and advise the Under Secretary other entities, work involving modeling, sta- agenda to implement agreements under this in developing the technology roadmap re- tistical analyses, field tests and exercises subparagraph shall be developed by the Sec- ferred to under subsection (c)(2)(B); and (including red teaming), testbed develop- retary of Health and Human Services, who (E) perform other appropriate activities as ment, development of standards and metrics. shall consult the Secretary to ensure that directed by the Under Secretary. (h) OFFICE FOR TECHNOLOGY EVALUATION the agreements conform with homeland se- (4) ADVISORY PANEL.—The Under Secretary AND TRANSITION.— curity priorities. All research programs es- may establish an advisory panel consisting (1) ESTABLISHMENT.—There is established tablished under those agreements shall be of representatives from industry, academia, an Office for Technology Evaluation and managed and awarded by the Director of the and other non-Federal entities to advise and Transition within the Directorate of Science National Institutes of Health consistent with support the Council. and Technology. those agreements. The Secretary may trans- (5) WORKING GROUPS.—At the discretion of (2) FUNCTION.—The Office for Technology fer funds to the Department of Health and the Under Secretary, the Council may estab- Evaluation and Transition shall, with re- Human Services in connection with those lish working groups in specific homeland se- spect to technologies relevant to homeland agreements. curity areas consisting of individuals with security needs— (d) ACCELERATION FUND.— relevant expertise in each articulated area. (A) serve as the principal, national point- (1) ESTABLISHMENT.—There is established Working groups established for bioterrorism of-contact and clearinghouse for receiving an Acceleration Fund to support research and public health-related research shall be and processing proposals or inquiries regard- and development of technologies relevant to fully coordinated with the Working Group ing such technologies; homeland security. established under section 108 of the Public (B) identify and evaluate promising new (2) FUNCTION.—The Fund shall be used to Health Security and Bioterrorism Prepared- technologies; stimulate and support research and develop- ness and Response Act of 2002 (Public Law (C) undertake testing and evaluation of, ment projects selected by SARPA under sub- 107–188). and assist in transitioning, such tech- (f) SECURITY ADVANCED RESEARCH section (f), and to facilitate the rapid trans- nologies into deployable, fielded systems; PROJECTS AGENCY.— fer of research and technology derived from (D) consult with and advise agencies re- (1) ESTABLISHMENT.—There is established such projects. garding the development, acquisition, and the Security Advanced Research Projects (3) RECIPIENTS.—Fund monies may be made deployment of such technologies; Agency within the Directorate of Science available through grants, contracts, coopera- and Technology. (E) coordinate with SARPA to accelerate tive agreements, and other transactions the transition of technologies developed by (2) RESPONSIBILITIES.—SARPA shall— under subsection (c)(3) (A) and (B) to— (A) undertake and stimulate basic and ap- SARPA and ensure transition paths for such (A) public sector entities, including Fed- plied research and development, leverage ex- technologies; and eral, State, or local entities; isting research and development, and accel- (F) perform other appropriate activities as (B) private sector entities, including cor- erate the transition and deployment of tech- directed by the Under Secretary. porations, partnerships, or individuals; and nologies that will serve to enhance homeland (3) TECHNICAL SUPPORT WORKING GROUP.— (C) other nongovernmental entities, in- defense; The functions described under this sub- cluding universities, federally funded re- (B) identify, fund, develop, and transition section may be carried out through, or in co- search and development centers, and other high-risk, high-payoff homeland security re- ordination with, or through an entity estab- academic or research institutions. search and development opportunities that— lished by the Secretary and modeled after, (4) AUTHORIZATION OF APPROPRIATIONS.— (i) may lie outside the purview or capabili- the Technical Support Working Group (orga- There are authorized to be appropriated ties of the existing Federal agencies; and nized under the April, 1982, National Secu- $200,000,000 for the Fund for fiscal year 2003, (ii) emphasize revolutionary rather than rity Decision Directive Numbered 30) that and such sums as are necessary in subse- evolutionary or incremental advances; provides an interagency forum to coordinate quent fiscal years. (C) provide selected projects with single or research and development of technologies for (e) SCIENCE AND TECHNOLOGY COUNCIL.— multiyear funding, and require such projects combating terrorism. (1) ESTABLISHMENT.—There is established to provide interim progress reports, no less (i) OFFICE OF LABORATORY RESEARCH.— the Homeland Security Science and Tech- often than annually; (1) ESTABLISHMENT.—There is established nology Council within the Directorate of (D) administer the Acceleration Fund to an Office of Laboratory Research within the Science and Technology. The Under Sec- carry out the purposes of this paragraph; Directorate of Science and Technology. retary shall chair the Council and have the (E) advise the Secretary and Under Sec- (2) RESEARCH AND DEVELOPMENT FUNCTIONS authority to convene meetings. At the dis- retary on funding priorities under subsection TRANSFERRED.—There shall be transferred to cretion of the Under Secretary and the Di- (c)(3)(E); and the Department, to be administered by the rector of OSTP, the Council may be con- (F) perform other appropriate activities as Under Secretary, the functions, personnel, stituted as a subcommittee of the National directed by the Under Secretary. assets, and liabilities of the following pro- Science and Technology Council. (g) OFFICE OF RISK ANALYSIS AND ASSESS- grams and activities: (2) COMPOSITION.—The Council shall be MENT.— (A) Within the Department of Energy (but composed of the following: (1) ESTABLISHMENT.—There is established not including programs and activities relat- (A) Senior research and development offi- an Office of Risk Analysis and Assessment ing to the strategic nuclear defense posture cials representing agencies engaged in re- within the Directorate of Science and Tech- of the United States) the following: search and development relevant to home- nology. (i) The chemical and biological national se- land security and combating terrorism (2) FUNCTIONS.—The Office of Risk Analysis curity and supporting programs and activi- needs. Each representative shall be ap- and Assessment shall assist the Secretary, ties supporting domestic response of the non- pointed by the head of the representative’s the Under Secretary, and other Directorates proliferation and verification research and respective agency with the advice and con- with respect to their risk analysis and risk development program. sent of the Under Secretary. management activities by providing sci- (ii) The nuclear smuggling programs and (B) The Director of SARPA and other ap- entific or technical support for such activi- activities, and other programs and activities propriate officials within the Department. ties. Such support shall include, as appro- directly related to homeland security, within (C) The Director of the OSTP and other priate— the proliferation detection program of the senior officials of the Executive Office of the (A) identification and characterization of nonproliferation and verification research President as designated by the President. homeland security threats; and development program, except that the (3) RESPONSIBILITIES.—The Council shall— (B) evaluation and delineation of the risk programs and activities described in this (A) provide the Under Secretary with rec- of these threats; clause may be designated by the President ommendations on priorities and strategies, (C) pinpointing of vulnerabilities or linked either for transfer to the Department or for including those related to funding and port- vulnerabilities to these threats; joint operation by the Secretary and the folio management, for homeland security re- (D) determination of criticality of possible Secretary of Energy. search and development; threats; (iii) The nuclear assessment program and (B) facilitate effective coordination and (E) analysis of possible technologies, re- activities of the assessment, detection, and communication among agencies, other enti- search, and protocols to mitigate or elimi- cooperation program of the international ties of the Federal Government, and entities nate threats, vulnerabilities, and materials protection and cooperation pro- in the private sector and academia, with re- criticalities; gram. spect to the conduct of research and develop- (F) evaluation of the effectiveness of var- (iv) The Environmental Measurements ment related to homeland security; ious forms of risk communication; and Laboratory. (C) recommend specific technology areas (G) other appropriate activities as directed (B) Within the Department of Defense, the for which the Fund and other research and by the Secretary. National Bio-Weapons Defense Analysis Cen- development resources shall be used, among (3) METHODS.—In performing the activities ter established under section 161. other things, to rapidly transition homeland described under paragraph (2), the Office of (3) RESPONSIBILITIES.—The Office of Lab- security research and development into de- Risk Analysis and Assessment may support oratory Research shall— ployed technology and reduce identified or conduct, or commission from federally (A) supervise the activities of the entities homeland security vulnerabilities; funded research and development centers or transferred under this subsection; September 30, 2002 CONGRESSIONAL RECORD — SENATE S9609 (B) administer the disbursement and un- 1949 (41 U.S.C. 253 (b)(1)(C)) or of such site to ably assess the potential countermeasures dertake oversight of research and develop- the extent such section applies to such site market and the potential rate of return; ment funds transferred from the Department as a federally funded research and develop- (D) appropriate intellectual property, risk to other agencies outside of the Department, ment center by reason of subparagraph (B). protection, and Government approval stand- including funds transferred to the Depart- (3) OTHER ARRANGEMENTS.—The Office for ards are applicable to such countermeasures; ment of Health and Human Services con- National Laboratories may enter into other (E) Government-funded research is con- sistent with subsection (c)(3)(E); arrangements with Department of Energy ducted and prioritized so that such research (C) establish and direct new research and national laboratories or sites to carry out complements, and does not unnecessarily du- development facilities as the Secretary de- work to support the missions of the Depart- plicate, research by non-Federal entities and termines appropriate; ment under applicable law, except that the that such Government-funded research is (D) include a science advisor to the Under Department of Energy may not charge or made available, transferred, and licensed on Secretary on research priorities related to apply administrative fees for work on behalf commercially reasonable terms to such enti- biological and chemical weapons, with sup- of the Department. ties for development; and porting scientific staff, who shall advise on (4) TECHNOLOGY TRANSFER.—The Office for (F) universities and research institutions and support research priorities with respect National Laboratories may exercise the au- play a vital role as partners in research and to— thorities in section 12 of the Stevenson- development and technology transfer, with (i) research on countermeasures for bio- Wydler Technology Innovation Act of 1980 (15 appropriate progress benchmarks for such logical weapons, including research on the U.S.C. 3710a) to permit the Director of a De- activities, with for-profit entities. development of drugs, devices, and biologics; partment of Energy national laboratory to (5) REPORTING.—The Secretary shall report and enter into cooperative research and develop- periodically to the Congress on the status of (ii) research on biological and chemical ment agreements, or to negotiate licensing non-Federal entity countermeasure research, threat agents; and agreements, pertaining to work supported by development, and production, and submit ad- (E) other appropriate activities as directed the Department at the Department of En- ditional recommendations for legislation as by the Under Secretary. ergy national laboratory. needed. (j) OFFICE FOR NATIONAL LABORATORIES.— (5) ASSISTANCE IN ESTABLISHING DEPART- (l) CLASSIFICATION OF RESEARCH.— (1) ESTABLISHMENT.—There is established MENT.—At the request of the Under Sec- (1) IN GENERAL.—To the greatest extent within the Directorate of Science and Tech- retary, the Department of Energy shall pro- practicable, research conducted or supported nology an Office for National Laboratories, vide for the temporary appointment or as- by the Department shall be unclassified. which shall be responsible for the coordina- signment of employees of Department of En- (2) CLASSIFICATION AND REVIEW.—The Under tion and utilization of the Department of En- ergy national laboratories or sites to the De- Secretary shall— ergy national laboratories and sites in a partment for purposes of assisting in the es- (A)(i) decide whether classification is ap- manner to create a networked laboratory tablishment or organization of the technical propriate before the award of a research system for the purpose of supporting the programs of the Department through an grant, contract, cooperative agreement, or missions of the Department. agreement that includes provisions for mini- other transaction by the Department; and (2) JOINT SPONSORSHIP ARRANGEMENTS.— mizing conflicts between work assignments (ii) if the decision under clause (i) is one of (A) NATIONAL LABORATORIES.—The Depart- of such personnel. classification, control the research results ment may be a joint sponsor, under a mul- (k) STRATEGY FOR COUNTERMEASURE RE- through standard classification procedures; tiple agency sponsorship arrangement with SEARCH.— and the Department of Energy, of 1 or more De- (1) IN GENERAL.—The Secretary, acting partment of Energy national laboratories in through the Under Secretary for Science and (B) periodically review all classified re- the performance of work on behalf of the De- Technology, shall develop a comprehensive, search grants, contracts, cooperative agree- partment. long-term strategy and plan for engaging ments, and other transactions issued by the Department to determine whether classifica- (B) DEPARTMENT OF ENERGY SITE.—The De- non-Federal entities, particularly including partment may be a joint sponsor of Depart- private, for-profit entities, in the research, tion is still necessary. ment of Energy sites in the performance of development, and production of homeland se- (3) RESTRICTIONS.—No restrictions shall be work as if such sites were federally funded curity countermeasures for biological, chem- placed upon the conduct or reporting of fed- research and development centers and the ical, and radiological weapons. erally funded fundamental research that has work were performed under a multiple agen- (2) TIMEFRAME.—The strategy and plan not received national security classification, cy sponsorship arrangement with the De- under this subsection, together with rec- except as provided under applicable provi- partment. ommendations for the enactment of sup- sions of law. (C) PRIMARY SPONSOR.—The Department of porting or enabling legislation, shall be sub- (m) OFFICE OF SCIENCE AND TECHNOLOGY Energy shall be the primary sponsor under a mitted to the Congress within 270 days after POLICY.—The National Science and Tech- multiple agency sponsorship arrangement the date of enactment of this Act. nology Policy, Organization, and Priorities entered into under subparagraph (A) or (B). (3) COORDINATION.—In developing the strat- Act is amended in section 204(b)(1) (42 U.S.C. (D) CONDITIONS.—A joint sponsorship ar- egy and plan under this subsection, the Sec- 6613(b)(1)), by inserting ‘‘homeland security,’’ rangement under this subsection shall— retary shall consult with— after ‘‘national security,’’. (i) provide for the direct funding and man- (A) other agencies with expertise in re- SEC. 136. DIRECTORATE OF IMMIGRATION AF- agement by the Department of the work search, development, and production of coun- FAIRS. being carried out on behalf of the Depart- termeasures; The Directorate of Immigration Affairs ment; and (B) private, for-profit entities and entre- shall be established and shall carry out all (ii) include procedures for addressing the preneurs with appropriate expertise and functions of that Directorate in accordance coordination of resources and tasks to mini- technology regarding countermeasures; with division B of this Act. mize conflicts between work undertaken on (C) investors that fund such entities; SEC. 137. OFFICE FOR STATE AND LOCAL GOV- behalf of either Department. (D) nonprofit research universities and in- ERNMENT COORDINATION. (E) LEAD AGENT AND FEDERAL ACQUISITION stitutions; (a) ESTABLISHMENT.—There is established REGULATION.— (E) public health and other interested pri- within the Office of the Secretary the Office (i) LEAD AGENT.—The Secretary of Energy vate sector and government entities; and for State and Local Government Coordina- shall act as the lead agent in coordinating (F) governments allied with the United tion, to be headed by a director, which shall the formation and performance of a joint States in the war on terrorism. oversee and coordinate departmental pro- sponsorship agreement between the Depart- (4) PURPOSE.—The strategy and plan under grams for and relationships with State and ment and a Department of Energy national this subsection shall evaluate proposals to local governments. laboratory or site for work on homeland se- assure that— (b) RESPONSIBILITIES.—The Office estab- curity. (A) research on countermeasures by non- lished under subsection (a) shall— (ii) COMPLIANCE WITH FEDERAL ACQUISITION Federal entities leads to the expeditious de- (1) coordinate the activities of the Depart- REGULATION.—Any work performed by a na- velopment and production of counter- ment relating to State and local govern- tional laboratory or site under this section measures that may be procured and deployed ment; shall comply with the policy on the use of in the homeland security interests of the (2) assess, and advocate for, the resources federally funded research and development United States; needed by State and local government to im- centers under section 35.017 of the Federal (B) capital is available to fund the ex- plement the national strategy for combating Acquisition Regulation. penses associated with such research, devel- terrorism; (F) FUNDING.—The Department shall pro- opment, and production, including Govern- (3) provide State and local government vide funds for work at the Department of En- ment grants and contracts and appropriate with regular information, research, and tech- ergy national laboratories or sites, as the capital formation tax incentives that apply nical support to assist local efforts at secur- case may be, under this section under the to non-Federal entities with and without tax ing the homeland; same terms and conditions as apply to the liability; (4) develop a process for receiving mean- primary sponsor of such national laboratory (C) the terms for procurement of such ingful input from State and local govern- under section 303(b)(1)(C) of the Federal countermeasures are defined in advance so ment to assist the development of homeland Property and Administrative Services Act of that such entities may accurately and reli- security activities; and S9610 CONGRESSIONAL RECORD — SENATE September 30, 2002 (5) prepare an annual report, that con- (A) ensure coordination, with respect to (iii) identify probable emerging threats to tains— homeland security functions, among the first responders; (A) a description of the State and local pri- Federal agencies involved with— (iv) identify needed improvements to first orities in each of the 50 States based on dis- (i) State, local, and regional governments; response techniques and training; covered needs of first responder organiza- (ii) State, local, and community-based law (v) identify efficient means of communica- tions, including law enforcement agencies, enforcement; tion and coordination between first respond- fire and rescue agencies, medical providers, (iii) fire and rescue operations; and ers and Federal, State, and local officials; emergency service providers, and relief agen- (iv) medical and emergency relief services; (vi) identify areas in which the Depart- cies; (B) identify community-based law enforce- ment can assist first responders; and (B) a needs assessment that identifies ment, fire and rescue, and medical and emer- (vii) evaluate the adequacy and timeliness homeland security functions in which the gency relief services needs; of resources being made available to local Federal role is duplicative of the State or (C) recommend new or expanded grant pro- first responders. local role, and recommendations to decrease grams to improve community-based law en- (C) REPRESENTATION.—The Interagency or eliminate inefficiencies between the Fed- forcement, fire and rescue, and medical and Committee shall ensure that the member- eral Government and State and local enti- emergency relief services; ship of the Advisory Council represents— ties; (D) identify ways to streamline the process (i) the law enforcement community; (C) recommendations to Congress regard- through which Federal agencies support (ii) fire and rescue organizations; ing the creation, expansion, or elimination community-based law enforcement, fire and (iii) medical and emergency relief services; of any program to assist State and local en- rescue, and medical and emergency relief and tities to carry out their respective functions services; and (iv) both urban and rural communities. under the Department; and (E) assist in priority setting based on dis- (3) CHAIRPERSON.—The Advisory Council (D) proposals to increase the coordination covered needs. shall select annually a chairperson from of Department priorities within each State (2) MEMBERSHIP.—The Interagency Com- among its members. and between the States. mittee shall be composed of— (4) COMPENSATION OF MEMBERS.—The mem- (A) a representative of the Office for State bers of the Advisory Council shall serve (c) HOMELAND SECURITY LIAISON OFFI- and Local Government Coordination; without compensation, but shall be eligible CERS.— (B) a representative of the Health Re- for reimbursement of necessary expenses (1) DESIGNATION.—The Secretary shall des- sources and Services Administration of the connected with their service to the Advisory ignate in each State and the District of Co- Department of Health and Human Services; Council. lumbia not less than 1 employee of the De- (C) a representative of the Centers for Dis- (5) MEETINGS.—The Advisory Council shall partment to serve as the Homeland Security ease Control and Prevention of the Depart- meet with the Interagency Committee not Liaison Officer in that State or District. ment of Health and Human Services; less frequently than once every 3 months. (2) DUTIES.—Each Homeland Security Liai- (D) a representative of the Federal Emer- SEC. 138. UNITED STATES SECRET SERVICE. son Officer designated under paragraph (1) gency Management Agency of the Depart- There are transferred to the Department shall— ment; the authorities, functions, personnel, and as- (A) provide State and local government of- (E) a representative of the United States sets of the United States Secret Service, ficials with regular information, research, Coast Guard of the Department; which shall be maintained as a distinct enti- and technical support to assist local efforts (F) a representative of the Department of ty within the Department. at securing the homeland; Defense; SEC. 139. BORDER COORDINATION WORKING (B) provide coordination between the De- (G) a representative of the Office of Domes- partment and State and local first respond- GROUP. tic Preparedness of the Department; (a) DEFINITIONS.—In this section: ers, including— (H) a representative of the Directorate of (i) law enforcement agencies; (1) BORDER SECURITY FUNCTIONS.—The term Immigration Affairs of the Department; ‘‘border security functions’’ means the secur- (ii) fire and rescue agencies; (I) a representative of the Transportation (iii) medical providers; ing of the borders, territorial waters, ports, Security Agency of the Department; terminals, waterways, and air, land, and sea (iv) emergency service providers; and (J) a representative of the Federal Bureau (v) relief agencies; transportation systems of the United States. of Investigation of the Department of Jus- (2) RELEVANT AGENCIES.—The term ‘‘rel- (C) notify the Department of the State and tice; and local areas requiring additional information, evant agencies’’ means any department or (K) representatives of any other Federal agency of the United States that the Presi- training, resources, and security; agency identified by the President as having (D) provide training, information, and edu- dent determines to be relevant to performing a significant role in the purposes of the border security functions. cation regarding homeland security for State Interagency Committee. and local entities; (b) ESTABLISHMENT.—The Secretary shall (3) ADMINISTRATION.—The Department establish a border security working group (in (E) identify homeland security functions in shall provide administrative support to the which the Federal role is duplicative of the this section referred to as the ‘‘Working Interagency Committee and the Advisory Group’’), composed of the Secretary or the State or local role, and recommend ways to Council, which shall include— decrease or eliminate inefficiencies; designee of the Secretary, the Under Sec- (A) scheduling meetings; retary for Border and Transportation Protec- (F) assist State and local entities in pri- (B) preparing agenda; ority setting based on discovered needs of tion, and the Under Secretary for Immigra- (C) maintaining minutes and records; tion Affairs. first responder organizations, including law (D) producing reports; and enforcement agencies, fire and rescue agen- (c) FUNCTIONS.—The Working Group shall (E) reimbursing Advisory Council mem- meet not less frequently than once every 3 cies, medical providers, emergency service bers. providers, and relief agencies; months and shall— (4) LEADERSHIP.—The members of the (1) with respect to border security func- (G) assist the Department to identify and Interagency Committee shall select annually implement State and local homeland secu- tions, develop coordinated budget requests, a chairperson. allocations of appropriations, staffing re- rity objectives in an efficient and productive (5) MEETINGS.—The Interagency Com- manner; quirements, communication, use of equip- mittee shall meet— ment, transportation, facilities, and other (H) serve as a liaison to the Department in (A) at the call of the Secretary; or representing State and local priorities and infrastructure; (B) not less frequently than once every 3 (2) coordinate joint and cross-training pro- concerns regarding homeland security; months. (I) consult with State and local govern- grams for personnel performing border secu- ment officials, including emergency man- (e) ADVISORY COUNCIL FOR THE INTER- rity functions; agers, to coordinate efforts and avoid dupli- AGENCY COMMITTEE.— (3) monitor, evaluate and make improve- cation; and (1) ESTABLISHMENT.—There is established ments in the coverage and geographic dis- (J) coordinate with Homeland Security Li- an Advisory Council for the Interagency tribution of border security programs and aison Officers in neighboring States to— Committee (in this section referred to as the personnel; (i) address shared vulnerabilities; and ‘‘Advisory Council’’). (4) develop and implement policies and (ii) identify opportunities to achieve effi- (2) MEMBERSHIP.— technologies to ensure the speedy, orderly, ciencies through interstate activities . (A) IN GENERAL.—The Advisory Council and efficient flow of lawful traffic, travel and shall be composed of not more than 13 mem- commerce, and enhanced scrutiny for high- (d) FEDERAL INTERAGENCY COMMITTEE ON bers, selected by the Interagency Com- risk traffic, travel, and commerce; and FIRST RESPONDERS AND STATE, LOCAL, AND mittee. (5) identify systemic problems in coordina- CROSS-JURISDICTIONAL ISSUES.— (B) DUTIES.—The Advisory Council shall— tion encountered by border security agencies (1) IN GENERAL.—There is established an (i) develop a plan to disseminate informa- and programs and propose administrative, Interagency Committee on First Responders tion on first response best practices; regulatory, or statutory changes to mitigate and State, Local, and Cross-jurisdictional (ii) identify and educate the Secretary on such problems. Issues (in this section referred to as the the latest technological advances in the field (d) RELEVANT AGENCIES.—The Secretary ‘‘Interagency Committee’’, that shall— of first response; shall consult representatives of relevant September 30, 2002 CONGRESSIONAL RECORD — SENATE S9611 agencies with respect to deliberations under SEC. 141. EXECUTIVE SCHEDULE POSITIONS. to any of the non-homeland security mis- subsection (c), and may include representa- Section 5314 of title 5, United States Code, sions of the Coast Guard, or to the capabili- tives of such agencies in Working Group de- is amended by adding at the end the fol- ties of the Coast Guard to carry out each of liberations, as appropriate. lowing: the non-homeland security missions, without SEC. 140. OFFICE FOR NATIONAL CAPITAL RE- ‘‘Under Secretary for Border and Transpor- the prior approval of Congress as expressed GION COORDINATION. tation, Department of Homeland Security. in a subsequent Act. With respect to a (a) ESTABLISHMENT.— ‘‘Under Secretary for Critical Infrastruc- change to the capabilities of the Coast Guard (1) IN GENERAL.—There is established with- ture Protection, Department of Homeland to carry out each of the non-homeland secu- in the Office of the Secretary the Office of Security. rity missions, the restrictions in this para- National Capital Region Coordination, to ‘‘Under Secretary for Emergency Prepared- graph shall not apply when such change shall oversee and coordinate Federal programs for ness and Response, Department of Homeland result in an increase in those capabilities. and relationships with State, local, and re- Security. (2) WAIVER.—The President may waive the gional authorities in the National Capital ‘‘Under Secretary for Immigration, Depart- restrictions under paragraph (1) for a period Region, as defined under section 2674(f)(2) of ment of Homeland Security. of not to exceed 90 days upon a declaration title 10, United States Code. ‘‘Under Secretary for Intelligence, Depart- and certification by the President to Con- (2) DIRECTOR.—The Office established under ment of Homeland Security. gress that a clear, compelling, and imme- paragraph (1) shall be headed by a Director, ‘‘Under Secretary for Science and Tech- diate state of national emergency exists that who shall be appointed by the Secretary. nology, Department of Homeland Security.’’. justifies such a waiver. A certification under (3) COOPERATION.—The Secretary shall co- SEC. 142. PRESERVING COAST GUARD MISSION this paragraph shall include a detailed jus- operate with the Mayor of the District of Co- PERFORMANCE. tification for the declaration and certifi- lumbia, the Governors of Maryland and Vir- (a) DEFINITIONS.—In this section: cation, including the reasons and specific in- ginia, and other State, local, and regional of- (1) NON-HOMELAND SECURITY MISSIONS.—The formation that demonstrate that the Nation term ‘‘non-homeland security missions’’ ficers in the National Capital Region to inte- and the Coast Guard cannot respond effec- means the following missions of the Coast grate the District of Columbia, Maryland, tively to the national emergency if the re- Guard: and Virginia into the planning, coordination, strictions under paragraph (1) are not (A) Marine safety. and execution of the activities of the Federal waived. (B) Search and rescue. Government for the enhancement of domes- (f) ANNUAL REVIEW.— (C) Aids to navigation. tic preparedness against the consequences of (1) IN GENERAL.—The Inspector General of (D) Living marine resources (e.g., fisheries terrorist attacks. the Department shall conduct an annual re- law enforcement). (b) RESPONSIBILITIES.—The Office estab- view that shall assess thoroughly the per- (E) Marine environmental protection. lished under subsection (a)(1) shall— formance by the Coast Guard of all missions (F) Ice operations. (1) coordinate the activities of the Depart- of the Coast Guard (including non-homeland (2) HOMELAND SECURITY MISSIONS.—The ment relating to the National Capital Re- security missions and homeland security term ‘‘homeland security missions’’ means gion, including cooperation with the Home- missions) with a particular emphasis on ex- the following missions of the Coast Guard: land Security Liaison Officers for Maryland, amining the non-homeland security mis- (A) Ports, waterways and coastal security. Virginia, and the District of Columbia with- sions. in the Office for State and Local Government (B) Drug interdiction. (2) REPORT.—The Inspector General shall Coordination; (C) Migrant interdiction. (D) Defense readiness. submit the detailed results of the annual re- (2) assess, and advocate for, the resources view and assessment required by paragraph needed by State, local, and regional authori- (E) Other law enforcement. (b) TRANSFER.—There are transferred to (1) not later than March 1 of each year di- ties in the National Capital Region to imple- rectly to— ment efforts to secure the homeland; the Department the authorities, functions, personnel, and assets of the Coast Guard, (A) the Committee on Governmental Af- (3) provide State, local, and regional au- fairs of the Senate; thorities in the National Capital Region with which shall be maintained as a distinct enti- ty within the Department, including the au- (B) the Committee on Government Reform regular information, research, and technical of the House of Representatives; support to assist the efforts of State, local, thorities and functions of the Secretary of Transportation relating thereto. (C) the Committees on Appropriations of and regional authorities in the National Cap- (c) MAINTENANCE OF STATUS OF FUNCTIONS the Senate and the House of Representatives; ital Region in securing the homeland; AND ASSETS.—Notwithstanding any other (D) the Committee on Commerce, Science, (4) develop a process for receiving mean- provision of this Act, the authorities, func- and Transportation of the Senate; and ingful input from State, local, and regional tions, assets, organizational structure, units, (E) the Committee on Transportation and authorities and the private sector in the Na- personnel, and non-homeland security mis- Infrastructure of the House of Representa- tional Capital Region to assist in the devel- sions of the Coast Guard shall be maintained tives. opment of the homeland security plans and intact and without reduction after the trans- (g) DIRECT REPORTING TO SECRETARY.— activities of the Federal Government; fer of the Coast Guard to the Department, Upon the transfer of the Coast Guard to the (5) coordinate with Federal agencies in the except as specified in subsequent Acts. Noth- Department, the Commandant shall report National Capital Region on terrorism pre- ing in this paragraph shall prevent the Coast directly to the Secretary without being re- paredness, to ensure adequate planning, in- Guard from replacing or upgrading any asset quired to report through any other official of formation sharing, training, and execution of with an asset of equivalent or greater capa- the Department. the Federal role in domestic preparedness bilities. (h) OPERATION AS A SERVICE IN THE NAVY.— activities; (d) CERTAIN TRANSFERS PROHIBITED.— None of the conditions and restrictions in (6) coordinate with Federal, State, local, (1) IN GENERAL.—None of the missions, this section shall apply when the Coast and regional agencies, and the private sector functions, personnel, and assets (including Guard operates as a service in the Navy in the National Capital Region on terrorism ships, aircraft, helicopters, and vehicles) of under section 3 of title 14, United States preparedness to ensure adequate planning, the Coast Guard may be transferred to the Code. information sharing, training, and execution operational control of, or diverted to the Subtitle C—National Emergency of domestic preparedness activities among principal and continuing use of, any other Preparedness Enhancement these agencies and entities; and organization, unit, or entity of the Depart- (7) serve as a liaison between the Federal ment. SEC. 151. SHORT TITLE. Government and State, local, and regional (2) APPLICABILITY.—The restrictions in This subtitle may be cited as the ‘‘Na- authorities, and private sector entities in paragraph (1) shall not apply— tional Emergency Preparedness Enhance- the National Capital Region to facilitate ac- (A) to any joint operation of less than 90 ment Act of 2002’’. cess to Federal grants and other programs. days between the Coast Guard and other en- SEC. 152. PREPAREDNESS INFORMATION AND (c) ANNUAL REPORT.—The Office estab- tities and organizations of the Department; EDUCATION. lished under subsection (a) shall submit an or (a) ESTABLISHMENT OF CLEARINGHOUSE.— annual report to Congress that includes— (B) to any detail or assignment of any indi- There is established in the Department a Na- (1) the identification of the resources re- vidual member or civilian employee of the tional Clearinghouse on Emergency Pre- quired to fully implement homeland security Coast Guard to any other entity or organiza- paredness (referred to in this section as the efforts in the National Capital Region; tion of the Department for the purposes of ‘‘Clearinghouse’’). The Clearinghouse shall (2) an assessment of the progress made by ensuring effective liaison, coordination, and be headed by a Director. the National Capital Region in imple- operations of the Coast Guard and that enti- (b) CONSULTATION.—The Clearinghouse menting homeland security efforts; and ty or organization, except that the total shall consult with such heads of agencies, (3) recommendations to Congress regarding number of individuals detailed or assigned in such task forces appointed by Federal offi- the additional resources needed to fully im- this capacity may not exceed 50 individuals cers or employees, and such representatives plement homeland security efforts in the Na- during any fiscal year. of the private sector, as appropriate, to col- tional Capital Region. (e) CHANGES TO NON-HOMELAND SECURITY lect information on emergency preparedness, (d) LIMITATION.—Nothing contained in this MISSIONS.— including information relevant to a home- section shall be construed as limiting the (1) PROHIBITION.—The Secretary may not land security strategy. power of State and local governments. make any substantial or significant change (c) DUTIES.— S9612 CONGRESSIONAL RECORD — SENATE September 30, 2002

(1) DISSEMINATION OF INFORMATION.—The Subtitle D—Miscellaneous Provisions (2) Federal, State, and local employees Clearinghouse shall ensure efficient dissemi- SEC. 161. NATIONAL BIO-WEAPONS DEFENSE working cooperatively can learn from one nation of accurate emergency preparedness ANALYSIS CENTER. another and resolve complex issues; information. (a) ESTABLISHMENT.—There is established (3) Federal, State, and local employees (2) CENTER.—The Clearinghouse shall es- within the Department of Defense a National have specialized knowledge that should be tablish a one-stop center for emergency pre- Bio-Weapons Defense Analysis Center (in consistently shared between and among paredness information, which shall include a this section referred to as the ‘‘Center’’). agencies at all levels of government; and website, with links to other relevant Federal (b) MISSION.—The mission of the Center is (4) providing training and other support, websites, a telephone number, and staff, to develop countermeasures to potential at- such as staffing, to the appropriate Federal, through which information shall be made tacks by terrorists using biological or chem- State, and local agencies can enhance the available on— ical weapons that are weapons of mass de- ability of an agency to analyze and assess (A) ways in which States, political subdivi- struction (as defined under section 1403 of threats against the homeland, develop appro- sions, and private entities can access Federal the Defense Against Weapons of Mass De- priate responses, and inform the United grants; struction Act of 1996 (50 U.S.C. 2302(1))) and States public. (B) emergency preparedness education and conduct research and analysis concerning (b) EXCHANGE OF EMPLOYEES.— awareness tools that businesses, schools, and such weapons. (1) IN GENERAL.—The Secretary may pro- the general public can use; and SEC. 162. REVIEW OF FOOD SAFETY. vide for the exchange of employees of the De- (C) other information as appropriate. (a) REVIEW OF FOOD SAFETY LAWS AND partment and State and local agencies in ac- (3) PUBLIC AWARENESS CAMPAIGN.—The FOOD SAFETY ORGANIZATIONAL STRUCTURE.— cordance with subchapter VI of chapter 33 of Clearinghouse shall develop a public aware- The Secretary shall enter into an agreement title 5, United States Code. ness campaign. The campaign shall be ongo- with and provide funding to the National (2) CONDITIONS.—With respect to exchanges ing, and shall include an annual theme to be Academy of Sciences to conduct a detailed, described under this subsection, the Sec- implemented during the National Emergency comprehensive study which shall— retary shall ensure that— Preparedness Week established under section (1) review all Federal statutes and regula- (A) any assigned employee shall have ap- 154. The Clearinghouse shall work with heads tions affecting the safety and security of the propriate training or experience to perform of agencies to coordinate public service an- food supply to determine the effectiveness of the work required by the assignment; and nouncements and other information-sharing the statutes and regulations at protecting (B) any assignment occurs under condi- tools utilizing a wide range of media. the food supply from deliberate contamina- tions that appropriately safeguard classified (4) BEST PRACTICES INFORMATION.—The tion; and and other sensitive information. Clearinghouse shall compile and disseminate (2) review the organizational structure of SEC. 164. WHISTLEBLOWER PROTECTION FOR information on best practices for emergency Federal food safety oversight to determine FEDERAL EMPLOYEES WHO ARE preparedness identified by the Secretary and the efficiency and effectiveness of the orga- AIRPORT SECURITY SCREENERS. the heads of other agencies. nizational structure at protecting the food Section 111(d) of the Aviation and Trans- supply from deliberate contamination. portation Security Act (Public Law 107–71; SEC. 153. PILOT PROGRAM. (b) REPORT.— 115 Stat. 620; 49 U.S.C. 44935 note) is amend- (a) EMERGENCY PREPAREDNESS ENHANCE- (1) IN GENERAL.—Not later than 1 year after ed— MENT PILOT PROGRAM.—The Department the date of enactment of this Act, the Na- (1) by striking ‘‘(d) SCREENER PERSONNEL.— shall award grants to private entities to pay tional Academy of Sciences shall prepare Notwithstanding any other provision of for the Federal share of the cost of improv- and submit to the President, the Secretary, law,’’ and inserting the following: ing emergency preparedness, and educating and Congress a comprehensive report con- ‘‘(d) SCREENER PERSONNEL.— employees and other individuals using the taining— ‘‘(1) IN GENERAL.—Notwithstanding any entities’ facilities about emergency pre- (A) the findings and conclusions derived other provision of law (except as provided paredness. from the reviews conducted under subsection under paragraph (2)),’’; and (2) by adding at the end the following: (b) USE OF FUNDS.—An entity that receives (a); and ‘‘(2) WHISTLEBLOWER PROTECTION.— a grant under this subsection may use the (B) specific recommendations for improv- ‘‘(A) DEFINITION.—In this paragraph, the funds made available through the grant to— ing— term ‘‘security screener’’ means— (1) develop evacuation plans and drills; (i) the effectiveness and efficiency of Fed- ‘‘(i) any Federal employee hired as a secu- (2) plan additional or improved security eral food safety and security statutes and rity screener under subsection (e) of section measures, with an emphasis on innovative regulations; and 44935 of title 49, United States Code; or technologies or practices; (ii) the organizational structure of Federal ‘‘(ii) an applicant for the position of a secu- (3) deploy innovative emergency prepared- food safety oversight. rity screener under that subsection. ness technologies; or (2) CONTENTS.—In conjunction with the rec- ‘‘(B) IN GENERAL.—Notwithstanding para- (4) educate employees and customers about ommendations under paragraph (1), the re- graph (1)— the development and planning activities de- port under paragraph (1) shall address— ‘‘(i) section 2302(b)(8) of title 5, United scribed in paragraphs (1) and (2) in innova- (A) the effectiveness with which Federal States Code, shall apply with respect to any tive ways. food safety statutes and regulations protect public health and ensure the food supply re- security screener; and (c) FEDERAL SHARE.—The Federal share of mains free from contamination; ‘‘(ii) chapters 12, 23, and 75 of that title the cost described in subsection (a) shall be (B) the shortfalls, redundancies, and incon- shall apply with respect to a security screen- 50 percent, up to a maximum of $250,000 per sistencies in Federal food safety statutes and er to the extent necessary to implement grant recipient. regulations; clause (i). (d) AUTHORIZATION OF APPROPRIATIONS.— (C) the application of resources among ‘‘(C) COVERED POSITION.—The President There are authorized to be appropriated Federal food safety oversight agencies; may not exclude the position of security $5,000,000 for each of fiscal years 2003 through (D) the effectiveness and efficiency of the screener as a covered position under section 2005 to carry out this section. organizational structure of Federal food 2302(a)(2)(B)(ii) of title 5, United States Code, SEC. 154. DESIGNATION OF NATIONAL EMER- safety oversight; to the extent that such exclusion would pre- GENCY PREPAREDNESS WEEK. (E) the shortfalls, redundancies, and incon- vent the implementation of subparagraph (B) sistencies of the organizational structure of of this paragraph.’’. (a) NATIONAL WEEK.— Federal food safety oversight; and SEC. 165. WHISTLEBLOWER PROTECTION FOR (1) DESIGNATION.—Each week that includes (F) the merits of a unified, central organi- CERTAIN AIRPORT EMPLOYEES. September 11 is ‘‘National Emergency Pre- (a) IN GENERAL.—Section 42121(a) of title paredness Week’’. zational structure of Federal food safety oversight. 49, United States Code, is amended— (2) PROCLAMATION.—The President is re- (c) RESPONSE OF THE SECRETARY.—Not (1) by striking ‘‘(a) DISCRIMINATION quested every year to issue a proclamation later than 90 days after the date on which AGAINST AIRLINE EMPLOYEES.—No air carrier calling on the people of the United States the report under this section is submitted to or contractor or subcontractor of an air car- (including State and local governments and the Secretary, the Secretary shall provide to rier’’ and inserting the following: the private sector) to observe the week with the President and Congress the response of ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES.— appropriate activities and programs. the Department to the recommendations of ‘‘(1) IN GENERAL.—No air carrier, con- (b) FEDERAL AGENCY ACTIVITIES.—In con- the report and recommendations of the De- tractor, subcontractor, or employer de- junction with National Emergency Prepared- partment to further protect the food supply scribed under paragraph (2)’’; ness Week, the head of each agency, as ap- from contamination. (2) by redesignating paragraphs (1) through propriate, shall coordinate with the Depart- SEC. 163. EXCHANGE OF EMPLOYEES BETWEEN (4) as subparagraphs (A) through (D), respec- ment to inform and educate the private sec- AGENCIES AND STATE OR LOCAL tively; and tor and the general public about emergency GOVERNMENTS. (3) by adding at the end the following: preparedness activities, resources, and tools, (a) FINDINGS.—Congress finds that— ‘‘(2) APPLICABLE EMPLOYERS.—Paragraph giving a high priority to emergency pre- (1) information sharing between Federal, (1) shall apply to— paredness efforts designed to address ter- State, and local agencies is vital to securing ‘‘(A) an air carrier or contractor or subcon- rorist attacks. the homeland against terrorist attacks; tractor of an air carrier; September 30, 2002 CONGRESSIONAL RECORD — SENATE S9613 ‘‘(B) an employer of airport security SEC. 167. COORDINATION WITH THE DEPART- not exceed $100,000 per firefighter, indexed screening personnel, other than the Federal MENT OF HEALTH AND HUMAN for inflation, over the 3-year grant period. Government, including a State or municipal SERVICES UNDER THE PUBLIC ‘‘(4) FEDERAL SHARE.— HEALTH SERVICE ACT. government, or an airport authority, or a ‘‘(A) IN GENERAL.—The Federal share of a (a) IN GENERAL.—The annual Federal re- contractor of such government or airport au- grant under this subsection shall not exceed sponse plan developed by the Secretary thority; or 75 percent of the total salary and benefits under sections 102(b)(14) and 134(b)(7) shall be cost for additional firefighters hired. ‘‘(C) an employer of private screening per- consistent with section 319 of the Public sonnel described in section 44919 or 44920 of ‘‘(B) WAIVER.—The Director may waive the Health Service Act (42 U.S.C. 247d). 25 percent non-Federal match under subpara- this title.’’. ISCLOSURES AMONG RELEVANT AGEN- (b) D graph (A) for a jurisdiction of 50,000 or fewer (b) TECHNICAL AND CONFORMING AMEND- CIES.— residents or in cases of extreme hardship. (1) IN GENERAL.—Full disclosure among rel- MENTS.—Section 42121(b)(2)(B) of title 49, ‘‘(5) APPLICATION.—An application for a United States Code, is amended— evant agencies shall be made in accordance grant under this subsection, shall— (1) in clause (i), by striking ‘‘paragraphs (1) with this subsection. ‘‘(A) meet the requirements under sub- through (4) of subsection (a)’’ and inserting (2) PUBLIC HEALTH EMERGENCY.—During the section (b)(5); ‘‘subparagraphs (A) through (D) of sub- period in which the Secretary of Health and ‘‘(B) include an explanation for the appli- Human Services has declared the existence section (a)(1)’’; and cant’s need for Federal assistance; and of a public health emergency under section (2) in clause (iii), by striking ‘‘paragraphs ‘‘(C) contain specific plans for obtaining 319(a) of the Public Health Service Act (42 (1) through (4) of subsection (a)’’ and insert- necessary support to retain the position fol- U.S.C. 247d(a)), the Secretary of Health and ing ‘‘subparagraphs (A) through (D) of sub- lowing the conclusion of Federal support. Human Services shall keep relevant agen- section (a)(1)’’. ‘‘(6) MAINTENANCE OF EFFORT.—Grants cies, including the Department of Homeland awarded under this subsection shall only be SEC. 166. BIOTERRORISM PREPAREDNESS AND Security, the Department of Justice, and the used to pay the salaries and benefits of addi- RESPONSE DIVISION. Federal Bureau of Investigation, fully and tional firefighting personnel, and shall not currently informed. Section 319D of the Public Health Service be used to supplant funding allocated for per- (3) POTENTIAL PUBLIC HEALTH EMERGENCY.— Act (42 U.S.C. 2472–4) is amended— sonnel from State and local sources.’’; and In cases involving, or potentially involving, (3) in subsection (f) (as redesignated by (1) by redesignating subsection (c) as sub- a public health emergency, but in which no section (d); and paragraph (1)), by adding at the end the fol- determination of an emergency by the Sec- lowing: (2) by inserting after subsection (b), the retary of Health and Human Services under following: ‘‘(3) $1,000,000,000 for each of fiscal years section 319(a) of the Public Health Service 2003 and 2004, to be used only for grants ‘‘(c) BIOTERRORISM PREPAREDNESS AND RE- Act (42 U.S.C. 247d(a)), has been made, all under subsection (c).’’. SPONSE DIVISION.— relevant agencies, including the Department SEC. 170. REVIEW OF TRANSPORTATION SECU- ‘‘(1) ESTABLISHMENT.—There is established of Homeland Security, the Department of RITY ENHANCEMENTS. within the Office of the Director of the Cen- Justice, and the Federal Bureau of Investiga- (a) REVIEW OF TRANSPORTATION ters for Disease Control and Prevention a tion, shall keep the Secretary of Health and VULNERABILITIES AND FEDERAL TRANSPOR- Bioterrorism Preparedness and Response Di- Human Services and the Director of the Cen- TATION SECURITY EFFORTS.—The Comptroller vision (in this subsection referred to as the ters for Disease Control and Prevention fully General shall conduct a detailed, comprehen- ‘Division’). and currently informed. sive study which shall— ‘‘(2) MISSION.—The Division shall have the SEC. 168. RAIL SECURITY ENHANCEMENTS. (1) review all available intelligence on ter- following primary missions: (a) IN GENERAL.—There are authorized to rorist threats against aviation, seaport, rail, ‘‘(A) To lead and coordinate the activities be appropriated to the Department, for the motor carrier, motor coach, pipeline, high- and responsibilities of the Centers for Dis- benefit of Amtrak, for the 2-year period be- way, and transit facilities and equipment; ease Control and Prevention with respect to ginning on the date of enactment of this (2) review all available information on countering bioterrorism. Act— vulnerabilities of the aviation, seaport, rail, ‘‘(B) To coordinate and facilitate the inter- (1) $375,000,000 for grants to finance the motor carrier, motor coach, pipeline, high- action of Centers for Disease Control and cost of enhancements to the security and way, and transit modes of transportation to Prevention personnel with personnel from safety of Amtrak rail passenger service; terrorist attack; and the Department of Homeland Security and, (2) $778,000,000 for grants for life safety im- (3) review the steps taken by public and in so doing, serve as a major contact point provements to 6 New York Amtrak tunnels private entities since September 11, 2001, to for 2-way communications between the juris- built in 1910, the Baltimore and Potomac improve aviation, seaport, rail, motor car- dictions of homeland security and public Amtrak tunnel built in 1872, and the Wash- rier, motor coach, pipeline, highway, and health. ington, D.C. Union Station Amtrak tunnels transit security to determine their effective- ‘‘(C) To train and employ a cadre of public built in 1904 under the Supreme Court and ness at protecting passengers, freight (in- health personnel who are dedicated full-time House and Senate Office Buildings; and cluding hazardous materials), and transpor- to the countering of bioterrorism. (3) $55,000,000 for the emergency repair, and tation infrastructure from terrorist attack. (b) REPORT.— ‘‘(3) RESPONSIBILITIES.—In carrying out the returning to service of Amtrak passenger (1) CONTENT.—Not later than 1 year after mission under paragraph (2), the Division cars and locomotives. (b) AVAILABILITY OF FUNDS.—Amounts ap- the date of enactment of this Act, the Comp- shall assume the responsibilities of and propriated under subsection (a) shall remain troller General shall prepare and submit to budget authority for the Centers for Disease available until expended. Congress, the Secretary, and the Secretary Control and Prevention with respect to the (c) COORDINATION WITH EXISTING LAW.— of Transportation a comprehensive report following programs: Amounts made available to Amtrak under without compromising national security, ‘‘(A) The Bioterrorism Preparedness and this section shall not be considered to be containing— Response Program. Federal assistance for purposes of part C of (A) the findings and conclusions from the ‘‘(B) The Strategic National Stockpile. subtitle V of title 49, United States Code. reviews conducted under subsection (a); and ‘‘(C) Such other programs and responsibil- SEC. 169. GRANTS FOR FIREFIGHTING PER- (B) proposed steps to improve any defi- ities as may be assigned to the Division by SONNEL. ciencies found in aviation, seaport, rail, the Director of the Centers for Disease Con- (a) Section 33 of the Federal Fire Preven- motor carrier, motor coach, pipeline, high- trol and Prevention. tion and Control Act of 1974 (15 U.S.C. 2229) way, and transit security, including, to the ‘‘(4) DIRECTOR.—There shall be in the Divi- is amended— extent possible, the cost of implementing the sion a Director, who shall be appointed by (1) by redesignating subsections (c), (d), steps. the Director of the Centers for Disease Con- and (e) as subsections (d), (e), and (f), respec- (2) FORMAT.—The Comptroller General may trol and Prevention, in consultation with the tively; submit the report in both classified and re- Secretary of Health and Human Services and (2) by inserting after subsection (b) the fol- dacted format if the Comptroller General de- the Secretary of Homeland Security. lowing: termines that such action is appropriate or ‘‘(5) STAFFING.—Under agreements reached ‘‘(c) PERSONNEL GRANTS.— necessary. between the Director of the Centers for Dis- ‘‘(1) IN GENERAL.—In addition to the grants (c) RESPONSE OF THE SECRETARY.— ease Control and Prevention and the Sec- authorized under subsection (b)(1), the Direc- (1) IN GENERAL.—Not later than 90 days retary of Homeland Security— tor may award grants to fire departments of after the date on which the report under this ‘‘(A) the Division may be staffed, in part, a State for the purpose of hiring ‘employees section is submitted to the Secretary, the by personnel assigned from the Department engaged in fire protection’ as that term is Secretary shall provide to the President and of Homeland Security by the Secretary of defined in section 3 of the Fair Labor Stand- Congress— Homeland Security; and ards Act (29 U.S.C. 203). (A) the response of the Department to the ‘‘(B) the Director of the Centers for Disease ‘‘(2) DURATION.—Grants awarded under this recommendations of the report; and Control and Prevention may assign some subsection shall be for a 3-year period. (B) recommendations of the Department to personnel from the Division to the Depart- ‘‘(3) MAXIMUM AMOUNT.—The total amount further protect passengers and transpor- ment of Homeland Security.’’. of grants awarded under this subsection shall tation infrastructure from terrorist attack. S9614 CONGRESSIONAL RECORD — SENATE September 30, 2002

(2) FORMATS.—The Secretary may submit Congress on the development and implemen- SEC. 174. PROHIBITION ON CONTRACTS WITH the report in both classified and redacted tation of the enterprise architecture and CORPORATE EXPATRIATES. formats if the Secretary determines that plan referred to under subsection (a). (a) IN GENERAL.—The Secretary may not such action is necessary or appropriate. (h) CONSULTATION.—The Director of the Of- enter into any contract with a foreign incor- (d) REPORTS PROVIDED TO COMMITTEES.—In fice of Management and Budget shall consult porated entity which is treated as an in- furnishing the report required by subsection with information systems management ex- verted domestic corporation under sub- (b), and the Secretary’s response and rec- perts in the public and private sectors, in the section (b), or any subsidiary of such entity. ommendations under subsection (c), to the development and implementation of the en- (b) INVERTED DOMESTIC CORPORATION.—For Congress, the Comptroller General and the terprise architecture and plan referred to purposes of this section, a foreign incor- Secretary, respectively, shall ensure that the under subsection (a). porated entity shall be treated as an in- report, response, and recommendations are (i) PRINCIPAL OFFICER.—The Director of the verted domestic corporation if, pursuant to a transmitted to the Committee on Commerce, Office of Management and Budget shall des- plan (or a series of related transactions)— Science, and Transportation of the Senate, ignate, with the approval of the President, a (1) the entity has completed the direct or and the Committee on Environment and principal officer in the Office of Management indirect acquisition of substantially all of Public Works of the Senate, and the Com- and Budget whose primary responsibility the properties held directly or indirectly by mittee on Transportation and Infrastructure shall be to carry out the duties of the Direc- a domestic corporation or substantially all of the House of Representatives. tor under this section. of the properties constituting a trade or SEC. 171. INTEROPERABILITY OF INFORMATION SEC. 172. EXTENSION OF CUSTOMS USER FEES. business of a domestic partnership, SYSTEMS. Section 13031(j)(3) of the Consolidated Om- (2) after the acquisition at least 50 percent (a) IN GENERAL.—The Director of the Office nibus Budget Reconciliation Act of 1985 (19 of the stock (by vote or value) of the entity of Management and Budget, in consultation U.S.C. 58c(j)(3)) is amended by striking ‘‘Sep- is held— with the Secretary and affected entities, tember 30, 2003’’ and inserting ‘‘March 31, (A) in the case of an acquisition with re- shall develop— 2004’’. spect to a domestic corporation, by former (1) a comprehensive enterprise architec- shareholders of the domestic corporation by ture for information systems, including com- SEC. 173. CONFORMING AMENDMENTS REGARD- ING LAWS ADMINISTERED BY THE reason of holding stock in the domestic cor- munications systems, to achieve interoper- SECRETARY OF VETERANS AFFAIRS. poration, or ability between and among information sys- (a) TITLE 38, UNITED STATES CODE.— (B) in the case of an acquisition with re- tems of agencies with responsibility for (1) SECRETARY OF HOMELAND SECURITY AS spect to a domestic partnership, by former homeland security; and HEAD OF COAST GUARD.—Title 38, United partners of the domestic partnership by rea- (2) a plan to achieve interoperability be- States Code, is amended by striking ‘‘Sec- son of holding a capital or profits interest in tween and among information systems, in- retary of Transportation’’ and inserting the domestic partnership, and cluding communications systems, of agen- ‘‘Secretary of Homeland Security’’ in each of (3) the expanded affiliated group which cies with responsibility for homeland secu- the following provisions: after the acquisition includes the entity does rity and those of State and local agencies (A) Section 101(25)(D). not have substantial business activities in with responsibility for homeland security. (B) Section 1974(a)(5). the foreign country in which or under the (b) TIMETABLES.—The Director of the Of- (C) Section 3002(5). law of which the entity is created or orga- fice of Management and Budget, in consulta- (D) Section 3011(a)(1)(A)(ii), both places it nized when compared to the total business tion with the Secretary and affected entities, appears. activities of such expanded affiliated group. shall establish timetables for development (E) Section 3012(b)(1)(A)(v). (c) DEFINITIONS AND SPECIAL RULES.—For and implementation of the enterprise archi- (F) Section 3012(b)(1)(B)(ii)(V). purposes of this section— tecture and plan referred to in subsection (G) Section 3018A(a)(3). (1) RULES FOR APPLICATION OF SUBSECTION (a). (H) Section 3018B(a)(1)(C). (b).—In applying subsection (b) for purposes (c) IMPLEMENTATION.—The Director of the Office of Management and Budget, in con- (I) Section 3018B(a)(2)(C). of subsection (a), the following rules shall sultation with the Secretary and acting (J) Section 3018C(a)(5). apply: under the responsibilities of the Director (K) Section 3020(m)(4). (A) CERTAIN STOCK DISREGARDED.—There under law (including the Clinger-Cohen Act (L) Section 3035(d). shall not be taken into account in deter- of 1996), shall ensure the implementation of (M) Section 6105(c). mining ownership for purposes of subsection the enterprise architecture developed under (2) DEPARTMENT OF HOMELAND SECURITY AS (b)(2)— subsection (a)(1), and shall coordinate, over- EXECUTIVE DEPARTMENT OF COAST GUARD.— (i) stock held by members of the expanded see, and evaluate the management and ac- Title 38, United States Code, is amended by affiliated group which includes the foreign quisition of information technology by agen- striking ‘‘Department of Transportation’’ incorporated entity, or cies with responsibility for homeland secu- and inserting ‘‘Department of Homeland Se- (ii) stock of such entity which is sold in a rity to ensure interoperability consistent curity’’ in each of the following provisions: public offering related to the acquisition de- with the enterprise architecture developed (A) Section 1560(a). scribed in subsection (b)(1). under subsection (a)(1). (B) Section 3035(b)(2). (B) PLAN DEEMED IN CERTAIN CASES.—If a (d) AGENCY COOPERATION.—The head of (C) Section 3035(c). foreign incorporated entity acquires directly each agency with responsibility for home- (D) Section 3035(d). or indirectly substantially all of the prop- land security shall fully cooperate with the (E) Section 3035(e)(2)(C). erties of a domestic corporation or partner- Director of the Office of Management and (F) Section 3680A(g). ship during the 4-year period beginning on Budget in the development of a comprehen- (b) SOLDIERS’ AND SAILORS’ CIVIL RELIEF the date which is 2 years before the owner- sive enterprise architecture for information ACT OF 1940.—The Soldiers’ and Sailors’ Civil ship requirements of subsection (b)(2) are systems and in the management and acquisi- Relief Act of 1940 is amended by striking met, such actions shall be treated as pursu- tion of information technology consistent ‘‘Secretary of Transportation’’ and inserting ant to a plan. with the comprehensive enterprise architec- ‘‘Secretary of Homeland Security’’ in each of (C) CERTAIN TRANSFERS DISREGARDED.—The ture developed under subsection (a)(1). the following provisions: transfer of properties or liabilities (including (e) CONTENT.—The enterprise architecture (1) Section 105 (50 U.S.C. App. 515), both by contribution or distribution) shall be dis- developed under subsection (a)(1), and the in- places it appears. regarded if such transfers are part of a plan formation systems managed and acquired (2) Section 300(c) (50 U.S.C. App. 530). a principal purpose of which is to avoid the under the enterprise architecture, shall pos- (c) OTHER LAWS AND DOCUMENTS.—(1) Any purposes of this section. sess the characteristics of— reference to the Secretary of Transportation, (D) SPECIAL RULE FOR RELATED PARTNER- (1) rapid deployment; in that Secretary’s capacity as the head of SHIPS.—For purposes of applying subsection (2) a highly secure environment, providing the Coast Guard when it is not operating as (b) to the acquisition of a domestic partner- data access only to authorized users; and a service in the Navy, in any law, regulation, ship, except as provided in regulations, all (3) the capability for continuous system map, document, record, or other paper of the partnerships which are under common con- upgrades to benefit from advances in tech- United States administered by the Secretary trol (within the meaning of section 482 of the nology while preserving the integrity of of Veterans Affairs shall be considered to be Internal Revenue Code of 1986) shall be treat- stored data. a reference to the Secretary of Homeland Se- ed as 1 partnership. (f) UPDATED VERSIONS.—The Director of curity. (E) TREATMENT OF CERTAIN RIGHTS.—The the Office of Management and Budget, in (2) Any reference to the Department of Secretary shall prescribe such regulations as consultation with the Secretary, shall over- Transportation, in its capacity as the execu- may be necessary— see and ensure the development of updated tive department of the Coast Guard when it (i) to treat warrants, options, contracts to versions of the enterprise architecture and is not operating as a service in the Navy, in acquire stock, convertible debt instruments, plan developed under subsection (a), as nec- any law, regulation, map, document, record, and other similar interests as stock, and essary. or other paper of the United States adminis- (ii) to treat stock as not stock. (g) REPORT.—The Director of the Office of tered by the Secretary of Veterans Affairs (2) EXPANDED AFFILIATED GROUP.—The term Management and Budget, in consultation shall be considered to be a reference to the ‘‘expanded affiliated group’’ means an affili- with the Secretary, shall annually report to Department of Homeland Security. ated group as defined in section 1504(a) of the September 30, 2002 CONGRESSIONAL RECORD — SENATE S9615 Internal Revenue Code of 1986 (without re- Secretary of Homeland Security shall enter ‘‘(2) the Secretary of Homeland Security, gard to section 1504(b) of such Code), except into an agreement to carry out this section. with respect to an animal used for purposes that section 1504(a) of such Code shall be ap- (2) REQUIRED TERMS.—The agreement re- of official inspections by the Department of plied by substituting ‘‘more than 50 percent’’ quired by this subsection shall provide for— Homeland Security.’’. for ‘‘at least 80 percent’’ each place it ap- (A) the supervision by the Secretary of Ag- (2) CONFORMING AMENDMENTS.— pears. riculture of the training of employees of the (A) Section 502 of the Agricultural Risk (3) FOREIGN INCORPORATED ENTITY.—The Secretary of Homeland Security to carry out Protection Act of 2000 (as redesignated by term ‘‘foreign incorporated entity’’ means the functions transferred under subsection paragraph (1)(A)) is amended— any entity which is, or but for subsection (b) (b); (i) in subsection (a)— would be, treated as a foreign corporation for (B) the transfer of funds to the Secretary (I) by inserting ‘‘or the Department of purposes of the Internal Revenue Code of of Homeland Security under subsection (e); Homeland Security’’ after ‘‘Department of 1986. (C) authority under which the Secretary of Agriculture’’; and (4) OTHER DEFINITIONS.—The terms ‘‘per- Homeland Security may perform functions (II) by inserting ‘‘or the Secretary of son’’, ‘‘domestic’’, and ‘‘foreign’’ have the that— Homeland Security’’ after ‘‘Secretary of Ag- meanings given such terms by paragraphs (i) are delegated to the Animal and Plant riculture’’; and (1), (4), and (5) of section 7701(a) of the Inter- Health Inspection Service of the Department (ii) by striking ‘‘Secretary’’ each place it nal Revenue Code of 1986, respectively. of Agriculture regarding the protection of appears (other than in subsections (a) and (d) WAIVER.—The President may waive sub- domestic livestock and plants; but (e)) and inserting ‘‘Secretary concerned’’. section (a) with respect to any specific con- (ii) are not transferred to the Secretary of (B) Section 503 of the Agricultural Risk tract if the President certifies to Congress Homeland Security under subsection (b); and Protection Act of 2000 (as redesignated by that the waiver is required in the interest of (D) authority under which the Secretary of paragraph (1)(A)) is amended by striking national security. Agriculture may use employees of the De- ‘‘501’’ each place it appears and inserting (e) EFFECTIVE DATE.—This section shall partment of Homeland Security to carry out ‘‘502’’. take effect 1 day after the date of the enact- authorities delegated to the Animal and (C) Section 221 of the Public Health Secu- ment of this Act. Plant Health Inspection Service regarding rity and Bioterrorism Preparedness and Re- SEC. 175. TRANSFER OF CERTAIN AGRICULTURAL the protection of domestic livestock and sponse Act of 2002 (7 U.S.C. 8411) is repealed. INSPECTION FUNCTIONS OF THE DE- plants. SEC. 176. COORDINATION OF INFORMATION AND PARTMENT OF AGRICULTURE. (3) REVIEW AND REVISION.—After the date of INFORMATION TECHNOLOGY. (a) DEFINITION OF COVERED LAW.—In this execution of the agreement described in section, the term ‘‘covered law’’ means— (a) DEFINITION OF AFFECTED AGENCY.—In paragraph (1), the Secretary of Agriculture (1) the first section of the Act of August 31, this section, the term ‘‘affected agency’’ and the Secretary of Homeland Security— 1922 (commonly known as the ‘‘Honeybee means— (A) shall periodically review the agree- Act’’) (7 U.S.C. 281); (1) the Department of Homeland Security; ment; and (2) title III of the Federal Seed Act (7 (2) the Department of Agriculture; (B) may jointly revise the agreement, as U.S.C. 1581 et seq.); (3) the Department of Health and Human necessary. (3) the Plant Protection Act (7 U.S.C. 7701 Services; and (e) PERIODIC TRANSFER OF FUNDS TO DE- et seq.); (4) any other department or agency deter- PARTMENT OF HOMELAND SECURITY.— (4) the Animal Health Protection Act (7 mined to be appropriate by the Secretary of (1) TRANSFER OF FUNDS.—Subject to para- U.S.C. 8301 et seq.); Homeland Security. graph (2), out of any funds collected as fees (5) section 11 of the Endangered Species (b) COORDINATION.—Consistent with section under sections 2508 and 2509 of the Food, Ag- Act of 1973 (16 U.S.C. 1540). 171, the Secretary of Homeland Security, in riculture, Conservation, and Trade Act of (6) the Lacey Act Amendments of 1981 (16 coordination with the Secretary of Agri- 1990 (21 U.S.C. 136, 136a), the Secretary of Ag- U.S.C. 3371 et seq.); and culture, the Secretary of Health and Human riculture shall periodically transfer to the (7) the eighth paragraph under the heading Services, and the head of each other depart- Secretary of Homeland Security, in accord- ‘‘BUREAU OF ANIMAL INDUSTRY’’ in the ment or agency determined to be appropriate ance with the agreement under subsection Act of March 4, 1913 (commonly known as by the Secretary of Homeland Security, shall (d), funds for activities carried out by the the ‘‘Virus-Serum-Toxin Act’’) (21 U.S.C. 151 ensure that appropriate information (as de- Secretary of Homeland Security for which et seq.); termined by the Secretary of Homeland Se- the fees were collected. (b) TRANSFER.— curity) concerning inspections of articles (2) LIMITATION.—The proportion of fees col- (1) IN GENERAL.—Subject to paragraph (2), that are imported or entered into the United there is transferred to the Secretary of lected under sections 2508 and 2509 of the States, and are inspected or regulated by 1 or Homeland Security the functions of the Sec- Food, Agriculture, Conservation, and Trade more affected agencies, is timely and effi- retary of Agriculture relating to agricultural Act of 1990 (21 U.S.C. 136, 136a) that are ciently exchanged between the affected agen- import and entry inspection activities under transferred to the Secretary of Homeland Se- cies. each covered law. curity under paragraph (1) may not exceed (c) REPORT AND PLAN.—Not later than 18 the proportion that— (2) QUARANTINE ACTIVITIES.—The functions months after the date of enactment of this transferred under paragraph (1) shall not in- (A) the costs incurred by the Secretary of Act, the Secretary of Homeland Security, in clude any quarantine activity carried out Homeland Security to carry out activities consultation with the Secretary of Agri- under a covered law. funded by those fees; bears to culture, the Secretary of Health and Human (c) EFFECT OF TRANSFER.— (B) the costs incurred by the Federal Gov- Services, and the head of each other depart- (1) COMPLIANCE WITH DEPARTMENT OF AGRI- ernment to carry out activities funded by ment or agency determined to be appropriate CULTURE REGULATIONS.—The authority trans- those fees. by the Secretary of Homeland Security, shall ferred under subsection (b) shall be exercised (f) TRANSFER OF DEPARTMENT OF AGRI- submit to Congress— by the Secretary of Homeland Security in CULTURE EMPLOYEES.—Not later than the (1) a report on the progress made in imple- accordance with the regulations, policies, completion of the transition period (as de- menting this section; and and procedures issued by the Secretary of fined in section 181), the Secretary of Agri- (2) a plan to complete implementation of Agriculture regarding the administration of culture shall transfer to the Department of this section. each covered law. Homeland Security not more than 3,200 full- Subtitle E—Transition Provisions (2) RULEMAKING COORDINATION.—The Sec- time equivalent positions of the Department of Agriculture. SEC. 181. DEFINITIONS. retary of Agriculture shall coordinate with In this subtitle: the Secretary of Homeland Security in any (g) PROTECTION OF INSPECTION ANIMALS.— (1) DEFINITION OF SECRETARY CONCERNED.— (1) AGENCY.—The term ‘‘agency’’ includes case in which the Secretary of Agriculture any entity, organizational unit, or function prescribes regulations, policies, or proce- Title V of the Agricultural Risk Protection Act of 2000 is amended— transferred or to be transferred under this dures for administering the functions trans- title. ferred under subsection (b) under a covered (A) by redesignating sections 501 and 502 (7 (2) TRANSITION PERIOD.—The term ‘‘transi- law. U.S.C. 2279e, 2279f) as sections 502 and 503, re- spectively; and tion period’’ means the 1-year period begin- (3) EFFECTIVE ADMINISTRATION.—The Sec- ning on the effective date of this division. retary of Homeland Security, in consultation (B) by inserting before section 502 (as re- with the Secretary of Agriculture, may issue designated by subparagraph (A)) the fol- SEC. 182. TRANSFER OF AGENCIES. such directives and guidelines as are nec- lowing: The transfer of an agency to the Depart- essary to ensure the effective use of per- ‘‘SEC. 501. DEFINITION OF SECRETARY CON- ment, as authorized by this title, shall occur sonnel of the Department of Homeland Secu- CERNED. when the President so directs, but in no rity to carry out the functions transferred ‘‘In this title, the term ‘Secretary con- event later than the end of the transition pe- under subsection (b). cerned’ means— riod. (d) TRANSFER AGREEMENT.— ‘‘(1) the Secretary of Agriculture, with re- SEC. 183. TRANSITIONAL AUTHORITIES. (1) IN GENERAL.—Before the completion of spect to an animal used for purposes of offi- (a) PROVISION OF ASSISTANCE BY OFFI- the transition period (as defined in section cial inspections by the Department of Agri- CIALS.—Until an agency is transferred to the 181), the Secretary of Agriculture and the culture; and Department, any official having authority S9616 CONGRESSIONAL RECORD — SENATE September 30, 2002 over, or functions relating to, the agency im- tion, delegation of authority, or other docu- to identify any gaps, and to plan for the mediately before the effective date of this di- ment pertaining to an agency transferred training, recruitment, and retention policies vision shall provide to the Secretary such as- under this title that refers to the head of the necessary to attract and retain a workforce sistance, including the use of personnel and department from which such agency is trans- to meet the needs of the Department; assets, as the Secretary may reasonably re- ferred is deemed to refer to the Secretary. (ii) the past and anticipated future record quest in preparing for the transfer and inte- SEC. 185. IMPLEMENTATION PROGRESS REPORTS of the Department with respect to recruit- gration of the agency into the Department. AND LEGISLATIVE RECOMMENDA- ment and retention of personnel; (b) SERVICES AND PERSONNEL.—During the TIONS. (iii) plans or progress reports on the utili- transition period, upon the request of the (a) IN GENERAL.—In consultation with the zation by the Department of existing per- Secretary, the head of any agency (as defined President and in accordance with this sec- sonnel flexibility, provided by law or under section 2) may, on a reimbursable tion, the Secretary shall prepare implemen- through regulations of the President and the basis, provide services and detail personnel tation progress reports and submit such re- Office of Personnel Management, to achieve to assist with the transition. ports to— the human capital needs of the Department; (c) ACTING OFFICIALS.— (1) the President of the Senate and the (iv) any inequitable disparities in pay or (1) DESIGNATION.—During the transition pe- Speaker of the House of Representatives for other terms and conditions of employment riod, pending the nomination and advice and referral to the appropriate committees; and among employees within the Department re- consent of the Senate to the appointment of (2) the Comptroller General of the United sulting from the consolidation under this di- an officer required by this division to be ap- States. vision of functions, entities, and personnel pointed by and with such advice and consent, (b) REPORT FREQUENCY.— previously covered by disparate personnel the President may designate any officer (1) INITIAL REPORT.—As soon as practicable, whose appointment was required to be made and not later than 6 months after the date of systems; and by and with such advice and consent, and enactment of this Act, the Secretary shall (v) efforts to address the disparities under who continues as such an officer, to act in submit the first implementation progress re- clause (iv) using existing personnel flexi- such office until the office is filled as pro- port. bility; vided in this division. (2) SEMIANNUAL REPORTS.—Following the (C) with respect to information tech- nology— (2) COMPENSATION.—While serving as an submission of the report under paragraph (1), acting officer under paragraph (1), the officer the Secretary shall submit additional imple- (i) an assessment of the existing and shall receive compensation at the higher of mentation progress reports not less fre- planned information systems of the Depart- the rate provided— quently than once every 6 months until all ment; and (A) under this division for the office in transfers to the Department under this title (ii) a report on the development and imple- which that officer acts; or have been completed. mentation of enterprise architecture and of (B) for the office held at the time of des- (3) FINAL REPORT.—Not later than 6 months the plan to achieve interoperability; ignation. after all transfers to the Department under (D) with respect to programmatic imple- (3) PERIOD OF SERVICE.—The person serving this title have been completed, the Secretary mentation— as an acting officer under paragraph (1) may shall submit a final implementation progress (i) the progress in implementing the pro- serve in the office for the periods described report. grammatic responsibilities of this division; under section 3346 of title 5, United States (c) CONTENTS.— (ii) the progress in implementing the mis- Code, as if the office became vacant on the (1) IN GENERAL.—Each implementation sion of each entity, organizational unit, and effective date of this division. progress report shall report on the progress function transferred to the Department; (d) EXCEPTION TO ADVICE AND CONSENT RE- made in implementing titles I and XI, in- (iii) recommendations of any other govern- QUIREMENT.—Nothing in this Act shall be cluding fulfillment of the functions trans- mental entities, organizational units, or construed to require the advice and consent ferred under this Act, and shall include all of functions that need to be incorporated into of the Senate to the appointment by the the information specified under paragraph the Department in order for the Department President to a position in the Department of (2) that the Secretary has gathered as of the to function effectively; and any officer— date of submission. Information contained in (iv) recommendations of any entities, orga- (1) whose agency is transferred to the De- an earlier report may be referenced, rather nizational units, or functions not related to partment under this Act; than set out in full, in a subsequent report. homeland security transferred to the Depart- (2) whose appointment was by and with the The final implementation progress report ment that need to be transferred from the advice and consent of the Senate; shall include any required information not Department or terminated for the Depart- (3) who is proposed to serve in a direc- yet provided. ment to function effectively. torate or office of the Department that is (2) SPECIFICATIONS.—Each implementation (d) LEGISLATIVE RECOMMENDATIONS.— similar to the transferred agency in which progress report shall contain, to the extent (1) INCLUSION IN REPORT.—The Secretary, the officer served; and available— after consultation with the appropriate com- (4) whose authority and responsibilities (A) with respect to the transfer and incor- mittees of Congress, shall include in the re- following such transfer would be equivalent poration of entities, organizational units, port under this section, recommendations for to those performed prior to such transfer. and functions— legislation that the Secretary determines is SEC. 184. INCIDENTAL TRANSFERS AND TRANS- (i) the actions needed to transfer and in- necessary to— FER OF RELATED FUNCTIONS. corporate entities, organizational units, and (A) facilitate the integration of transferred (a) INCIDENTAL TRANSFERS.—The Director functions into the Department; entities, organizational units, and functions of the Office of Management and Budget, in (ii) a projected schedule, with milestones, into the Department; consultation with the Secretary, shall make for completing the various phases of the (B) reorganize agencies, executive posi- such additional incidental dispositions of transition; tions, and the assignment of functions with- personnel, assets, and liabilities held, used, (iii) a progress report on taking those ac- in the Department; arising from, available, or to be made avail- tions and meeting the schedule; (C) address any inequitable disparities in able, in connection with the functions trans- (iv) the organizational structure of the De- pay or other terms and conditions of employ- ferred by this title, as the Director deter- partment, including a listing of the respec- ment among employees within the Depart- mines necessary to accomplish the purposes tive directorates, the field offices of the De- ment resulting from the consolidation of of this title. partment, and the executive positions that agencies, functions, and personnel previously (b) ADJUDICATORY OR REVIEW FUNCTIONS.— will be filled by political appointees or ca- covered by disparate personnel systems; (1) IN GENERAL.—At the time an agency is (D) enable the Secretary to engage in pro- transferred to the Department, the President reer executives; (v) the location of Department head- curement essential to the mission of the De- may also transfer to the Department any partment; agency established to carry out or support quarters, including a timeframe for relo- cating to the new location, an estimate of (E) otherwise help further the mission of adjudicatory or review functions in relation the Department; and to the transferred agency. cost for the relocation, and information about which elements of the various agencies (F) make technical and conforming amend- (2) EXCEPTION.—The President may not will be located at headquarters; ments to existing law to reflect the changes transfer the Executive Office of Immigration made by titles I and XI. Review of the Department of Justice under (vi) unexpended funds and assets, liabil- ities, and personnel that will be transferred, (2) SEPARATE SUBMISSION OF PROPOSED LEG- this subsection. ISLATION.—The Secretary may submit the (c) TRANSFER OF RELATED FUNCTIONS.—The and the proposed allocations and disposition proposed legislation under paragraph (1) to transfer, under this title, of an agency that within the Department; and Congress before submitting the balance of is a subdivision of a department before such (vii) the costs of implementing the transi- the report under this section. transfer shall include the transfer to the tion; Secretary of any function relating to such (B) with respect to human capital plan- SEC. 186. TRANSFER AND ALLOCATION. agency that, on the date before the transfer, ning— Except as otherwise provided in this title, was exercised by the head of the department (i) a description of the workforce planning the personnel employed in connection with, from which such agency is transferred. undertaken for the Department, including and the assets, liabilities, contracts, prop- (d) REFERENCES.—A reference in any other the preparation of an inventory of skills and erty, records, and unexpended balance of ap- Federal law, Executive order, rule, regula- competencies available to the Department, propriations, authorizations, allocations, September 30, 2002 CONGRESSIONAL RECORD — SENATE S9617 and other funds employed, held, used, arising the terms and conditions of employment, in- (B) shall remain subject to the same condi- from, available to, or to be made available in cluding compensation, of any employee so tions and limitations provided by the law connection with the agencies transferred transferred. originally appropriating or otherwise mak- under this title, shall be transferred to the (2) CONDITIONS AND CRITERIA FOR APPOINT- ing available the amount, including limita- Secretary for appropriate allocation, subject MENT.—Any qualifications, conditions, or tions and notification requirements related to the approval of the Director of the Office criteria required by law for appointments to to the reprogramming of appropriated funds; of Management and Budget and to section a position in an agency, or subdivision there- and 1531 of title 31, United States Code. Unex- of, transferred to the Department under this (C) shall not be used to fund any new posi- pended funds transferred under this sub- title, including a requirement that an ap- tion established under this Act. section shall be used only for the purposes pointment be made by the President, by and (2) TRANSFER OF FUNDS.— for which the funds were originally author- with the advice and consent of the Senate, (A) IN GENERAL.—After the creation of the ized and appropriated. shall continue to apply with respect to any Department and the swearing in of its Sec- SEC. 187. SAVINGS PROVISIONS. appointment to the position made after such retary, and upon determination by the Sec- (a) CONTINUING EFFECT OF LEGAL DOCU- transfer to the Department has occurred. retary that such action is necessary in the MENTS.—All orders, determinations, rules, (3) WHISTLEBLOWER PROTECTION.—The national interest, the Secretary is author- regulations, permits, agreements, grants, President may not exclude any position ized to transfer, with the approval of the Of- contracts, recognitions of labor organiza- transferred to the Department as a covered fice of Management and Budget, not to ex- tions, collective bargaining agreements, cer- position under section 2302(a)(2)(B)(ii) of title ceed $140,000,000 of unobligated funds from tificates, licenses, registrations, privileges, 5, United States Code, to the extent that organizations and entities transferred to the and other administrative actions— such exclusion subject to that authority was new Department by this Act. (1) which have been issued, made, granted, not made before the date of enactment of (B) LIMITATION.—Notwithstanding para- or allowed to become effective by the Presi- this Act. graph (1)(C), funds authorized to be trans- dent, any Federal agency or official thereof, (g) NO EFFECT ON INTELLIGENCE AUTHORI- ferred by subparagraph (A) shall be available or by a court of competent jurisdiction, in TIES.—The transfer of authorities, functions, only for payment of necessary costs, includ- the performance of functions which are personnel, and assets of elements of the ing funding of new positions, for the initi- transferred under this title; and United States Government under this title, ation of operations of the Department and (2) which are in effect at the time this divi- or the assumption of authorities and func- may not be transferred unless the Commit- sion takes effect, or were final before the ef- tions by the Department under this title, tees on Appropriations are notified at least fective date of this division and are to be- shall not be construed, in cases where such 15 days in advance of any proposed transfer come effective on or after the effective date authorities, functions, personnel, and assets and have approved such transfer in advance. of this division, are engaged in intelligence activities as de- (C) NOTIFICATION.—The notification re- fined in the National Security Act of 1947, as shall, to the extent related to such func- quired in subparagraph (B) shall include a affecting the authorities of the Director of detailed justification of the purposes for tions, continue in effect according to their Central Intelligence, the Secretary of De- terms until modified, terminated, super- which the funds are to be used and a detailed fense, or the heads of departments and agen- statement of the impact on the program or seded, set aside, or revoked in accordance cies within the intelligence community. with law by the President, the Secretary or organization that is the source of the funds, SEC. 188. TRANSITION PLAN. other authorized official, or a court of com- and shall be submitted in accordance with (a) IN GENERAL.—Not later than September reprogramming procedures to be established petent jurisdiction, or by operation of law. 15, 2002, the President shall submit to Con- (b) PROCEEDINGS NOT AFFECTED.—The pro- by the Committees on Appropriations. gress a transition plan as set forth in sub- (D) USE FOR OTHER ITEMS.—The authority visions of this title shall not affect any pro- section (b). ceedings, including notices of proposed rule- to transfer funds established in this section (b) CONTENTS.— may not be used unless for higher priority making, or any application for any license, (1) IN GENERAL.—The transition plan under permit, certificate, or financial assistance items, based on demonstrated homeland se- subsection (a) shall include a detailed— curity requirements, than those for which pending before an agency at the time this (A) plan for the transition to the Depart- title takes effect, with respect to functions funds originally were appropriated and in no ment and implementation of this title and case where the item for which funds are re- transferred by this title but such proceedings division B; and and applications shall continue. Orders shall quested has been denied by Congress. (B) proposal for the financing of those op- (d) NOTIFICATION REGARDING TRANSFERS.— be issued in such proceedings, appeals shall erations and needs of the Department that The President shall notify Congress not less be taken therefrom, and payments shall be do not represent solely the continuation of than 15 days before any transfer of appro- made pursuant to such orders, as if this title functions for which appropriations already priations balances, other funds, or assets had not been enacted, and orders issued in are available. under this Act. any such proceedings shall continue in effect (2) FINANCING PROPOSAL.—The financing (e) ADDITIONAL USES OF FUNDS DURING until modified, terminated, superseded, or proposal under paragraph (1)(B) may consist TRANSITION.—Subject to subsections (c) and revoked by a duly authorized official, by a of any combination of specific appropria- (d), amounts transferred to, or otherwise court of competent jurisdiction, or by oper- tions transfers, specific reprogrammings, and made available to, the Department may be ation of law. Nothing in this subsection shall new specific appropriations as the President used during the transition period, as defined be deemed to prohibit the discontinuance or considers advisable. in section 801(2), for purposes in addition to modification of any such proceeding under SEC. 189. USE OF APPROPRIATED FUNDS. those for which such amounts were origi- the same terms and conditions and to the (a) APPLICABILITY OF THIS SECTION.—Not- nally available (including by transfer among same extent that such proceeding could have withstanding any other provision of this Act accounts of the Department), but only to the been discontinued or modified if this title or any other law, this section shall apply to extent such transfer or use is specifically had not been enacted. the use of any funds, disposal of property, permitted in advance in an appropriations (c) SUITS NOT AFFECTED.—The provisions and acceptance, use, and disposal of gifts, or Act and only under the conditions and for of this title shall not affect suits commenced donations of services or property, of, for, or the purposes specified in such appropriations before the effective date of this division, and by the Department, including any agencies, Act. in all such suits, proceedings shall be had, entities, or other organizations transferred (f) DISPOSAL OF PROPERTY.— appeals taken, and judgments rendered in to the Department under this Act. (1) STRICT COMPLIANCE.—If specifically au- the same manner and with the same effect as (b) AUTHORIZATION OF APPROPRIATIONS TO thorized to dispose of real property in this or if this title had not been enacted. CREATE DEPARTMENT.—There is authorized any other Act, the Secretary shall exercise (d) NONABATEMENT OF ACTIONS.—No suit, to be appropriated $160,000,000 for the Office this authority in strict compliance with sub- action, or other proceeding commenced by or of Homeland Security in the Executive Of- chapter IV of chapter 5 of title 40, United against an agency, or by or against any indi- fice of the President to be transferred with- States Code. vidual in the official capacity of such indi- out delay to the Department upon its cre- (2) DEPOSIT OF PROCEEDS.—The Secretary vidual as an officer of an agency, shall abate ation by enactment of this Act, notwith- shall deposit the proceeds of any exercise of by reason of the enactment of this title. standing subsection (c)(1)(C) such funds shall property disposal authority into the mis- (e) ADMINISTRATIVE ACTIONS RELATING TO be available only for the payment of nec- cellaneous receipts of the Treasury in ac- PROMULGATION OF REGULATIONS.—Any ad- essary salaries and expenses associated with cordance with section 3302(b) of title 31, ministrative action relating to the prepara- the initiation of operations of the Depart- United States Code. tion or promulgation of a regulation by an ment. (g) GIFTS.—Gifts or donations of services or agency relating to a function transferred (c) USE OF TRANSFERRED FUNDS.— property of or for the Department may not under this title may be continued by the De- (1) IN GENERAL.—Except as may be provided be accepted, used, or disposed of unless spe- partment with the same effect as if this title in this subsection or in an appropriations cifically permitted in advance in an appro- had not been enacted. Act in accordance with subsection (e), bal- priations Act and only under the conditions (f) EMPLOYMENT AND PERSONNEL.— ances of appropriations and any other funds and for the purposes specified in such appro- (1) TERMS AND CONDITIONS OF EMPLOY- or assets transferred under this Act— priations Act. MENT.—The transfer of an employee to the (A) shall be available only for the purposes (h) BUDGET REQUEST.—Under section 1105 Department under this Act shall not alter for which they were originally available; of title 31, United States Code, the President S9618 CONGRESSIONAL RECORD — SENATE September 30, 2002 shall submit to Congress a detailed budget against, and respond to natural disasters, on similar construction in the locality as de- request for the Department for fiscal year cyber attacks, and incidents involving weap- termined by the Secretary of Labor in ac- 2004, and for each subsequent fiscal year. ons of mass destruction. cordance with subchapter IV of chapter 31 of Subtitle F—Administrative Provisions (c) POINT OF ENTRY MANAGEMENT RE- title 40, United States Code (commonly SEC. 191. REORGANIZATIONS AND DELEGATIONS. PORT.—Not later than 1 year after the effec- known as the ‘‘Davis-Bacon Act’’). (b) SECRETARY OF LABOR.—The Secretary (a) REORGANIZATION AUTHORITY.— tive date of this division, the Secretary shall of Labor shall have, with respect to the en- (1) IN GENERAL.—The Secretary may, as submit to Congress a report outlining pro- forcement of labor standards under sub- necessary and appropriate— posed steps to consolidate management au- section (a), the authority and functions set (A) allocate, or reallocate, functions thority for Federal operations at key points forth in Reorganization Plan Number 14 of among officers of the Department; and of entry into the United States. (d) COMBATING TERRORISM AND HOMELAND 1950 (5 U.S.C. App.) and section 3145 of title (B) establish, consolidate, alter, or dis- 40, United States Code. continue organizational entities within the SECURITY.—Not later than 270 days after the Department. date of enactment of this Act, the Secretary SEC. 195. PROCUREMENT OF TEMPORARY AND shall— INTERMITTENT SERVICES. (2) LIMITATION.—Paragraph (1) does not The Secretary may— apply to— (1) in consultation with the head of each department or agency affected by titles I, II, (1) procure the temporary or intermittent (A) any office, bureau, unit, or other entity services of experts or consultants (or organi- established by law and transferred to the De- III, and XI, develop definitions of the terms ‘‘combating terrorism’’ and ‘‘homeland secu- zations thereof) in accordance with section partment; 3109(b) of title 5, United States Code; and rity’’ for purposes of those titles and shall (B) any function vested by law in an entity (2) whenever necessary due to an urgent consider such definitions in determining the referred to in subparagraph (A) or vested by homeland security need, procure temporary mission of the Department; and law in an officer of such an entity; or (not to exceed 1 year) or intermittent per- (2) submit a report to Congress on such (C) the alteration of the assignment or del- sonal services, including the services of ex- definitions. egation of functions assigned by this Act to perts or consultants (or organizations there- (e) RESULTS-BASED MANAGEMENT.— any officer or organizational entity of the of), without regard to the pay limitations of (1) STRATEGIC PLAN.— Department. such section 3109. (b) DELEGATION AUTHORITY.— (A) IN GENERAL.—Not later than September SEC. 196. PRESERVING NON-HOMELAND SECU- (1) SECRETARY.—The Secretary may— 30, 2003, consistent with the requirements of RITY MISSION PERFORMANCE. (A) delegate any of the functions of the section 306 of title 5, United States Code, the (a) IN GENERAL.—For each entity trans- Secretary; and Secretary, in consultation with Congress, ferred into the Department that has non- (B) authorize successive redelegations of shall prepare and submit to the Director of homeland security functions, the respective functions of the Secretary to other officers the Office of Management and Budget and to Under Secretary in charge, in conjunction and employees of the Department. Congress a strategic plan for the program ac- with the head of such entity, shall report to (2) OFFICERS.—An officer of the Depart- tivities of the Department. the Secretary, the Comptroller General, and ment may— (B) PERIOD; REVISIONS.—The strategic plan the appropriate committees of Congress on (A) delegate any function assigned to the shall cover a period of not less than 5 years the performance of the entity in all of its officer by law; and from the fiscal year in which it is submitted missions, with a particular emphasis on ex- (B) authorize successive redelegations of and it shall be updated and revised at least amining the continued level of performance functions assigned to the officer by law to every 3 years. of the non-homeland security missions. other officers and employees of the Depart- (C) CONTENTS.—The strategic plan shall de- (b) CONTENTS.—The report referred to in ment. scribe the planned results for the non-home- subsection (a) shall— (3) LIMITATIONS.— land security related activities of the De- (1) to the greatest extent possible, provide (A) INTERUNIT DELEGATION.—Any function partment and the homeland security related an inventory of the non-homeland security assigned by this title to an organizational activities of the Department. functions of the entity and identify the capa- unit of the Department or to the head of an (2) PERFORMANCE PLAN.— bilities of the entity with respect to those organizational unit of the Department may (A) IN GENERAL.—In accordance with sec- functions, including— not be delegated to an officer or employee tion 1115 of title 31, United States Code, the (A) the number of employees who carry out outside of that unit. Secretary shall prepare an annual perform- those functions; (B) FUNCTIONS.—Any function vested by ance plan covering each program activity set (B) the budget for those functions; and law in an entity established by law and forth in the budget of the Department. (C) the flexibilities, personnel or other- transferred to the Department or vested by (B) CONTENTS.—The performance plan shall wise, currently used to carry out those func- law in an officer of such an entity may not include— tions; be delegated to an officer or employee out- (i) the goals to be achieved during the (2) contain information related to the side of that entity. year; roles, responsibilities, missions, organiza- SEC. 192. REPORTING REQUIREMENTS. (ii) strategies and resources required to tional structure, capabilities, personnel as- (a) ANNUAL EVALUATIONS.—The Comp- meet the goals; and sets, and annual budgets, specifically with troller General of the United States shall (iii) the means used to verify and validate respect to the capabilities of the entity to monitor and evaluate the implementation of measured values. accomplish its non-homeland security mis- this title and title XI. Not later than 15 (C) SCOPE.—The performance plan should sions without any diminishment; and months after the effective date of this divi- describe the planned results for the non- (3) contain information regarding whether sion, and every year thereafter for the suc- homeland security related activities of the any changes are required to the roles, re- ceeding 5 years, the Comptroller General Department and the homeland security re- sponsibilities, missions, organizational shall submit a report to Congress con- lated activities of the Department. structure, modernization programs, projects, taining— (3) PERFORMANCE REPORT.— activities, recruitment and retention pro- (1) an evaluation of the implementation (A) IN GENERAL.—In accordance with sec- grams, and annual fiscal resources to enable progress reports submitted to Congress and tion 1116 of title 31, United States Code, the the entity to accomplish its non-homeland the Comptroller General by the Secretary Secretary shall prepare and submit to the security missions without diminishment. under section 185; President and Congress an annual report on (c) TIMING.—Each Under Secretary shall (2) the findings and conclusions of the program performance for each fiscal year. provide the report referred to in subsection Comptroller General of the United States re- (B) CONTENTS.—The performance report (a) annually, for the 5 years following the sulting from the monitoring and evaluation shall include the actual results achieved dur- transfer of the entity to the Department. conducted under this subsection, including ing the year compared to the goals expressed SEC. 197. FUTURE YEARS HOMELAND SECURITY evaluations of how successfully the Depart- in the performance plan for that year. PROGRAM. ment is meeting— SEC. 193. ENVIRONMENTAL PROTECTION, SAFE- (a) IN GENERAL.—Each budget request sub- (A) the homeland security missions of the mitted to Congress for the Department under Department; and TY, AND HEALTH REQUIREMENTS. The Secretary shall— section 1105 of title 31, United States Code, (B) the other missions of the Department; and each budget request submitted to Con- and (1) ensure that the Department complies with all applicable environmental, safety, gress for the National Terrorism Prevention (3) any recommendations for legislation or and Response Program shall be accompanied and health statutes and requirements; and administrative action the Comptroller Gen- by a Future Years Homeland Security Pro- (2) develop procedures for meeting such re- eral considers appropriate. gram. quirements. (b) BIENNIAL REPORTS.—Every 2 years the (b) CONTENTS.—The Future Years Home- Secretary shall submit to Congress— SEC. 194. LABOR STANDARDS. land Security Program under subsection (a) (1) a report assessing the resources and re- (a) IN GENERAL.—All laborers and mechan- shall be structured, and include the same quirements of executive agencies relating to ics employed by contractors or subcontrac- type of information and level of detail, as border security and emergency preparedness tors in the performance of construction work the Future Years Defense Program sub- issues; and financed in whole or in part with assistance mitted to Congress by the Department of De- (2) a report certifying the preparedness of authorized under this Act shall be paid fense under section 221 of title 10, United the United States to prevent, protect wages at rates not less than those prevailing States Code. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9619

(c) EFFECTIVE DATE.—This section shall (4) the protection and maintenance of the ‘‘(b) SYSTEM REQUIREMENTS.—Any system take effect with respect to the preparation confidentiality of records furnished volun- established under subsection (a) shall— and submission of the fiscal year 2005 budget tarily; and ‘‘(1) be flexible; request for the Department and the fiscal (5) the withdrawal of the confidential des- ‘‘(2) be contemporary; year 2005 budget request for the National ignation of records under subsection (d). ‘‘(3) not waive, modify, or otherwise af- Terrorism Prevention and Response Pro- (f) EFFECT ON STATE AND LOCAL LAW.— fect— gram, and for any subsequent fiscal year. Nothing in this section shall be construed as ‘‘(A) the public employment principles of SEC. 198. PROTECTION OF VOLUNTARILY FUR- preempting or otherwise modifying State or merit and fitness set forth in section 2301, in- NISHED CONFIDENTIAL INFORMA- local law concerning the disclosure of any in- cluding the principles of hiring based on TION. formation that a State or local government merit, fair treatment without regard to po- (a) DEFINITIONS.—In this section: receives independently of the Department. litical affiliation or other nonmerit consider- (1) CRITICAL INFRASTRUCTURE.—The term (g) REPORT.— ations, equal pay for equal work, and protec- ‘‘critical infrastructure’’ has the meaning (1) REQUIREMENT.—Not later than 18 tion of employees against reprisal for whis- given that term in section 1016(e) of the USA months after the date of the enactment of tleblowing; PATRIOT ACT of 2001 (42 U.S.C. 5195(e)). this Act, the Comptroller General of the ‘‘(B) any provision of section 2302, relating (2) FURNISHED VOLUNTARILY.— United States shall submit to the commit- to prohibited personnel practices; (A) DEFINITION.—The term ‘‘furnished vol- tees of Congress specified in paragraph (2) a ‘‘(C)(i) any provision of law referred to in untarily’’ means a submission of a record report on the implementation and use of this section 2302(b)(1); or that— section, including— ‘‘(ii) any provision of law implementing (i) is made to the Department in the ab- (A) the number of persons in the private any provision of law referred to in section sence of authority of the Department requir- sector, and the number of State and local 2302(b)(1) by— ing that record to be submitted; and agencies, that furnished voluntarily records ‘‘(I) providing for equal employment oppor- (ii) is not submitted or used to satisfy any to the Department under this section; tunity through affirmative action; or legal requirement or obligation or to obtain (B) the number of requests for access to ‘‘(II) providing any right or remedy avail- any grant, permit, benefit (such as agency records granted or denied under this section; forbearance, loans, or reduction or modifica- able to any employee or applicant for em- and ployment in the civil service; tions of agency penalties or rulings), or (C) such recommendations as the Comp- other approval from the Government. ‘‘(D) any other provision of this part (as troller General considers appropriate regard- described in subsection (c)); or (B) BENEFIT.—In this paragraph, the term ing improvements in the collection and anal- ‘‘benefit’’ does not include any warning, ‘‘(E) any rule or regulation prescribed ysis of sensitive information held by persons under any provision of law referred to in any alert, or other risk analysis by the Depart- in the private sector, or by State and local ment. of the preceding subparagraphs of this para- agencies, relating to vulnerabilities of and (b) IN GENERAL.—Notwithstanding any graph; other provision of law, a record pertaining to threats to critical infrastructure, including ‘‘(4) ensure that employees may organize, the vulnerability of and threats to critical the response to such vulnerabilities and bargain collectively, and participate through infrastructure (such as attacks, response, threats. labor organizations of their own choosing in and recovery efforts) that is furnished volun- (2) COMMITTEES OF CONGRESS.—The com- decisions which affect them, subject to any tarily to the Department shall not be made mittees of Congress specified in this para- exclusion from coverage or limitation on ne- available under section 552 of title 5, United graph are— gotiability established by law; and States Code, if— (A) the Committees on the Judiciary and ‘‘(5) permit the use of a category rating (1) the provider would not customarily Governmental Affairs of the Senate; and system for evaluating applicants for posi- make the record available to the public; and (B) the Committees on the Judiciary and tions in the competitive service. (2) the record is designated and certified by Government Reform and Oversight of the ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The the provider, in a manner specified by the House of Representatives. other provisions of this part as referred to in Department, as confidential and not custom- (3) FORM.—The report shall be submitted in subsection (b)(3)(D), are (to the extent not arily made available to the public. unclassified form, but may include a classi- otherwise specified in subparagraph (A), (B), (c) RECORDS SHARED WITH OTHER AGEN- fied annex. (C), or (D) of subsection (b)(3))— CIES.— SEC. 199. ESTABLISHMENT OF HUMAN RE- ‘‘(1) subparts A, B, E, G, and H of this part; (1) IN GENERAL.— SOURCES MANAGEMENT SYSTEM. and (A) RESPONSE TO REQUEST.—An agency in (a) AUTHORITY.— ‘‘(2) chapters 41, 45, 47, 55, 57, 59, 71, 72, 73, receipt of a record that was furnished volun- (1) SENSE OF CONGRESS.—It is the sense of 77, and 79, and this chapter. Congress that— tarily to the Department and subsequently ‘‘(d) LIMITATIONS RELATING TO PAY.—Noth- (A) it is extremely important that employ- shared with the agency shall, upon receipt of ing in this section shall constitute author- ees of the Department be allowed to partici- a request under section 552 of title 5, United ity— pate in a meaningful way in the creation of States Code, for the record— ‘‘(1) to modify the pay of any employee any human resources management system (i) not make the record available; and who serves in— affecting them; (ii) refer the request to the Department for ‘‘(A) an Executive Schedule position under (B) such employees have the most direct processing and response in accordance with subchapter II of chapter 53 of this title; or knowledge of the demands of their jobs and this section. ‘‘(B) a position for which the rate of basic (B) SEGREGABLE PORTION OF RECORD.—Any have a direct interest in ensuring that their pay is fixed in statute by reference to a sec- reasonably segregable portion of a record human resources management system is con- tion or level under subchapter II of chapter shall be provided to the person requesting ducive to achieving optimal operational effi- 53 of this title; the record after deletion of any portion ciencies; ‘‘(2) to fix pay for any employee or position which is exempt under this section. (C) the 21st century human resources man- at an annual rate greater than the maximum (2) DISCLOSURE OF INDEPENDENTLY FUR- agement system envisioned for the Depart- amount of cash compensation allowable NISHED RECORDS.—Notwithstanding para- ment should be one that benefits from the under section 5307 of this title in a year; or graph (1), nothing in this section shall pro- input of its employees; and ‘‘(3) to exempt any employee from the ap- hibit an agency from making available under (D) this collaborative effort will help se- plication of such section 5307. section 552 of title 5, United States Code, any cure our homeland. ‘‘(e) PROVISIONS TO ENSURE COLLABORATION record that the agency receives independ- (2) IN GENERAL.—Subpart I of part III of WITH EMPLOYEE REPRESENTATIVES.— ently of the Department, regardless of title 5, United States Code, is amended by ‘‘(1) IN GENERAL.—In order to ensure that whether or not the Department has a similar adding at the end the following: or identical record. the authority of this section is exercised in ‘‘CHAPTER 97—DEPARTMENT OF collaboration with, and in a manner that en- (d) WITHDRAWAL OF CONFIDENTIAL DESIGNA- HOMELAND SECURITY TION.—The provider of a record that is fur- sures the direct participation of employee nished voluntarily to the Department under ‘‘Sec. representatives in the planning development, ‘‘9701. Establishment of human resources subsection (b) may at any time withdraw, in and implementation of any human resources management system. a manner specified by the Department, the management system or adjustments under confidential designation. ‘‘§ 9701. Establishment of human resources this section, the Secretary and the Director (e) PROCEDURES.—The Secretary shall pre- management system of the Office of Personnel Management shall scribe procedures for— ‘‘(a) IN GENERAL.—Notwithstanding any provide for the following: (1) the acknowledgement of receipt of other provision of this part, the Secretary of ‘‘(A) NOTICE OF PROPOSAL.— The Secretary records furnished voluntarily; Homeland Security may, in regulations pre- and the Director shall, with respect to any (2) the designation, certification, and scribed jointly with the Director of the Of- proposed system or adjustment— marking of records furnished voluntarily as fice of Personnel Management, establish, and ‘‘(i) provide to each employee representa- confidential and not customarily made avail- from time to time adjust, a human resources tive representing any employees who might able to the public; management system for some or all of the be affected, a written description of the pro- (3) the care and storage of records fur- organizational units of the Department of posed system or adjustment (including the nished voluntarily; Homeland Security. reasons why it is considered necessary); S9620 CONGRESSIONAL RECORD — SENATE September 30, 2002

‘‘(ii) give each representative at least 60 ‘‘(ii) toward that end, should be required to (2) EXCLUSIONS ALLOWABLE.—Nothing in days (unless extraordinary circumstances re- consult with the Merit Systems Protection paragraph (1) shall affect the effectiveness of quire earlier action) to review and make rec- Board before issuing any such regulations. any order to the extent that such order ex- ommendations with respect to the proposal; ‘‘(2) REQUIREMENTS.—Any regulations cludes any portion of an agency or subdivi- and under this section which relate to any mat- sion of an agency as to which— ‘‘(iii) give any recommendations received ters within the purview of chapter 77— (A) recognition as an appropriate unit has from any such representatives under clause ‘‘(A) shall be issued only after consultation never been conferred for purposes of chapter (ii) full and fair consideration in deciding with the Merit Systems Protection Board; 71 of title 5, United States Code; or whether or how to proceed with the proposal. ‘‘(B) shall ensure the availability of proce- (B) any such recognition has been revoked ‘‘(B) PREIMPLEMENTATION REQUIREMENTS.— dures which shall— or otherwise terminated as a result of a de- If the Secretary and the Director decide to ‘‘(i) be consistent with requirements of due termination under subsection (b)(1). implement a proposal described in subpara- process; and (b) PROVISIONS RELATING TO BARGAINING graph (A), they shall before implementa- ‘‘(ii) provide, to the maximum extent prac- UNITS.— tion— ticable, for the expeditious handling of any (1) LIMITATION RELATING TO APPROPRIATE ‘‘(i) give each representative details of the matters involving the Department; and UNITS.—Each unit which is recognized as an decision to implement the proposal, together ‘‘(C) shall modify procedures under chapter appropriate unit for purposes of chapter 71 of with the information upon which the deci- 77 only insofar as such modifications are de- title 5, United States Code, as of the day be- sion is based; signed to further the fair, efficient, and expe- fore the effective date of this Act (and any ‘‘(ii) give each representative an oppor- ditious resolution of matters involving the subdivision of any such unit) shall, if such tunity to make recommendations with re- employees of the Department. unit (or subdivision) is transferred to the De- spect to the proposal; and ‘‘(g) SUNSET PROVISION.—Effective 5 years partment pursuant to this Act, continue to ‘‘(iii) give such recommendation full and after the conclusion of the transition period be so recognized for such purposes, unless— fair consideration, including the providing of defined under section 181 of the Homeland (A) the mission and responsibilities of such reasons to an employee representative if any Security Act of 2002, all authority to issue unit (or subdivision) materially change; and of its recommendations are rejected. regulations under this section (including reg- (B) a majority of the employees within ‘‘(C) CONTINUING COLLABORATION.—If a pro- ulations which would modify, supersede, or such unit (or subdivision) have as their pri- posal described in subparagraph (A) is imple- terminate any regulations previously issued mary duty intelligence, counterintelligence, mented, the Secretary and the Director under this section) shall cease to be avail- or investigative work directly related to ter- shall— able.’’. rorism investigation. ‘‘(i) develop a method for each employee (3) CLERICAL AMENDMENT.—The table of (2) LIMITATION RELATING TO POSITIONS OR representative to participate in any further chapters for part III of title 5, United States EMPLOYEES.—No position or employee within planning or development which might be- Code, is amended by adding at the end of the a unit (or subdivision of a unit) as to which come necessary; and following: continued recognition is given in accordance ‘‘(ii) give each employee representative ‘‘97. Department of Homeland Secu- with paragraph (1) shall be excluded from adequate access to information to make that rity ...... 9701’’. such unit (or subdivision), for purposes of participation productive. (b) EFFECT ON PERSONNEL.— chapter 71 of title 5, United States Code, un- ‘‘(2) PROCEDURES.—Any procedures nec- (1) NONSEPARATION OR NONREDUCTION IN less the primary job duty of such position or essary to carry out this subsection shall be GRADE OR COMPENSATION OF FULL-TIME PER- employee— established by the Secretary and the Direc- SONNEL AND PART-TIME PERSONNEL HOLDING (A) materially changes; and tor jointly. Such procedures shall include PERMANENT POSITIONS.—Except as otherwise (B) consists of intelligence, counterintel- measures to ensure— provided in this Act, the transfer pursuant to ligence, or investigative work directly re- ‘‘(A) in the case of employees within a unit this act of full-time personnel (except special lated to terrorism investigation. with respect to which a labor organization is Government employees) and part-time per- In the case of any positions within a unit (or accorded exclusive recognition, representa- sonnel holding permanent positions shall not subdivision) which are first established on or tion by individuals designated or from cause any such employee to be separated or after the effective date of this Act and any among individuals nominated by such orga- reduced in grade or compensation for one employee first appointed on or after such nization; year after the date of transfer to the Depart- date, the preceding sentence shall be applied ‘‘(B) in the case of any employees who are ment. disregarding subparagraph (A). not within such a unit, representation by (2) POSITIONS COMPENSATED IN ACCORDANCE (c) COORDINATION RULE.—No other provi- any appropriate organization which rep- WITH EXECUTIVE SCHEDULE.—Any person who, sion of this Act or of any amendment made resents a substantial percentage of those em- on the day preceding such person’s date of by this Act may be construed or applied in a ployees or, if none, in such other manner as transfer pursuant to this Act, held a position manner so as to limit, supersede, or other- may be appropriate, consistent with the pur- compensated in accordance with the Execu- wise affect the provisions of this section, ex- poses of the subsection; and tive Schedule prescribed in chapter 53 of cept to the extent that it does so by specific ‘‘(C) the selection of representatives in a title 5, United States Code, and who, without reference to this section. manner consistent with the relative number a break in service, is appointed in the De- SEC. 199B. AUTHORIZATION OF APPROPRIA- of employees represented by the organiza- partment to a position having duties com- TIONS. tions or other representatives involved. parable to the duties performed immediately There are authorized to be appropriated ‘‘(3) WRITTEN AGREEMENT.—Notwith- preceding such appointment shall continue such sums as may be necessary to— standing any other provision of this part, to be compensated in such new position at (1) enable the Secretary to administer and employees within a unit to which a labor or- not less than the rate provided for such posi- manage the Department; and ganization is accorded exclusive recognition tion, for the duration of the service of such (2) carry out the functions of the Depart- under chapter 71 shall not be subject to any person in such new position. ment other than those transferred to the De- system provided under this section unless (3) COORDINATION RULE.—Any exercise of partment under this Act. the exclusive representative and the Sec- authority under chapter 97 of title 5, United TITLE II—LAW ENFORCEMENT POWERS retary have entered into a written agree- States Code (as amended by subsection (a)), OF INSPECTOR GENERAL AGENTS ment, which specifically provides for the in- including under any system established SEC. 201. LAW ENFORCEMENT POWERS OF IN- clusion of such employees within such sys- under such chapter, shall be in conformance SPECTOR GENERAL AGENTS. tem. Such written agreement may be im- with the requirements of this subsection. (a) IN GENERAL.—Section 6 of the Inspector posed by the Federal Service Impasses Panel SEC. 199A. LABOR-MANAGEMENT RELATIONS. General Act of 1978 (5 U.S.C. App.) is amend- under section 7119, after negotiations con- (a) LIMITATION ON EXCLUSIONARY AUTHOR- ed by adding at the end the following: sistent with section 7117. ITY.— ‘‘(e)(1) In addition to the authority other- ‘‘(f) PROVISIONS RELATING TO APPELLATE (1) IN GENERAL.—No agency or subdivision wise provided by this Act, each Inspector PROCEDURES.— of an agency which is transferred to the De- General appointed under section 3, any As- (1) SENSE OF CONGRESS.—It is the sense of partment pursuant to this Act shall be ex- sistant Inspector General for Investigations Congress that— cluded from the coverage of chapter 71 of under such an Inspector General, and any ‘‘(A) employees of the Department are en- title 5, United States Code, as a result of any special agent supervised by such an Assist- titled to fair treatment in any appeals that order issued under section 7103(b)(1) of such ant Inspector General may be authorized by they bring in decisions relating to their em- title 5 after June 18, 2002, unless— the Attorney General to— ployment; and (A) the mission and responsibilities of the ‘‘(A) carry a firearm while engaged in offi- ‘‘(B) in prescribing regulations for any agency (or subdivision) materially change; cial duties as authorized under this Act or such appeals procedures, the Secretary and and other statute, or as expressly authorized by the Director of the Office of Personnel Man- (B) a majority of the employees within the Attorney General; agement— such agency (or subdivision) have as their ‘‘(B) make an arrest without a warrant ‘‘(i) should ensure that employees of the primary duty intelligence, counterintel- while engaged in official duties as authorized Department are afforded the protections of ligence, or investigative work directly re- under this Act or other statute, or as ex- due process; and lated to terrorism investigation. pressly authorized by the Attorney General, September 30, 2002 CONGRESSIONAL RECORD — SENATE S9621 for any offense against the United States by each Office of Inspector General shall be vided for such an operation in those defini- committed in the presence of such Inspector reviewed periodically by another Office of In- tions were— General, Assistant Inspector General, or spector General or by a committee of Inspec- (1) in the case of a contract to be awarded agent, or for any felony cognizable under the tors General. The results of each review shall and performed, or purchase to be made, in- laws of the United States if such Inspector be communicated in writing to the applica- side the United States, $250,000; or General, Assistant Inspector General, or ble Inspector General and to the Attorney (2) in the case of a contract to be awarded agent has reasonable grounds to believe that General. and performed, or purchase to be made, out- the person to be arrested has committed or ‘‘(8) No provision of this subsection shall side the United States, $500,000. is committing such felony; and limit the exercise of law enforcement powers (b) SIMPLIFIED ACQUISITION THRESHOLD ‘‘(C) seek and execute warrants for arrest, established under any other statutory au- DEFINITIONS.—In this section, the term ‘‘sim- search of a premises, or seizure of evidence thority, including United States Marshals plified acquisition threshold definitions’’ issued under the authority of the United Service special deputation.’’. means the following: States upon probable cause to believe that a (b) PROMULGATION OF INITIAL GUIDELINES.— (1) Section 4(11) of the Office of Federal violation has been committed. (1) DEFINITION.—In this subsection, the Procurement Policy Act (41 U.S.C. 403(11)). ‘‘(2) The Attorney General may authorize term ‘‘memoranda of understanding’’ means (2) Section 309(d) of the Federal Property exercise of the powers under this subsection the agreements between the Department of and Administrative Services Act of 1949 (41 only upon an initial determination that— Justice and the Inspector General offices de- U.S.C. 259(d)). ‘‘(A) the affected Office of Inspector Gen- scribed under section 6(e)(3) of the Inspector (3) Section 2302(7) of title 10, United States eral is significantly hampered in the per- General Act of 1978 (5 U.S.C. App) (as added Code. formance of responsibilities established by by subsection (a) of this section) that— (c) SMALL BUSINESS RESERVE.—For a pro- this Act as a result of the lack of such pow- (A) are in effect on the date of enactment curement carried out pursuant to subsection ers; of this Act; and (a), section 15(j) of the Small Business Act ‘‘(B) available assistance from other law (B) authorize such offices to exercise au- (15 U.S.C. 644(j)) shall be applied as if the enforcement agencies is insufficient to meet thority that is the same or similar to the au- maximum anticipated value identified there- the need for such powers; and thority under section 6(e)(1) of such Act. in is equal to the amounts referred to in sub- ‘‘(C) adequate internal safeguards and (2) IN GENERAL.—Not later than 180 days section (a). management procedures exist to ensure after the date of enactment of this Act, the SEC. 304. INCREASED MICRO-PURCHASE THRESH- proper exercise of such powers. Attorney General shall promulgate guide- OLD FOR CERTAIN PROCUREMENTS. ‘‘(3) The Inspector General offices of the lines under section 6(e)(4) of the Inspector In the administration of section 32 of the Department of Commerce, Department of General Act of 1978 (5 U.S.C. App) (as added Office of Federal Procurement Policy Act (41 Education, Department of Energy, Depart- by subsection (a) of this section) applicable U.S.C. 428) with respect to a procurement re- ment of Health and Human Services, Depart- to the Inspector General offices described ferred to in section 302, the amount specified ment of Homeland Security, Department of under section 6(e)(3) of that Act. in subsections (c), (d), and (f) of such section Housing and Urban Development, Depart- (3) MINIMUM REQUIREMENTS.—The guide- 32 shall be deemed to be $10,000. ment of the Interior, Department of Justice, lines promulgated under this subsection Department of Labor, Department of State, SEC. 305. APPLICATION OF CERTAIN COMMER- shall include, at a minimum, the operational CIAL ITEMS AUTHORITIES TO CER- Department of Transportation, Department and training requirements in the memoranda TAIN PROCUREMENTS. of the Treasury, Department of Veterans Af- of understanding. (a) AUTHORITY.— fairs, Agency for International Development, (4) NO LAPSE OF AUTHORITY.—The memo- (1) IN GENERAL.—The head of an executive Environmental Protection Agency, Federal randa of understanding in effect on the date agency may apply the provisions of law list- Deposit Insurance Corporation, Federal of enactment of this Act shall remain in ef- ed in paragraph (2) to a procurement referred Emergency Management Agency, General fect until the guidelines promulgated under to in section 302 without regard to whether Services Administration, National Aero- this subsection take effect. the property or services are commercial nautics and Space Administration, Nuclear (c) EFFECTIVE DATES.— items. Regulatory Commission, Office of Personnel (1) IN GENERAL.—Subsection (a) shall take (2) COMMERCIAL ITEM LAWS.—The provisions Management, Railroad Retirement Board, effect 180 days after the date of enactment of of law referred to in paragraph (1) are as fol- Small Business Administration, Social Secu- this Act. lows: rity Administration, and the Tennessee Val- (2) INITIAL GUIDELINES.—Subsection (b) (A) Sections 31 and 34 of the Office of Fed- ley Authority are exempt from the require- shall take effect on the date of enactment of eral Procurement Policy Act (41 U.S.C. 427, ment of paragraph (2) of an initial deter- this Act. 430). mination of eligibility by the Attorney Gen- TITLE III—FEDERAL EMERGENCY (B) Section 2304(g) of title 10, United States eral. Code. ‘‘(4) The Attorney General shall promul- PROCUREMENT FLEXIBILITY (C) Section 303(g) of the Federal Property gate, and revise as appropriate, guidelines Subtitle A—Temporary Flexibility for Certain and Administrative Services Act of 1949 (41 which shall govern the exercise of the law Procurements U.S.C. 253(g)). enforcement powers established under para- SEC. 301. DEFINITION. (b) INAPPLICABILITY OF LIMITATION ON USE graph (1). In this title, the term ‘‘executive agency’’ OF SIMPLIFIED ACQUISITION PROCEDURES.— ‘‘(5) Powers authorized for an Office of In- has the meaning given that term under sec- spector General under paragraph (1) shall be (1) IN GENERAL.—The $5,000,000 limitation tion 4(1) of the Office of Federal Procure- provided in section 31(a)(2) of the Office of rescinded or suspended upon a determination ment Policy Act (41 U.S.C. 403(1)). by the Attorney General that any of the re- Federal Procurement Policy Act (41 U.S.C. SEC. 302. PROCUREMENTS FOR DEFENSE quirements under paragraph (2) is no longer 427(a)(2)), section 2304(g)(1)(B) of title 10, AGAINST OR RECOVERY FROM TER- United States Code, and section 303(g)(1)(B) satisfied or that the exercise of authorized RORISM OR NUCLEAR, BIOLOGICAL, powers by that Office of Inspector General of the Federal Property and Administrative CHEMICAL, OR RADIOLOGICAL AT- Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) has not complied with the guidelines promul- TACK. shall not apply to purchases of property or gated by the Attorney General under para- The authorities provided in this subtitle services to which any of the provisions of graph (4). apply to any procurement of property or law referred to in subsection (a) are applied ‘‘(6) A determination by the Attorney Gen- services by or for an executive agency that, under the authority of this section. eral under paragraph (2) or (5) shall not be as determined by the head of the executive (2) OMB GUIDANCE.—The Director of the Of- reviewable in or by any court. agency, are to be used to facilitate defense fice of Management and Budget shall issue ‘‘(7) To ensure the proper exercise of the against or recovery from terrorism or nu- guidance and procedures for the use of sim- law enforcement powers authorized by this clear, biological, chemical, or radiological plified acquisition procedures for a purchase subsection, the Offices of Inspector General attack, but only if a solicitation of offers for of property or services in excess of $5,000,000 described under paragraph (3) shall, not later the procurement is issued during the 1-year under the authority of this section. than 180 days after the date of enactment of period beginning on the date of the enact- (c) CONTINUATION OF AUTHORITY FOR SIM- this subsection, collectively enter into a ment of this Act. memorandum of understanding to establish PLIFIED PURCHASE PROCEDURES.—Authority SEC. 303. INCREASED SIMPLIFIED ACQUISITION under a provision of law referred to in sub- an external review process for ensuring that THRESHOLD FOR PROCUREMENTS adequate internal safeguards and manage- IN SUPPORT OF HUMANITARIAN OR section (a)(2) that expires under section ment procedures continue to exist within PEACEKEEPING OPERATIONS OR 4202(e) of the Clinger-Cohen Act of 1996 (divi- each Office and within any Office that later CONTINGENCY OPERATIONS. sions D and E of Public Law 104–106; 10 U.S.C. receives an authorization under paragraph (a) TEMPORARY THRESHOLD AMOUNTS.—For 2304 note) shall, notwithstanding such sec- (2). The review process shall be established in a procurement referred to in section 302 that tion, continue to apply for use by the head of consultation with the Attorney General, who is carried out in support of a humanitarian an executive agency as provided in sub- shall be provided with a copy of the memo- or peacekeeping operation or a contingency sections (a) and (b). randum of understanding that establishes operation, the simplified acquisition thresh- SEC. 306. USE OF STREAMLINED PROCEDURES. the review process. Under the review process, old definitions shall be applied as if the (a) REQUIRED USE.—The head of an execu- the exercise of the law enforcement powers amount determined under the exception pro- tive agency shall, when appropriate, use S9622 CONGRESSIONAL RECORD — SENATE September 30, 2002 streamlined acquisition authorities and pro- Subtitle B—Other Matters not be an officer or employee of the Federal cedures authorized by law for a procurement SEC. 311. IDENTIFICATION OF NEW ENTRANTS Government or any State or local govern- referred to in section 302, including authori- INTO THE FEDERAL MARKETPLACE. ment. ties and procedures that are provided under The head of each executive agency shall (3) OTHER QUALIFICATIONS.—It is the sense the following provisions of law: conduct market research on an ongoing basis of Congress that individuals appointed to the (1) FEDERAL PROPERTY AND ADMINISTRATIVE to identify effectively the capabilities, in- Commission should be prominent United SERVICES ACT OF 1949.—In title III of the Fed- cluding the capabilities of small businesses States citizens, with national recognition eral Property and Administrative Services and new entrants into Federal contracting, and significant depth of experience in such Act of 1949: that are available in the marketplace for professions as governmental service, law en- (A) Paragraphs (1), (2), (6), and (7) of sub- meeting the requirements of the executive forcement, the armed services, legal prac- section (c) of section 303 (41 U.S.C. 253), relat- agency in furtherance of defense against or tice, public administration, intelligence ing to use of procedures other than competi- recovery from terrorism or nuclear, biologi- gathering, commerce, including aviation tive procedures under certain circumstances cal, chemical, or radiological attack. The matters, and foreign affairs. (subject to subsection (e) of such section). head of the executive agency shall, to the (4) INITIAL MEETING.—If 60 days after the (B) Section 303J (41 U.S.C. 253j), relating to maximum extent practicable, take advan- date of enactment of this Act, 6 or more orders under task and delivery order con- tage of commercially available market re- members of the Commission have been ap- tracts. search methods, including use of commercial pointed, those members who have been ap- (2) TITLE 10, UNITED STATES CODE.—In chap- databases, to carry out the research. pointed may meet and, if necessary, select a temporary chairperson, who may begin the ter 137 of title 10, United States Code: TITLE IV—NATIONAL COMMISSION ON operations of the Commission, including the (A) Paragraphs (1), (2), (6), and (7) of sub- TERRORIST ATTACKS UPON THE hiring of staff. section (c) of section 2304, relating to use of UNITED STATES (d) QUORUM; VACANCIES.—After its initial procedures other than competitive proce- SEC. 401. ESTABLISHMENT OF COMMISSION. dures under certain circumstances (subject meeting, the Commission shall meet upon There is established the National Commis- the call of the chairperson or a majority of to subsection (e) of such section). sion on Terrorist Attacks Upon the United its members. Six members of the Commis- (B) Section 2304c, relating to orders under States (in this title referred to as the ‘‘Com- sion shall constitute a quorum. Any vacancy task and delivery order contracts. mission’’). in the Commission shall not affect its pow- (3) OFFICE OF FEDERAL PROCUREMENT POLICY SEC. 402. PURPOSES. ers, but shall be filled in the same manner in ACT.—Paragraphs (1)(B), (1)(D), and (2) of sec- The purposes of the Commission are to— which the original appointment was made. tion 18(c) of the Office of Federal Procure- (1) examine and report upon the facts and SEC. 404. FUNCTIONS OF THE COMMISSION. ment Policy Act (41 U.S.C. 416(c)), relating to causes relating to the terrorist attacks of The functions of the Commission are to— inapplicability of a requirement for procure- September 11, 2001, occurring at the World (1) conduct an investigation that— ment notice. Trade Center in New York, New York and at (A) investigates relevant facts and cir- (b) WAIVER OF CERTAIN SMALL BUSINESS the Pentagon in Virginia; cumstances relating to the terrorist attacks THRESHOLD REQUIREMENTS.—Subclause (II) of (2) ascertain, evaluate, and report on the of September 11, 2001, including any relevant section 8(a)(1)(D)(i) of the Small Business evidence developed by all relevant govern- legislation, Executive order, regulation, Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) mental agencies regarding the facts and cir- plan, policy, practice, or procedure; and of section 31(b)(2)(A) of such Act (15 U.S.C. cumstances surrounding the attacks; (B) may include relevant facts and cir- 657a(b)(2)(A)) shall not apply in the use of (3) build upon the investigations of other cumstances relating to— streamlined acquisition authorities and pro- entities, and avoid unnecessary duplication, (i) intelligence agencies; cedures referred to in paragraphs (1)(A) and by reviewing the findings, conclusions, and (ii) law enforcement agencies; (2)(A) of subsection (a) for a procurement re- recommendations of— (iii) diplomacy; ferred to in section 302. (A) the Joint Inquiry of the Select Com- (iv) immigration, nonimmigrant visas, and mittee on Intelligence of the Senate and the border control; SEC. 307. REVIEW AND REPORT BY COMP- Permanent Select Committee on Intelligence (v) the flow of assets to terrorist organiza- TROLLER GENERAL. of the House of Representatives regarding tions; (a) REQUIREMENTS.—Not later than March the terrorist attacks of September 11, 2001; (vi) commercial aviation; and 31, 2004, the Comptroller General shall— (B) other executive branch, congressional, (vii) other areas of the public and private (1) complete a review of the extent to or independent commission investigations sectors determined relevant by the Commis- which procurements of property and services into the terrorist attacks of September 11, sion for its inquiry; have been made in accordance with this sub- 2001, other terrorist attacks, and terrorism (2) identify, review, and evaluate the les- title; and generally; sons learned from the terrorist attacks of (2) submit a report on the results of the re- (4) make a full and complete accounting of September 11, 2001, regarding the structure, view to the Committee on Governmental Af- the circumstances surrounding the attacks, coordination, management policies, and pro- fairs of the Senate and the Committee on and the extent of the United States’ pre- cedures of the Federal Government, and, if Government Reform of the House of Rep- paredness for, and response to, the attacks; appropriate, State and local governments resentatives. and and nongovernmental entities, relative to (5) investigate and report to the President detecting, preventing, and responding to (b) CONTENT OF REPORT.—The report under and Congress on its findings, conclusions, such terrorist attacks; and subsection (a)(2) shall include the following and recommendations for corrective meas- (3) submit to the President and Congress matters: ures that can be taken to prevent acts of ter- such reports as are required by this title con- (1) ASSESSMENT.—The Comptroller Gen- rorism. taining such findings, conclusions, and rec- eral’s assessment of— ommendations as the Commission shall de- (A) the extent to which property and serv- SEC. 403. COMPOSITION OF THE COMMISSION. (a) MEMBERS.—The Commission shall be termine, including proposing organization, ices procured in accordance with this title coordination, planning, management ar- have contributed to the capacity of the composed of 10 members, of whom— (1) 3 members shall be appointed by the rangements, procedures, rules, and regula- workforce of Federal Government employees tions. within each executive agency to carry out majority leader of the Senate; SEC. 405. POWERS OF THE COMMISSION. the mission of the executive agency; and (2) 3 members shall be appointed by the (a) IN GENERAL.— (B) the extent to which Federal Govern- Speaker of the House of Representatives; (3) 2 members shall be appointed by the mi- (1) HEARINGS AND EVIDENCE.—The Commis- ment employees have been trained on the use sion or, on the authority of the Commission, of technology. nority leader of the Senate; and (4) 2 members shall be appointed by the mi- any subcommittee or member thereof, may, (2) RECOMMENDATIONS.—Any recommenda- nority leader of the House of Representa- for the purpose of carrying out this title— tions of the Comptroller General resulting (A) hold such hearings and sit and act at from the assessment described in paragraph tives. (b) CHAIRPERSON; VICE CHAIRPERSON.— such times and places, take such testimony, (1). (1) IN GENERAL.—Subject to paragraph (2), receive such evidence, administer such (c) CONSULTATION.—In preparing for the re- the Chairperson and Vice Chairperson of the oaths; and view under subsection (a)(1), the Comptroller Commission shall be elected by the mem- (B) require, by subpoena or otherwise, the shall consult with the Committee on Govern- bers. attendance and testimony of such witnesses mental Affairs of the Senate and the Com- (2) POLITICAL PARTY AFFILIATION.—The and the production of such books, records, mittee on Government Reform of the House Chairperson and Vice Chairperson shall not correspondence, memoranda, papers, and of Representatives on the specific issues and be from the same political party. documents, as the Commission or such des- topics to be reviewed. The extent of coverage (c) QUALIFICATIONS; INITIAL MEETING.— ignated subcommittee or designated member needed in areas such as technology integra- (1) POLITICAL PARTY AFFILIATION.—Not may determine advisable. tion, employee training, and human capital more than 5 members of the Commission (2) SUBPOENAS.— management, as well as the data require- shall be from the same political party. (A) ISSUANCE.—Subpoenas issued under ments of the study, shall be included as part (2) NONGOVERNMENTAL APPOINTEES.—An in- paragraph (1)(B) may be issued under the sig- of the consultation. dividual appointed to the Commission may nature of the chairperson of the Commission, September 30, 2002 CONGRESSIONAL RECORD — SENATE S9623 the vice chairperson of the Commission, the may determine advisable and as may be au- the Commission, the Commission shall sub- chairperson of any subcommittee created by thorized by law. mit to the President and Congress an initial a majority of the Commission, or any mem- (f) GIFTS.—The Commission may accept, report containing such findings, conclusions, ber designated by a majority of the Commis- use, and dispose of gifts or donations of serv- and recommendations for corrective meas- sion, and may be served by any person des- ices or property. ures as have been agreed to by a majority of ignated by the chairperson, subcommittee (g) POSTAL SERVICES.—The Commission Commission members. chairperson, or member. may use the United States mails in the same (b) ADDITIONAL REPORTS.—Not later than 1 (B) ENFORCEMENT.— manner and under the same conditions as de- year after the submission of the initial re- (i) IN GENERAL.—In the case of contumacy partments and agencies of the United States. port of the Commission, the Commission or failure to obey a subpoena issued under SEC. 406. STAFF OF THE COMMISSION. shall submit to the President and Congress a paragraph (1)(B), the United States district (a) IN GENERAL.— second report containing such findings, con- court for the judicial district in which the (1) APPOINTMENT AND COMPENSATION.—The clusions, and recommendations for correc- subpoenaed person resides, is served, or may chairperson, in accordance with rules agreed tive measures as have been agreed to by a be found, or where the subpoena is return- upon by the Commission, may appoint and majority of Commission members. (c) TERMINATION.— able, may issue an order requiring such per- fix the compensation of a staff director and (1) IN GENERAL.—The Commission, and all son to appear at any designated place to tes- such other personnel as may be necessary to the authorities of this title, shall terminate tify or to produce documentary or other evi- enable the Commission to carry out its func- 60 days after the date on which the second dence. Any failure to obey the order of the tions, without regard to the provisions of report is submitted under subsection (b). court may be punished by the court as a con- title 5, United States Code, governing ap- (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- tempt of that court. pointments in the competitive service, and MINATION.—The Commission may use the 60- (ii) ADDITIONAL ENFORCEMENT.—In the case without regard to the provisions of chapter day period referred to in paragraph (1) for of any failure of any witness to comply with 51 and subchapter III of chapter 53 of such the purpose of concluding its activities, in- any subpoena or to testify when summoned title relating to classification and General cluding providing testimony to committees under authority of this section, the Commis- Schedule pay rates, except that no rate of of Congress concerning its reports and dis- sion may, by majority vote, certify a state- pay fixed under this subsection may exceed seminating the second report. ment of fact constituting such failure to the the equivalent of that payable for a position appropriate United States attorney, who at level V of the Executive Schedule under SEC. 410. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to may bring the matter before the grand jury section 5316 of title 5, United States Code. the Commission to carry out this title for its action, under the same statutory au- (2) PERSONNEL AS FEDERAL EMPLOYEES.— $3,000,000, to remain available until ex- thority and procedures as if the United (A) IN GENERAL.—The executive director pended. States attorney had received a certification and any personnel of the Commission who under sections 102 through 104 of the Revised are employees shall be employees under sec- TITLE V—EFFECTIVE DATE Statutes of the United States (2 U.S.C. 192 tion 2105 of title 5, United States Code, for SEC. 501. EFFECTIVE DATE. through 194). purposes of chapters 63, 81, 83, 84, 85, 87, 89, This division shall take effect 30 days after (b) CLOSED MEETINGS.— and 90 of that title. the date of enactment of this Act or, if en- (1) IN GENERAL.—Meetings of the Commis- (B) MEMBERS OF COMMISSION.—Subpara- acted within 30 days before January 1, 2003, sion may be closed to the public under sec- graph (A) shall not be construed to apply to on January 1, 2003. tion 10(d) of the Federal Advisory Committee members of the Commission. DIVISION B—IMMIGRATION REFORM, AC- Act (5 U.S.C. App.) or other applicable law. (b) DETAILEES.—Any Federal Government COUNTABILITY, AND SECURITY EN- employee may be detailed to the Commission (2) ADDITIONAL AUTHORITY.—In addition to HANCEMENT ACT OF 2002 the authority under paragraph (1), section without reimbursement from the Commis- TITLE X—SHORT TITLE AND DEFINITIONS. 10(a)(1) and (3) of the Federal Advisory Com- sion, and such detailee shall retain the rights, status, and privileges of his or her SEC. 1001. SHORT TITLE. mittee Act (5 U.S.C. App.) shall not apply to This division may be cited as the ‘‘Immi- any portion of a Commission meeting if the regular employment without interruption. (c) CONSULTANT SERVICES.—The Commis- gration Reform, Accountability, and Secu- President determines that such portion or sion is authorized to procure the services of rity Enhancement Act of 2002’’. portions of that meeting is likely to disclose experts and consultants in accordance with SEC. 1002. DEFINITIONS. matters that could endanger national secu- section 3109 of title 5, United States Code, In this division: rity. If the President makes such determina- but at rates not to exceed the daily rate paid (1) ENFORCEMENT BUREAU.—The term ‘‘En- tion, the requirements relating to a deter- a person occupying a position at level IV of forcement Bureau’’ means the Bureau of En- mination under section 10(d) of that Act the Executive Schedule under section 5315 of forcement and Border Affairs established in shall apply. title 5, United States Code. section 114 of the Immigration and Nation- (c) CONTRACTING.—The Commission may, SEC. 407. COMPENSATION AND TRAVEL EX- ality Act, as added by section 1105 of this to such extent and in such amounts as are PENSES. Act. provided in appropriation Acts, enter into (a) COMPENSATION.—Each member of the (2) FUNCTION.—The term ‘‘function’’ in- contracts to enable the Commission to dis- Commission may be compensated at not to cludes any duty, obligation, power, author- charge its duties under this title. exceed the daily equivalent of the annual ity, responsibility, right, privilege, activity, (d) INFORMATION FROM FEDERAL AGEN- rate of basic pay in effect for a position at or program. CIES.—The Commission is authorized to se- level IV of the Executive Schedule under sec- (3) IMMIGRATION ENFORCEMENT FUNCTIONS.— cure directly from any executive depart- tion 5315 of title 5, United States Code, for The term ‘‘immigration enforcement func- ment, bureau, agency, board, commission, of- each day during which that member is en- tions’’ has the meaning given the term in fice, independent establishment, or instru- gaged in the actual performance of the du- section 114(b)(2) of the Immigration and Na- mentality of the Government information, ties of the Commission. tionality Act, as added by section 1105 of this suggestions, estimates, and statistics for the (b) TRAVEL EXPENSES.—While away from Act. purposes of this title. Each department, bu- their homes or regular places of business in (4) IMMIGRATION LAWS OF THE UNITED reau, agency, board, commission, office, the performance of services for the Commis- STATES.—The term ‘‘immigration laws of the independent establishment, or instrumen- sion, members of the Commission shall be al- United States’’ has the meaning given the tality shall, to the extent authorized by law, lowed travel expenses, including per diem in term in section 111(e) of the Immigration and furnish such information, suggestions, esti- lieu of subsistence, in the same manner as Nationality Act, as added by section 1102 of mates, and statistics directly to the Com- persons employed intermittently in the Gov- this Act. mission, upon request made by the chair- ernment service are allowed expenses under (5) IMMIGRATION POLICY, ADMINISTRATION, person, the chairperson of any subcommittee section 5703(b) of title 5, United States Code. AND INSPECTION FUNCTIONS.—The term ‘‘im- created by a majority of the Commission, or SEC. 408. SECURITY CLEARANCES FOR COMMIS- migration policy, administration, and in- any member designated by a majority of the SION MEMBERS AND STAFF. spection functions’’ has the meaning given Commission. The appropriate executive departments the term in section 112(b)(3) of the Immigra- (e) ASSISTANCE FROM FEDERAL AGENCIES.— and agencies shall cooperate with the Com- tion and Nationality Act, as added by sec- (1) GENERAL SERVICES ADMINISTRATION.— mission in expeditiously providing to the tion 1103 of this Act. The Administrator of General Services shall Commission members and staff appropriate (6) IMMIGRATION SERVICE FUNCTIONS.—The provide to the Commission on a reimburs- security clearances in a manner consistent term ‘‘immigration service functions’’ has able basis administrative support and other with existing procedures and requirements, the meaning given the term in section services for the performance of the Commis- except that no person shall be provided with 113(b)(2) of the Immigration and Nationality sion’s functions. access to classified information under this Act, as added by section 1104 of this Act. (2) OTHER DEPARTMENTS AND AGENCIES.—In section who would not otherwise qualify for (7) OFFICE.—The term ‘‘office’’ includes addition to the assistance prescribed in para- such security clearance. any office, administration, agency, bureau, graph (1), departments and agencies of the SEC. 409. REPORTS OF THE COMMISSION; TERMI- institute, council, unit, organizational enti- United States are authorized to provide to NATION. ty, or component thereof. the Commission such services, funds, facili- (a) INITIAL REPORT.—Not later than 6 (8) SECRETARY.—The term ‘‘Secretary’’ ties, staff, and other support services as they months after the date of the first meeting of means the Secretary of Homeland Security. S9624 CONGRESSIONAL RECORD — SENATE September 30, 2002

(9) SERVICE BUREAU.—The term ‘‘Service ‘‘(34) The term ‘Directorate’ means the Di- ‘‘(i) the administration and enforcement of Bureau’’ means the Bureau of Immigration rectorate of Immigration Affairs established the functions conferred upon the Directorate Services established in section 113 of the Im- by section 111.’’; under section 1111(c) of this Act; and migration and Nationality Act, as added by (B) by adding at the end of section 101(a) ‘‘(ii) the administration of the Directorate, section 1104 of this Act. the following new paragraphs: including the direction, supervision, and co- (10) UNDER SECRETARY.—The term ‘‘Under ‘‘(51) The term ‘Secretary’ means the Sec- ordination of the Bureau of Immigration Secretary’’ means the Under Secretary of retary of Homeland Security. Services and the Bureau of Enforcement and Homeland Security for Immigration Affairs ‘‘(52) The term ‘Department’ means the De- Border Affairs. appointed under section 112 of the Immigra- partment of Homeland Security.’’; ‘‘(C) INSPECTIONS.—The Under Secretary tion and Nationality Act, as added by sec- (C) by striking ‘‘Attorney General’’ and shall be directly responsible for the adminis- tion 1103 of this Act. ‘‘Department of Justice’’ each place it ap- tration and enforcement of the functions of pears and inserting ‘‘Secretary’’ and ‘‘De- TITLE XI—DIRECTORATE OF the Directorate under the immigration laws partment’’, respectively; IMMIGRATION AFFAIRS of the United States with respect to the in- (D) in section 101(a)(17) (8 U.S.C. spection of aliens arriving at ports of entry Subtitle A—Organization 1101(a)(17)), by striking ‘‘The’’ and inserting of the United States. SEC. 1101. ABOLITION OF INS. ‘‘Except as otherwise provided in section ‘‘(3) ACTIVITIES.—As part of the duties de- (a) IN GENERAL.—The Immigration and 111(e), the; and scribed in paragraph (2), the Under Secretary Naturalization Service is abolished. (E) by striking ‘‘Immigration and Natu- shall do the following: (b) REPEAL.—Section 4 of the Act of Feb- ralization Service’’, ‘‘Service’’, and ‘‘Serv- ‘‘(A) RESOURCES AND PERSONNEL MANAGE- ruary 14, 1903, as amended (32 Stat. 826; relat- ice’s’’ each place they appear and inserting MENT.—The Under Secretary shall manage ing to the establishment of the Immigration ‘‘Directorate of Immigration Affairs’’, ‘‘Di- the resources, personnel, and other support and Naturalization Service), is repealed. rectorate’’, and ‘‘Directorate’s’’, respec- requirements of the Directorate. SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF tively. ‘‘(B) INFORMATION RESOURCES MANAGE- IMMIGRATION AFFAIRS. (2) Section 6 of the Act entitled ‘‘An Act to MENT.—Under the direction of the Secretary, (a) ESTABLISHMENT.—Title I of the Immi- authorize certain administrative expenses the Under Secretary shall manage the infor- gration and Nationality Act (8 U.S.C. 1101 et for the Department of Justice, and for other mation resources of the Directorate, includ- seq.) is amended— purposes’’, approved July 28, 1950 (64 Stat. ing the maintenance of records and data- (1) by inserting ‘‘CHAPTER 1—DEFINI- 380), is amended— bases and the coordination of records and TIONS AND GENERAL AUTHORITIES’’ after (A) by striking ‘‘Immigration and Natu- other information within the Directorate, ‘‘TITLE I—GENERAL’’; and ralization Service’’ and inserting ‘‘Direc- and shall ensure that the Directorate obtains (2) by adding at the end the following: torate of Immigration Affairs’’; and maintains adequate information tech- (B) by striking clause (a); and nology systems to carry out its functions. ‘‘CHAPTER 2—DIRECTORATE OF (C) by redesignating clauses (b), (c), (d), ‘‘(C) COORDINATION OF RESPONSE TO CIVIL IMMIGRATION AFFAIRS and (e) as clauses (a), (b), (c), and (d), respec- RIGHTS VIOLATIONS.—The Under Secretary ‘‘SEC. 111. ESTABLISHMENT OF DIRECTORATE OF tively. shall coordinate, with the Civil Rights Offi- IMMIGRATION AFFAIRS. (c) REFERENCES.—Any reference in any cer of the Department of Homeland Security ‘‘(a) ESTABLISHMENT.—There is established statute, reorganization plan, Executive or other officials, as appropriate, the resolu- within the Department of Homeland Secu- order, regulation, agreement, determination, tion of immigration issues that involve civil rity the Directorate of Immigration Affairs. or other official document or proceeding to rights violations. ‘‘(b) PRINCIPAL OFFICERS.—The principal the Immigration and Naturalization Service ‘‘(D) RISK ANALYSIS AND RISK MANAGE- officers of the Directorate are the following: shall be deemed to refer to the Directorate of MENT.—Assisting and supporting the Sec- ‘‘(1) The Under Secretary of Homeland Se- Immigration Affairs of the Department of retary, in coordination with other Direc- curity for Immigration Affairs appointed Homeland Security, and any reference in the torates and entities outside the Department, under section 112. immigration laws of the United States (as in conducting appropriate risk analysis and ‘‘(2) The Assistant Secretary of Homeland defined in section 111(e) of the Immigration risk management activities consistent with Security for Immigration Services appointed and Nationality Act, as added by this sec- the mission and functions of the Directorate. under section 113. tion) to the Attorney General shall be ‘‘(3) DEFINITION.—In this chapter, the term ‘‘(3) The Assistant Secretary of Homeland deemed to refer to the Secretary of Home- ‘‘immigration policy, administration, and in- Security for Enforcement and Border Affairs land Security, acting through the Under Sec- spection functions’’ means the duties, activi- appointed under section 114. retary of Homeland Security for Immigra- ties, and powers described in this subsection. ‘‘(c) FUNCTIONS.—Under the authority of tion Affairs. ‘‘(c) GENERAL COUNSEL.— the Secretary of Homeland Security, the Di- SEC. 1103. UNDER SECRETARY OF HOMELAND SE- ‘‘(1) IN GENERAL.—There shall be within the rectorate shall perform the following func- CURITY FOR IMMIGRATION AFFAIRS. Directorate a General Counsel, who shall be tions: (a) IN GENERAL.—Chapter 2 of title I of the appointed by the Secretary of Homeland Se- ‘‘(1) Immigration policy, administration, Immigration and Nationality Act, as added curity, in consultation with the Under Sec- and inspection functions, as defined in sec- by section 1102 of this Act, is amended by retary. tion 112(b). adding at the end the following: ‘‘(2) FUNCTION.—The General Counsel ‘‘(2) Immigration service and adjudication ‘‘SEC. 112. UNDER SECRETARY OF HOMELAND SE- shall— functions, as defined in section 113(b). CURITY FOR IMMIGRATION AFFAIRS. ‘‘(A) serve as the chief legal officer for the ‘‘(3) Immigration enforcement functions, ‘‘(a) UNDER SECRETARY OF IMMIGRATION AF- Directorate; and as defined in section 114(b). FAIRS.—The Directorate shall be headed by ‘‘(B) be responsible for providing special- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— an Under Secretary of Homeland Security ized legal advice, opinions, determinations, ‘‘(1) IN GENERAL.—There are authorized to for Immigration Affairs who shall be ap- regulations, and any other assistance to the be appropriated to the Department of Home- pointed in accordance with section 103(c) of Under Secretary with respect to legal mat- land Security such sums as may be necessary the Immigration and Nationality Act. ters affecting the Directorate, and any of its to carry out the functions of the Directorate. ‘‘(b) RESPONSIBILITIES OF THE UNDER SEC- components. ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- RETARY.— ‘‘(d) FINANCIAL OFFICERS FOR THE DIREC- propriated pursuant to paragraph (1) are au- ‘‘(1) IN GENERAL.—The Under Secretary TORATE OF IMMIGRATION AFFAIRS.— thorized to remain available until expended. shall be charged with any and all responsibil- ‘‘(1) CHIEF FINANCIAL OFFICER.— ‘‘(e) IMMIGRATION LAWS OF THE UNITED ities and authority in the administration of ‘‘(A) IN GENERAL.—There shall be within STATES DEFINED.—In this chapter, the term the Directorate and of this Act which are the Directorate a Chief Financial Officer. ‘immigration laws of the United States’ conferred upon the Secretary as may be dele- The position of Chief Financial Officer shall means the following: gated to the Under Secretary by the Sec- be a career reserved position in the Senior ‘‘(1) This Act. retary or which may be prescribed by the Executive Service and shall have the au- ‘‘(2) Such other statutes, Executive orders, Secretary. thorities and functions described in section regulations, or directives, treaties, or other ‘‘(2) DUTIES.—Subject to the authority of 902 of title 31, United States Code, in relation international agreements to which the the Secretary under paragraph (1), the Under to financial activities of the Directorate. For United States is a party, insofar as they re- Secretary shall have the following duties: purposes of section 902(a)(1) of such title, the late to the admission to, detention in, or re- ‘‘(A) IMMIGRATION POLICY.—The Under Sec- Under Secretary shall be deemed to be an moval from the United States of aliens, inso- retary shall develop and implement policy agency head. far as they relate to the naturalization of under the immigration laws of the United ‘‘(B) FUNCTIONS.—The Chief Financial Offi- aliens, or insofar as they otherwise relate to States. The Under Secretary shall propose, cer shall be responsible for directing, super- the status of aliens.’’. promulgate, and issue rules, regulations, and vising, and coordinating all budget formulas (b) CONFORMING AMENDMENTS.—(1) The Im- statements of policy with respect to any and execution for the Directorate. migration and Nationality Act (8 U.S.C. 1101 function within the jurisdiction of the Direc- ‘‘(2) DEPUTY CHIEF FINANCIAL OFFICER.—The et seq.) is amended— torate. Directorate shall be deemed to be an agency (A) by striking section 101(a)(34) (8 U.S.C. ‘‘(B) ADMINISTRATION.—The Under Sec- for purposes of section 903 of such title (re- 1101(a)(34)) and inserting the following: retary shall have responsibility for— lating to Deputy Chief Financial Officers). September 30, 2002 CONGRESSIONAL RECORD — SENATE S9625

‘‘(e) CHIEF OF POLICY.— (2) Section 103 of the Immigration and Na- ‘‘(F) Determinations concerning custody ‘‘(1) IN GENERAL.—There shall be within the tionality Act (8 U.S.C. 1103) is amended— and parole of asylum seekers who do not Directorate a Chief of Policy. Under the au- (A) in subsection (c), by striking ‘‘Commis- have prior nonpolitical criminal records and thority of the Under Secretary, the Chief of sioner’’ and inserting ‘‘Under Secretary’’; who have been found to have a credible fear Policy shall be responsible for— (B) in the section heading, by striking of persecution, including determinations ‘‘(A) establishing national immigration ‘‘COMMISSIONER’’ and inserting ‘‘UNDER SEC- under section 236B. policy and priorities; RETARY’’; ‘‘(G) All other adjudications under the im- ‘‘(B) performing policy research and anal- (C) in subsection (d), by striking ‘‘Commis- migration laws of the United States. ysis on issues arising under the immigration sioner’’ and inserting ‘‘Under Secretary’’; ‘‘(c) CHIEF BUDGET OFFICER OF THE SERVICE laws of the United States; and and BUREAU.—There shall be within the Service ‘‘(C) coordinating immigration policy be- (D) in subsection (e), by striking ‘‘Commis- Bureau a Chief Budget Officer. Under the au- tween the Directorate, the Service Bureau, sioner’’ and inserting ‘‘Under Secretary’’. thority of the Chief Financial Officer of the and the Enforcement Bureau. (3) Sections 104 and 105 of the Immigration Directorate, the Chief Budget Officer of the ‘‘(2) WITHIN THE SENIOR EXECUTIVE SERV- and Nationality Act (8 U.S.C. 1104, 1105) are Service Bureau shall be responsible for moni- ICE.—The position of Chief of Policy shall be amended by striking ‘‘Director’’ each place toring and supervising all financial activi- a Senior Executive Service position under it appears and inserting ‘‘Assistant Sec- ties of the Service Bureau. section 5382 of title 5, United States Code. retary of State for Consular Affairs’’. ‘‘(d) QUALITY ASSURANCE.—There shall be ‘‘(f) CHIEF OF CONGRESSIONAL, INTERGOV- (4) Section 104(c) of the Immigration and within the Service Bureau an Office of Qual- ERNMENTAL, AND PUBLIC AFFAIRS.— Nationality Act (8 U.S.C. 1104(c)) is amend- ity Assurance that shall develop procedures ‘‘(1) IN GENERAL.—There shall be within the ed— and conduct audits to— Directorate a Chief of Congressional, Inter- (A) in the first sentence, by striking ‘‘Pass- ‘‘(1) ensure that the Directorate’s policies governmental, and Public Affairs. Under the port Office, a Visa Office,’’ and inserting ‘‘a with respect to the immigration service authority of the Under Secretary, the Chief Passport Services office, a Visa Services of- functions of the Directorate are properly im- of Congressional, Intergovernmental, and fice, an Overseas Citizen Services office,’’; plemented; and Public Affairs shall be responsible for— and ‘‘(2) ensure that Service Bureau policies or ‘‘(A) providing to Congress information re- (B) in the second sentence, by striking practices result in sound records manage- lating to issues arising under the immigra- ‘‘the Passport Office and the Visa Office’’ ment and efficient and accurate service. tion laws of the United States, including in- and inserting ‘‘the Passport Services office ‘‘(e) OFFICE OF PROFESSIONAL RESPONSI- formation on specific cases; and the Visa Services office’’. BILITY.—There shall be within the Service ‘‘(B) serving as a liaison with other Federal (5) Section 5315 of title 5, United States Bureau an Office of Professional Responsi- agencies on immigration issues; and Code, is amended by striking the following: bility that shall have the responsibility for ‘‘(C) responding to inquiries from, and pro- ‘‘Commissioner of Immigration and Natu- ensuring the professionalism of the Service viding information to, the media on immi- ralization, Department of Justice.’’. Bureau and for receiving and investigating gration issues. (f) REFERENCES.—Any reference in any charges of misconduct or ill treatment made ‘‘(2) WITHIN THE SENIOR EXECUTIVE SERV- statute, reorganization plan, Executive by the public. ICE.—The position of Chief of Congressional, order, regulation, agreement, determination, ‘‘(f) TRAINING OF PERSONNEL.—The Assist- Intergovernmental, and Public Affairs shall or other official document or proceeding to ant Secretary for Immigration Services, in be a Senior Executive Service position under the Commissioner of Immigration and Natu- consultation with the Under Secretary, shall section 5382 of title 5, United States Code.’’. ralization shall be deemed to refer to the have responsibility for determining the (b) COMPENSATION OF THE UNDER SEC- Under Secretary of Homeland Security for training for all personnel of the Service Bu- RETARY.—Section 5314 of title 5, United Immigration Affairs. reau.’’. States Code, is amended by adding at the end SEC. 1104. BUREAU OF IMMIGRATION SERVICES. (b) COMPENSATION OF ASSISTANT SECRETARY the following: (a) IN GENERAL.—Chapter 2 of title I of the OF SERVICE BUREAU.—Section 5315 of title 5, ‘‘Under Secretary of Immigration Affairs, Immigration and Nationality Act, as added United States Code, is amended by adding at Department of Justice.’’. by section 1102 and amended by section 1103, the end the following: (c) COMPENSATION OF GENERAL COUNSEL is further amended by adding at the end the ‘‘Assistant Secretary of Homeland Secu- AND CHIEF FINANCIAL OFFICER.—Section 5316 following: rity for Immigration Services, Directorate of of title 5, United States Code, is amended by ‘‘SEC. 113. BUREAU OF IMMIGRATION SERVICES. Immigration Affairs, Department of Home- adding at the end the following: ‘‘(a) ESTABLISHMENT OF BUREAU.— land Security.’’. ‘‘General Counsel, Directorate of Immigra- ‘‘(1) IN GENERAL.—There is established (c) SERVICE BUREAU OFFICES.— tion Affairs, Department of Homeland Secu- within the Directorate a bureau to be known (1) IN GENERAL.—Under the direction of the rity. as the Bureau of Immigration Services (in Secretary, the Under Secretary, acting ‘‘Chief Financial Officer, Directorate of this chapter referred to as the ‘Service Bu- through the Assistant Secretary for Immi- Immigration Affairs, Department of Home- reau’). gration Services, shall establish Service Bu- land Security.’’. ‘‘(2) ASSISTANT SECRETARY.—The head of reau offices, including suboffices and sat- EPEALS.—The following provisions of (d) R the Service Bureau shall be the Assistant ellite offices, in appropriate municipalities law are repealed: Secretary of Homeland Security for Immi- and locations in the United States. In the se- (1) Section 7 of the Act of March 3, 1891, as gration Services (in this chapter referred to lection of sites for the Service Bureau of- amended (26 Stat. 1085; relating to the estab- as the ‘Assistant Secretary for Immigration fices, the Under Secretary shall consider the lishment of the office of the Commissioner of Services’), who— location’s proximity and accessibility to the Immigration and Naturalization). ‘‘(A) shall be appointed by the Secretary of community served, the workload for which (2) Section 201 of the Act of June 20, 1956 Homeland Security, in consultation with the that office shall be responsible, whether the (70 Stat. 307; relating to the compensation of Under Secretary; and location would significantly reduce the assistant commissioners and district direc- ‘‘(B) shall report directly to the Under Sec- backlog of cases in that given geographic tors). retary. area, whether the location will improve cus- (3) Section 1 of the Act of March 2, 1895 (28 ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT tomer service, and whether the location is in Stat. 780; relating to special immigrant in- SECRETARY.— a geographic area with an increase in the spectors). ‘‘(1) IN GENERAL.—Subject to the authority population to be served. The Under Sec- (e) CONFORMING AMENDMENTS.—(1)(A) Sec- of the Secretary and the Under Secretary, retary shall conduct periodic reviews to as- tion 101(a)(8) of the Immigration and Nation- the Assistant Secretary for Immigration ality Act (8 U.S.C. 1101(a)(8)) is amended to sess whether the location and size of the re- Services shall administer the immigration read as follows: spective Service Bureau offices adequately service functions of the Directorate. ‘‘(8) The term ‘Under Secretary’ means the serve customer service needs. ‘‘(2) IMMIGRATION SERVICE FUNCTIONS DE- Under Secretary of Homeland Security for (2) TRANSITION PROVISION.—In determining FINED.—In this chapter, the term ‘immigra- Immigration Affairs who is appointed under the location of Service Bureau offices, in- tion service functions’ means the following section 103(c).’’. cluding suboffices and satellite offices, the (B) Except as provided in subparagraph (C), functions under the immigration laws of the Under Secretary shall first consider main- the Immigration and Nationality Act (8 United States: taining and upgrading offices in existing geo- U.S.C. 1101 et seq.) is amended by striking ‘‘(A) Adjudications of petitions for classi- graphic locations that satisfy the provisions ‘‘Commissioner of Immigration and Natu- fication of nonimmigrant and immigrant of paragraph (1). The Under Secretary shall ralization’’ and ‘‘Commissioner’’ each place status. also explore the feasibility and desirability they appear and inserting ‘‘Under Secretary ‘‘(B) Adjudications of applications for ad- of establishing new Service Bureau offices, of Homeland Security for Immigration Af- justment of status and change of status. including suboffices and satellite offices, in fairs’’ and ‘‘Under Secretary’’, respectively. ‘‘(C) Adjudications of naturalization appli- new geographic locations where there is a (C) The amendments made by subpara- cations. demonstrated need. graph (B) do not apply to references to the ‘‘(D) Adjudications of asylum and refugee SEC. 1105. BUREAU OF ENFORCEMENT AND BOR- ‘‘Commissioner of Social Security’’ in sec- applications. DER AFFAIRS. tion 290(c) of the Immigration and Nation- ‘‘(E) Adjudications performed at Service (a) IN GENERAL.—Chapter 2 of title I of the ality Act (8 U.S.C. 1360(c)). centers. Immigration and Nationality Act, as added S9626 CONGRESSIONAL RECORD — SENATE September 30, 2002 by section 1102 and amended by sections 1103 offices and satellite offices, in appropriate substantive analysis, in addition to statis- and 1104, is further amended by adding at the municipalities and locations in the United tical information, and shall contain— end the following: States. In the selection of sites for the En- ‘‘(1) a description of the initiatives that ‘‘SEC. 114. BUREAU OF ENFORCEMENT AND BOR- forcement Bureau offices, the Under Sec- the Office of the Ombudsman has taken on DER AFFAIRS. retary shall make selections according to improving the responsiveness of the Direc- ‘‘(a) ESTABLISHMENT OF BUREAU.— trends in unlawful entry and unlawful pres- torate; ‘‘(1) IN GENERAL.—There is established ence, alien smuggling, national security con- ‘‘(2) a summary of serious or systemic within the Directorate a bureau to be known cerns, the number of Federal prosecutions of problems encountered by the public, includ- as the Bureau of Enforcement and Border Af- immigration-related offenses in a given geo- ing a description of the nature of such prob- fairs (in this chapter referred to as the ‘En- graphic area, and other enforcement consid- lems; forcement Bureau’). erations. The Under Secretary shall conduct ‘‘(3) an accounting of the items described ‘‘(2) ASSISTANT SECRETARY.—The head of periodic reviews to assess whether the loca- in paragraphs (1) and (2) for which action has the Enforcement Bureau shall be the Assist- tion and size of the respective Enforcement been taken, and the result of such action; ant Secretary of Homeland Security for En- Bureau offices adequately serve enforcement ‘‘(4) an accounting of the items described forcement and Border Affairs (in this chapter needs. in paragraphs (1) and (2) for which action re- referred to as the ‘Assistant Secretary for (2) TRANSITION PROVISION.—In determining mains to be completed; Immigration Enforcement’), who— the location of Enforcement Bureau offices, ‘‘(5) an accounting of the items described ‘‘(A) shall be appointed by the Secretary of including suboffices and satellite offices, the in paragraphs (1) and (2) for which no action Homeland Security, in consultation with the Under Secretary shall first consider main- has been taken, the reasons for the inaction, Under Secretary; and taining and upgrading offices in existing geo- and identify any Agency official who is re- ‘‘(B) shall report directly to the Under Sec- graphic locations that satisfy the provisions sponsible for such inaction; retary. of paragraph (1). The Under Secretary shall ‘‘(6) recommendations as may be appro- ‘‘(b) RESPONSIBILITIES OF THE ASSISTANT also explore the feasibility and desirability priate to resolve problems encountered by SECRETARY.— of establishing new Enforcement Bureau of- the public; ‘‘(1) IN GENERAL.—Subject to the authority fices, including suboffices and satellite of- ‘‘(7) recommendations as may be appro- of the Secretary and the Under Secretary, fices, in new geographic locations where priate to resolve problems encountered by the Assistant Secretary for Immigration En- there is a demonstrated need. the public, including problems created by forcement shall administer the immigration SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN backlogs in the adjudication and processing enforcement functions of the Directorate. THE DIRECTORATE. of petitions and applications; ‘‘(2) IMMIGRATION ENFORCEMENT FUNCTIONS (a) IN GENERAL.—Chapter 2 of title I of the ‘‘(8) recommendations to resolve problems DEFINED.—In this chapter, the term ‘immi- Immigration and Nationality Act, as added caused by inadequate funding or staffing; gration enforcement functions’ means the by section 1102 and amended by sections 1103, and following functions under the immigration 1104, and 1105, is further amended by adding ‘‘(9) such other information as the Ombuds- laws of the United States: at the end the following: man may deem advisable. ‘‘(A) The border patrol function. ‘‘SEC. 115. OFFICE OF THE OMBUDSMAN FOR IM- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) The detention function, except as MIGRATION AFFAIRS. ‘‘(1) IN GENERAL.—There are authorized to specified in section 113(b)(2)(F). ‘‘(a) IN GENERAL.—There is established be appropriated to the Office of the Ombuds- ‘‘(C) The removal function. within the Directorate the Office of the Om- man such sums as may be necessary to carry ‘‘(D) The intelligence function. budsman for Immigration Affairs, which out its functions. ‘‘(E) The investigations function. shall be headed by the Ombudsman. ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap- ‘‘(c) CHIEF BUDGET OFFICER OF THE EN- ‘‘(b) OMBUDSMAN.— propriated pursuant to paragraph (1) are au- FORCEMENT BUREAU.—There shall be within ‘‘(1) APPOINTMENT.—The Ombudsman shall thorized to remain available until ex- the Enforcement Bureau a Chief Budget Offi- be appointed by the Secretary of Homeland pended.’’. cer. Under the authority of the Chief Finan- Security, in consultation with the Under SEC. 1107. OFFICE OF IMMIGRATION STATISTICS cial Officer of the Directorate, the Chief Secretary. The Ombudsman shall report di- WITHIN THE DIRECTORATE. Budget Officer of the Enforcement Bureau rectly to the Under Secretary. (a) IN GENERAL.—Chapter 2 of title I of the shall be responsible for monitoring and su- ‘‘(2) COMPENSATION.—The Ombudsman shall Immigration and Nationality Act, as added pervising all financial activities of the En- be entitled to compensation at the same rate by section 1102 and amended by sections 1103, forcement Bureau. as the highest rate of basic pay established 1104, and 1105, is further amended by adding ‘‘(d) OFFICE OF PROFESSIONAL RESPONSI- for the Senior Executive Service under sec- at the end the following: BILITY.—There shall be within the Enforce- ment Bureau an Office of Professional Re- tion 5382 of title 5, United States Code, or, if ‘‘SEC. 116. OFFICE OF IMMIGRATION STATISTICS. sponsibility that shall have the responsi- the Secretary of Homeland Security so de- ‘‘(a) ESTABLISHMENT.—There is established bility for ensuring the professionalism of the termines, at a rate fixed under section 9503 of within the Directorate an Office of Immigra- Enforcement Bureau and receiving charges such title. tion Statistics (in this section referred to as of misconduct or ill treatment made by the ‘‘(c) FUNCTIONS OF OFFICE.—The functions the ‘Office’), which shall be headed by a Di- public and investigating the charges. of the Office of the Ombudsman for Immigra- rector who shall be appointed by the Sec- ‘‘(e) OFFICE OF QUALITY ASSURANCE.—There tion Affairs shall include— retary of Homeland Security, in consultation shall be within the Enforcement Bureau an ‘‘(1) to assist individuals in resolving prob- with the Under Secretary. The Office shall Office of Quality Assurance that shall de- lems with the Directorate or any component collect, maintain, compile, analyze, publish, velop procedures and conduct audits to— thereof; and disseminate information and statistics ‘‘(1) ensure that the Directorate’s policies ‘‘(2) to identify systemic problems encoun- about immigration in the United States, in- with respect to immigration enforcement tered by the public in dealings with the Di- cluding information and statistics involving functions are properly implemented; and rectorate or any component thereof; the functions of the Directorate and the Ex- ‘‘(2) ensure that Enforcement Bureau poli- ‘‘(3) to propose changes in the administra- ecutive Office for Immigration Review (or its cies or practices result in sound record man- tive practices or regulations of the Direc- successor entity). agement and efficient and accurate record- torate, or any component thereof, to miti- ‘‘(b) RESPONSIBILITIES OF DIRECTOR.—The keeping. gate problems identified under paragraph (2); Director of the Office shall be responsible for ‘‘(f) TRAINING OF PERSONNEL.—The Assist- ‘‘(4) to identify potential changes in statu- the following: ant Secretary for Immigration Enforcement, tory law that may be required to mitigate ‘‘(1) STATISTICAL INFORMATION.—Mainte- in consultation with the Under Secretary, such problems; and nance of all immigration statistical informa- shall have responsibility for determining the ‘‘(5) to monitor the coverage and geo- tion of the Directorate of Immigration Af- training for all personnel of the Enforcement graphic distribution of local offices of the fairs. Bureau.’’. Directorate. ‘‘(2) STANDARDS OF RELIABILITY AND VALID- (b) COMPENSATION OF ASSISTANT SECRETARY ‘‘(d) PERSONNEL ACTIONS.—The Ombuds- ITY.—Establishment of standards of reli- OF ENFORCEMENT BUREAU.—Section 5315 of man shall have the responsibility and au- ability and validity for immigration statis- title 5, United States Code, is amended by thority to appoint local or regional rep- tics collected by the Bureau of Immigration adding at the end the following: resentatives of the Ombudsman’s Office as in Services, the Bureau of Enforcement, and ‘‘Assistant Security of Homeland Security the Ombudsman’s judgment may be nec- the Executive Office for Immigration Review for Enforcement and Border Affairs, Direc- essary to address and rectify problems. (or its successor entity). torate of Immigration Affairs, Department ‘‘(e) ANNUAL REPORT.—Not later than De- ‘‘(c) RELATION TO THE DIRECTORATE OF IM- of Homeland Security.’’. cember 31 of each year, the Ombudsman shall MIGRATION AFFAIRS AND THE EXECUTIVE OF- (c) ENFORCEMENT BUREAU OFFICES.— submit a report to the Committee on the Ju- FICE FOR IMMIGRATION REVIEW.— (1) IN GENERAL.—Under the direction of the diciary of the House of Representatives and ‘‘(1) OTHER AUTHORITIES.—The Directorate Secretary, the Under Secretary, acting the Committee on the Judiciary of the Sen- and the Executive Office for Immigration through the Assistant Secretary for Immi- ate on the activities of the Ombudsman dur- Review (or its successor entity) shall provide gration Enforcement, shall establish En- ing the fiscal year ending in that calendar statistical information to the Office from forcement Bureau offices, including sub- year. Each report shall contain a full and the operational data systems controlled by September 30, 2002 CONGRESSIONAL RECORD — SENATE S9627

the Directorate and the Executive Office for (b) EXERCISE OF AUTHORITIES.—Except as office of the Under Secretary, the Service Immigration Review (or its successor enti- otherwise provided by law, the Under Sec- Bureau, and the Enforcement Bureau, re- ty), respectively, as requested by the Office, retary may, for purposes of performing any spectively, as the Under Secretary may des- for the purpose of meeting the responsibil- function transferred to the Directorate of ignate, and may authorize successive redele- ities of the Director of the Office. Immigration Affairs under subsection (a), ex- gations of such functions as may be nec- ‘‘(2) DATABASES.—The Director of the Of- ercise all authorities under any other provi- essary or appropriate. No delegation of func- fice, under the direction of the Secretary, sion of law that were available with respect tions under this subsection or under any shall ensure the interoperability of the data- to the performance of that function to the other provision of this title shall relieve the bases of the Directorate, the Bureau of Im- official responsible for the performance of official to whom a function is transferred migration Services, the Bureau of Enforce- the function immediately before the effec- under this title of responsibility for the ad- ment, and the Executive Office for Immigra- tive date of the transfer of the function ministration of the function. tion Review (or its successor entity) to per- under this title. (d) STATUTORY CONSTRUCTION.—Nothing in mit the Director of the Office to perform the SEC. 1112. TRANSFER OF PERSONNEL AND this division may be construed to limit the duties of such office.’’. OTHER RESOURCES. authority of the Under Secretary, acting di- (b) TRANSFER OF FUNCTIONS.—There are Subject to section 1531 of title 31, United rectly or by delegation under the Secretary, transferred to the Directorate of Immigra- States Code, upon the effective date of this to establish such offices or positions within tion Affairs for exercise by the Under Sec- title, there are transferred to the Under Sec- the Directorate of Immigration Affairs, in retary through the Office of Immigration retary for appropriate allocation in accord- addition to those specified by this division, Statistics established by section 116 of the ance with section 1115— as the Under Secretary may determine to be Immigration and Nationality Act, as added (1) the personnel of the Department of Jus- necessary to carry out the functions of the by subsection (a), the functions performed by tice employed in connection with the func- Directorate. the Statistics Branch of the Office of Policy tions transferred under this title; and SEC. 1115. ALLOCATION OF PERSONNEL AND and Planning of the Immigration and Natu- (2) the assets, liabilities, contracts, prop- OTHER RESOURCES. (a) AUTHORITY OF THE UNDER SECRETARY.— ralization Service, and the statistical func- erty, records, and unexpended balance of ap- (1) IN GENERAL.—Subject to paragraph (2) tions performed by the Executive Office for propriations, authorizations, allocations, and section 1114(b), the Under Secretary Immigration Review (or its successor enti- and other funds employed, held, used, arising shall make allocations of personnel, assets, ty), on the day before the effective date of from, available to, or to be made available to liabilities, grants, contracts, property, this title. the Immigration and Naturalization Service records, and unexpended balances of appro- SEC. 1108. CLERICAL AMENDMENTS. in connection with the functions transferred priations, authorizations, allocations, and The table of contents of the Immigration pursuant to this title. and Nationality Act is amended— other funds held, used, arising from, avail- SEC. 1113. DETERMINATIONS WITH RESPECT TO able to, or to be made available in connec- (1) by inserting after the item relating to FUNCTIONS AND RESOURCES. the heading for title I the following: tion with the performance of the respective Under the direction of the Secretary, the functions, as determined under section 1113, ‘‘CHAPTER 1—DEFINITIONS AND GENERAL Under Secretary shall determine, in accord- in accordance with the delegation of func- AUTHORITIES’’; ance with the corresponding criteria set tions and the reservation of functions made (2) by striking the item relating to section forth in sections 1112(b), 1113(b), and 1114(b) under section 1114. of the Immigration and Nationality Act (as 103 and inserting the following: (2) LIMITATION.—Unexpended funds trans- added by this title)— ‘‘Sec. 103. Powers and duties of the Sec- ferred pursuant to section 1112 shall be used (1) which of the functions transferred retary of Homeland Security only for the purposes for which the funds under section 1111 are— and the Under Secretary of were originally authorized and appropriated. (A) immigration policy, administration, Homeland Security for Immi- (b) AUTHORITY TO TERMINATE AFFAIRS OF and inspection functions; gration Affairs.’’; INS.—The Attorney General in consultation (B) immigration service functions; and with the Secretary, shall provide for the ter- and (C) immigration enforcement functions; (3) by inserting after the item relating to mination of the affairs of the Immigration and and Naturalization Service and such further section 106 the following: (2) which of the personnel, assets, liabil- measures and dispositions as may be nec- ‘‘CHAPTER 2—DIRECTORATE OF IMMIGRATION ities, grants, contracts, property, records, essary to effectuate the purposes of this divi- AFFAIRS and unexpended balances of appropriations, sion. ‘‘Sec. 111. Establishment of Directorate of authorizations, allocations, and other funds (c) TREATMENT OF SHARED RESOURCES.— Immigration Affairs. transferred under section 1112 were held or The Under Secretary is authorized to provide ‘‘Sec. 112. Under Secretary of Homeland Se- used, arose from, were available to, or were for an appropriate allocation, or coordina- curity for Immigration Affairs. made available, in connection with the per- tion, or both, of resources involved in sup- ‘‘Sec. 113. Bureau of Immigration Services. formance of the respective functions speci- porting shared support functions for the of- ‘‘Sec. 114. Bureau of Enforcement and Bor- fied in paragraph (1) immediately prior to fice of the Under Secretary, the Service Bu- der Affairs. the effective date of this title. reau, and the Enforcement Bureau. The ‘‘Sec. 115. Office of the Ombudsman for Im- SEC. 1114. DELEGATION AND RESERVATION OF Under Secretary shall maintain oversight migration Affairs. FUNCTIONS. and control over the shared computer data- ‘‘Sec. 116. Office of Immigration Statis- (a) IN GENERAL.— bases and systems and records management. tics.’’. (1) DELEGATION TO THE BUREAUS.—Under SEC. 1116. SAVINGS PROVISIONS. Subtitle B—Transition Provisions the direction of the Secretary, and subject to (a) LEGAL DOCUMENTS.—All orders, deter- SEC. 1111. TRANSFER OF FUNCTIONS. section 112(b)(1) of the Immigration and Na- minations, rules, regulations, permits, (a) IN GENERAL.— tionality Act (as added by section 1103), the grants, loans, contracts, recognition of labor (1) FUNCTIONS OF THE ATTORNEY GENERAL.— Under Secretary shall delegate— organizations, agreements, including collec- All functions under the immigration laws of (A) immigration service functions to the tive bargaining agreements, certificates, li- the United States vested by statute in, or ex- Assistant Secretary for Immigration Serv- censes, and privileges— ercised by, the Attorney General, imme- ices; and (1) that have been issued, made, granted, or diately prior to the effective date of this (B) immigration enforcement functions to allowed to become effective by the Presi- title, are transferred to the Secretary on the Assistant Secretary for Immigration En- dent, the Attorney General, the Commis- such effective date for exercise by the Sec- forcement. sioner of the Immigration and Naturaliza- retary through the Under Secretary in ac- (2) RESERVATION OF FUNCTIONS.—Subject to tion Service, their delegates, or any other cordance with section 112(b) of the Immigra- section 112(b)(1) of the Immigration and Na- Government official, or by a court of com- tion and Nationality Act, as added by sec- tionality Act (as added by section 1103), im- petent jurisdiction, in the performance of tion 1103 of this Act. migration policy, administration, and in- any function that is transferred under this (2) FUNCTIONS OF THE COMMISSIONER OR THE spection functions shall be reserved for exer- title; and INS.—All functions under the immigration cise by the Under Secretary. (2) that are in effect on the effective date laws of the United States vested by statute (b) NONEXCLUSIVE DELEGATIONS AUTHOR- of such transfer (or become effective after in, or exercised by, the Commissioner of Im- IZED.—Delegations made under subsection (a) such date pursuant to their terms as in ef- migration and Naturalization or the Immi- may be on a nonexclusive basis as the Under fect on such effective date); gration and Naturalization Service (or any Secretary may determine may be necessary shall continue in effect according to their officer, employee, or component thereof), im- to ensure the faithful execution of the Under terms until modified, terminated, super- mediately prior to the effective date of this Secretary’s responsibilities and duties under seded, set aside, or revoked in accordance title, are transferred to the Directorate of law. with law by the President, any other author- Immigration Affairs on such effective date (c) EFFECT OF DELEGATIONS.—Except as ized official, a court of competent jurisdic- for exercise by the Under Secretary in ac- otherwise expressly prohibited by law or oth- tion, or operation of law, except that any cordance with section 112(b) of the Immigra- erwise provided in this title, the Under Sec- collective bargaining agreement shall re- tion and Nationality Act, as added by sec- retary may make delegations under this sub- main in effect until the date of termination tion 1103 of this Act. section to such officers and employees of the specified in the agreement. S9628 CONGRESSIONAL RECORD — SENATE September 30, 2002

(b) PROCEEDINGS.— SEC. 1119. OTHER AUTHORITIES NOT AFFECTED. shall submit a report to Congress concerning (1) PENDING.—Sections 111 through 116 of Nothing in this title, or any amendment the availability of funds to cover transition the Immigration and Nationality Act, as made by this title, may be construed to au- costs, including— added by subtitle A of this title, shall not af- thorize or require the transfer or delegation (1) any unobligated balances available for fect any proceeding or any application for of any function vested in, or exercised by— such purposes; and any benefit, service, license, permit, certifi- (1) the Secretary of State under the State (2) a calculation of the amount of appro- cate, or financial assistance pending on the Department Basic Authorities Act of 1956, or priations that would be necessary to fully effective date of this title before an office under the immigration laws of the United fund the activities described in subsection whose functions are transferred under this States, immediately prior to the effective (a). title, but such proceedings and applications date of this title, with respect to the (e) EFFECTIVE DATE.—This section shall shall be continued. issuance and use of passports and visas; take effect 1 year after the effective date of (2) ORDERS.—Orders shall be issued in such (2) the Secretary of Labor or any official of division A of this Act. proceedings, appeals shall be taken there- the Department of Labor immediately prior Subtitle C—Miscellaneous Provisions from, and payments shall be made pursuant to the effective date of this title, with re- SEC. 1121. FUNDING ADJUDICATION AND NATU- to such orders, as if this Act had not been en- spect to labor certifications or any other au- RALIZATION SERVICES. acted, and orders issued in any such pro- thority under the immigration laws of the (a) LEVEL OF FEES.—Section 286(m) of the ceeding shall continue in effect until modi- United States; or Immigration and Nationality Act (8 U.S.C. fied, terminated, superseded, or revoked by a (3) except as otherwise specifically pro- 1356(m)) is amended by striking ‘‘services, in- duly authorized official, by a court of com- vided in this division, any other official of cluding the costs of similar services provided petent jurisdiction, or by operation of law. the Federal Government under the immigra- without charge to asylum applicants or (3) DISCONTINUANCE OR MODIFICATION.— tion laws of the United States immediately other immigrants’’ and inserting ‘‘services’’. Nothing in this section shall be considered to prior to the effective date of this title. (b) USE OF FEES.— prohibit the discontinuance or modification SEC. 1120. TRANSITION FUNDING. (1) IN GENERAL.—Each fee collected for the of any such proceeding under the same terms (a) AUTHORIZATION OF APPROPRIATIONS FOR provision of an adjudication or naturaliza- and conditions and to the same extent that TRANSITION.— tion service shall be used only to fund adju- such proceeding could have been discon- (1) IN GENERAL.—There are authorized to be dication or naturalization services or, sub- tinued or modified if this section had not appropriated to the Department of Homeland ject to the availability of funds provided pur- been enacted. Security such sums as may be necessary— suant to subsection (c), costs of similar serv- (c) SUITS.—This title, and the amendments (A) to effect— ices provided without charge to asylum and made by this title, shall not affect suits com- (i) the abolition of the Immigration and refugee applicants. menced before the effective date of this title, Naturalization Service; (2) PROHIBITION.—No fee may be used to and in all such suits, proceeding shall be had, (ii) the establishment of the Directorate of fund adjudication- or naturalization-related appeals taken, and judgments rendered in Immigration Affairs and its components, the audits that are not regularly conducted in the same manner and with the same effect as Bureau of Immigration Services, and the Bu- the normal course of operation. if this title, and the amendments made by reau of Enforcement and Border Affairs; and (c) REFUGEE AND ASYLUM ADJUDICATION this title, had not been enacted. (iii) the transfer of functions required to be SERVICES.— (d) NONABATEMENT OF ACTIONS.—No suit, made under this division; and (1) AUTHORIZATION OF APPROPRIATIONS.—In action, or other proceeding commenced by or (B) to carry out any other duty that is addition to such sums as may be otherwise against the Department of Justice or the Im- made necessary by this division, or any available for such purposes, there are au- migration and Naturalization Service, or by amendment made by this division. thorized to be appropriated such sums as or against any individual in the official ca- (2) ACTIVITIES SUPPORTED.—Activities sup- may be necessary to carry out the provisions pacity of such individual as an officer or em- ported under paragraph (1) include— of sections 207 through 209 of the Immigra- ployee in connection with a function trans- (A) planning for the transfer of functions tion and Nationality Act. ferred pursuant to this section, shall abate from the Immigration and Naturalization (2) AVAILABILITY OF FUNDS.—Funds appro- by reason of the enactment of this Act. Service to the Directorate of Immigration priated pursuant to paragraph (1) are author- (e) CONTINUANCE OF SUIT WITH SUBSTI- Affairs, including the preparation of any re- ized to remain available until expended. TUTION OF PARTIES.—If any Government offi- ports and implementation plans necessary (d) SEPARATION OF FUNDING.— cer in the official capacity of such officer is for such transfer; (1) IN GENERAL.—There shall be established party to a suit with respect to a function of (B) the division, acquisition, and disposi- separate accounts in the Treasury of the the officer, and such function is transferred tion of— United States for appropriated funds and under this title to any other officer or office, (i) buildings and facilities; other collections available for the Bureau of then such suit shall be continued with the (ii) support and infrastructure resources; Immigration Services and the Bureau of En- other officer or the head of such other office, and forcement and Border Affairs. as applicable, substituted or added as a (iii) computer hardware, software, and re- (2) FEES.—Fees imposed for a particular party. lated documentation; service, application, or benefit shall be de- (f) ADMINISTRATIVE PROCEDURE AND JUDI- (C) other capital expenditures necessary to posited into the account established under CIAL REVIEW.—Except as otherwise provided effect the transfer of functions described in paragraph (1) that is for the bureau with ju- by this title, any statutory requirements re- this paragraph; risdiction over the function to which the fee lating to notice, hearings, action upon the (D) revision of forms, stationery, logos, relates. record, or administrative or judicial review and signage; (3) FEES NOT TRANSFERABLE.—No fee may that apply to any function transferred under (E) expenses incurred in connection with be transferred between the Bureau of Immi- this title shall apply to the exercise of such the transfer and training of existing per- gration Services and the Bureau of Enforce- function by the head of the office, and other sonnel and hiring of new personnel; and ment and Border Affairs for purposes not au- officers of the office, to which such function (F) such other expenses necessary to effect thorized by section 286 of the Immigration is transferred. the transfers, as determined by the Sec- and Nationality Act, as amended by sub- SEC. 1117. INTERIM SERVICE OF THE COMMIS- retary. section (a). SIONER OF IMMIGRATION AND NAT- (b) AVAILABILITY OF FUNDS.—Amounts ap- (e) AUTHORIZATION OF APPROPRIATIONS FOR URALIZATION. propriated pursuant to subsection (a) are au- BACKLOG REDUCTION.— The individual serving as the Commis- thorized to remain available until expended. (1) IN GENERAL.—There are authorized to be sioner of Immigration and Naturalization on (c) TRANSITION ACCOUNT.— appropriated such sums as may be necessary the day before the effective date of this title (1) ESTABLISHMENT.—There is established for each of the fiscal years 2003 through 2006 may serve as Under Secretary until the date in the general fund of the Treasury of the to carry out the Immigration Services and on which an Under Secretary is appointed United States a separate account, which Infrastructure Improvement Act of 2000 (title under section 112 of the Immigration and Na- shall be known as the ‘‘Directorate of Immi- II of Public Law 106–313). tionality Act, as added by section 1103. gration Affairs Transition Account’’ (in this (2) AVAILABILITY OF FUNDS.—Amounts ap- SEC. 1118. EXECUTIVE OFFICE FOR IMMIGRATION section referred to as the ‘‘Account’’). propriated under paragraph (1) are author- REVIEW AUTHORITIES NOT AF- (2) USE OF ACCOUNT.—There shall be depos- ized to remain available until expended. FECTED. ited into the Account all amounts appro- (3) INFRASTRUCTURE IMPROVEMENT AC- Nothing in this title, or any amendment priated under subsection (a) and amounts re- COUNT.—Amounts appropriated under para- made by this title, may be construed to au- programmed for the purposes described in graph (1) shall be deposited into the Immi- thorize or require the transfer or delegation subsection (a). gration Services and Infrastructure Improve- of any function vested in, or exercised by the (d) REPORT TO CONGRESS ON TRANSITION.— ments Account established by section Executive Office for Immigration Review of Beginning not later than 90 days after the ef- 204(a)(2) of title II of Public Law 106–313. the Department of Justice (or its successor fective date of division A of this Act, and at SEC. 1122. APPLICATION OF INTERNET-BASED entity), or any officer, employee, or compo- the end of each fiscal year in which appro- TECHNOLOGIES. nent thereof immediately prior to the effec- priations are made pursuant to subsection (a) ESTABLISHMENT OF ON-LINE DATA- tive date of this title. (c), the Secretary of Homeland Security BASE.— September 30, 2002 CONGRESSIONAL RECORD — SENATE S9629

(1) IN GENERAL.—Not later than 2 years asylum officers participate in the inspec- (ii) no parent or legal guardian in the after the effective date of division A, the tions process. United States is available to provide care Secretary, in consultation with the Under (b) AMENDMENT OF THE IMMIGRATION AND and physical custody. Secretary and the Technology Advisory NATIONALITY ACT.—Chapter 4 of title II of (5) VOLUNTARY AGENCY.—The term ‘‘vol- Committee, shall establish an Internet-based the Immigration and Nationality Act (8 untary agency’’ means a private, nonprofit system that will permit an immigrant, non- U.S.C. 1221 et seq.) is amended by inserting voluntary agency with expertise in meeting immigrant, employer, or other person who after section 236A the following new section: the cultural, developmental, or psycho- files any application, petition, or other re- ‘‘SEC. 236B. ALTERNATIVES TO DETENTION OF logical needs of unaccompanied alien chil- quest for any benefit under the immigration ASYLUM SEEKERS. dren as licensed by the appropriate State and laws of the United States access to on-line ‘‘(a) DEVELOPMENT OF ALTERNATIVES TO DE- certified by the Director of the Office of Ref- information about the processing status of TENTION.—The Under Secretary shall— ugee Resettlement. the application, petition, or other request. ‘‘(1) authorize and promote the utilization (b) AMENDMENTS TO THE IMMIGRATION AND (2) PRIVACY CONSIDERATIONS.—The Under of alternatives to the detention of asylum NATIONALITY ACT.—Section 101(a) (8 U.S.C. Secretary shall consider all applicable pri- seekers who do not have nonpolitical crimi- 1101(a)) is amended by adding at the end the vacy issues in the establishment of the Inter- nal records; and following new paragraphs: net system described in paragraph (1). No ‘‘(2) establish conditions for the detention ‘‘(53) The term ‘unaccompanied alien child’ personally identifying information shall be of asylum seekers that ensure a safe and hu- means a child who— accessible to unauthorized persons. mane environment. ‘‘(A) has no lawful immigration status in (3) MEANS OF ACCESS.—The on-line informa- ‘‘(b) SPECIFIC ALTERNATIVES FOR CONSIDER- the United States; tion under the Internet system described in ATION.—The Under Secretary shall consider ‘‘(B) has not attained the age of 18; and paragraph (1) shall be accessible to the per- the following specific alternatives to the de- ‘‘(C) with respect to whom— sons described in paragraph (1) through a tention of asylum seekers described in sub- ‘‘(i) there is no parent or legal guardian in personal identification number (PIN) or section (a): the United States; or other personalized password. ‘‘(1) Parole from detention. ‘‘(ii) no parent or legal guardian in the (4) PROHIBITION ON FEES.—The Under Sec- ‘‘(2) For individuals not otherwise qualified United States is able to provide care and retary shall not charge any immigrant, non- for parole under paragraph (1), parole with physical custody. immigrant, employer, or other person de- appearance assistance provided by private ‘‘(54) The term ‘unaccompanied refugee scribed in paragraph (1) a fee for access to nonprofit voluntary agencies with expertise children’ means persons described in para- the information in the database that per- in the legal and social needs of asylum seek- graph (42) who— tains to that person. ers. ‘‘(A) have not attained the age of 18; and (b) FEASIBILITY STUDY FOR ON-LINE FILING ‘‘(3) For individuals not otherwise qualified ‘‘(B) with respect to whom there are no AND IMPROVED PROCESSING.— for parole under paragraph (1) or (2), non-se- parents or legal guardians available to pro- (1) ON-LINE FILING.— cure shelter care or group homes operated by vide care and physical custody.’’. private nonprofit voluntary agencies with (A) IN GENERAL.—The Under Secretary, in Subtitle A—Structural Changes consultation with the Technology Advisory expertise in the legal and social needs of asy- lum seekers. SEC. 1211. RESPONSIBILITIES OF THE OFFICE OF Committee, shall conduct a study to deter- REFUGEE RESETTLEMENT WITH RE- mine the feasibility of on-line filing of the ‘‘(4) Noninstitutional settings for minors such as foster care or group homes operated SPECT TO UNACCOMPANIED ALIEN documents described in subsection (a). CHILDREN. by private nonprofit voluntary agencies with (B) STUDY ELEMENTS.—The study shall— (a) IN GENERAL.— expertise in the legal and social needs of asy- (i) include a review of computerization and (1) RESPONSIBILITIES OF THE OFFICE.—The technology of the Immigration and Natu- lum seekers. EGULATIONS.—The Under Secretary Office shall be responsible for— ralization Service (or successor agency) re- ‘‘(c) R shall promulgate such regulations as may be (A) coordinating and implementing the lating to immigration services and the proc- necessary to carry out this section. care and placement for unaccompanied alien essing of such documents; ‘‘(d) DEFINITION.—In this section, the term children who are in Federal custody by rea- (ii) include an estimate of the time-frame ‘asylum seeker’ means any applicant for asy- son of their immigration status; and and costs of implementing on-line filing of lum under section 208 or any alien who indi- (B) ensuring minimum standards of deten- such documents; and cates an intention to apply for asylum under tion for all unaccompanied alien children. (iii) consider other factors in imple- that section.’’. (2) DUTIES OF THE DIRECTOR WITH RESPECT menting such a filing system, including the (b) CLERICAL AMENDMENT.—The table of TO UNACCOMPANIED ALIEN CHILDREN.—The Di- feasibility of the payment of fees on-line. contents of the Immigration and Nationality rector shall be responsible under this title (2) REPORT.—Not later than 2 years after Act is amended by inserting after the item for— the effective date of division A, the Under relating to section 236A the following new (A) ensuring that the best interests of the Secretary shall submit to the Committees on item: child are considered in decisions and actions the Judiciary of the Senate and the House of ‘‘Sec. 236B. Alternatives to detention of asy- relating to the care and placement of an un- Representatives a report on the findings of lum seekers.’’. accompanied alien child; the study conducted under this subsection. (B) making placement, release, and deten- Subtitle D—Effective Date (c) TECHNOLOGY ADVISORY COMMITTEE.— tion determinations for all unaccompanied (1) ESTABLISHMENT.—Not later than 1 year SEC. 1131. EFFECTIVE DATE. alien children in the custody of the Office; after the effective date of division A, the This title, and the amendments made by (C) implementing the placement, release, Under Secretary shall establish, after con- this title, shall take effect one year after the and detention determinations made by the sultation with the Committees on the Judi- effective date of division A of this Act. Office; ciary of the Senate and the House of Rep- TITLE XII—UNACCOMPANIED ALIEN (D) convening, in the absence of the Assist- resentatives, an advisory committee (in this CHILD PROTECTION ant Secretary, Administration for Children section referred to as the ‘‘Technology Advi- SEC. 1201. SHORT TITLE. and Families of the Department of Health sory Committee’’) to assist the Under Sec- This title may be cited as the ‘‘Unaccom- and Human Services, the Interagency Task retary in— panied Alien Child Protection Act of 2002’’. Force on Unaccompanied Alien Children es- (A) establishing the tracking system under SEC. 1202. DEFINITIONS. tablished in section 1212; subsection (a); and (a) IN GENERAL.—In this title: (E) identifying a sufficient number of (B) conducting the study under subsection (1) DIRECTOR.—The term ‘‘Director’’ means qualified persons, entities, and facilities to (b). the Director of the Office. house unaccompanied alien children in ac- (2) COMPOSITION.—The Technology Advi- (2) OFFICE.—The term ‘‘Office’’ means the cordance with sections 1222 and 1223; sory Committee shall be composed of— Office of Refugee Resettlement as estab- (F) overseeing the persons, entities, and fa- (A) experts from the public and private sec- lished by section 411 of the Immigration and cilities described in sections 1222 and 1223 to tor capable of establishing and implementing Nationality Act. ensure their compliance with such provi- the system in an expeditious manner; and (3) SERVICE.—The term ‘‘Service’’ means sions; (B) representatives of persons or entities the Immigration and Naturalization Service (G) compiling, updating, and publishing at who may use the tracking system described (or, upon the effective date of title XI, the least annually a State-by-State list of pro- in subsection (a) and the on-line filing sys- Directorate of Immigration Affairs). fessionals or other entities qualified to con- tem described in subsection (b)(1). (4) UNACCOMPANIED ALIEN CHILD.—The term tract with the Office to provide the services SEC. 1123. ALTERNATIVES TO DETENTION OF ‘‘unaccompanied alien child’’ means a child described in sections 1231 and 1232; ASYLUM SEEKERS. who— (H) maintaining statistical information (a) ASSIGNMENTS OF ASYLUM OFFICERS.— (A) has no lawful immigration status in and other data on unaccompanied alien chil- The Under Secretary shall assign asylum of- the United States; dren in the Office’s custody and care, which ficers to major ports of entry in the United (B) has not attained the age of 18; and shall include— States to assist in the inspection of asylum (C) with respect to whom— (i) biographical information such as the seekers. For other ports of entry, the Under (i) there is no parent or legal guardian in child’s name, gender, date of birth, country Secretary shall take steps to ensure that the United States; or of birth, and country of habitual residence; S9630 CONGRESSIONAL RECORD — SENATE September 30, 2002 (ii) the date on which the child came into SEC. 1213. TRANSITION PROVISIONS. against the Department of Justice or the Im- Federal custody, including each instance in (a) TRANSFER OF FUNCTIONS.—All functions migration and Naturalization Service, or by which such child came into the custody of— with respect to the care and custody of unac- or against any individual in the official ca- (I) the Service; or companied alien children under the immigra- pacity of such individual as an officer or em- (II) the Office; tion laws of the United States vested by ployee in connection with a function trans- (iii) information relating to the custody, statute in, or exercised by, the Commis- ferred under this section, shall abate by rea- detention, release, and repatriation of unac- sioner of Immigration and Naturalization (or son of the enactment of this Act. companied alien children who have been in any officer, employee, or component there- (g) CONTINUANCE OF SUIT WITH SUBSTI- the custody of the Office; of), immediately prior to the effective date TUTION OF PARTIES.—If any Government offi- (iv) in any case in which the child is placed of this subtitle, are transferred to the Office. cer in the official capacity of such officer is in detention, an explanation relating to the (b) TRANSFER AND ALLOCATIONS OF APPRO- party to a suit with respect to a function of detention; and PRIATIONS AND PERSONNEL.—The personnel the officer, and pursuant to this section such employed in connection with, and the assets, (v) the disposition of any actions in which function is transferred to any other officer liabilities, contracts, property, records, and the child is the subject; or office, then such suit shall be continued unexpended balances of appropriations, au- (I) collecting and compiling statistical in- with the other officer or the head of such thorizations, allocations, and other funds formation from the Service, including Bor- other office, as applicable, substituted or employed, used, held, arising from, available added as a party. der Patrol and inspections officers, on the to, or to be made available in connection (h) ADMINISTRATIVE PROCEDURE AND JUDI- unaccompanied alien children with whom with the functions transferred by this sec- CIAL REVIEW.—Except as otherwise provided they come into contact; and tion, subject to section 1531 of title 31, by this title, any statutory requirements re- (J) conducting investigations and inspec- United States Code, shall be transferred to lating to notice, hearings, action upon the tions of facilities and other entities in which the Office. Unexpended funds transferred record, or administrative or judicial review unaccompanied alien children reside. pursuant to this section shall be used only (3) DUTIES WITH RESPECT TO FOSTER CARE.— for the purposes for which the funds were that apply to any function transferred pursu- In carrying out the duties described in para- originally authorized and appropriated. ant to any provision of this section shall graph (3)(F), the Director is encouraged to (c) LEGAL DOCUMENTS.—All orders, deter- apply to the exercise of such function by the utilize the refugee children foster care sys- minations, rules, regulations, permits, head of the office, and other officers of the tem established under section 412(d)(2) of the grants, loans, contracts, recognition of labor office, to which such function is transferred Immigration and Nationality Act for the organizations, agreements, including collec- pursuant to such provision. placement of unaccompanied alien children. tive bargaining agreements, certificates, li- SEC. 1214. EFFECTIVE DATE. (4) POWERS.—In carrying out the duties censes, and privileges— This subtitle shall take effect one year under paragraph (3), the Director shall have (1) that have been issued, made, granted, or after the effective date of division A of this the power to— allowed to become effective by the Presi- Act. (A) contract with service providers to per- dent, the Attorney General, the Commis- Subtitle B—Custody, Release, Family form the services described in sections 1222, sioner of the Immigration and Naturaliza- Reunification, and Detention 1223, 1231, and 1232; and tion Service, their delegates, or any other SEC. 1221. PROCEDURES WHEN ENCOUNTERING (B) compel compliance with the terms and Government official, or by a court of com- UNACCOMPANIED ALIEN CHILDREN. conditions set forth in section 1223, including petent jurisdiction, in the performance of (a) UNACCOMPANIED CHILDREN FOUND ALONG the power to terminate the contracts of pro- any function that is transferred pursuant to THE UNITED STATES BORDER OR AT UNITED viders that are not in compliance with such this section; and STATES PORTS OF ENTRY.— conditions and reassign any unaccompanied (2) that are in effect on the effective date (1) IN GENERAL.—Subject to paragraph (2), alien child to a similar facility that is in of such transfer (or become effective after if an immigration officer finds an unaccom- compliance with such section. such date pursuant to their terms as in ef- panied alien child who is described in para- (b) NO EFFECT ON SERVICE, EOIR, AND DE- fect on such effective date); graph (2) at a land border or port of entry of PARTMENT OF STATE ADJUDICATORY RESPON- shall continue in effect according to their the United States and determines that such SIBILITIES.—Nothing in this title may be con- terms until modified, terminated, super- child is inadmissible under the Immigration strued to transfer the responsibility for adju- seded, set aside, or revoked in accordance and Nationality Act, the officer shall— dicating benefit determinations under the with law by the President, any other author- (A) permit such child to withdraw the Immigration and Nationality Act from the ized official, a court of competent jurisdic- child’s application for admission pursuant to tion, or operation of law, except that any authority of any official of the Service, the section 235(a)(4) of the Immigration and Na- collective bargaining agreement shall re- Executive Office of Immigration Review (or tionality Act; and main in effect until the date of termination successor entity), or the Department of (B) remove such child from the United specified in the agreement. State. States. (d) PROCEEDINGS.— SEC. 1212. ESTABLISHMENT OF INTERAGENCY (2) SPECIAL RULE FOR CONTIGUOUS COUN- (1) PENDING.—The transfer of functions TASK FORCE ON UNACCOMPANIED TRIES.— ALIEN CHILDREN. under subsection (a) shall not affect any pro- ceeding or any application for any benefit, (A) IN GENERAL.—Any child who is a na- (a) ESTABLISHMENT.—There is established service, license, permit, certificate, or finan- tional or habitual resident of a country that an Interagency Task Force on Unaccom- cial assistance pending on the effective date is contiguous with the United States and panied Alien Children. of this subtitle before an office whose func- that has an agreement in writing with the (b) COMPOSITION.—The Task Force shall tions are transferred pursuant to this sec- United States providing for the safe return consist of the following members: tion, but such proceedings and applications and orderly repatriation of unaccompanied (1) The Assistant Secretary, Administra- shall be continued. alien children who are nationals or habitual tion for Children and Families, Department residents of such country shall be treated in (2) ORDERS.—Orders shall be issued in such of Health and Human Services. proceedings, appeals shall be taken there- accordance with paragraph (1), unless a de- (2) The Under Secretary of Homeland Secu- from, and payments shall be made pursuant termination is made on a case-by-case basis rity for Immigration Affairs. to such orders, as if this Act had not been en- that— (3) The Assistant Secretary of State for acted, and orders issued in any such pro- (i) such child has a fear of returning to the Population, Refugees, and Migration. ceeding shall continue in effect until modi- child’s country of nationality or country of (4) The Director. fied, terminated, superseded, or revoked by a last habitual residence owing to a fear of (5) Such other officials in the executive duly authorized official, by a court of com- persecution; branch of Government as may be designated petent jurisdiction, or by operation of law. (ii) the return of such child to the child’s by the President. country of nationality or country of last ha- (3) DISCONTINUANCE OR MODIFICATION.— (c) CHAIRMAN.—The Task Force shall be Nothing in this section shall be considered to bitual residence would endanger the life or chaired by the Assistant Secretary, Adminis- prohibit the discontinuance or modification safety of such child; or tration for Children and Families, Depart- of any such proceeding under the same terms (iii) the child cannot make an independent ment of Health and Human Services. and conditions and to the same extent that decision to withdraw the child’s application (d) ACTIVITIES OF THE TASK FORCE.—In con- such proceeding could have been discon- for admission due to age or other lack of ca- sultation with nongovernmental organiza- tinued or modified if this section had not pacity. tions, the Task Force shall— been enacted. (B) RIGHT OF CONSULTATION.—Any child de- (1) measure and evaluate the progress of (e) SUITS.—This section shall not affect scribed in subparagraph (A) shall have the the United States in treating unaccompanied suits commenced before the effective date of right to consult with a consular officer from alien children in United States custody; and this subtitle, and in all such suits, pro- the child’s country of nationality or country (2) expand interagency procedures to col- ceeding shall be had, appeals taken, and of last habitual residence prior to repatri- lect and organize data, including significant judgments rendered in the same manner and ation, as well as consult with the Office, research and resource information on the with the same effect as if this section had telephonically, and such child shall be in- needs and treatment of unaccompanied alien not been enacted. formed of that right. children in the custody of the United States (f) NONABATEMENT OF ACTIONS.—No suit, (3) RULE FOR APPREHENSIONS AT THE BOR- Government. action, or other proceeding commenced by or DER.—The custody of unaccompanied alien September 30, 2002 CONGRESSIONAL RECORD — SENATE S9631

children not described in paragraph (2) who (F) A qualified adult or entity seeking cus- (3) STATE LICENSURE.—In the case of a are apprehended at the border of the United tody of the child when it appears that there placement of a child with an entity described States or at a United States port of entry is no other likely alternative to long-term in section 1222(a)(1)(E), the entity must be li- shall be treated in accordance with the pro- detention and family reunification does not censed by an appropriate State agency to visions of subsection (b). appear to be a reasonable alternative. For provide residential, group, child welfare, or (b) CUSTODY OF UNACCOMPANIED ALIEN purposes of this subparagraph, the qualifica- foster care services for dependent children. CHILDREN FOUND IN THE INTERIOR OF THE tion of the adult or entity shall be decided (4) CONDITIONS OF DETENTION.— UNITED STATES.— by the Office. (A) IN GENERAL.—The Director shall pro- (1) ESTABLISHMENT OF JURISDICTION.— (2) HOME STUDY.—Notwithstanding the pro- mulgate regulations incorporating standards (A) IN GENERAL.—Except as otherwise pro- visions of paragraph (1), no unaccompanied for conditions of detention in such place- vided under subsection (a) and subparagraphs alien child shall be placed with a person or ments that provide for— (B) and (C), the custody of all unaccom- entity unless a valid home-study conducted (i) educational services appropriate to the panied alien children, including responsi- by an agency of the State of the child’s pro- child; bility for their detention, where appropriate, posed residence, by an agency authorized by (ii) medical care; shall be under the jurisdiction of the Office. that State to conduct such a study, or by an (iii) mental health care, including treat- (B) EXCEPTION FOR CHILDREN WHO HAVE COM- appropriate voluntary agency contracted ment of trauma; MITTED CRIMES.—Notwithstanding subpara- with the Office to conduct such studies has (iv) access to telephones; graph (A), the Service shall retain or assume found that the person or entity is capable of (v) access to legal services; the custody and care of any unaccompanied providing for the child’s physical and mental (vi) access to interpreters; alien child who— well-being. (vii) supervision by professionals trained in (i) has been charged with any felony, ex- (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO the care of children, taking into account the cluding offenses proscribed by the Immigra- CUSTODY OF UNACCOMPANIED ALIEN CHILD.— special cultural, linguistic, and experiential tion and Nationality Act, while such charges (A) PLACEMENT WITH PARENT OR LEGAL needs of children in immigration pro- are pending; or GUARDIAN.—If an unaccompanied alien child ceedings; (ii) has been convicted of any such felony. is placed with any person or entity other (viii) recreational programs and activities; (C) EXCEPTION FOR CHILDREN WHO THREATEN than a parent or legal guardian, but subse- (ix) spiritual and religious needs; and NATIONAL SECURITY.—Notwithstanding sub- quent to that placement a parent or legal (x) dietary needs. paragraph (A), the Service shall retain or as- guardian seeks to establish custody, the Di- (B) NOTIFICATION OF CHILDREN.—Such regu- sume the custody and care of an unaccom- rector shall assess the suitability of placing lations shall provide that all children are no- panied alien child if the Secretary of Home- the child with the parent or legal guardian tified orally and in writing of such stand- land Security has substantial evidence that and shall make a written determination on ards. such child endangers the national security of the child’s placement within 30 days. (b) PROHIBITION OF CERTAIN PRACTICES.— the United States. (B) RULE OF CONSTRUCTION.—Nothing in The Director and the Secretary of Homeland (2) NOTIFICATION.—Upon apprehension of an this title shall be construed to— Security shall develop procedures prohib- unaccompanied alien child, the Secretary (i) supersede obligations under any treaty iting the unreasonable use of— shall promptly notify the Office. or other international agreement to which (1) shackling, handcuffing, or other re- (3) TRANSFER OF UNACCOMPANIED ALIEN the United States is a party, including The straints on children; CHILDREN.— Hague Convention on the Civil Aspects of (2) solitary confinement; or (A) TRANSFER TO THE OFFICE.—The care and International Child Abduction, the Vienna (3) pat or strip searches. custody of an unaccompanied alien child Declaration and Programme of Action, and (c) RULE OF CONSTRUCTION.—Nothing in shall be transferred to the Office— the Declaration of the Rights of the Child; or this section shall be construed to supersede (i) in the case of a child not described in (ii) limit any right or remedy under such procedures favoring release of children to ap- paragraph (1) (B) or (C), not later than 72 international agreement. propriate adults or entities or placement in the least secure setting possible, as defined hours after the apprehension of such child; (4) PROTECTION FROM SMUGGLERS AND TRAF- in the Stipulated Settlement Agreement or FICKERS.—The Director shall take affirma- (ii) in the case of a child whose custody has tive steps to ensure that unaccompanied under Flores v. Reno. been retained or assumed by the Service pur- alien children are protected from smugglers, SEC. 1224. REPATRIATED UNACCOMPANIED ALIEN CHILDREN. suant to paragraph (1) (B) or (C), imme- traffickers, or others seeking to victimize or (a) COUNTRY CONDITIONS.— diately following a determination that the otherwise engage such children in criminal, (1) SENSE OF CONGRESS.—It is the sense of child no longer meets the description set harmful, or exploitative activity. Attorneys Congress that, to the extent consistent with forth in such paragraph. involved in such activities should be re- the treaties and other international agree- (B) TRANSFER TO THE SERVICE.—Upon deter- ported to their State bar associations for dis- ments to which the United States is a party mining that a child in the custody of the Of- ciplinary action. and to the extent practicable, the United fice is described in paragraph (1) (B) or (C), (5) GRANTS AND CONTRACTS.—Subject to the States Government should undertake efforts the Director shall promptly make arrange- availability of appropriations, the Director to ensure that it does not repatriate children ments to transfer the care and custody of is authorized to make grants to, and enter in its custody into settings that would such child to the Service. into contracts with, voluntary agencies to threaten the life and safety of such children. (c) AGE DETERMINATIONS.—In any case in carry out the provisions of this section. which the age of an alien is in question and (2) ASSESSMENT OF CONDITIONS.— (6) REIMBURSEMENT OF STATE EXPENSES.— (A) IN GENERAL.—In carrying out repatri- the resolution of questions about such Subject to the availability of appropriations, ations of unaccompanied alien children, the alien’s age would affect the alien’s eligibility the Director is authorized to reimburse for treatment under the provisions of this Office shall conduct assessments of country States for any expenses they incur in pro- title, a determination of whether such alien conditions to determine the extent to which viding assistance to unaccompanied alien meets the age requirements of this title shall the country to which a child is being repatri- children who are served pursuant to this be made in accordance with the provisions of ated has a child welfare system capable of title. section 1225. ensuring the child’s well being. (b) CONFIDENTIALITY.—All information ob- SEC. 1222. FAMILY REUNIFICATION FOR UNAC- (B) FACTORS FOR ASSESSMENT.—In assessing COMPANIED ALIEN CHILDREN WITH tained by the Office relating to the immigra- country conditions, the Office shall, to the RELATIVES IN THE UNITED STATES. tion status of a person listed in subsection maximum extent practicable, examine the (a) PLACEMENT AUTHORITY.— (a) shall remain confidential and may be conditions specific to the locale of the (1) ORDER OF PREFERENCE.—Subject to the used only for the purposes of determining child’s repatriation. Director’s discretion under paragraph (4) and such person’s qualifications under subsection (b) REPORT ON REPATRIATION OF UNACCOM- section 1223(a)(2), an unaccompanied alien (a)(1). PANIED ALIEN CHILDREN.—Beginning not child in the custody of the Office shall be SEC. 1223. APPROPRIATE CONDITIONS FOR DE- later than 18 months after the date of enact- promptly placed with one of the following in- TENTION OF UNACCOMPANIED ment of this Act, and annually thereafter, dividuals in the following order of pref- ALIEN CHILDREN. the Director shall submit a report to the Ju- erence: (a) STANDARDS FOR PLACEMENT.— diciary Committees of the House of Rep- (A) A parent who seeks to establish cus- (1) PROHIBITION OF DETENTION IN CERTAIN resentatives and Senate on the Director’s ef- tody, as described in paragraph (3)(A). FACILITIES.—Except as provided in paragraph forts to repatriate unaccompanied alien chil- (B) A legal guardian who seeks to establish (2), an unaccompanied alien child shall not dren. Such report shall include at a min- custody, as described in paragraph (3)(A). be placed in an adult detention facility or a imum the following information: (C) An adult relative. facility housing delinquent children. (1) The number of unaccompanied alien (D) An entity designated by the parent or (2) DETENTION IN APPROPRIATE FACILITIES.— children ordered removed and the number of legal guardian that is capable and willing to An unaccompanied alien child who has ex- such children actually removed from the care for the child’s well-being. hibited a violent or criminal behavior that United States. (E) A State-licensed juvenile shelter, group endangers others may be detained in condi- (2) A description of the type of immigra- home, or foster home willing to accept legal tions appropriate to the behavior in a facil- tion relief sought and denied to such chil- custody of the child. ity appropriate for delinquent children. dren. S9632 CONGRESSIONAL RECORD — SENATE September 30, 2002 (3) A statement of the nationalities, ages, (A) those duties are completed, pertise in the delivery of immigration-re- and gender of such children. (B) the child departs the United States, lated legal services to children in order to (4) A description of the procedures used to (C) the child is granted permanent resident carry out this subsection. effect the removal of such children from the status in the United States, (B) INELIGIBILITY FOR GRANTS AND CON- United States. (D) the child attains the age of 18, or TRACTS.—In making grants and entering into (5) A description of steps taken to ensure (E) the child is placed in the custody of a contracts with such agencies, the Director that such children were safely and humanely parent or legal guardian, shall ensure that no such agency is— repatriated to their country of origin. whichever occurs first. (i) a grantee or contractee for services pro- (6) Any information gathered in assess- (5) POWERS.—The guardian ad litem— vided under section 1222 or 1231; and ments of country and local conditions pursu- (A) shall have reasonable access to the (ii) simultaneously a grantee or contractee ant to subsection (a)(2). child, including access while such child is for services provided under subparagraph (A). SEC. 1225. ESTABLISHING THE AGE OF AN UNAC- being held in detention or in the care of a (b) REQUIREMENT OF LEGAL REPRESENTA- COMPANIED ALIEN CHILD. foster family; TION.—The Director shall ensure that all un- The Director shall develop procedures that (B) shall be permitted to review all records accompanied alien children have legal rep- permit the presentation and consideration of and information relating to such proceedings resentation within 7 days of the child coming a variety of forms of evidence, including tes- that are not deemed privileged or classified; into Federal custody. timony of a child and other persons, to de- (C) may seek independent evaluations of (c) DUTIES.—Counsel shall represent the termine an unaccompanied alien child’s age the child; unaccompanied alien child all proceedings for purposes of placement, custody, parole, (D) shall be notified in advance of all hear- and actions relating to the child’s immigra- and detention. Such procedures shall allow ings involving the child that are held in con- tion status or other actions involving the the appeal of a determination to an immi- nection with proceedings under the Immigra- Service and appear in person for all indi- gration judge. Radiographs shall not be the tion and Nationality Act, and shall be given vidual merits hearings before the Executive sole means of determining age. a reasonable opportunity to be present at Office for Immigration Review (or its suc- SEC. 1226. EFFECTIVE DATE. such hearings; and cessor entity) and interviews involving the This subtitle shall take effect one year (E) shall be permitted to consult with the Service. after the effective date of division A of this child during any hearing or interview involv- (d) ACCESS TO CHILD.— Act. ing such child. (1) IN GENERAL.—Counsel shall have reason- Subtitle C—Access by Unaccompanied Alien (b) TRAINING.—The Director shall provide able access to the unaccompanied alien professional training for all persons serving Children to Guardians Ad Litem and Counsel child, including access while the child is as guardians ad litem under this section in SEC. 1231. RIGHT OF UNACCOMPANIED ALIEN being held in detention, in the care of a fos- the circumstances and conditions that unac- CHILDREN TO GUARDIANS AD ter family, or in any other setting that has companied alien children face as well as in LITEM. been determined by the Office. (a) GUARDIAN AD LITEM.— the various immigration benefits for which such a child might be eligible. (2) RESTRICTION ON TRANSFERS.—Absent (1) APPOINTMENT.—The Director shall ap- compelling and unusual circumstances, no SEC. 1232. RIGHT OF UNACCOMPANIED ALIEN point a guardian ad litem who meets the child who is represented by counsel shall be qualifications described in paragraph (2) for CHILDREN TO COUNSEL. transferred from the child’s placement to an- each unaccompanied alien child in the cus- (a) ACCESS TO COUNSEL.— other placement unless advance notice of at tody of the Office not later than 72 hours (1) IN GENERAL.—The Director shall ensure least 24 hours is made to counsel of such after the Office assumes physical or con- that all unaccompanied alien children in the transfer. structive custody of such child. The Director custody of the Office or in the custody of the (e) TERMINATION OF APPOINTMENT.—Counsel is encouraged, wherever practicable, to con- Service who are not described in section shall carry out the duties described in sub- tract with a voluntary agency for the selec- 1221(a)(2) shall have competent counsel to section (c) until— tion of an individual to be appointed as a represent them in immigration proceedings (1) those duties are completed, guardian ad litem under this paragraph. or matters. (2) the child departs the United States, (2) QUALIFICATIONS OF GUARDIAN AD (2) PRO BONO REPRESENTATION.—To the (3) the child is granted withholding of re- LITEM.— maximum extent practicable, the Director moval under section 241(b)(3) of the Immigra- (A) IN GENERAL.—No person shall serve as a shall utilize the services of pro bono attor- guardian ad litem unless such person— neys who agree to provide representation to tion and Nationality Act, (i) is a child welfare professional or other such children without charge. (4) the child is granted protection under individual who has received training in child (3) GOVERNMENT FUNDED REPRESENTATION.— the Convention Against Torture, welfare matters; and (A) APPOINTMENT OF COMPETENT COUNSEL.— (5) the child is granted asylum in the (ii) possesses special training on the nature Notwithstanding section 292 of the Immigra- United States under section 208 of the Immi- of problems encountered by unaccompanied tion and Nationality Act (8 U.S.C. 1362) or gration and Nationality Act, alien children. any other provision of law, when no com- (6) the child is granted permanent resident (B) PROHIBITION.—A guardian ad litem petent counsel is available to represent an status in the United States, or shall not be an employee of the Service. unaccompanied alien child without charge, (7) the child attains 18 years of age, (3) DUTIES.—The guardian ad litem shall— the Director shall appoint competent counsel whichever occurs first. (A) conduct interviews with the child in a for such child at the expense of the Govern- (f) NOTICE TO COUNSEL DURING IMMIGRATION manner that is appropriate, taking into ac- ment. PROCEEDINGS.— count the child’s age; (B) LIMITATION ON ATTORNEY FEES.—Coun- (1) IN GENERAL.—Except when otherwise re- (B) investigate the facts and circumstances sel appointed under subparagraph (A) may quired in an emergency situation involving relevant to such child’s presence in the not be compensated at a rate in excess of the the physical safety of the child, counsel shall United States, including facts and cir- rate provided under section 3006A of title 18, be given prompt and adequate notice of all cumstances arising in the country of the United States Code. immigration matters affecting or involving child’s nationality or last habitual residence (C) ASSUMPTION OF THE COST OF GOVERN- an unaccompanied alien child, including ad- and facts and circumstances arising subse- MENT-PAID COUNSEL.—In the case of a child judications, proceedings, and processing, be- quent to the child’s departure from such for whom counsel is appointed under sub- fore such actions are taken. country; paragraph (A) who is subsequently placed in (2) OPPORTUNITY TO CONSULT WITH COUN- (C) work with counsel to identify the the physical custody of a parent or legal SEL.—An unaccompanied alien child in the child’s eligibility for relief from removal or guardian, such parent or legal guardian may custody of the Office may not give consent voluntary departure by sharing with counsel elect to retain the same counsel to continue to any immigration action, including con- information collected under subparagraph representation of the child, at no expense to senting to voluntary departure, unless first (B); the Government, beginning on the date that afforded an opportunity to consult with (D) develop recommendations on issues rel- the parent or legal guardian assumes phys- counsel. ative to the child’s custody, detention, re- ical custody of the child. (g) ACCESS TO RECOMMENDATIONS OF GUARD- lease, and repatriation; (4) DEVELOPMENT OF NECESSARY INFRA- IAN AD LITEM.—Counsel shall be afforded an (E) ensure that the child’s best interests STRUCTURES AND SYSTEMS.—In ensuring that opportunity to review the recommendation are promoted while the child participates in, legal representation is provided to such chil- by the guardian ad litem affecting or involv- or is subject to, proceedings or actions under dren, the Director shall develop the nec- ing a client who is an unaccompanied alien the Immigration and Nationality Act; essary mechanisms to identify entities avail- child. (F) ensure that the child understands such able to provide such legal assistance and rep- SEC. 1233. EFFECTIVE DATE; APPLICABILITY. determinations and proceedings; and resentation and to recruit such entities. (a) EFFECTIVE DATE.—This subtitle shall (G) report findings and recommendations (5) CONTRACTING AND GRANT MAKING AU- take effect one year after the effective date to the Director and to the Executive Office THORITY.— of division A of this Act. of Immigration Review (or successor entity). (A) IN GENERAL.—Subject to the avail- (b) APPLICABILITY.—The provisions of this (4) TERMINATION OF APPOINTMENT.—The ability of appropriations, the Director shall subtitle shall apply to all unaccompanied guardian ad litem shall carry out the duties enter into contracts with or make grants to alien children in Federal custody on, before, described in paragraph (3) until— national nonprofit agencies with relevant ex- or after the effective date of this subtitle. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9633

Subtitle D—Strengthening Policies for companied alien children. In the case of Bor- (b) AVAILABILITY OF FUNDS.—Amounts ap- Permanent Protection of Alien Children der Patrol agents and immigration inspec- propriated pursuant to subsection (a) are au- SEC. 1241. SPECIAL IMMIGRANT JUVENILE VISA. tors, such training shall include specific thorized to remain available until expended. (a) J VISA.—Section 101(a)(27)(J) (8 U.S.C. training on identifying children at the TITLE XIII—AGENCY FOR IMMIGRATION 1101(a)(27)(J)) is amended to read as follows: United States border or at United States HEARINGS AND APPEALS ports of entry who have been victimized by ‘‘(J) an immigrant under the age of 18 on Subtitle A—Structure and Function the date of application who is present in the smugglers or traffickers, and children for whom asylum or special immigrant relief SEC. 1301. ESTABLISHMENT. United States— (a) IN GENERAL.—There is established with- ‘‘(i) who has been declared dependent on a may be appropriate, including children de- scribed in section 1221(a)(2). in the Department of Justice the Agency for juvenile court located in the United States Immigration Hearings and Appeals (in this or whom such a court has legally committed SEC. 1243. EFFECTIVE DATE. The amendment made by section 1241 shall title referred to as the ‘‘Agency’’). to, or placed under the custody of, a depart- (b) ABOLITION OF EOIR.—The Executive Of- apply to all eligible children who were in the ment or agency of a State, or an individual fice for Immigration Review of the Depart- United States before, on, or after the date of or entity appointed by a State, and who has ment of Justice is hereby abolished. enactment of this Act. been deemed eligible by that court for long- SEC. 1302. DIRECTOR OF THE AGENCY. Subtitle E—Children Refugee and Asylum term foster care due to abuse, neglect, or (a) APPOINTMENT.—There shall be at the abandonment, or a similar basis found under Seekers head of the Agency a Director who shall be State law; SEC. 1251. GUIDELINES FOR CHILDREN’S ASYLUM appointed by the President, by and with the ‘‘(ii) for whom it has been determined in CLAIMS. advice and consent of the Senate. ENSE OF ONGRESS administrative or judicial proceedings that (a) S C .—Congress com- (b) OFFICES.—The Director shall appoint a it would not be in the alien’s best interest to mends the Service for its issuance of its Deputy Director, General Counsel, Pro Bono be returned to the alien’s or parent’s pre- ‘‘Guidelines for Children’s Asylum Claims’’, Coordinator, and other offices as may be nec- vious country of nationality or country of dated December 1998, and encourages and essary to carry out this title. last habitual residence; and supports the Service’s implementation of (c) RESPONSIBILITIES.—The Director shall— ‘‘(iii) for whom the Office of Refugee Reset- such guidelines in an effort to facilitate the (1) administer the Agency and be respon- tlement of the Department of Health and handling of children’s asylum claims. Con- sible for the promulgation of rules and regu- Human Services has certified to the Under gress calls upon the Executive Office for Im- lations affecting the Agency; Secretary of Homeland Security for Immi- migration Review of the Department of Jus- (2) appoint each Member of the Board of gration Affairs that the classification of an tice (or successor entity) to adopt the Immigration Appeals, including a Chair; alien as a special immigrant under this sub- ‘‘Guidelines for Children’s Asylum Claims’’ (3) appoint the Chief Immigration Judge; paragraph has not been made solely to pro- in its handling of children’s asylum claims and vide an immigration benefit to that alien; before immigration judges and the Board of (4) appoint and fix the compensation of at- except that no natural parent or prior adop- Immigration Appeals. torneys, clerks, administrative assistants, (b) TRAINING.—The Secretary of Homeland tive parent of any alien provided special im- and other personnel as may be necessary. Security shall provide periodic comprehen- migrant status under this subparagraph SEC. 1303. BOARD OF IMMIGRATION APPEALS. sive training under the ‘‘Guidelines for Chil- shall thereafter, by virtue of such parentage, (a) IN GENERAL.—The Board of Immigra- dren’s Asylum Claims’’ to asylum officers, be accorded any right, privilege, or status tion Appeals (in this title referred to as the immigration judges, members of the Board under this Act;’’. ‘‘Board’’) shall perform the appellate func- of Immigration Appeals, and immigration of- (b) ADJUSTMENT OF STATUS.—Section tions of the Agency. The Board shall consist ficers who have contact with children in 245(h)(2) (8 U.S.C. 1255(h)(2)) is amended— of a Chair and not less than 14 other immi- order to familiarize and sensitize such offi- (1) by amending subparagraph (A) to read gration appeals judges. cers to the needs of children asylum seekers. as follows: (b) APPOINTMENT.—Members of the Board Voluntary agencies shall be allowed to assist ‘‘(A) paragraphs (1), (4), (5), (6), and (7)(A) shall be appointed by the Director, in con- in such training. of section 212(a) shall not apply,’’; sultation with the Chair of the Board of Im- (2) in subparagraph (B), by striking the pe- SEC. 1252. UNACCOMPANIED REFUGEE CHIL- migration Appeals. DREN. riod and inserting ‘‘, and’’; and (c) QUALIFICATIONS.—The Chair and each (a) IDENTIFYING UNACCOMPANIED REFUGEE (3) by adding at the end the following new other Member of the Board shall be an attor- CHILDREN.—Section 207(e) (8 U.S.C. 1157(e)) is subparagraph: ney in good standing of a bar of a State or amended— ‘‘(C) the Secretary of Homeland Security the District of Columbia and shall have at (1) by redesignating paragraphs (3), (4), (5), may waive paragraph (2) (A) and (B) in the least 7 years of professional legal expertise (6), and (7) as paragraphs (4), (5), (6), (7), and case of an offense which arose as a con- in immigration and nationality law. (8), respectively; and sequence of the child being unaccom- (d) CHAIR.—The Chair shall direct, super- (2) by inserting after paragraph (2) the fol- panied.’’. vise, and establish the procedures and poli- lowing new paragraph: (c) ELIGIBILITY FOR ASSISTANCE.—A child cies of the Board. ‘‘(3) An analysis of the worldwide situation who has been granted relief under section (e) JURISDICTION.— faced by unaccompanied refugee children, by 101(a)(27)(J) of the Immigration and Nation- (1) IN GENERAL.—The Board shall have such region. Such analysis shall include an assess- ality Act (8 U.S.C. 1101(a)(27)(J)), as amended jurisdiction as was, prior to the date of en- ment of— by subsection (a), and who is in the custody actment of this Act, provided by statute or ‘‘(A) the number of unaccompanied refugee of a State shall be eligible for all funds made regulation to the Board of Immigration Ap- children, by region; available under section 412(d) of such Act. peals (as in effect under the Executive Office ‘‘(B) the capacity of the Department of of Immigration Review). SEC. 1242. TRAINING FOR OFFICIALS AND CER- State to identify such refugees; TAIN PRIVATE PARTIES WHO COME (2) DE NOVO REVIEW.—The Board shall have INTO CONTACT WITH UNACCOM- ‘‘(C) the capacity of the international com- de novo review of any decision by an immi- PANIED ALIEN CHILDREN. munity to care for and protect such refugees; gration judge, including any final order of (a) TRAINING OF STATE AND LOCAL OFFI- ‘‘(D) the capacity of the voluntary agency removal. CIALS AND CERTAIN PRIVATE PARTIES.—The community to resettle such refugees in the (f) DECISIONS OF THE BOARD.—The decisions Secretary of Health and Human Services, United States; of the Board shall constitute final agency ac- acting jointly with the Secretary, shall pro- ‘‘(E) the degree to which the United States tion, subject to review only as provided by vide appropriate training to be available to plans to resettle such refugees in the United the Immigration and Nationality Act and State and county officials, child welfare spe- States in the coming fiscal year; and other applicable law. cialists, teachers, public counsel, and juve- ‘‘(F) the fate that will befall such unac- (g) INDEPENDENCE OF BOARD MEMBERS.— nile judges who come into contact with un- companied refugee children for whom reset- The Members of the Board shall exercise accompanied alien children. The training tlement in the United States is not pos- their independent judgment and discretion in shall provide education on the processes per- sible.’’. the cases coming before the Board. (b) TRAINING ON THE NEEDS OF UNACCOM- taining to unaccompanied alien children SEC. 1304. CHIEF IMMIGRATION JUDGE. PANIED REFUGEE CHILDREN.—Section 207(f)(2) with pending immigration status and on the (a) ESTABLISHMENT OF OFFICE.—There shall (8 U.S.C. 1157(f)(2)) is amended by— forms of relief potentially available. The Di- be within the Agency the position of Chief (1) striking ‘‘and’’ after ‘‘countries,’’; and rector shall be responsible for establishing a Immigration Judge, who shall administer (2) inserting before the period at the end core curriculum that can be incorporated the immigration courts. the following: ‘‘, and instruction on the into currently existing education, training, (b) DUTIES OF THE CHIEF IMMIGRATION needs of unaccompanied refugee children’’. or orientation modules or formats that are JUDGE.—The Chief Immigration Judge shall currently used by these professionals. Subtitle F—Authorization of Appropriations be responsible for the general supervision, (b) TRAINING OF SERVICE PERSONNEL.—The SEC. 1261. AUTHORIZATION OF APPROPRIATIONS. direction, and procurement of resource and Secretary, acting jointly with the Secretary (a) IN GENERAL.—There are authorized to facilities and for the general management of of Health and Human Services, shall provide be appropriated such sums as may be nec- immigration court dockets. specialized training to all personnel of the essary to carry out the provisions of this (c) APPOINTMENT OF IMMIGRATION JUDGES.— Service who come into contact with unac- title. Immigration judges shall be appointed by S9634 CONGRESSIONAL RECORD — SENATE September 30, 2002 the Director, in consultation with the Chief tion, in the performance of any function that DIVISION C—FEDERAL WORKFORCE Immigration Judge. is transferred under this section; and IMPROVEMENT (d) QUALIFICATIONS.—Each immigration (2) that are in effect on the effective date TITLE XXI—CHIEF HUMAN CAPITAL judge, including the Chief Immigration of such transfer (or become effective after OFFICERS Judge, shall be an attorney in good standing such date pursuant to their terms as in ef- of a bar of a State or the District of Colum- fect on such effective date); SEC. 2101. SHORT TITLE. bia and shall have at least 7 years of profes- This title may be cited as the ‘‘Chief shall continue in effect according to their Human Capital Officers Act of 2002’’. sional legal expertise in immigration and na- terms until modified, terminated, super- tionality law. seded, set aside, or revoked in accordance SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFI- CERS. (e) JURISDICTION AND AUTHORITY OF IMMI- with law by the Agency, any other author- GRATION COURTS.—The immigration courts ized official, a court of competent jurisdic- (a) IN GENERAL.—Part II of title 5, United shall have such jurisdiction as was, prior to tion, or operation of law, except that any States Code, is amended by inserting after the date of enactment of this Act, provided collective bargaining agreement shall re- chapter 13 the following: by statute or regulation to the immigration main in effect until the date of termination ‘‘CHAPTER 14—AGENCY CHIEF HUMAN courts within the Executive Office for Immi- specified in the agreement. CAPITAL OFFICERS gration Review of the Department of Justice. (f) INDEPENDENCE OF IMMIGRATION (d) PROCEEDINGS.— JUDGES.—The immigration judges shall exer- (1) PENDING.—The transfer of functions ‘‘Sec. cise their independent judgment and discre- under subsection (a) shall not affect any pro- ‘‘1401. Establishment of agency Chief Human tion in the cases coming before the Immigra- ceeding or any application for any benefit, Capital Officers. tion Court. service, license, permit, certificate, or finan- ‘‘1402. Authority and functions of agency Chief Human Capital Officers. SEC. 1305. CHIEF ADMINISTRATIVE HEARING OF- cial assistance pending on the effective date FICER. of this title before an office whose functions ‘‘§ 1401. Establishment of agency Chief (a) ESTABLISHMENT OF POSITION.—There are transferred pursuant to this section, but Human Capital Officers such proceedings and applications shall be shall be within the Agency the position of ‘‘The head of each agency referred to under continued. Chief Administrative Hearing Officer. paragraphs (1) and (2) of section 901(b) of (2) ORDERS.—Orders shall be issued in such (b) DUTIES OF THE CHIEF ADMINISTRATIVE title 31 shall appoint or designate a Chief proceedings, appeals shall be taken there- HEARING OFFICER.—The Chief Administrative Human Capital Officer, who shall— from, and payments shall be made pursuant Hearing Officer shall hear cases brought ‘‘(1) advise and assist the head of the agen- to such orders, as if this Act had not been en- under sections 274A, 274B, and 274C of the Im- cy and other agency officials in carrying out acted, and orders issued in any such pro- migration and Nationality Act. the agency’s responsibilities for selecting, ceeding shall continue in effect until modi- SEC. 1306. REMOVAL OF JUDGES. developing, training, and managing a high- fied, terminated, superseded, or revoked by a Immigration judges and Members of the quality, productive workforce in accordance duly authorized official, by a court of com- Board may be removed from office only for with merit system principles; petent jurisdiction, or by operation of law. good cause, including neglect of duty or mal- ‘‘(2) implement the rules and regulations of (3) DISCONTINUANCE OR MODIFICATION.— feasance, by the Director, in consultation the President and the Office of Personnel Nothing in this section shall be considered to with the Chair of the Board, in the case of Management and the laws governing the prohibit the discontinuance or modification the removal of a Member of the Board, or in civil service within the agency; and of any such proceeding under the same terms consultation with the Chief Immigration ‘‘(3) carry out such functions as the pri- and conditions and to the same extent that Judge, in the case of the removal of an immi- mary duty of the Chief Human Capital Offi- such proceeding could have been discon- gration judge. cer. tinued or modified if this section had not SEC. 1307. AUTHORIZATION OF APPROPRIATIONS. been enacted. ‘‘§ 1402. Authority and functions of agency There are authorized to be appropriated to Chief Human Capital Officers (e) SUITS.—This section shall not affect the Agency such sums as may be necessary ‘‘(a) The functions of each Chief Human to carry out this title. suits commenced before the effective date of this title, and in all such suits, proceeding Capital Officer shall include— Subtitle B—Transfer of Functions and shall be had, appeals taken, and judgments ‘‘(1) setting the workforce development Savings Provisions rendered in the same manner and with the strategy of the agency; SEC. 1311. TRANSITION PROVISIONS. same effect as if this section had not been ‘‘(2) assessing workforce characteristics (a) TRANSFER OF FUNCTIONS.—All functions enacted. and future needs based on the agency’s mis- under the immigration laws of the United sion and strategic plan; (f) NONABATEMENT OF ACTIONS.—No suit, States (as defined in section 111(e) of the Im- ‘‘(3) aligning the agency’s human resources action, or other proceeding commenced by or policies and programs with organization mis- migration and Nationality Act, as added by against the Department of Justice or the Ex- section 1101(a)(2) of this Act) vested by stat- sion, strategic goals, and performance out- ecutive Office of Immigration Review, or by comes; ute in, or exercised by, the Executive Office or against any individual in the official ca- of Immigration Review of the Department of ‘‘(4) developing and advocating a culture of pacity of such individual as an officer or em- continuous learning to attract and retain Justice (or any officer, employee, or compo- ployee in connection with a function trans- nent thereof), immediately prior to the effec- employees with superior abilities; ferred under this section, shall abate by rea- ‘‘(5) identifying best practices and tive date of this title, are transferred to the son of the enactment of this Act. Agency. benchmarking studies; and (b) TRANSFER AND ALLOCATIONS OF APPRO- (g) CONTINUANCE OF SUIT WITH SUBSTI- ‘‘(6) applying methods for measuring intel- PRIATIONS AND PERSONNEL.—The personnel TUTION OF PARTIES.—If any Government offi- lectual capital and identifying links of that employed in connection with, and the assets, cer in the official capacity of such officer is capital to organizational performance and liabilities, contracts, property, records, and party to a suit with respect to a function of growth. unexpended balances of appropriations, au- the officer, and pursuant to this section such ‘‘(b) In addition to the authority otherwise thorizations, allocations, and other funds function is transferred to any other officer provided by this section, each agency Chief employed, used, held, arising from, available or office, then such suit shall be continued Human Capital Officer— to, or to be made available in connection with the other officer or the head of such ‘‘(1) shall have access to all records, re- with the functions transferred by this sec- other office, as applicable, substituted or ports, audits, reviews, documents, papers, tion, subject to section 1531 of title 31, added as a party. recommendations, or other material that— ‘‘(A) are the property of the agency or are United States Code, shall be transferred to (h) ADMINISTRATIVE PROCEDURE AND JUDI- available to the agency; and the Agency. Unexpended funds transferred CIAL REVIEW.—Except as otherwise provided ‘‘(B) relate to programs and operations pursuant to this section shall be used only by this title, any statutory requirements re- with respect to which that agency Chief for the purposes for which the funds were lating to notice, hearings, action upon the Human Capital Officer has responsibilities originally authorized and appropriated. record, or administrative or judicial review under this chapter; and (c) LEGAL DOCUMENTS.—All orders, deter- that apply to any function transferred pursu- ‘‘(2) may request such information or as- minations, rules, regulations, permits, ant to any provision of this section shall sistance as may be necessary for carrying grants, loans, contracts, recognition of labor apply to the exercise of such function by the out the duties and responsibilities provided organizations, agreements, including collec- head of the office, and other officers of the by this chapter from any Federal, State, or tive bargaining agreements, certificates, li- office, to which such function is transferred local governmental entity.’’. censes, and privileges— pursuant to such provision. (1) that have been issued, made, granted, or (b) TECHNICAL AND CONFORMING AMEND- allowed to become effective by the Attorney Subtitle C—Effective Date MENT.—The table of chapters for part II of General or the Executive Office of Immigra- title 5, United States Code, is amended by in- SEC. 1321. EFFECTIVE DATE. tion Review of the Department of Justice, serting after the item relating to chapter 13 their delegates, or any other Government of- This title shall take effect one year after the following: ficial, or by a court of competent jurisdic- the effective date of division A of this Act. ‘‘14. Chief Human Capital Officers ..... 1401’’. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9635 SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS esses, training, skills and technology, and ‘‘(d) Each agency that establishes a cat- COUNCIL. the human, capital, information, and other egory rating system under this section shall (a) ESTABLISHMENT.—There is established a resources 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 shall act as vice chairperson of the Council; Human Capital Officer shall prepare that Natives, Asian, Black or African American, and portion of the annual performance plan de- and native Hawaiian or other Pacific Is- (3) the Chief Human Capital Officers of Ex- scribed under subsection (a)(3).’’. lander; and ecutive departments and any other members (b) PROGRAM PERFORMANCE REPORTS.—Sec- ‘‘(3) the way in which managers were who are designated by the Director of the Of- tion 1116(d) of title 31, United States Code, is trained in the administration of that system. fice of Personnel Management. amended— ‘‘(e) The Office of Personnel Management (b) FUNCTIONS.—The Chief Human Capital (1) in paragraph (4), by striking ‘‘and’’ may prescribe such regulations as it con- Officers Council shall meet periodically to after the semicolon; siders necessary to carry out the provisions advise and coordinate the activities of the (2) by redesignating paragraph (5) as para- of this section.’’. agencies of its members on such matters as graph (6); and (b) TECHNICAL AND CONFORMING AMEND- modernization of human resources systems, (3) by inserting after paragraph (4) the fol- MENT.—The table of sections for chapter 33 of improved quality of human resources infor- lowing: title 5, United States Code, is amended by mation, and legislation affecting human re- ‘‘(5) include a review of the performance striking the item relating to section 3319 and sources operations and organizations. goals and evaluation of the performance plan inserting the following: (c) EMPLOYEE LABOR ORGANIZATIONS AT relative to the agency’s strategic human ‘‘3319. Alternative ranking and selection pro- MEETINGS.—The Chief Human Capital Offi- capital management; and’’. cedures.’’. cers Council shall ensure that representa- SEC. 2202. REFORM OF THE COMPETITIVE SERV- SEC. 2203. PERMANENT EXTENSION, REVISION, tives of Federal employee labor organiza- ICE HIRING PROCESS. AND EXPANSION OF AUTHORITIES tions are present at a minimum of 1 meeting (a) IN GENERAL.—Chapter 33 of title 5, FOR USE OF VOLUNTARY SEPARA- United States Code, is amended— TION INCENTIVE PAY AND VOL- of the Council each year. Such representa- UNTARY EARLY RETIREMENT. (1) in section 3304(a)— tives shall not be members of the Council. (a) VOLUNTARY SEPARATION INCENTIVE PAY- (A) in paragraph (1), by striking ‘‘and’’ (d) ANNUAL REPORT.—Each year the Chief MENTS.— after the semicolon; Human Capital Officers Council shall submit (1) IN GENERAL.— a report to Congress on the activities of the (B) in paragraph (2), by striking the period (A) AMENDMENT TO TITLE 5, UNITED STATES Council. and inserting ‘‘; and’’; and CODE.—Chapter 35 of title 5, United States SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGE- (C) by adding at the end the following: Code, is amended by inserting after sub- MENT. ‘‘(3) authority for agencies to appoint, chapter I the following: without regard to the provisions of sections Section 1103 of title 5, United States Code, ‘‘SUBCHAPTER II—VOLUNTARY 3309 through 3318, candidates directly to po- is amended by adding at the end the fol- SEPARATION INCENTIVE PAYMENTS lowing: sitions for which— ‘‘§ 3521. Definitions ‘‘(c)(1) The Office of Personnel Manage- ‘‘(A) public notice has been given; and ment shall design a set of systems, including ‘‘(B) the Office of Personnel Management ‘‘In this subchapter, the term— ‘‘(1) ‘agency’ means an Executive agency as appropriate metrics, for assessing the man- has determined that there exists a severe defined under section 105; and agement of human capital by Federal agen- shortage of candidates or there is a critical ‘‘(2) ‘employee’— cies. hiring need. ‘‘(A) means an employee as defined under ‘‘(2) The systems referred to under para- The Office shall prescribe, by regulation, cri- section 2105 employed by an agency and an graph (1) shall be defined in regulations of teria for identifying such positions and may individual employed by a county committee the Office of Personnel Management and in- delegate authority to make determinations established under section 8(b)(5) of the Soil clude standards for— under such criteria.’’; and Conservation and Domestic Allotment Act ‘‘(A)(i) aligning human capital strategies (2) by inserting after section 3318 the fol- (16 U.S.C. 590h(b)(5)) who— of agencies with the missions, goals, and or- lowing: ‘‘(i) is serving under an appointment with- ganizational objectives of those agencies; ‘‘§ 3319. Alternative ranking and selection out time limitation; and and procedures ‘‘(ii) has been currently employed for a ‘‘(ii) integrating those strategies into the ‘‘(a)(1) the Office, in exercising its author- continuous period of at least 3 years; and budget and strategic plans of those agencies; ity under section 3304; or ‘‘(B) shall not include— ‘‘(B) closing skill gaps in mission critical ‘‘(2) an agency to which the Office has dele- ‘‘(i) a reemployed annuitant under sub- occupations; gated examining authority under section chapter III of chapter 83 or 84 or another re- ‘‘(C) ensuring continuity of effective lead- 1104(a)(2); tirement system for employees of the Gov- ership through implementation of recruit- may establish category rating systems for ernment; evaluating applicants for positions in the ment, development, and succession plans; ‘‘(ii) an employee having a disability on competitive service, under 2 or more quality ‘‘(D) sustaining a culture that cultivates the basis of which such employee is or would categories based on merit consistent with and develops a high performing workforce; be eligible for disability retirement under regulations prescribed by the Office of Per- ‘‘(E) developing and implementing a subchapter III of chapter 83 or 84 or another sonnel Management, rather than assigned in- knowledge management strategy supported retirement system for employees of the Gov- by appropriate investment in training and dividual numerical ratings. ‘‘(b) Within each quality category estab- ernment; technology; and ‘‘(iii) an employee who is in receipt of a de- ‘‘(F) holding managers and human re- lished under subsection (a), preference-eligi- bles shall be listed ahead of individuals who cision notice of involuntary separation for sources officers accountable for efficient and misconduct or unacceptable performance; effective human resources management in are not preference eligibles. For other than scientific and professional positions at GS–9 ‘‘(iv) an employee who has previously re- support of agency missions in accordance ceived any voluntary separation incentive with merit system principles.’’. of the General Schedule (equivalent or high- er), qualified preference-eligibles who have a payment from the Federal Government SEC. 2105. EFFECTIVE DATE. compensable service-connected disability of under this subchapter or any other author- This title shall take effect 180 days after 10 percent or more shall be listed in the high- ity; the date of enactment of this division. est quality category. ‘‘(v) an employee covered by statutory re- TITLE XXII—REFORMS RELATING TO ‘‘(c)(1) An appointing official may select employment rights who is on transfer em- FEDERAL HUMAN CAPITAL MANAGEMENT any applicant in the highest quality cat- ployment with another organization; or SEC. 2201. INCLUSION OF AGENCY HUMAN CAP- egory or, if fewer than 3 candidates have ‘‘(vi) any employee who— ITAL STRATEGIC PLANNING IN PER- been assigned to the highest quality cat- ‘‘(I) during the 36-month period preceding FORMANCE PLANS AND PROGRAM egory, in a merged category consisting of the the date of separation of that employee, per- PERFORMANCE REPORTS. highest and the second highest quality cat- formed service for which a student loan re- (a) PERFORMANCE PLANS.—Section 1115 of egories. payment benefit was or is to be paid under title 31, United States Code, is amended— ‘‘(2) Notwithstanding paragraph (1), the ap- section 5379; (1) in subsection (a), by striking paragraph pointing official may not pass over a pref- ‘‘(II) during the 24-month period preceding (3) and inserting the following: erence-eligible in the same category from the date of separation of that employee, per- ‘‘(3) provide a description of how the per- which selection is made, unless the require- formed service for which a recruitment or re- formance goals and objectives are to be ments of section 3317(b) or 3318(b), as applica- location bonus was or is to be paid under sec- achieved, including the operational proc- ble, are satisfied. tion 5753; or S9636 CONGRESSIONAL RECORD — SENATE September 30, 2002

‘‘(III) during the 12-month period preceding direct contract) with the United States Gov- (4) EFFECTIVE DATE.—This subsection shall the date of separation of that employee, per- ernment (other than an entity in the legisla- take effect 60 days after the date of enact- formed service for which a retention bonus tive branch); and ment of this Act. was or is to be paid under section 5754. ‘‘(2) in subsection (c) does not include em- (b) FEDERAL EMPLOYEE VOLUNTARY EARLY ‘‘§ 3522. Agency plans; approval ployment under such a contract. ‘‘(b) An individual who has received a vol- RETIREMENT.— ‘‘(a) Before obligating any resources for untary separation incentive payment under (1) CIVIL SERVICE RETIREMENT SYSTEM.— voluntary separation incentive payments, this subchapter and accepts any employment Section 8336(d)(2) of title 5, United States the head of each agency shall submit to the for compensation with the Government of Code, is amended to read as follows: Office of Personnel Management a plan out- the United States within 5 years after the ‘‘(2)(A) has been employed continuously, by lining the intended use of such incentive date of the separation on which the payment the agency in which the employee is serving, payments and a proposed organizational is based shall be required to pay, before the for at least the 31-day period ending on the chart for the agency once such incentive individual’s first day of employment, the en- date on which such agency requests the de- payments have been completed. tire amount of the incentive payment to the termination referred to in subparagraph (D); ‘‘(b) The plan of an agency under sub- agency that paid the incentive payment. ‘‘(B) is serving under an appointment that section (a) shall include— ‘‘(c)(1) If the employment under this sec- is not time limited; ‘‘(1) the specific positions and functions to tion is with an agency, other than the Gen- ‘‘(C) has not been duly notified that such be reduced or eliminated; eral Accounting Office, the United States employee is to be involuntarily separated for ‘‘(2) a description of which categories of Postal Service, or the Postal Rate Commis- misconduct or unacceptable performance; employees will be offered incentives; sion, the Director of the Office of Personnel ‘‘(D) is separated from the service volun- ‘‘(3) the time period during which incen- Management may, at the request of the head tarily during a period in which, as deter- tives may be paid; of the agency, waive the repayment if— mined by the Office of Personnel Manage- ‘‘(4) the number and amounts of voluntary ‘‘(A) the individual involved possesses ment (upon request of the agency) under reg- separation incentive payments to be offered; unique abilities and is the only qualified ap- ulations prescribed by the Office— and plicant available for the position; or ‘‘(i) such agency (or, if applicable, the com- ‘‘(5) a description of how the agency will ‘‘(B) in the case of an emergency involving ponent in which the employee is serving) is operate without the eliminated positions and a direct threat to life or property, the indi- undergoing substantial delayering, substan- functions. vidual— tial reorganization, substantial reductions in ‘‘(c) The Director of the Office of Personnel ‘‘(i) has skills directly related to resolving force, substantial transfer of function, or Management shall review each agency’s plan the emergency; and other substantial workforce restructuring and may make any appropriate modifica- ‘‘(ii) will serve on a temporary basis only (or shaping); tions in the plan, in consultation with the so long as that individual’s services are made ‘‘(ii) a significant percentage of employees Director of the Office of Management and necessary by the emergency. serving in such agency (or component) are Budget. A plan under this section may not be ‘‘(2) If the employment under this section likely to be separated or subject to an imme- implemented without the approval of the Di- is with an entity in the legislative branch, diate reduction in the rate of basic pay rector of the Office of Personnel Manage- the head of the entity or the appointing offi- (without regard to subchapter VI of chapter ment. cial may waive the repayment if the indi- 53, or comparable provisions); or ‘‘§ 3523. Authority to provide voluntary sepa- vidual involved possesses unique abilities ‘‘(iii) identified as being in positions which ration incentive payments and is the only qualified applicant available are becoming surplus or excess to the agen- ‘‘(a) A voluntary separation incentive pay- for the position. cy’s future ability to carry out its mission ment under this subchapter may be paid to ‘‘(3) If the employment under this section effectively; and an employee only as provided in the plan of is with the judicial branch, the Director of ‘‘(E) as determined by the agency under an agency established under section 3522. the Administrative Office of the United regulations prescribed by the Office, is with- ‘‘(b) A voluntary incentive payment— States Courts may waive the repayment if in the scope of the offer of voluntary early ‘‘(1) shall be offered to agency employees the individual involved possesses unique retirement, which may be made on the basis on the basis of— abilities and is the only qualified applicant of— ‘‘(A) 1 or more organizational units; available for the position. ‘‘(i) 1 or more organizational units; ‘‘(B) 1 or more occupational series or lev- ‘‘§ 3525. Regulations ‘‘(ii) 1 or more occupational series or lev- els; ‘‘The Office of Personnel Management may els; ‘‘(C) 1 or more geographical locations; prescribe regulations to carry out this sub- ‘‘(iii) 1 or more geographical locations; ‘‘(D) skills, knowledge, or other factors re- chapter.’’. ‘‘(iv) specific periods; lated to a position; (B) TECHNICAL AND CONFORMING AMEND- ‘‘(v) skills, knowledge, or other factors re- ‘‘(E) specific periods of time during which MENTS.—Chapter 35 of title 5, United States lated to a position; or eligible employees may elect a voluntary in- Code, is amended— ‘‘(vi) any appropriate combination of such centive payment; or (i) by striking the chapter heading and in- factors;’’. ‘‘(F) any appropriate combination of such serting the following: (2) FEDERAL EMPLOYEES’ RETIREMENT SYS- factors; TEM.—Section 8414(b)(1) of title 5, United ‘‘(2) shall be paid in a lump sum after the ‘‘CHAPTER 35—RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE States Code, is amended by striking subpara- employee’s separation; graph (B) and inserting the following: ‘‘(3) shall be equal to the lesser of— PAYMENTS, RESTORATION, AND REEM- PLOYMENT’’; and ‘‘(B)(i) has been employed continuously, by ‘‘(A) an amount equal to the amount the the agency in which the employee is serving, (ii) in the table of sections by inserting employee would be entitled to receive under for at least the 31-day period ending on the after the item relating to section 3504 the section 5595(c) if the employee were entitled date on which such agency requests the de- to payment under such section (without ad- following: termination referred to in clause (iv); justment for any previous payment made); or ‘‘SUBCHAPTER II—VOLUNTARY ‘‘(ii) is serving under an appointment that ‘‘(B) an amount determined by the agency SEPARATION INCENTIVE PAYMENTS is not time limited; head, not to exceed $25,000; ‘‘3521. Definitions. ‘‘(iii) has not been duly notified that such ‘‘(4) may be made only in the case of an ‘‘3522. Agency plans; approval. employee is to be involuntarily separated for employee who voluntarily separates (wheth- ‘‘3523. Authority to provide voluntary sepa- misconduct or unacceptable performance; er by retirement or resignation) under this ration incentive payments. ‘‘(iv) is separated from the service volun- subchapter; ‘‘3524. Effect of subsequent employment with tarily during a period in which, as deter- ‘‘(5) shall not be a basis for payment, and the Government. mined by the Office of Personnel Manage- shall not be included in the computation, of ‘‘3525. Regulations.’’. ment (upon request of the agency) under reg- any other type of Government benefit; (2) ADMINISTRATIVE OFFICE OF THE UNITED ulations prescribed by the Office— ‘‘(6) shall not be taken into account in de- STATES COURTS.—The Director of the Admin- ‘‘(I) such agency (or, if applicable, the com- termining the amount of any severance pay istrative Office of the United States Courts ponent in which the employee is serving) is to which the employee may be entitled under may, by regulation, establish a program sub- undergoing substantial delayering, substan- section 5595, based on any other separation; stantially similar to the program established tial reorganization, substantial reductions in and under paragraph (1) for individuals serving in force, substantial transfer of function, or ‘‘(7) shall be paid from appropriations or the judicial branch. other substantial workforce restructuring funds available for the payment of the basic (3) CONTINUATION OF OTHER AUTHORITY.— (or shaping); pay of the employee. Any agency exercising any voluntary separa- ‘‘(II) a significant percentage of employees ‘‘§ 3524. Effect of subsequent employment tion incentive authority in effect on the ef- serving in such agency (or component) are with the Government fective date of this subsection may continue likely to be separated or subject to an imme- ‘‘(a) The term ‘employment’— to offer voluntary separation incentives con- diate reduction in the rate of basic pay ‘‘(1) in subsection (b) includes employment sistent with that authority until that au- (without regard to subchapter VI of chapter under a personal services contract (or other thority expires. 53, or comparable provisions); or September 30, 2002 CONGRESSIONAL RECORD — SENATE S9637 ‘‘(III) identified as being in positions which (4) in chapter 83— ‘‘(A) maintain a balanced workforce in are becoming surplus or excess to the agen- (A) in section 8336(h)(1), by striking ‘‘for which women, members of racial and ethnic cy’s future ability to carry out its mission failure to be recertified as a senior executive minority groups, and persons with disabil- effectively; and under section 3393a or’’; and ities are appropriately represented in Gov- ‘‘(v) as determined by the agency under (B) in section 8339(h), in the first sentence, ernment service; and regulations prescribed by the Office, is with- by striking ‘‘, except that such reduction ‘‘(B) provide employees effective education in the scope of the offer of voluntary early shall not apply in the case of an employee re- and training to improve organizational and retirement, which may be made on the basis tiring under section 8336(h) for failure to be individual performance; of— recertified as a senior executive’’; and ‘‘(2) assure that the training is not for the ‘‘(I) 1 or more organizational units; (5) in chapter 84— sole purpose of providing an employee an op- ‘‘(II) 1 or more occupational series or lev- (A) in section 8414(a)(1), by striking ‘‘for portunity to obtain an academic degree or to els; failure to be recertified as a senior executive qualify for appointment to a particular posi- ‘‘(III) 1 or more geographical locations; under section 3393a or’’; and tion for which the academic degree is a basic ‘‘(IV) specific periods; (B) in section 8421(a)(2), by striking ‘‘, ex- requirement; ‘‘(V) skills, knowledge, or other factors re- cept that an individual entitled to an annu- ‘‘(3) assure that no authority under this lated to a position; or ity under section 8414(a) for failure to be re- subsection is exercised on behalf of any em- ‘‘(VI) any appropriate combination of such certified as a senior executive shall be enti- ployee occupying or seeking to qualify for— factors;’’. tled to an annuity supplement without re- ‘‘(A) a noncareer appointment in the Sen- (3) GENERAL ACCOUNTING OFFICE AUTHOR- gard to such applicable minimum retirement ior Executive Service; or ITY.—The amendments made by this sub- age’’. ‘‘(B) appointment to any position that is section shall not be construed to affect the (b) SAVINGS PROVISION.—Notwithstanding excepted from the competitive service be- authority under section 1 of Public Law 106– the amendments made by subsection cause of its confidential policy-determining, 303 (5 U.S.C. 8336 note; 114 Stat. 1063). (a)(2)(A), an appeal under the final sentence policymaking, or policy-advocating char- (4) TECHNICAL AND CONFORMING AMEND- of section 3592(a) of title 5, United States acter; and MENT.—Section 7001 of the 1998 Supplemental Code, that is pending on the day before the ‘‘(4) to the greatest extent practicable, fa- Appropriations and Rescissions Act (Public effective date of this section— cilitate the use of online degree training.’’. Law 105–174; 112 Stat. 91) is repealed. (1) shall not abate by reason of the enact- (b) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for chapter 41 of (5) REGULATIONS.—The Office of Personnel ment of the amendments made by subsection title 5, United States Code, is amended by Management may prescribe regulations to (a)(2)(A); and striking the item relating to section 4107 and carry out this subsection. (2) shall continue as if such amendments inserting the following: (c) SENSE OF CONGRESS.—It is the sense of had not been enacted. Congress that the implementation of this (c) APPLICATION.—The amendment made by ‘‘4107. Academic degree training.’’. section is intended to reshape the Federal subsection (a)(2)(B) shall not apply with re- SEC. 2402. MODIFICATIONS TO NATIONAL SECU- workforce and not downsize the Federal spect to an individual who, before the effec- RITY EDUCATION PROGRAM. (a) FINDINGS AND POLICIES.— workforce. tive date of this section, leaves the Senior (1) FINDINGS.—Congress finds that— SEC. 2204. STUDENT VOLUNTEER TRANSIT SUB- Executive Service for failure to be recer- (A) the United States Government actively SIDY. tified as a senior executive under section encourages and financially supports the (a) IN GENERAL.—Section 7905(a)(1) of title 3393a of title 5, United States Code. 5, United States Code, is amended by strik- training, education, and development of ing ‘‘and a member of a uniformed service’’ SEC. 2302. ADJUSTMENT OF LIMITATION ON many United States citizens; and inserting ‘‘, a member of a uniformed TOTAL ANNUAL COMPENSATION. (B) as a condition of some of those sup- service, and a student who provides vol- Section 5307(a) of title 5, United States ports, many of those citizens have an obliga- untary services under section 3111’’. Code, is amended by adding at the end the tion to seek either compensated or uncom- (b) TECHNICAL AND CONFORMING AMEND- following: pensated employment in the Federal sector; MENT.—Section 3111(c)(1) of title 5, United ‘‘(3) Notwithstanding paragraph (1), the and States Code, is amended by striking ‘‘chap- total payment referred to under such para- (C) it is in the United States national in- ter 81 of this title’’ and inserting ‘‘section graph with respect to an employee paid terest to maximize the return to the Nation 7905 (relating to commuting by means other under section 5372, 5376, or 5383 of title 5 or of funds invested in the development of such than single-occupancy motor vehicles), chap- section 332(f), 603, or 604 of title 28 shall not citizens by seeking to employ them in the ter 81’’. exceed the total annual compensation pay- Federal sector. TITLE XXIII—REFORMS RELATING TO THE able to the Vice President under section 104 (2) POLICY.—It shall be the policy of the SENIOR EXECUTIVE SERVICE of title 3. Regulations prescribed under sub- United States Government to— section (c) may extend the application of SEC. 2301. REPEAL OF RECERTIFICATION RE- (A) establish procedures for ensuring that QUIREMENTS OF SENIOR EXECU- this paragraph to other equivalent cat- United States citizens who have incurred TIVES. egories of employees.’’. service obligations as the result of receiving (a) IN GENERAL.—Title 5, United States TITLE XXIV—ACADEMIC TRAINING financial support for education and training Code, is amended— SEC. 2401. ACADEMIC TRAINING. from the United States Government and (1) in chapter 33— (a) ACADEMIC DEGREE TRAINING.—Section have applied for Federal positions are con- (A) in section 3393(g) by striking ‘‘3393a,’’; 4107 of title 5, United States Code, is amend- sidered in all recruitment and hiring initia- (B) by repealing section 3393a; and ed to read as follows: tives of Federal departments, bureaus, agen- (C) in the table of sections by striking the cies, and offices; and item relating to section 3393a; ‘‘§ 4107. Academic degree training (B) advertise and open all Federal posi- (2) in chapter 35— ‘‘(a) Subject to subsection (b), an agency tions to United States citizens who have in- (A) in section 3592(a)— may select and assign an employee to aca- curred service obligations with the United (i) in paragraph (1), by inserting ‘‘or’’ at demic degree training and may pay or reim- States Government as the result of receiving the end; burse the costs of academic degree training financial support for education and training (ii) in paragraph (2), by striking ‘‘or’’ at from appropriated or other available funds if from the United States Government. the end; such training— (b) FULFILLMENT OF SERVICE REQUIREMENT (iii) by striking paragraph (3); and ‘‘(1) contributes significantly to— IF NATIONAL SECURITY POSITIONS ARE UN- (iv) by striking the last sentence; ‘‘(A) meeting an identified agency training AVAILABLE.— Section 802(b)(2) of the David L. (B) in section 3593(a), by striking para- need; Boren National Security Education Act of graph (2) and inserting the following: ‘‘(B) resolving an identified agency staffing 1991 (50 U.S.C. 1902) is amended— ‘‘(2) the appointee left the Senior Execu- problem; or (1) in subparagraph (A), by striking clause tive Service for reasons other than mis- ‘‘(C) accomplishing goals in the strategic (ii) and inserting the following: conduct, neglect of duty, malfeasance, or plan of the agency; ‘‘(ii) if the recipient demonstrates to the less than fully successful executive perform- ‘‘(2) is part of a planned, systematic, and Secretary (in accordance with such regula- ance as determined under subchapter II of coordinated agency employee development tions) that no national security position in chapter 43.’’; and program linked to accomplishing the stra- an agency or office of the Federal Govern- (C) in section 3594(b)— tegic goals of the agency; and ment having national security responsibil- (i) in paragraph (1), by inserting ‘‘or’’ at ‘‘(3) is accredited and is provided by a col- ities is available, work in other offices or the end; lege or university that is accredited by a na- agencies of the Federal Government or in the (ii) in paragraph (2), by striking ‘‘or’’ at tionally recognized body. field of higher education in a discipline re- the end; and ‘‘(b) In exercising authority under sub- lating to the foreign country, foreign lan- (iii) by striking paragraph (3); section (a), an agency shall— guage, area study, or international field of (3) in section 7701(c)(1)(A), by striking ‘‘or ‘‘(1) consistent with the merit system prin- study for which the scholarship was awarded, removal from the Senior Executive Service ciples set forth in paragraphs (2) and (7) of for a period specified by the Secretary, which for failure to be recertified under section section 2301(b), take into consideration the period shall be determined in accordance 3393a’’; need to— with clause (i); or’’; and S9638 CONGRESSIONAL RECORD — SENATE September 30, 2002 (2) in subparagraph (B), by striking clause mote electronic Government services and ‘‘(ii) the information necessary to perform (ii) and inserting the following: processes by establishing an Administrator the mission; ‘‘(ii) if the recipient demonstrates to the of a new Office of Electronic Government ‘‘(iii) the technologies necessary to per- Secretary (in accordance with such regula- within the Office of Management and Budg- form the mission; and tions) that no national security position is et. ‘‘(iv) the transitional processes for imple- available upon the completion of the degree, (2) To promote use of the Internet and menting new technologies in response to work in other offices or agencies of the Fed- other information technologies to provide changing mission needs; and eral Government or in the field of higher increased opportunities for citizen participa- ‘‘(B) includes— education in a discipline relating to the for- tion in Government. ‘‘(i) a baseline architecture; eign country, foreign language, area study, (3) To promote interagency collaboration ‘‘(ii) a target architecture; and or international field of study for which the in providing electronic Government services, ‘‘(iii) a sequencing plan; fellowship was awarded, for a period speci- where this collaboration would improve the ‘‘(5) ‘Fund’ means the E-Government Fund fied by the Secretary, which period shall be service to citizens by integrating related established under section 3604; established in accordance with clause (i); functions, and in the use of internal elec- ‘‘(6) ‘interoperability’ means the ability of and’’. tronic Government processes, where this col- different operating and software systems, ap- SEC. 2403. COMPENSATORY TIME OFF FOR TRAV- laboration would improve the efficiency and plications, and services to communicate and EL. effectiveness of the processes. exchange data in an accurate, effective, and Subchapter V of chapter 55 of title 5, (4) To improve the ability of the Govern- consistent manner; United States Code, is amended by adding at ment to achieve agency missions and pro- ‘‘(7) ‘integrated service delivery’ means the end the following: gram performance goals. provision of Internet-based Federal Govern- ‘‘§ 5550b. Compensatory time off for travel (5) To promote the use of the Internet and ment information or services integrated ac- emerging technologies within and across cording to function or topic rather than sep- ‘‘(a) An employee shall receive 1 hour of Government agencies to provide citizen-cen- arated according to the boundaries of agency compensatory time off for each hour spent tric Government information and services. jurisdiction; and by the employee in travel status away from (6) To reduce costs and burdens for busi- ‘‘(8) ‘tribal government’ means the gov- the official duty station of the employee, to nesses and other Government entities. erning body of any Indian tribe, band, na- the extent that the time spent in travel sta- (7) To promote better informed decision- tion, or other organized group or commu- tus is not otherwise compensable. ‘‘(b) Not later than 30 days after the date of making by policy makers. nity, including any Alaska Native village or enactment of this section, the Office of Per- (8) To promote access to high quality Gov- regional or village corporation as defined in sonnel Management shall prescribe regula- ernment information and services across or established pursuant to the Alaska Native tions to implement this section.’’. multiple channels. Claims Settlement Act (43 U.S.C. 1601 et (9) To make the Federal Government more seq.), which is recognized as eligible for the DIVISION D—E-GOVERNMENT ACT OF 2002 transparent and accountable. special programs and services provided by TITLE XXX—SHORT TITLE; FINDINGS AND (10) To transform agency operations by uti- the United States to Indians because of their PURPOSES lizing, where appropriate, best practices status as Indians. SEC. 3001. SHORT TITLE. from public and private sector organizations. ‘‘§ 3602. Office of Electronic Government This division may be cited as the ‘‘E-Gov- (11) To provide enhanced access to Govern- ‘‘(a) There is established in the Office of ernment Act of 2002’’. ment information and services in a manner Management and Budget an Office of Elec- SEC. 3002. FINDINGS AND PURPOSES. consistent with laws regarding protection of tronic Government. (a) FINDINGS.—Congress finds the fol- personal privacy, national security, records ‘‘(b) There shall be at the head of the Office lowing: retention, access for persons with disabil- an Administrator who shall be appointed by (1) The use of computers and the Internet ities, and other relevant laws. the President, by and with the advice and is rapidly transforming societal interactions TITLE XXXI—OFFICE OF MANAGEMENT consent of the Senate. and the relationships among citizens, private AND BUDGET ELECTRONIC GOVERN- ‘‘(c) The Administrator shall assist the Di- businesses, and the Government. MENT SERVICES rector in carrying out— (2) The Federal Government has had un- SEC. 3101. MANAGEMENT AND PROMOTION OF ‘‘(1) all functions under this chapter; even success in applying advances in infor- ELECTRONIC GOVERNMENT SERV- ‘‘(2) all of the functions assigned to the Di- mation technology to enhance governmental ICES. rector under title XXXII of the E-Govern- functions and services, achieve more effi- (a) IN GENERAL.—Title 44, United States ment Act of 2002; and cient performance, increase access to Gov- Code, is amended by inserting after chapter ‘‘(3) other electronic government initia- ernment information, and increase citizen 35 the following: tives, consistent with other statutes. participation in Government. ‘‘CHAPTER 36—MANAGEMENT AND PRO- ‘‘(d) The Administrator shall assist the Di- (3) Most Internet-based services of the Fed- MOTION OF ELECTRONIC GOVERNMENT rector and the Deputy Director for Manage- eral Government are developed and pre- SERVICES ment and work with the Administrator of sented separately, according to the jurisdic- the Office of Information and Regulatory Af- ‘‘Sec. tional boundaries of an individual depart- fairs in setting strategic direction for imple- ‘‘3601. Definitions. ment or agency, rather than being inte- menting electronic Government, under rel- ‘‘3602. Office of Electronic Government. grated cooperatively according to function evant statutes, including— ‘‘3603. Chief Information Officers Council. or topic. ‘‘(1) chapter 35; ‘‘3604. E-Government Fund. (4) Internet-based Government services in- ‘‘(2) division E of the Clinger-Cohen Act of ‘‘3605. E-Government report. volving interagency cooperation are espe- 1996 (division E of Public Law 104–106; 40 cially difficult to develop and promote, in ‘‘§ 3601. Definitions U.S.C. 1401 et seq.); part because of a lack of sufficient funding ‘‘In this chapter, the definitions under sec- ‘‘(3) section 552a of title 5 (commonly re- mechanisms to support such interagency co- tion 3502 shall apply, and the term— ferred to as the Privacy Act); operation. ‘‘(1) ‘Administrator’ means the Adminis- ‘‘(4) the Government Paperwork Elimi- (5) Electronic Government has its impact trator of the Office of Electronic Govern- nation Act (44 U.S.C. 3504 note); through improved Government performance ment established under section 3602; ‘‘(5) the Government Information Security and outcomes within and across agencies. ‘‘(2) ‘Council’ means the Chief Information Reform Act; and (6) Electronic Government is a critical ele- Officers Council established under section ‘‘(6) the Computer Security Act of 1987 (40 ment in the management of Government, to 3603; U.S.C. 759 note). be implemented as part of a management ‘‘(3) ‘electronic Government’ means the use ‘‘(e) The Administrator shall work with framework that also addresses finance, pro- by the Government of web-based Internet ap- the Administrator of the Office of Informa- curement, human capital, and other chal- plications and other information tech- tion and Regulatory Affairs and with other lenges to improve the performance of Gov- nologies, combined with processes that im- offices within the Office of Management and ernment. plement these technologies, to— Budget to oversee implementation of elec- (7) To take full advantage of the improved ‘‘(A) enhance the access to and delivery of tronic Government under this chapter, chap- Government performance that can be Government information and services to the ter 35, the E-Government Act of 2002, and achieved through the use of Internet-based public, other agencies, and other Govern- other relevant statutes, in a manner con- technology requires strong leadership, better ment entities; or sistent with law, relating to— organization, improved interagency collabo- ‘‘(B) bring about improvements in Govern- ‘‘(1) capital planning and investment con- ration, and more focused oversight of agency ment operations that may include effective- trol for information technology; compliance with statutes related to informa- ness, efficiency, service quality, or trans- ‘‘(2) the development of enterprise archi- tion resource management. formation; tectures; (b) PURPOSES.—The purposes of this divi- ‘‘(4) ‘enterprise architecture’— ‘‘(3) information security; sion are the following: ‘‘(A) means— ‘‘(4) privacy; (1) To provide effective leadership of Fed- ‘‘(i) a strategic information asset base, ‘‘(5) access to, dissemination of, and preser- eral Government efforts to develop and pro- which defines the mission; vation of Government information; September 30, 2002 CONGRESSIONAL RECORD — SENATE S9639 ‘‘(6) accessibility of information tech- ‘‘(I) for electronic Government manage- ‘‘(6) The chief information officer of the nology for persons with disabilities; and ment and Government information tech- Department of the Army, the Department of ‘‘(7) other areas of electronic Government. nology contracts; and the Navy, and the Department of the Air ‘‘(f) Subject to requirements of this chap- ‘‘(II) that may be developed through fo- Force, if chief information officers have been ter, the Administrator shall assist the Direc- cused discussions or using separately spon- designated for such departments under sec- tor by performing electronic Government sored research; tion 3506(a)(2)(B). functions as follows: ‘‘(ii) identification of opportunities for ‘‘(7) Any other officer or employee of the ‘‘(1) Advise the Director on the resources public-private collaboration in using Inter- United States designated by the chairperson. required to develop and effectively operate net-based technology to increase the effi- ‘‘(c)(1) The Administrator of the Office of and maintain Federal Government informa- ciency of Government-to-business trans- Electronic Government shall lead the activi- tion systems. actions; ties of the Council on behalf of the Deputy ‘‘(2) Recommend to the Director changes ‘‘(iii) identification of mechanisms for pro- Director for Management. relating to Governmentwide strategies and viding incentives to program managers and ‘‘(2)(A) The Vice Chairman of the Council priorities for electronic Government. other Government employees to develop and shall be selected by the Council from among ‘‘(3) Provide overall leadership and direc- implement innovative uses of information its members. tion to the executive branch on electronic technologies; and ‘‘(B) The Vice Chairman shall serve a 1- Government by working with authorized of- ‘‘(iv) identification of opportunities for year term, and may serve multiple terms. ficials to establish information resources public, private, and intergovernmental col- ‘‘(3) The Administrator of General Services management policies and requirements, and laboration in addressing the disparities in shall provide administrative and other sup- by reviewing performance of each agency in access to the Internet and information tech- port for the Council. acquiring, using, and managing information nology. ‘‘(d) The Council is designated the prin- resources. ‘‘(10) Sponsor activities to engage the gen- cipal interagency forum for improving agen- ‘‘(4) Promote innovative uses of informa- eral public in the development and imple- cy practices related to the design, acquisi- tion technology by agencies, particularly mentation of policies and programs, particu- tion, development, modernization, use, oper- initiatives involving multiagency collabora- larly activities aimed at fulfilling the goal of ation, sharing, and performance of Federal tion, through support of pilot projects, re- using the most effective citizen-centered Government information resources. search, experimentation, and the use of inno- strategies and those activities which engage ‘‘(e) In performing its duties, the Council vative technologies. multiple agencies providing similar or re- shall consult regularly with representatives ‘‘(5) Oversee the distribution of funds from, lated information and services. of State, local, and tribal governments. and ensure appropriate administration and ‘‘(11) Oversee the work of the General Serv- ‘‘(f) The Council shall perform functions coordination of, the E-Government Fund es- ices Administration and other agencies in that include the following: tablished under section 3604. developing the integrated Internet-based ‘‘(1) Develop recommendations for the Di- ‘‘(6) Coordinate with the Administrator of system under section 3204 of the E-Govern- rector on Government information resources General Services regarding programs under- ment Act of 2002. management policies and requirements. taken by the General Services Administra- ‘‘(12) Coordinate with the Administrator of ‘‘(2) Share experiences, ideas, best prac- tion to promote electronic government and the Office of Federal Procurement Policy to tices, and innovative approaches related to the efficient use of information technologies ensure effective implementation of elec- information resources management. by agencies. tronic procurement initiatives. ‘‘(3) Assist the Administrator in the identi- ‘‘(7) Lead the activities of the Chief Infor- ‘‘(13) Assist Federal agencies, including the fication, development, and coordination of mation Officers Council established under General Services Administration, the De- multiagency projects and other innovative section 3603 on behalf of the Deputy Director partment of Justice, and the United States initiatives to improve Government perform- for Management, who shall chair the council. Access Board in— ance through the use of information tech- ‘‘(8) Assist the Director in establishing ‘‘(A) implementing accessibility standards nology. policies which shall set the framework for under section 508 of the Rehabilitation Act ‘‘(4) Promote the development and use of information technology standards for the of 1973 (29 U.S.C. 794d); and common performance measures for agency Federal Government under section 5131 of ‘‘(B) ensuring compliance with those stand- information resources management under the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), ards through the budget review process and this chapter and title XXXII of the E-Gov- to be developed by the National Institute of other means. ernment Act of 2002. Standards and Technology and promulgated ‘‘(14) Oversee the development of enter- ‘‘(5) Work as appropriate with the National by the Secretary of Commerce, taking into prise architectures within and across agen- Institute of Standards and Technology and account, if appropriate, recommendations of cies. the Administrator to develop recommenda- the Chief Information Officers Council, ex- ‘‘(15) Assist the Director and the Deputy tions on information technology standards perts, and interested parties from the private Director for Management in overseeing agen- developed under section 20 of the National and nonprofit sectors and State, local, and cy efforts to ensure that electronic Govern- Institute of Standards and Technology Act tribal governments, and maximizing the use ment activities incorporate adequate, risk- (15 U.S.C. 278g–3) and promulgated under sec- of commercial standards as appropriate, as based, and cost-effective security compatible tion 5131 of the Clinger-Cohen Act of 1996 (40 follows: with business processes. U.S.C. 1441), as follows: ‘‘(A) Standards and guidelines for ‘‘(16) Administer the Office of Electronic ‘‘(A) Standards and guidelines for interconnectivity and interoperability as de- Government established under section 3602. interconnectivity and interoperability as de- scribed under section 3504. ‘‘(17) Assist the Director in preparing the scribed under section 3504. ‘‘(B) Consistent with the process under sec- E-Government report established under sec- ‘‘(B) Consistent with the process under sec- tion 3207(d) of the E-Government Act of 2002, tion 3605. tion 3207(d) of the E-Government Act of 2002, standards and guidelines for categorizing ‘‘(g) The Director shall ensure that the Of- standards and guidelines for categorizing Federal Government electronic information fice of Management and Budget, including Federal Government electronic information to enable efficient use of technologies, such the Office of Electronic Government, the Of- to enable efficient use of technologies, such as through the use of extensible markup lan- fice of Information and Regulatory Affairs, as through the use of extensible markup lan- guage. and other relevant offices, have adequate guage. ‘‘(C) Standards and guidelines for Federal staff and resources to properly fulfill all ‘‘(C) Standards and guidelines for Federal Government computer system efficiency and functions under the E-Government Act of Government computer system efficiency and security. 2002. security. ‘‘(9) Sponsor ongoing dialogue that— ‘‘§ 3603. Chief Information Officers Council ‘‘(6) Work with the Office of Personnel Management to assess and address the hir- ‘‘(A) shall be conducted among Federal, ‘‘(a) There is established in the executive ing, training, classification, and professional State, local, and tribal government leaders branch a Chief Information Officers Council. on electronic Government in the executive, ‘‘(b) The members of the Council shall be development needs of the Government re- legislative, and judicial branches, as well as as follows: lated to information resources management. leaders in the private and nonprofit sectors, ‘‘(1) The Deputy Director for Management ‘‘(7) Work with the Archivist of the United to encourage collaboration and enhance un- of the Office of Management and Budget, States to assess how the Federal Records Act derstanding of best practices and innovative who shall act as chairperson of the Council. can be addressed effectively by Federal infor- approaches in acquiring, using, and man- ‘‘(2) The Administrator of the Office of mation resources management activities. aging information resources; Electronic Government. ‘‘§ 3604. E-Government Fund ‘‘(B) is intended to improve the perform- ‘‘(3) The Administrator of the Office of In- ‘‘(a)(1) There is established in the Treasury ance of governments in collaborating on the formation and Regulatory Affairs. of the United States the E-Government use of information technology to improve ‘‘(4) The chief information officer of each Fund. the delivery of Government information and agency described under section 901(b) of title ‘‘(2) The Fund shall be administered by the services; and 31. Administrator of the General Services Ad- ‘‘(C) may include— ‘‘(5) The chief information officer of the ministration to support projects approved by ‘‘(i) development of innovative models— Central Intelligence Agency. the Director, assisted by the Administrator S9640 CONGRESSIONAL RECORD — SENATE September 30, 2002

of the Office of Electronic Government, that ‘‘(2) may also rank proposals based on cri- (b) TECHNICAL AND CONFORMING AMEND- enable the Federal Government to expand its teria that include whether a proposal— MENT.—The table of chapters for title 44, ability, through the development and imple- ‘‘(A) has Governmentwide application or United States Code, is amended by inserting mentation of innovative uses of the Internet implications; after the item relating to chapter 35 the fol- or other electronic methods, to conduct ac- ‘‘(B) has demonstrated support by the pub- lowing: tivities electronically. lic to be served; ‘‘36. Management and Promotion of ‘‘(3) Projects under this subsection may in- ‘‘(C) integrates Federal with State, local, Electronic Government Services .. 3601’’. clude efforts to— or tribal approaches to service delivery; SEC. 3102. CONFORMING AMENDMENTS. ‘‘(D) identifies resource commitments from ‘‘(A) make Federal Government informa- (a) ELECTRONIC GOVERNMENT AND INFORMA- nongovernmental sectors; tion and services more readily available to TION TECHNOLOGIES.— ‘‘(E) identifies resource commitments from members of the public (including individuals, (1) IN GENERAL.—Chapter 3 of title 40, businesses, grantees, and State and local the agencies involved; United States Code, is amended by inserting governments); ‘‘(F) uses web-based technologies to after section 304 the following: ‘‘(B) make it easier for the public to apply achieve objectives; ‘‘SEC. 305. ELECTRONIC GOVERNMENT AND IN- for benefits, receive services, pursue business ‘‘(G) identifies records management and FORMATION TECHNOLOGIES. opportunities, submit information, and oth- records access strategies; ‘‘The Administrator of General Services erwise conduct transactions with the Federal ‘‘(H) supports more effective citizen par- shall consult with the Administrator of the Government; and ticipation in and interaction with agency ac- Office of Electronic Government on pro- ‘‘(C) enable Federal agencies to take ad- tivities that further progress toward a more grams undertaken by the General Services vantage of information technology in shar- citizen-centered Government; Administration to promote electronic Gov- ing information and conducting transactions ‘‘(I) directly delivers Government informa- ernment and the efficient use of information with each other and with State and local tion and services to the public or provides technologies by Federal agencies.’’. governments. the infrastructure for delivery; (2) TECHNICAL AND CONFORMING AMEND- ‘‘(J) supports integrated service delivery; ‘‘(b)(1) The Administrator shall— MENT.—The table of sections for chapter 5 of ‘‘(A) establish procedures for accepting and ‘‘(K) describes how business processes title 40, United States Code, is amended by reviewing proposals for funding; across agencies will reflect appropriate inserting after the item relating to section ‘‘(B) consult with interagency councils, in- transformation simultaneous to technology 304 the following: cluding the Chief Information Officers Coun- implementation; and ‘‘Sec. 305. Electronic Government and infor- cil, the Chief Financial Officers Council, and ‘‘(L) is new or innovative and does not sup- mation technologies.’’. other interagency management councils, in plant existing funding streams within agen- establishing procedures and reviewing pro- cies. (b) MODIFICATION OF DEPUTY DIRECTOR FOR posals; and ‘‘(d) The Fund may be used to fund the in- MANAGEMENT FUNCTIONS.—Section 503(b) of ‘‘(C) assist the Director in coordinating re- tegrated Internet-based system under sec- title 31, United States Code, is amended— sources that agencies receive from the Fund tion 3204 of the E-Government Act of 2002. (1) by redesignating paragraphs (5), (6), (7), with other resources available to agencies ‘‘(e) None of the funds provided from the (8), and (9), as paragraphs (6), (7), (8), (9), and for similar purposes. Fund may be transferred to any agency until (10), respectively; and ‘‘(2) When reviewing proposals and man- 15 days after the Administrator of the Gen- (2) by inserting after paragraph (4) the fol- eral Services Administration has submitted aging the Fund, the Administrator shall ob- lowing: to the Committees on Appropriations of the serve and incorporate the following proce- ‘‘(5) Chair the Chief Information Officers Senate and the House of Representatives, the dures: Council established under section 3603 of Committee on Governmental Affairs of the ‘‘(A) A project requiring substantial in- title 44.’’. Senate, the Committee on Government Re- volvement or funding from an agency shall (c) OFFICE OF ELECTRONIC GOVERNMENT.— form of the House of Representatives, and be approved by a senior official with agency- (1) IN GENERAL.—Chapter 5 of title 31, the appropriate authorizing committees of wide authority on behalf of the head of the United States Code, is amended by inserting the Senate and the House of Representatives, agency, who shall report directly to the head after section 506 the following: a notification and description of how the of the agency. ‘‘§ 507. Office of Electronic Government funds are to be allocated and how the ex- ‘‘(B) Projects shall adhere to fundamental penditure will further the purposes of this ‘‘The Office of Electronic Government, es- capital planning and investment control chapter. tablished under section 3602 of title 44, is an processes. ‘‘(f)(1) The Director shall report annually office in the Office of Management and Budg- ‘‘(C) Agencies shall identify in their pro- to Congress on the operation of the Fund, et.’’. posals resource commitments from the agen- through the report established under section (2) TECHNICAL AND CONFORMING AMEND- cies involved and how these resources would 3605. MENT.—The table of sections for chapter 5 of be coordinated with support from the Fund, ‘‘(2) The report under paragraph (1) shall title 31, United States Code, is amended by and include plans for potential continuation describe— inserting after the item relating to section of projects after all funds made available ‘‘(A) all projects which the Director has ap- 506 the following: from the Fund are expended. proved for funding from the Fund; and ‘‘507. Office of Electronic Government.’’. ‘‘(D) After considering the recommenda- ‘‘(B) the results that have been achieved to tions of the interagency councils, the Direc- TITLE XXXII—FEDERAL MANAGEMENT date for these funded projects. AND PROMOTION OF ELECTRONIC GOV- tor, assisted by the Administrator, shall ‘‘(g)(1) There are authorized to be appro- ERNMENT SERVICES have final authority to determine which of priated to the Fund— the candidate projects shall be funded from ‘‘(A) $45,000,000 for fiscal year 2003; SEC. 3201. DEFINITIONS. the Fund. ‘‘(B) $50,000,000 for fiscal year 2004; Except as otherwise provided, in this title ‘‘(E) Agencies shall assess the results of ‘‘(C) $100,000,000 for fiscal year 2005; the definitions under sections 3502 and 3601 of funded projects. ‘‘(D) $150,000,000 for fiscal year 2006; and title 44, United States Code, shall apply. ‘‘(c) In determining which proposals to rec- ‘‘(E) such sums as are necessary for fiscal SEC. 3202. FEDERAL AGENCY RESPONSIBILITIES. ommend for funding, the Administrator— year 2007. (a) IN GENERAL.—The head of each agency ‘‘(1) shall consider criteria that include ‘‘(2) Funds appropriated under this sub- shall be responsible for— whether a proposal— section shall remain available until ex- (1) complying with the requirements of ‘‘(A) identifies the group to be served, in- pended. this division (including the amendments cluding citizens, businesses, the Federal Gov- ‘‘§ 3605. E-Government report made by this Act), the related information ernment, or other governments; ‘‘(a) Not later than March 1 of each year, resource management policies and guidance ‘‘(B) indicates what service or information the Director shall submit an E-Government established by the Director of the Office of the project will provide that meets needs of status report to the Committee on Govern- Management and Budget, and the related in- groups identified under subparagraph (A); mental Affairs of the Senate and the Com- formation technology standards promulgated ‘‘(C) ensures proper security and protects mittee on Government Reform of the House by the Secretary of Commerce; privacy; of Representatives. (2) ensuring that the information resource ‘‘(D) is interagency in scope, including ‘‘(b) The report under subsection (a) shall management policies and guidance estab- projects implemented by a primary or single contain— lished under this division by the Director, agency that— ‘‘(1) a summary of the information re- and the information technology standards ‘‘(i) could confer benefits on multiple agen- ported by agencies under section 3202(f) of promulgated under this division by the Sec- cies; and the E-Government Act of 2002; retary of Commerce are communicated ‘‘(ii) have the support of other agencies; ‘‘(2) the information required to be re- promptly and effectively to all relevant offi- and ported by section 3604(f); and cials within their agency; and ‘‘(E) has performance objectives that tie to ‘‘(3) a description of compliance by the (3) supporting the efforts of the Director agency missions and strategic goals, and in- Federal Government with other goals and and the Administrator of the General Serv- terim results that relate to the objectives; provisions of the E-Government Act of ices Administration to develop, maintain, and 2002.’’. and promote an integrated Internet-based September 30, 2002 CONGRESSIONAL RECORD — SENATE S9641 system of delivering Federal Government in- (C) which addresses any section in this ment, and promotion of the integrated Inter- formation and services to the public under title relevant to that agency. net-based system for fiscal year 2003, and section 3204. (h) USE OF TECHNOLOGY.—Nothing in this such sums as are necessary for fiscal years (b) PERFORMANCE INTEGRATION.— division supersedes the responsibility of an 2004 through 2007. (1) Agencies shall develop performance agency to use or manage information tech- SEC. 3205. FEDERAL COURTS. measures that demonstrate how electronic nology to deliver Government information (a) INDIVIDUAL COURT WEBSITES.—The Chief government enables progress toward agency and services that fulfill the statutory mis- Justice of the United States, the chief judge objectives, strategic goals, and statutory sion and programs of the agency. of each circuit and district, and the chief mandates. (i) NATIONAL SECURITY SYSTEMS.— bankruptcy judge of each district shall es- (2) In measuring performance under this (1) INAPPLICABILITY.—Except as provided tablish with respect to the Supreme Court or section, agencies shall rely on existing data under paragraph (2), this title does not apply the respective court of appeals, district, or collections to the extent practicable. to national security systems as defined in bankruptcy court of a district, a website (3) Areas of performance measurement that section 11103 of title 40, United States Code. that contains the following information or agencies should consider include— (2) APPLICABILITY.—Sections 3202, 3203, links to websites with the following informa- (A) customer service; 3210, and 3214 of this title do apply to na- tion: (B) agency productivity; and tional security systems to the extent prac- (1) Location and contact information for (C) adoption of innovative information ticable and consistent with law. the courthouse, including the telephone technology, including the appropriate use of SEC. 3203. COMPATIBILITY OF EXECUTIVE AGEN- numbers and contact names for the clerk’s commercial best practices. CY METHODS FOR USE AND ACCEPT- (4) Agencies shall link their performance office and justices’ or judges’ chambers. ANCE OF ELECTRONIC SIGNATURES. (2) Local rules and standing or general or- goals to key groups, including citizens, busi- (a) PURPOSE.—The purpose of this section nesses, and other governments, and to inter- ders of the court. is to achieve interoperable implementation (3) Individual rules, if in existence, of each nal Federal Government operations. of electronic signatures for appropriately se- (5) As appropriate, agencies shall work col- justice or judge in that court. cure electronic transactions with Govern- (4) Access to docket information for each lectively in linking their performance goals ment. to groups identified under paragraph (4) and case. (b) ELECTRONIC SIGNATURES.—In order to (5) Access to the substance of all written shall use information technology in deliv- fulfill the objectives of the Government Pa- ering Government information and services opinions issued by the court, regardless of perwork Elimination Act (Public Law 105– whether such opinions are to be published in to those groups. 277; 112 Stat. 2681–749 through 2681–751), each (c) AVOIDING DIMINISHED ACCESS.—When the official court reporter, in a text search- promulgating policies and implementing pro- Executive agency (as defined under section able format. grams regarding the provision of Govern- 105 of title 5, United States Code) shall en- (6) Access to all documents filed with the ment information and services over the sure that its methods for use and acceptance courthouse in electronic form, described Internet, agency heads shall consider the im- of electronic signatures are compatible with under subsection (c). pact on persons without access to the Inter- the relevant policies and procedures issued (7) Any other information (including forms net, and shall, to the extent practicable— by the Director. in a format that can be downloaded) that the (1) ensure that the availability of Govern- (c) AUTHORITY FOR ELECTRONIC SIGNA- court determines useful to the public. ment information and services has not been TURES.—The Administrator of General Serv- (b) MAINTENANCE OF DATA ONLINE.— diminished for individuals who lack access ices shall support the Director by estab- (1) UPDATE OF INFORMATION.—The informa- to the Internet; and lishing a framework to allow efficient inter- tion and rules on each website shall be up- (2) pursue alternate modes of delivery that operability among Executive agencies when dated regularly and kept reasonably current. make Government information and services using electronic signatures, including proc- (2) CLOSED CASES.—Electronic files and more accessible to individuals who do not essing of digital signatures. docket information for cases closed for more own computers or lack access to the Inter- (d) AUTHORIZATION OF APPROPRIATIONS.— than 1 year are not required to be made net. There are authorized to be appropriated to available online, except all written opinions (d) ACCESSIBILITY TO PEOPLE WITH DISABIL- the General Services Administration, to en- with a date of issuance after the effective ITIES.—All actions taken by Federal depart- sure the development and operation of a Fed- date of this section shall remain available ments and agencies under this division shall eral bridge certification authority for digital online. be in compliance with section 508 of the Re- signature compatibility, or for other activi- (c) ELECTRONIC FILINGS.— habilitation Act of 1973 (29 U.S.C. 794d). ties consistent with this section, $8,000,000 in (1) IN GENERAL.—Except as provided under (e) SPONSORED ACTIVITIES.—Agencies shall fiscal year 2003, and such sums as are nec- paragraph (2), each court shall make any sponsor activities that use information tech- essary for each fiscal year thereafter. document that is filed electronically pub- nology to engage the public in the develop- SEC. 3204. FEDERAL INTERNET PORTAL. licly available online. A court may convert ment and implementation of policies and (a) IN GENERAL.— any document that is filed in paper form to programs. (1) PUBLIC ACCESS.—The Director shall electronic form. To the extent such conver- (f) CHIEF INFORMATION OFFICERS.—The Chief Information Officer of each of the work with the Administrator of the General sions are made, all such electronic versions agencies designated under chapter 36 of title Services Administration and other agencies of the document shall be made available on- 44, United States Code (as added by this Act) to maintain and promote an integrated line. shall be responsible for— Internet-based system of providing the pub- (2) EXCEPTIONS.—Documents that are filed (1) participating in the functions of the lic with access to Government information that are not otherwise available to the pub- Chief Information Officers Council; and and services. lic, such as documents filed under seal, shall (2) monitoring the implementation, within (2) CRITERIA.—To the extent practicable, not be made available online. their respective agencies, of information the integrated system shall be designed and (3) PRIVACY AND SECURITY CONCERNS.—The technology standards promulgated under operated according to the following criteria: Judicial Conference of the United States this division by the Secretary of Commerce, (A) The provision of Internet-based Gov- may promulgate rules under this subsection including common standards for ernment information and services directed to protect important privacy and security interconnectivity and interoperability, cat- to key groups, including citizens, business, concerns. egorization of Federal Government elec- and other governments, and integrated ac- (d) DOCKETS WITH LINKS TO DOCUMENTS.— tronic information, and computer system ef- cording to function or topic rather than sep- The Judicial Conference of the United States ficiency and security. arated according to the boundaries of agency shall explore the feasibility of technology to (g) E-GOVERNMENT STATUS REPORT.— jurisdiction. post online dockets with links allowing all (1) IN GENERAL.—Each agency shall compile (B) An ongoing effort to ensure that Inter- filings, decisions, and rulings in each case to and submit to the Director an annual E-Gov- net-based Government services relevant to a be obtained from the docket sheet of that ernment Status Report on— given citizen activity are available from a case. (A) the status of the implementation by single point. (e) COST OF PROVIDING ELECTRONIC DOCK- the agency of electronic government initia- (C) Access to Federal Government informa- ETING INFORMATION.—Section 303(a) of the tives; tion and services consolidated, as appro- Judiciary Appropriations Act, 1992 (28 U.S.C. (B) compliance by the agency with this priate, with Internet-based information and 1913 note) is amended in the first sentence by Act; and services provided by State, local, and tribal striking ‘‘shall hereafter’’ and inserting (C) how electronic Government initiatives governments. ‘‘may, only to the extent necessary,’’. of the agency improve performance in deliv- (D) Access to Federal Government infor- (f) TIME REQUIREMENTS.—Not later than 2 ering programs to constituencies. mation held by 1 or more agencies shall be years after the effective date of this title, (2) SUBMISSION.—Each agency shall submit made available in a manner that protects the websites under subsection (a) shall be es- an annual report under this subsection— privacy, consistent with law. tablished, except that access to documents (A) to the Director at such time and in (b) AUTHORIZATION OF APPROPRIATIONS.— filed in electronic form shall be established such manner as the Director requires; There are authorized to be appropriated to not later than 4 years after that effective (B) consistent with related reporting re- the General Services Administration date. quirements; and $15,000,000 for the maintenance, improve- (g) DEFERRAL.— S9642 CONGRESSIONAL RECORD — SENATE September 30, 2002

(1) IN GENERAL.— the Director and reported to Congress in the (ii) in ways that are interoperable across (A) ELECTION.— first annual report under section 3605 of title agencies; and (i) NOTIFICATION.—The Chief Justice of the 44 (as added by this Act). (iii) that are, as appropriate, consistent United States, a chief judge, or chief bank- SEC. 3207. ACCESSIBILITY, USABILITY, AND PRES- with the standards promulgated by the Sec- ruptcy judge may submit a notification to ERVATION OF GOVERNMENT INFOR- retary of Commerce under section 3602(f)(8) the Administrative Office of the United MATION. of title 44, United States Code; States Courts to defer compliance with any (a) PURPOSE.—The purpose of this section (B) defining categories of Government in- requirement of this section with respect to is to improve the methods by which Govern- formation which shall be required to be clas- the Supreme Court, a court of appeals, dis- ment information, including information on sified under the standards; and trict, or the bankruptcy court of a district. the Internet, is organized, preserved, and (C) determining priorities and developing (ii) CONTENTS.—A notification submitted made accessible to the public. schedules for the initial implementation of under this subparagraph shall state— (b) DEFINITIONS.—In this section, the the standards by agencies. (I) the reasons for the deferral; and term— (3) MODIFICATION OF POLICIES.—After the (II) the online methods, if any, or any al- (1) ‘‘Committee’’ means the Interagency submission of agency reports under para- ternative methods, such court or district is Committee on Government Information es- graph (4), the Director shall modify the poli- using to provide greater public access to in- tablished under subsection (c); and cies, as needed, in consultation with the formation. (2) ‘‘directory’’ means a taxonomy of sub- Committee and interested parties. (B) EXCEPTION.—To the extent that the Su- jects linked to websites that— (4) AGENCY FUNCTIONS.—Each agency shall preme Court, a court of appeals, district, or (A) organizes Government information on report annually to the Director, in the re- bankruptcy court of a district maintains a the Internet according to subject matter; port established under section 3202(g), on website under subsection (a), the Supreme and compliance of that agency with the policies Court or that court of appeals or district (B) may be created with the participation issued under paragraph (2)(A). (e) PUBLIC ACCESS TO ELECTRONIC INFORMA- shall comply with subsection (b)(1). of human editors. TION.— (2) REPORT.—Not later than 1 year after (c) INTERAGENCY COMMITTEE.— the effective date of this title, and every (1) COMMITTEE FUNCTIONS.—Not later than 1 (1) ESTABLISHMENT.—Not later than 90 days year after the date of enactment of this Act, year thereafter, the Judicial Conference of after the date of enactment of this title, the the United States shall submit a report to the Committee shall submit recommenda- Director shall establish the Interagency tions to the Director and the Archivist of the the Committees on Governmental Affairs Committee on Government Information. United States on— and the Judiciary of the Senate and the (2) MEMBERSHIP.—The Committee shall be (A) the adoption by agencies of policies and Committees on Government Reform and the chaired by the Director or the designee of procedures to ensure that chapters 21, 25, 27, Judiciary of the House of Representatives the Director and— 29, and 31 of title 44, United States Code, are that— (A) shall include representatives from— applied effectively and comprehensively to (A) contains all notifications submitted to (i) the National Archives and Records Ad- Government information on the Internet and the Administrative Office of the United ministration; to other electronic records; and States Courts under this subsection; and (ii) the offices of the Chief Information Of- (B) the imposition of timetables for the (B) summarizes and evaluates all notifica- ficers from Federal agencies; and implementation of the policies and proce- tions. (iii) other relevant officers from the execu- dures by agencies. SEC. 3206. REGULATORY AGENCIES. tive branch; and (2) FUNCTIONS OF THE ARCHIVIST.—Not later (a) PURPOSES.—The purposes of this section (B) may include representatives from the than 180 days after the submission of rec- are to— Federal legislative and judicial branches. ommendations by the Committee under (1) improve performance in the develop- (3) FUNCTIONS.—The Committee shall— paragraph (1), the Archivist of the United ment and issuance of agency regulations by (A) engage in public consultation to the States shall issue policies— using information technology to increase ac- maximum extent feasible, including con- (A) requiring the adoption by agencies of cess, accountability, and transparency; and sultation with interested communities such policies and procedures to ensure that chap- (2) enhance public participation in Govern- as public advocacy organizations; ters 21, 25, 27, 29, and 31 of title 44, United ment by electronic means, consistent with (B) conduct studies and submit rec- States Code, are applied effectively and com- requirements under subchapter II of chapter ommendations, as provided under this sec- prehensively to Government information on 5 of title 5, United States Code, (commonly tion, to the Director and Congress; and the Internet and to other electronic records; referred to as the Administrative Procedures (C) share effective practices for access to, and Act). dissemination of, and retention of Federal (B) imposing timetables for the implemen- (b) INFORMATION PROVIDED BY AGENCIES ON- information. tation of the policies, procedures, and tech- LINE.—To the extent practicable as deter- (4) TERMINATION.—The Committee may be nologies by agencies. mined by the agency in consultation with terminated on a date determined by the Di- (3) MODIFICATION OF POLICIES.—After the the Director, each agency (as defined under rector, except the Committee may not ter- submission of agency reports under para- section 551 of title 5, United States Code) minate before the Committee submits all graph (4), the Archivist of the United States shall ensure that a publicly accessible Fed- recommendations required under this sec- shall modify the policies, as needed, in con- eral Government website includes all infor- tion. sultation with the Committee and interested mation about that agency required to be (d) CATEGORIZING OF INFORMATION.— parties. published in the Federal Register under sec- (1) COMMITTEE FUNCTIONS.—Not later than 1 (4) AGENCY FUNCTIONS.—Each agency shall tion 552(a)(1) of title 5, United States Code. year after the date of enactment of this Act, report annually to the Director, in the re- (c) SUBMISSIONS BY ELECTRONIC MEANS.—To the Committee shall submit recommenda- port established under section 3202(g), on the extent practicable, agencies shall accept tions to the Director on— compliance of that agency with the policies submissions under section 553(c) of title 5, (A) the adoption of standards, which are issued under paragraph (2)(A). United States Code, by electronic means. open to the maximum extent feasible, to en- (f) AVAILABILITY OF GOVERNMENT INFORMA- (d) ELECTRONIC DOCKETING.— able the organization and categorization of TION ON THE INTERNET.— (1) IN GENERAL.—To the extent practicable, Government information— (1) IN GENERAL.—Not later than 1 year after as determined by the agency in consultation (i) in a way that is searchable electroni- the date of enactment of this Act, each agen- with the Director, agencies shall ensure that cally, including by searchable identifiers; cy shall— a publicly accessible Federal Government and (A) consult with the Committee and solicit website contains electronic dockets for (iii) in ways that are interoperable across public comment; rulemakings under section 553 of title 5, agencies; (B) determine which Government informa- United States Code. (B) the definition of categories of Govern- tion the agency intends to make available (2) INFORMATION AVAILABLE.—Agency elec- ment information which should be classified and accessible to the public on the Internet tronic dockets shall make publicly available under the standards; and and by other means; online to the extent practicable, as deter- (C) determining priorities and developing (C) develop priorities and schedules for mined by the agency in consultation with schedules for the initial implementation of making that Government information avail- the Director— the standards by agencies. able and accessible; (A) all submissions under section 553(c) of (2) FUNCTIONS OF THE DIRECTOR.—Not later (D) make such final determinations, prior- title 5, United States Code; and than 180 days after the submission of rec- ities, and schedules available for public com- (B) other materials that by agency rule or ommendations under paragraph (1), the Di- ment; practice are included in the rulemaking rector shall issue policies— (E) post such final determinations, prior- docket under section 553(c) of title 5, United (A) requiring that agencies use standards, ities, and schedules on the Internet; and States Code, whether or not submitted elec- which are open to the maximum extent fea- (F) submit such final determinations, pri- tronically. sible, to enable the organization and cat- orities, and schedules to the Director, in the (e) TIME LIMITATION.—Agencies shall im- egorization of Government information— report established under section 3202(g). plement the requirements of this section (i) in a way that is searchable electroni- (2) UPDATE.—Each agency shall update de- consistent with a timetable established by cally, including by searchable identifiers; terminations, priorities, and schedules of the September 30, 2002 CONGRESSIONAL RECORD — SENATE S9643 agency, as needed, after consulting with the (A) policies to improve agency reporting of plement citizen-centered electronic Govern- Committee and soliciting public comment, if information for the repository established ment. appropriate. under this subsection; and (b) PRIVACY IMPACT ASSESSMENTS.— (g) ACCESS TO FEDERALLY FUNDED RE- (B) policies to improve dissemination of (1) RESPONSIBILITIES OF AGENCIES.— SEARCH AND DEVELOPMENT.— the results of research performed by Federal (A) IN GENERAL.—An agency shall take ac- (1) DEVELOPMENT AND MAINTENANCE OF GOV- agencies and federally funded research and tions described under subparagraph (B) be- ERNMENTWIDE REPOSITORY AND WEBSITE.— development centers. fore— (A) REPOSITORY AND WEBSITE.—The Direc- (4) FUNCTIONS OF THE DIRECTOR.—After sub- (i) developing or procuring information tor of the National Science Foundation, mission of recommendations by the Com- technology that collects, maintains, or dis- working with the Director of the Office of mittee under paragraph (3), the Director seminates information that includes any Science and Technology Policy and other shall report on the recommendations of the identifier permitting the physical or online relevant agencies, shall ensure the develop- Committee and Director to Congress, in the contacting of a specific individual; or ment and maintenance of— E-Government report under section 3605 of (ii) initiating a new collection of informa- (i) a repository that fully integrates, to the title 44 (as added by this Act). tion that— maximum extent feasible, information about (5) AUTHORIZATION OF APPROPRIATIONS.— (I) will be collected, maintained, or dis- research and development funded by the Fed- There are authorized to be appropriated to seminated using information technology; eral Government, and the repository shall— the National Science Foundation for the de- and (I) include information about research and velopment, maintenance, and operation of (II) includes any identifier permitting the development funded by the Federal Govern- the Governmentwide repository and website physical or online contacting of a specific in- ment and performed by— under this subsection— dividual, if the information concerns 10 or (aa) institutions not a part of the Federal (A) $2,000,000 in each of the fiscal years 2003 more persons. Government, including State, local, and for- through 2005; and (B) AGENCY ACTIVITIES.—To the extent re- eign governments; industrial firms; edu- (B) such sums as are necessary in each of quired under subparagraph (A), each agency cational institutions; not-for-profit organi- the fiscal years 2006 and 2007. shall— zations; federally funded research and devel- (h) PUBLIC DOMAIN DIRECTORY OF PUBLIC (i) conduct a privacy impact assessment; opment center; and private individuals; and FEDERAL GOVERNMENT WEBSITES.— (ii) ensure the review of the privacy impact (bb) entities of the Federal Government, (1) ESTABLISHMENT.—Not later than 2 years assessment by the Chief Information Officer, including research and development labora- after the effective date of this title, the Di- or equivalent official, as determined by the tories, centers, and offices; and rector and each agency shall— head of the agency; and (II) integrate information about each sepa- (A) develop and establish a public domain (iii) if practicable, after completion of the rate research and development task or directory of public Federal Government review under clause (ii), make the privacy award, including— websites; and impact assessment publicly available (aa) the dates upon which the task or (B) post the directory on the Internet with through the website of the agency, publica- award is expected to start and end; a link to the integrated Internet-based sys- tion in the Federal Register, or other means. (bb) a brief summary describing the objec- tem established under section 3204. (C) SENSITIVE INFORMATION.—Subparagraph tive and the scientific and technical focus of (2) DEVELOPMENT.—With the assistance of (B)(iii) may be modified or waived for secu- the task or award; each agency, the Director shall— rity reasons, or to protect classified, sen- (cc) the entity or institution performing (A) direct the development of the directory sitive, or private information contained in the task or award and its contact informa- through a collaborative effort, including an assessment. tion; input from— (D) COPY TO DIRECTOR.—Agencies shall pro- (dd) the total amount of Federal funds ex- (i) agency librarians; vide the Director with a copy of the privacy pected to be provided to the task or award (ii) information technology managers; impact assessment for each system for which over its lifetime and the amount of funds ex- (iii) program managers; funding is requested. pected to be provided in each fiscal year in (iv) records managers; (2) CONTENTS OF A PRIVACY IMPACT ASSESS- which the work of the task or award is ongo- (v) Federal depository librarians; and MENT.— ing; (vi) other interested parties; and (A) IN GENERAL.—The Director shall issue (ee) any restrictions attached to the task (B) develop a public domain taxonomy of guidance to agencies specifying the required or award that would prevent the sharing subjects used to review and categorize public contents of a privacy impact assessment. with the general public of any or all of the Federal Government websites. (B) GUIDANCE.—The guidance shall— information required by this subsection, and (3) UPDATE.—With the assistance of each (i) ensure that a privacy impact assess- the reasons for such restrictions; and agency, the Administrator of the Office of ment is commensurate with the size of the (ff) such other information as may be de- Electronic Government shall— information system being assessed, the sen- termined to be appropriate; and (A) update the directory as necessary, but sitivity of personally identifiable informa- (ii) 1 or more websites upon which all or not less than every 6 months; and tion in that system, and the risk of harm part of the repository of Federal research (B) solicit interested persons for improve- from unauthorized release of that informa- and development shall be made available to ments to the directory. tion; and and searchable by Federal agencies and non- (i) STANDARDS FOR AGENCY WEBSITES.—Not (ii) require that a privacy impact assess- Federal entities, including the general pub- later than 18 months after the effective date ment address— lic, to facilitate— of this title, the Director shall promulgate (I) what information is to be collected; (I) the coordination of Federal research guidance for agency websites that include— (II) why the information is being collected; and development activities; (1) requirements that websites include di- (III) the intended use of the agency of the (II) collaboration among those conducting rect links to— information; Federal research and development; (A) descriptions of the mission and statu- (IV) with whom the information will be (III) the transfer of technology among Fed- tory authority of the agency; shared; eral agencies and between Federal agencies (B) the electronic reading rooms of the (V) what notice or opportunities for con- and non-Federal entities; and agency relating to the disclosure of informa- sent would be provided to individuals regard- (IV) access by policymakers and the public tion under section 552 of title 5, United ing what information is collected and how to information concerning Federal research States Code (commonly referred to as the that information is shared; and development activities. Freedom of Information Act); (VI) how the information will be secured; (B) OVERSIGHT.—The Director of the Office (C) information about the organizational and of Management and Budget shall issue any structure of the agency; and (VII) whether a system of records is being guidance determined necessary to ensure (D) the strategic plan of the agency devel- created under section 552a of title 5, United that agencies provide all information re- oped under section 306 of title 5, United States Code, (commonly referred to as the quested under this subsection. States Code; and Privacy Act). (2) AGENCY FUNCTIONS.—Any agency that (2) minimum agency goals to assist public (3) RESPONSIBILITIES OF THE DIRECTOR.—The funds Federal research and development users to navigate agency websites, includ- Director shall— under this subsection shall provide the infor- ing— (A) develop policies and guidelines for mation required to populate the repository (A) speed of retrieval of search results; agencies on the conduct of privacy impact in the manner prescribed by the Director of (B) the relevance of the results; assessments; the Office of Management and Budget. (C) tools to aggregate and disaggregate (B) oversee the implementation of the pri- (3) COMMITTEE FUNCTIONS.—Not later than data; and vacy impact assessment process throughout 18 months after the date of enactment of this (D) security protocols to protect informa- the Government; and Act, working with the Director of the Office tion. (C) require agencies to conduct privacy im- of Science and Technology Policy, and after SEC. 3208. PRIVACY PROVISIONS. pact assessments of existing information consultation with interested parties, the (a) PURPOSE.—The purpose of this section systems or ongoing collections of personally Committee shall submit recommendations to is to ensure sufficient protections for the pri- identifiable information as the Director de- the Director on— vacy of personal information as agencies im- termines appropriate. S9644 CONGRESSIONAL RECORD — SENATE September 30, 2002

(c) PRIVACY PROTECTIONS ON AGENCY through an interagency group, and working (4) by inserting after subsection (c) the fol- WEBSITES.— with private sector experts, State, local, and lowing: (1) PRIVACY POLICIES ON WEBSITES.— tribal governments, commercial and inter- ‘‘(d) REPORT.— (A) GUIDELINES FOR NOTICES.—The Director national standards groups, and other inter- ‘‘(1) IN GENERAL.—After 5 pilot projects shall develop guidance for privacy notices on ested parties, shall facilitate the develop- have been completed, but no later than 3 agency websites used by the public. ment of common protocols for the develop- years after the effective date of this sub- (B) CONTENTS.—The guidance shall require ment, acquisition, maintenance, distribu- section, the Director shall submit a report that a privacy notice address, consistent tion, and application of geographic informa- on the results of the projects to the Com- with section 552a of title 5, United States tion. If practicable, the Secretary of the In- mittee on Governmental Affairs of the Sen- Code— terior shall incorporate intergovernmental ate and the Committee on Government Re- (i) what information is to be collected; and public private geographic information form of the House of Representatives. (ii) why the information is being collected; partnerships into efforts under this sub- ‘‘(2) CONTENTS.—The report under para- (iii) the intended use of the agency of the section. graph (1) shall include— information; (2) INTERAGENCY GROUP.—The interagency ‘‘(A) a description of the reduced costs and (iv) with whom the information will be group referred to under paragraph (1) shall other measurable benefits of the pilot shared; include representatives of the National Insti- projects; (v) what notice or opportunities for con- tute of Standards and Technology and other ‘‘(B) a description of the ability of agencies sent would be provided to individuals regard- agencies. to determine the baseline costs of a project ing what information is collected and how (d) DIRECTOR.—The Director shall oversee— against which savings would be measured; that information is shared; (1) the interagency initiative to develop and (vi) how the information will be secured; common protocols; ‘‘(C) recommendations of the Director re- and (2) the coordination with State, local, and lating to whether Congress should provide (vii) the rights of the individual under sec- tribal governments, public private partner- general authority to the heads of executive tion 552a of title 5, United States Code (com- ships, and other interested persons on effec- agencies to use a share-in-savings con- monly referred to as the Privacy Act), and tive and efficient ways to align geographic tracting approach to the acquisition of infor- other laws relevant to the protection of the information and develop common protocols; mation technology solutions for improving privacy of an individual. and mission-related or administrative processes of the Federal Government.’’. (2) PRIVACY POLICIES IN MACHINE-READABLE (3) the adoption of common standards re- FORMATS.—The Director shall issue guidance lating to the protocols. SEC. 3212. INTEGRATED REPORTING STUDY AND requiring agencies to translate privacy poli- (e) COMMON PROTOCOLS.—The common pro- PILOT PROJECTS. tocols shall be designed to— (a) PURPOSES.—The purposes of this section cies into a standardized machine-readable (1) maximize the degree to which unclassi- are to— format. fied geographic information from various (1) enhance the interoperability of Federal SEC. 3209. FEDERAL INFORMATION TECHNOLOGY information systems; WORKFORCE DEVELOPMENT. sources can be made electronically compat- (2) assist the public, including the regu- (a) PURPOSE.—The purpose of this section ible and accessible; and is to improve the skills of the Federal work- (2) promote the development of interoper- lated community, in electronically submit- force in using information technology to de- able geographic information systems tech- ting information to agencies under Federal liver Government information and services. nologies that shall— requirements, by reducing the burden of du- (b) IN GENERAL.—In consultation with the (A) allow widespread, low-cost use and plicate collection and ensuring the accuracy Director, the Chief Information Officers sharing of geographic data by Federal agen- of submitted information; and Council, and the Administrator of General cies, State, local, and tribal governments, (3) enable any person to integrate and ob- Services, the Director of the Office of Per- and the public; and tain similar information held by 1 or more sonnel Management shall— (B) enable the enhancement of services agencies under 1 or more Federal require- (1) analyze, on an ongoing basis, the per- using geographic data. ments without violating the privacy rights sonnel needs of the Federal Government re- (f) AUTHORIZATION OF APPROPRIATIONS.— of an individual. lated to information technology and infor- There are authorized to be appropriated to (b) DEFINITIONS.—In this section, the mation resource management; the Department of the Interior such sums as term— (2) oversee the development of curricula, are necessary to carry out this section, for (1) ‘‘agency’’ means an Executive agency as training methods, and training priorities each of the fiscal years 2003 through 2007. defined under section 105 of title 5, United that correspond to the projected personnel SEC. 3211. SHARE-IN-SAVINGS PROGRAM IM- States Code; and needs of the Federal Government related to PROVEMENTS. (2) ‘‘person’’ means any individual, trust, Section 11521 of title 40, United States information technology and information re- firm, joint stock company, corporation (in- Code, is amended— source management; and cluding a government corporation), partner- (1) in subsection (a)— (3) assess the training of Federal employ- ship, association, State, municipality, com- (A) by striking ‘‘the heads of two executive ees in information technology disciplines, as mission, political subdivision of a State, agencies to carry out’’ and inserting ‘‘heads necessary, in order to ensure that the infor- interstate body, or agency or component of of executive agencies to carry out a total of mation resource management needs of the the Federal Government. 5 projects under’’; (c) REPORT.— Federal Government are addressed. (B) by striking ‘‘and’’ at the end of para- (1) IN GENERAL.—Not later than 3 years (c) EMPLOYEE PARTICIPATION.—Subject to information resource management needs and graph (1); after the date of enactment of this Act, the the limitations imposed by resource needs in (C) by striking the period at the end of Director shall oversee a study, in consulta- other occupational areas, and consistent paragraph (2) and inserting ‘‘; and’’; and tion with agencies, the regulated commu- with their overall workforce development (D) by adding at the end the following: nity, public interest organizations, and the strategies, agencies shall encourage employ- ‘‘(3) encouraging the use of the contracting public, and submit a report to the Com- ees to participate in occupational informa- and sharing approach described in para- mittee on Governmental Affairs of the Sen- tion technology training. graphs (1) and (2) by allowing the head of the ate and the Committee on Government Re- (d) AUTHORIZATION OF APPROPRIATIONS.— executive agency conducting a project under form of the House of Representatives on There are authorized to be appropriated to the pilot program— progress toward integrating Federal infor- the Office of Personnel Management for the ‘‘(A) to retain, until expended, out of the mation systems across agencies. implementation of this section, $7,000,000 in appropriation accounts of the executive (2) CONTENTS.—The report under this sec- fiscal year 2003, and such sums as are nec- agency in which savings computed under tion shall— essary for each fiscal year thereafter. paragraph (2) are realized as a result of the (A) address the integration of data ele- SEC. 3210. COMMON PROTOCOLS FOR GEO- project, up to the amount equal to half of ments used in the electronic collection of in- GRAPHIC INFORMATION SYSTEMS. the excess of— formation within databases established (a) PURPOSES.—The purposes of this section ‘‘(i) the total amount of the savings; over under Federal statute without reducing the are to— ‘‘(ii) the total amount of the portion of the quality, accessibility, scope, or utility of the (1) reduce redundant data collection and savings paid to the private sector source for information contained in each database; information; and such project under paragraph (2); and (B) address the feasibility of developing, or (2) promote collaboration and use of stand- ‘‘(B) to use the retained amount to acquire enabling the development of, software, in- ards for government geographic information. additional information technology.’’; cluding Internet-based tools, for use by re- (b) DEFINITION.—In this section, the term (2) in subsection (b)— porting persons in assembling, documenting, ‘‘geographic information’’ means informa- (A) by inserting ‘‘a project under’’ after and validating the accuracy of information tion systems that involve locational data, ‘‘authorized to carry out’’; and electronically submitted to agencies under such as maps or other geospatial information (B) by striking ‘‘carry out one project nonvoluntary, statutory, and regulatory re- resources. and’’; and quirements; (c) IN GENERAL.— (3) in subsection (c), by inserting before the (C) address the feasibility of developing a (1) COMMON PROTOCOLS.—The Secretary of period ‘‘and the Administrator for the Office distributed information system involving, on the Interior, working with the Director and of Electronic Government’’; and a voluntary basis, at least 2 agencies, that— September 30, 2002 CONGRESSIONAL RECORD — SENATE S9645 (i) provides consistent, dependable, and and the Director of the Institute of Museum tutorial to community technology centers, timely public access to the information hold- and Library Services, shall— public libraries, and other institutions that ings of 1 or more agencies, or some portion of (1) conduct a study to evaluate the best afford Internet access to the public. such holdings, including the underlying raw practices of community technology centers (g) PROMOTION OF COMMUNITY TECHNOLOGY data, without requiring public users to know that have received Federal funds; and CENTERS.—In consultation with other agen- which agency holds the information; and (2) submit a report on the study to— cies and organizations, the Department of (ii) allows the integration of public infor- (A) the Committee on Governmental Af- Education shall promote the availability of mation held by the participating agencies; fairs of the Senate; community technology centers to raise (D) address the feasibility of incorporating (B) the Committee on Health, Education, awareness within each community where other elements related to the purposes of Labor, and Pensions of the Senate; such a center is located. this section at the discretion of the Director; (C) the Committee on Government Reform (h) AUTHORIZATION OF APPROPRIATIONS.— and of the House of Representatives; and There are authorized to be appropriated to (E) make recommendations that Congress (D) the Committee on Education and the the Department of Education for the study of best practices at community technology or the executive branch can implement, Workforce of the House of Representatives. centers, for the development and dissemina- through the use of integrated reporting and (c) CONTENTS.—The report under sub- tion of the online tutorial, and for the pro- information systems, to reduce the burden section (b) may consider— motion of community technology centers on reporting and strengthen public access to (1) an evaluation of the best practices under this section— databases within and across agencies. being used by successful community tech- nology centers; (1) $2,000,000 in fiscal year 2003; (d) PILOT PROJECTS TO ENCOURAGE INTE- (2) $2,000,000 in fiscal year 2004; and GRATED COLLECTION AND MANAGEMENT OF (2) a strategy for— (A) continuing the evaluation of best prac- (3) such sums as are necessary in fiscal DATA AND INTEROPERABILITY OF FEDERAL IN- years 2005 through 2007. FORMATION SYSTEMS.— tices used by community technology centers; SEC. 3214. ENHANCING CRISIS MANAGEMENT (1) IN GENERAL.—In order to provide input and (B) establishing a network to share infor- THROUGH ADVANCED INFORMATION to the study under subsection (c), the Direc- TECHNOLOGY. mation and resources as community tech- tor shall designate, in consultation with (a) PURPOSE.—The purpose of this section nology centers evolve; agencies, a series of no more than 5 pilot is to improve how information technology is (3) the identification of methods to expand projects that integrate data elements. The used in coordinating and facilitating infor- Director shall consult with agencies, the reg- the use of best practices to assist community mation on disaster preparedness, response, ulated community, public interest organiza- technology centers, public libraries, and and recovery, while ensuring the availability tions, and the public on the implementation other institutions that provide computer and of such information across multiple access of the pilot projects. Internet access to the public; channels. (2) GOALS OF PILOT PROJECTS.— (4) a database of all community technology (b) IN GENERAL.— (A) IN GENERAL.—Each goal described centers that have received Federal funds, in- (1) STUDY ON ENHANCEMENT OF CRISIS RE- under subparagraph (B) shall be addressed by cluding— SPONSE.—Not later than 90 days after the at least 1 pilot project each. (A) each center’s name, location, services date of enactment of this Act, the Federal (B) GOALS.—The goals under this para- provided, director, other points of contact, Emergency Management Agency shall enter graph are to— number of individuals served; and into a contract to conduct a study on using (i) reduce information collection burdens (B) other relevant information; information technology to enhance crisis by eliminating duplicative data elements (5) an analysis of whether community tech- preparedness, response, and consequence within 2 or more reporting requirements; nology centers have been deployed effec- management of natural and manmade disas- (ii) create interoperability between or tively in urban and rural areas throughout ters. among public databases managed by 2 or the Nation; and (2) CONTENTS.—The study under this sub- more agencies using technologies and tech- (6) recommendations of how to— section shall address— niques that facilitate public access; and (A) enhance the development of commu- (A) a research and implementation strat- (iii) develop, or enable the development of, nity technology centers; and egy for effective use of information tech- software to reduce errors in electronically (B) establish a network to share informa- nology in crisis response and consequence submitted information. tion and resources. management, including the more effective (d) COOPERATION.—All agencies that fund (3) INPUT.—Each pilot project shall seek use of technologies, management of informa- community technology centers shall provide input from users on the utility of the pilot tion technology research initiatives, and in- to the Department of Education any infor- project and areas for improvement. To the corporation of research advances into the in- mation and assistance necessary for the extent practicable, the Director shall consult formation and communications systems of— completion of the study and the report under with relevant agencies and State, tribal, and (i) the Federal Emergency Management this section. Agency; and local governments in carrying out the report (e) ASSISTANCE.— and pilot projects under this section. (ii) other Federal, State, and local agencies (1) IN GENERAL.—The Secretary of the De- responsible for crisis preparedness, response, (e) PRIVACY PROTECTIONS.—The activities partment of Education shall work with other authorized under this section shall afford and consequence management; and relevant Federal agencies, and other inter- (B) opportunities for research and develop- protections for— ested persons in the private and nonprofit (1) confidential business information con- ment on enhanced technologies into areas of sectors to— potential improvement as determined during sistent with section 552(b)(4) of title 5, (A) assist in the implementation of rec- United States Code, and other relevant law; the course of the study. ommendations; and EPORT.—Not later than 2 years after (2) personal privacy information under sec- (3) R (B) identify other ways to assist commu- the date on which a contract is entered into tions 552(b) (6) and (7)(C) and 552a of title 5, nity technology centers, public libraries, and under paragraph (1), the Federal Emergency United States Code, and other relevant law; other institutions that provide computer and Management Agency shall submit a report and Internet access to the public. on the study, including findings and rec- (3) other information consistent with sec- (2) TYPES OF ASSISTANCE.—Assistance ommendations to— tion 552(b)(3) of title 5, United States Code, under this subsection may include— (A) the Committee on Governmental Af- and other relevant law. (A) contribution of funds; fairs of the Senate; and SEC. 3213. COMMUNITY TECHNOLOGY CENTERS. (B) donations of equipment, and training in (B) the Committee on Government Reform (a) PURPOSES.—The purposes of this section the use and maintenance of the equipment; of the House of Representatives. are to— and (4) INTERAGENCY COOPERATION.—Other Fed- (1) study and enhance the effectiveness of (C) the provision of basic instruction or eral departments and agencies with responsi- community technology centers, public li- training material in computer skills and bility for disaster relief and emergency as- braries, and other institutions that provide Internet usage. sistance shall fully cooperate with the Fed- computer and Internet access to the public; (f) ONLINE TUTORIAL.— eral Emergency Management Agency in car- and (1) IN GENERAL.—The Secretary of Edu- rying out this section. (2) promote awareness of the availability of cation, in consultation with the Director of (5) AUTHORIZATION OF APPROPRIATIONS.— on-line government information and serv- the Institute of Museum and Library Serv- There are authorized to be appropriated to ices, to users of community technology cen- ices, the Director of the National Science the Federal Emergency Management Agency ters, public libraries, and other public facili- Foundation, other relevant agencies, and the for research under this subsection, such ties that provide access to computer tech- public, shall develop an online tutorial sums as are necessary for fiscal year 2003. nology and Internet access to the public. that— (c) PILOT PROJECTS.—Based on the results (b) STUDY AND REPORT.—Not later than 2 (A) explains how to access Government in- of the research conducted under subsection years after the effective date of this title, formation and services on the Internet; and (b), the Federal Emergency Management the Secretary of Education, in consultation (B) provides a guide to available online re- Agency shall initiate pilot projects or report with the Secretary of Housing and Urban De- sources. to Congress on other activities that further velopment, the Secretary of Commerce, the (2) DISTRIBUTION.—The Secretary of Edu- the goal of maximizing the utility of infor- Director of the National Science Foundation, cation shall distribute information on the mation technology in disaster management. S9646 CONGRESSIONAL RECORD — SENATE September 30, 2002

The Federal Emergency Management Agen- (b) CONTINUATION OF AUTHORITY.— of commercial aircraft of air carriers en- cy shall cooperate with other relevant agen- (1) IN GENERAL.—Section 3536 of title 44, gaged in air transportation or intrastate air cies, and, if appropriate, State, local, and United States Code, is repealed. transportation against acts of criminal vio- tribal governments, in initiating such pilot (2) TECHNICAL AND CONFORMING AMEND- lence or air piracy. Such officers shall be projects. MENT.—The table of sections for chapter 35 of known as ‘Federal flight deck officers’. The SEC. 3215. DISPARITIES IN ACCESS TO THE title 44, United States Code, is amended by program shall be administered in connection INTERNET. striking the item relating to section 3536. with the Federal air marshal program. (a) STUDY AND REPORT.— TITLE XXXIV—AUTHORIZATION OF ‘‘(b) QUALIFIED PILOT.—Under the program (1) STUDY.—Not later than 90 days after the APPROPRIATIONS AND EFFECTIVE DATES described in subsection (a), a qualified pilot date of enactment of this Act, the Director is a pilot of an aircraft engaged in air trans- SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. of the National Science Foundation shall re- portation or intrastate air transportation quest that the National Academy of Except for those purposes for which an au- who— Sciences, acting through the National Re- thorization of appropriations is specifically ‘‘(1) is employed by an air carrier; search Council, enter into a contract to con- provided in title XXXI or XXXII, including ‘‘(2) has demonstrated fitness to be a Fed- duct a study on disparities in Internet access the amendments made by such titles, there eral flight deck officer in accordance with for online Government services. are authorized to be appropriated such sums regulations promulgated pursuant to this as are necessary to carry out titles XXXI and (2) REPORT.—Not later than 2 years after title; and the date of enactment of this Act, the Direc- XXXII for each of fiscal years 2003 through ‘‘(3) has been the subject of an employment tor of the National Science Foundation shall 2007. investigation (including a criminal history submit to the Committee on Governmental SEC. 3402. EFFECTIVE DATES. record check) under section 44936(a)(1). Affairs of the Senate and the Committee on (a) TITLES XXXI AND XXXII.— ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- Government Reform of the House of Rep- (1) IN GENERAL.—Except as provided under MENT.—The Under Secretary of Transpor- resentatives a final report of the study under paragraph (2), titles XXXI and XXXII and the tation for Security shall provide or make ar- this section, which shall set forth the find- amendments made by such titles shall take rangements for training, supervision, and ings, conclusions, and recommendations of effect 120 days after the date of enactment of equipment necessary for a qualified pilot to the National Research Council. this Act. be a Federal flight deck officer under this (b) CONTENTS.—The report under sub- (2) IMMEDIATE ENACTMENT.—Sections 3207, section at no expense to the pilot or the air section (a) shall include a study of— 3214, 3215, and 3216 shall take effect on the carrier employing the pilot. Such training, (1) how disparities in Internet access influ- date of enactment of this Act. qualifications, curriculum, and equipment ence the effectiveness of online Government (b) TITLES XXXIII AND XXXIV.—Title shall be consistent with and equivalent to services, including a review of— XXXIII and this title shall take effect on the those required of Federal law enforcement (A) the nature of disparities in Internet ac- date of enactment of this Act. officers and shall include periodic re-quali- cess; DIVISION E—FLIGHT AND CABIN fication as determined by the Under Sec- (B) the affordability of Internet service; SECURITY ON PASSENGER AIRCRAFT retary. The Under Secretary may approve private training programs which meet the (C) the incidence of disparities among dif- TITLE XLI—FLIGHT AND CABIN SECURITY Under Secretary’s specifications and guide- ferent groups within the population; and ON PASSENGER AIRCRAFT (D) changes in the nature of personal and lines. Air carriers shall make accommoda- public Internet access that may alleviate or SECTION 4101. SHORT TITLE. tions to facilitate the training of their pilots aggravate effective access to online Govern- This title may be cited as the ‘‘Arming Pi- as Federal flight deck officers and shall fa- ment services; lots Against Terrorism and Cabin Defense cilitate Federal flight deck officers in the (2) how the increase in online Government Act of 2002’’. conduct of their duties under this program. services is influencing the disparities in SEC. 4102. FINDINGS. ‘‘(d) DEPUTIZATION.— Internet access and how technology develop- Congress makes the following findings: ‘‘(1) IN GENERAL.—The Under Secretary of ment or diffusion trends may offset such ad- (1) Terrorist hijackers represent a profound Transportation for Security shall train and verse influences; and threat to the American people. deputize, as a Federal flight deck officer (3) related societal effects arising from the (2) According to the Federal Aviation Ad- under this section, any qualified pilot who interplay of disparities in Internet access ministration, between 33,000 and 35,000 com- submits to the Under Secretary a request to and the increase in online Government serv- mercial flights occur every day in the United be such an officer. ices. States. ‘‘(2) INITIAL DEPUTIZATION.—Not later than (c) RECOMMENDATIONS.—The report shall (3) The Aviation and Transportation Secu- 120 days after the date of enactment of this include recommendations on actions to en- rity Act (public law 107–71) mandated that section, the Under Secretary shall deputize sure that online Government initiatives air marshals be on all high risk flights such not fewer than 500 qualified pilots who are shall not have the unintended result of in- as those targeted on September 11, 2001. former military or law enforcement per- creasing any deficiency in public access to (4) Without air marshals, pilots and flight sonnel as Federal flight deck officers under Government services. attendants are a passenger’s first line of de- this section. (d) AUTHORIZATION OF APPROPRIATIONS.— fense against terrorists. ‘‘(3) FULL IMPLEMENTATION.—Not later than There are authorized to be appropriated to (5) A comprehensive and strong terrorism 24 months after the date of enactment of this the National Science Foundation $950,000 in prevention program is needed to defend the section, the Under Secretary shall deputize fiscal year 2003 to carry out this section. Nation’s skies against acts of criminal vio- any qualified pilot as a Federal flight deck SEC. 3216. NOTIFICATION OF OBSOLETE OR lence and air piracy. Such a program should officer under this section. COUNTERPRODUCTIVE PROVISIONS. include— ‘‘(e) COMPENSATION.—Pilots participating If the Director of the Office of Manage- (A) armed Federal air marshals; in the program under this section shall not ment and Budget makes a determination (B) other Federal agents; be eligible for compensation from the Fed- that any provision of this division (including (C) reinforced cockpit doors; eral Government for services provided as a any amendment made by this division) is ob- (D) properly-trained armed pilots; Federal flight deck officer. solete or counterproductive to the purposes (E) flight attendants trained in self-defense ‘‘(f) AUTHORITY TO CARRY FIREARMS.—The of this Act, as a result of changes in tech- and terrorism prevention; and Under Secretary of Transportation for Secu- nology or any other reason, the Director (F) electronic communications devices, rity shall authorize a Federal flight deck of- shall submit notification of that determina- such as real-time video monitoring and ficer under this section to carry a firearm to tion to— hands-free wireless communications devices defend the flight deck of a commercial pas- (1) the Committee on Governmental Af- to permit pilots to monitor activities in the senger or cargo aircraft while engaged in fairs of the Senate; and cabin. providing air transportation or intrastate air (2) the Committee on Government Reform SEC. 4103. FEDERAL FLIGHT DECK OFFICER PRO- transportation. No air carrier may prohibit a of the House of Representatives. GRAM. Federal flight deck officer from carrying a firearm in accordance with the provisions of TITLE XXXIII—GOVERNMENT (a) IN GENERAL.—Subchapter I of chapter the Arming Pilots Against Terrorism and INFORMATION SECURITY 449 of title 49, United States Code, is amend- ed by adding at the end the following: Cabin Defense Act of 2002. SEC. 3301. INFORMATION SECURITY. ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- (a) ADDITION OF SHORT TITLE.—Subtitle G ‘‘§ 44921. Federal flight deck officer program standing section 44903(d), a Federal flight of title X of the Floyd D. Spence National ‘‘(a) ESTABLISHMENT.—Not later than 90 deck officer may use force (including lethal Defense Authorization Act for Fiscal Year days after the date of enactment of the Arm- force) against an individual in the defense of 2001 (as enacted into law by Public Law 106– ing Pilots Against Terrorism and Cabin De- a commercial aircraft in air transportation 398; 114 Stat. 1654A–266) is amended by insert- fense Act of 2002, the Under Secretary of or intrastate air transportation if the officer ing after the heading for the subtitle the fol- Transportation for Security shall establish a reasonably believes that the security of the lowing new section: program to deputize qualified pilots of com- aircraft is at risk. ‘‘SEC. 1060. SHORT TITLE. mercial cargo or passenger aircraft who vol- ‘‘(h) LIMITATION ON LIABILITY.— ‘‘This subtitle may be cited as the ‘Govern- unteer for the program as Federal law en- ‘‘(1) LIABILITY OF AIR CARRIERS.—An air ment Information Security Reform Act’.’’. forcement officers to defend the flight decks carrier shall not be liable for damages in any September 30, 2002 CONGRESSIONAL RECORD — SENATE S9647 action brought in a Federal or State court pare crew members for potential threat con- ing names and qualifications, to the Avia- arising out of the air carrier employing a ditions. In developing the requirements, the tion Crew Member Self-Defense Division pilot of an aircraft who is a Federal flight Under Secretary shall consult with appro- within 30 days after receiving the require- deck officer under this section or out of the priate law enforcement personnel who have ments described in subsection (a). acts or omissions of the pilot in defending an expertise in self-defense training, security ‘‘(D) Training course curriculum lesson aircraft of the air carrier against acts of experts, and terrorism experts, and rep- plans and performance objectives to be used criminal violence or air piracy. resentatives of air carriers and labor organi- by instructors. ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF- zations representing individuals employed in ‘‘(E) Written training bulletins to reinforce FICERS.—A Federal flight deck officer shall commercial aviation. course lessons and provide necessary pro- not be liable for damages in any action ‘‘(2) AVIATION CREWMEMBER SELF-DEFENSE gressive updates to instructors. brought in a Federal or State court arising DIVISION.—Not later than 60 days after the ‘‘(3) RECURRENT TRAINING.—Each air carrier out of the acts or omissions of the officer in date of enactment of the Arming Pilots shall provide the training under the program defending an aircraft against acts of crimi- Against Terrorism and Cabin Defense Act of every 6 months after the completion of the nal violence or air piracy unless the officer 2002, the Under Secretary of Transportation initial training. is guilty of gross negligence or willful mis- for Security shall establish an Aviation Crew ‘‘(4) INITIAL TRAINING.—Air carriers shall conduct. Self-Defense Division within the Transpor- provide the initial training under the pro- ‘‘(3) EMPLOYEE STATUS OF FEDERAL FLIGHT tation Security Administration. The Divi- gram within 24 months of the date of enact- DECK OFFICERS.—A Federal flight deck officer sion shall develop and administer the imple- ment of the Arming Pilots Against Ter- shall be considered an ‘employee of the Gov- mentation of the requirements described in rorism and Cabin Defense Act of 2002. ernment while acting within the scope of his this section. The Under Secretary shall ap- ‘‘(5) COMMUNICATION DEVICES.—The require- office or employment’ with respect to any point a Director of the Aviation Crew Self- ments described in subsection (a) shall in- act or omission of the officer in defending an Defense Division who shall be the head of the clude a provision mandating that air carriers aircraft against acts of criminal violence or Division. The Director shall report to the provide flight and cabin crew with a discreet, air piracy, for purposes of sections 1346(b), Under Secretary. In the selection of the Di- hands-free, wireless method of commu- 2401(b), and 2671 through 2680 of title 28 rector, the Under Secretary shall solicit rec- nicating with the flight deck. United States Code. ommendations from law enforcement, air ‘‘(6) REAL-TIME VIDEO MONITORING.—The re- ‘‘(i) REGULATIONS.—Not later than 90 days carriers, and labor organizations rep- quirements described in subsection (a) shall after the date of enactment of this section, resenting individuals employed in commer- include a program to provide flight deck the Under Secretary of Transportation for cial aviation. The Director shall have a crews with real-time video surveillance of Security, in consultation with the Firearms background in self-defense training, includ- the cabins of commercial airline flights. In Training Unit of the Federal Bureau of In- ing military or law enforcement training developing this program, the Under Sec- vestigation, shall issue regulations to carry with an emphasis in teaching self-defense retary shall consider— out this section. and the appropriate use force. Regional ‘‘(A) maximizing the security of the flight ‘‘(j) PILOT DEFINED.—In this section, the training supervisors shall be under the con- deck; term ‘pilot’ means an individual who is re- trol of the Director and shall have appro- ‘‘(B) enhancing the safety of the flight sponsible for the operation of an aircraft, priate training and experience in teaching deck crew; and includes a co-pilot or other member of self-defense and the appropriate use of ‘‘(C) protecting the safety of the pas- the flight deck crew.’’. force.’’; sengers and crew; (b) CONFORMING AMENDMENTS.— (2) by striking subsection (b), and inserting ‘‘(D) preventing acts of criminal violence the following new subsection: (1) CHAPTER ANALYSIS.—The analysis for or air piracy; ‘‘(b) PROGRAM ELEMENTS.— such chapter 449 is amended by inserting ‘‘(E) the cost of the program; ‘‘(1) IN GENERAL.—The requirements pre- after the item relating to section 44920 the ‘‘(F) privacy concerns; and scribed under subsection (a) shall include, at following new item: ‘‘(G) the feasibility of installing such a de- a minimum, 28 hours of self-defense training vice in the flight deck.’’; and ‘‘44921. Federal flight deck officer program.’’. that incorporates classroom and situational (3) by adding at the end the following new (2) EMPLOYMENT INVESTIGATIONS.—Section training that contains the following ele- subsections: 44936(a)(1)(B) is amended— ments: (A) by aligning clause (iii) with clause (ii); ‘‘(f) RULEMAKING AUTHORITY.—Notwith- ‘‘(A) Determination of the seriousness of standing subsection (j) (relating to authority (B) by striking ‘‘and’’ at the end of clause any occurrence. (iii); to arm flight deck crew with less than-lethal ‘‘(B) Crew communication and coordina- weapons) of section 44903, of this title, within (C) by striking the period at the end of tion. 180 days after the date of enactment of the clause (iv) and inserting ‘‘; and’’; and ‘‘(C) Appropriate responses to defend one- Arming Pilots Against Terrorism and Cabin (D) by adding at the end the following: self, including a minimum of 16 hours of Defense Act of 2002, the Under Secretary of ‘‘(v) qualified pilots who are deputized as hands-on training, with reasonable and effec- Transportation for Security, in consultation Federal flight deck officers under section tive requirements on time allotment over a 4 with persons described in subsection (a)(1), 44921.’’. week period, in the following levels of self- shall prescribe regulations requiring air car- (3) FLIGHT DECK SECURITY.—Section 128 of defense: riers to— the Aviation and Transportation Security ‘‘(i) awareness, deterrence, and avoidance; ‘‘(1) provide adequate training in the prop- Act (49 U.S.C. 44903 note) is repealed. ‘‘(ii) verbalization; er conduct of a cabin search and allow ade- SEC. 4104. CABIN SECURITY. ‘‘(iii) empty hand control; quate duty time to perform such a search; (a) TECHNICAL AMENDMENTS.—Section ‘‘(iv) intermediate weapons and self-de- and 44903, of title 49, United States Code, is fense techniques; and ‘‘(2) conduct a preflight security briefing amended— ‘‘(v) deadly force. with flight deck and cabin crew and, when (1) by redesignating subsection (h) (relat- ‘‘(D) Use of protective devices assigned to available, Federal air marshals or other au- ing to authority to arm flight deck crew crewmembers (to the extent such devices are thorized law enforcement officials. with less-than-lethal weapons, as added by approved by the Administrator or Under Sec- ‘‘(g) LIMITATION ON LIABILITY.— section 126(b) of public law 107–71) as sub- retary). ‘‘(1) AIR CARRIERS.—An air carrier shall not section (j); and ‘‘(E) Psychology of terrorists to cope with be liable for damages in any action brought (2) by redesignating subsection (h) (relat- hijacker behavior and passenger responses. in a Federal or State court arising out of the ing to limitation on liability for acts to ‘‘(F) Live situational simulation joint acts or omissions of the air carrier’s training thwart criminal violence or aircraft piracy, training exercises regarding various threat instructors or cabin crew using reasonable as added by section 144 of public law 107–71) conditions, including all of the elements re- and necessary force in defending an aircraft as subsection (k). quired by this section. of the air carrier against acts of criminal vi- (b) AVIATION CREWMEMBER SELF-DEFENSE ‘‘(G) Flight deck procedures or aircraft ma- olence or air piracy. DIVISION.—Section 44918 of title 49, United neuvers to defend the aircraft. ‘‘(2) TRAINING INSTRUCTORS AND CABIN States Code, is amended— ‘‘(2) PROGRAM ELEMENTS FOR INSTRUC- CREW.—An air carrier’s training instructors (1) by striking subsection (a) and inserting TORS.—The requirements prescribed under or cabin crew shall not be liable for damages the following new subsection: subsection (a) shall contain program ele- in any action brought in a Federal or State ‘‘(a) IN GENERAL.— ments for instructors that include, at a min- court arising out of an act or omission of a ‘‘(1) REQUIREMENT FOR AIR CARRIERS.—Not imum, the following: training instructor or a member of the cabin later than 60 days after the date of enact- ‘‘(A) A certification program for the in- crew regarding the defense of an aircraft ment of the Arming Pilots Against Ter- structors who will provide the training de- against acts of criminal violence or air pi- rorism and Cabin Defense Act of 2002, the scribed in paragraph (1). racy unless the crew member is guilty of Under Secretary of Transportation for Secu- ‘‘(B) A requirement that no training ses- gross negligence or willful misconduct.’’. rity, shall prescribe detailed requirements sion shall have fewer than 1 instructor for (c) NONLETHAL WEAPONS FOR FLIGHT AT- for an air carrier cabin crew training pro- every 12 students. TENDANTS.— gram, and for the instructors of that pro- ‘‘(C) A requirement that air carriers pro- (1) STUDY.—The Under Secretary of Trans- gram as described in subsection (b) to pre- vide certain instructor information, includ- portation for Security shall conduct a study S9648 CONGRESSIONAL RECORD — SENATE September 30, 2002 to determine whether possession of a non- (4) Personnel of the Central Intelligence (5) No Johnny Micheal Spann Patriot lethal weapon by a member of an air car- Agency have also lost their lives while bat- Trust may participate in or intervene in any rier’s cabin crew would aid the flight deck tling the evils of terrorism around the world. political campaign on behalf of (or in opposi- crew in combating air piracy and criminal (5) Employees of the Federal Bureau of In- tion to) any candidate for public office, in- violence on commercial airlines. vestigation (FBI) and other Federal agencies cluding by publication or distribution of (2) REPORT.—Not later than 6 months after charged with domestic protection of the statements. the date of enactment of this Act, the Under United States put their lives at risk on a (6) Each Johnny Micheal Spann Patriot Secretary of Transportation for Security daily basis for the freedom and security of Trust shall comply with the instructions and shall prepare and submit to Congress a re- our Nation. directions of the Director of Central Intel- port on the study conducted under paragraph (6) United States military personnel, CIA ligence, the Attorney General, or the Sec- (1). personnel, FBI personnel, and other Federal retary of Defense relating to the protection SEC. 4105. PROHIBITION ON OPENING COCKPIT agents in the service of the United States are of intelligence sources and methods, sen- DOORS IN FLIGHT. patriots of the highest order. sitive law enforcement information, or other (a) IN GENERAL.—Subchapter I of chapter (7) CIA officer Johnny Micheal Spann be- sensitive national security information, in- 449 of title 49, United States Code, is amend- came the first American to give his life for cluding methods for confidentially dis- ed by adding at the end the following: his country in the War on Terrorism bursing funds. ‘‘§ 44917. Prohibition on opening cockpit launched by President George W. Bush fol- (7) Each Johnny Micheal Spann Patriot doors in flight lowing the terrorist attacks of September 11, Trust that receives annual contributions to- 2001. ‘‘(a) IN GENERAL.—The door to the flight taling more than $1,000,000 must be audited (8) Johnny Micheal Spann left behind a deck of any aircraft engaged in passenger air annually by an independent certified public wife and children who are very proud of the transportation or interstate air transpor- accounting firm. Such audits shall be filed heroic actions of their patriot father. tation that is required to have a door be- with the Internal Revenue Service, and shall (9) Surviving dependents of members of the tween the passenger and pilot compartment be open to public inspection, except that the Armed Forces of the United States who lose under title 14, Code of Federal Regulations, conduct, filing, and availability of the audit their lives as a result of terrorist attacks or shall remain closed and locked at all times shall be consistent with the protection of in- military operations abroad receive a $6,000 during flight, except for mechanical or phys- telligence sources and methods, of sensitive death benefit, plus a small monthly benefit. iological emergencies. law enforcement information, and of other (10) The current system of compensating ‘‘(b) MANTRAP DOOR EXCEPTION.—It shall sensitive national security information. spouses and children of American patriots is not be a violation of subsection (a) for an au- (8) Each Johnny Micheal Spann Patriot inequitable and needs improvement. thorized person to enter or leave the flight Trust shall make distributions to bene- (b) DESIGNATION OF JOHNNY MICHEAL SPANN deck during flight of any aircraft described ficiaries described in paragraph (1) at least PATRIOT TRUSTS.—Any charitable corpora- once every calendar year, beginning not in subsection (a) that is equipped with dou- tion, fund, foundation, or trust (or separate later than 12 months after the formation of ble doors between the flight deck and the fund or account thereof) which otherwise passenger compartment that are designed so meets all applicable requirements under law such Trust, and all funds and donations re- that— with respect to charitable entities and meets ceived and earnings not placed in a private ‘‘(1) any person entering or leaving the the requirements described in subsection (c) foundation dedicated to such beneficiaries flight deck is required to lock the first door shall be eligible to characterize itself as a must be distributed within 36 months after through which that person passes before the ‘‘Johnny Micheal Spann Patriot Trust’’. the end of the fiscal year in which such second door can be opened; and (c) REQUIREMENTS FOR THE DESIGNATION OF funds, donations, and earnings are received. ‘‘(2) the flight crew is able to monitor by JOHNNY MICHEAL SPANN PATRIOT TRUSTS.— (9)(A) When determining the amount of a remote camera the area between the 2 doors The requirements described in this sub- distribution to any beneficiary described in and prevent the door to the flight deck from section are as follows: paragraph (1), a Johnny Micheal Spann Pa- being unlocked from that area.’’. (1) Not taking into account funds or dona- triot Trust should take into account the (b) CONFORMING AMENDMENT.—The chapter tions reasonably necessary to establish a amount of any collateral source compensa- analysis for chapter 449 of title 49, United trust, at least 85 percent of all funds or dona- tion that the beneficiary has received or is States Code, is amended by inserting after tions (including any earnings on the invest- entitled to receive as a result of the death of the item relating to section 44916 the fol- ment of such funds or donations) received or an individual described in subsection (c)(1). lowing: collected by any Johnny Micheal Spann Pa- (B) Collateral source compensation in- ‘‘44917. Prohibition on opening cockpit doors triot Trust must be distributed to (or, if cludes all compensation from collateral in flight.’’. placed in a private foundation, held in trust sources, including life insurance, pension (c) EFFECTIVE DATE.—The amendments for) surviving spouses, children, or dependent funds, death benefit programs, and payments made by this section shall take effect 1 day parents, grandparents, or siblings of 1 or by Federal, State, or local governments re- after the date of enactment of this Act. more of the following: lated to the death of an individual described (A) members of the Armed Forces of the in subsection (c)(1). SA 4844. Mr. SESSIONS submitted an United States; (d) TREATMENT OF JOHNNY MICHEAL SPANN amendment intended to be proposed to (B) personnel, including contractors, of PATRIOT TRUSTS.—Each Johnny Micheal Spann Patriot Trust shall refrain from con- amendment SA 4738 proposed by Mr. elements of the intelligence community, as defined in section 3(4) of the National Secu- ducting the activities described in clauses (i) GRAMM (for himself Mr. MILLER, Mr. rity Act of 1947; and (ii) of section 301(20)(A) of the Federal MCCONNELL, Mr. THOMPSON, Mr. STE- (C) employees of the Federal Bureau of In- Election Campaign Act of 1971 so that a gen- VENS, Mr. HAGEL, Mr. HUTCHINSON, and vestigation; and eral solicitation of funds by an individual de- Mr. BUNNING) to the amendment SA (D) officers, employees, or contract em- scribed in paragraph (1) of section 323(e) of 4471 proposed by Mr. LIEBERMAN to the ployees of the United States Government, such Act will be permissible if such solicita- bill H.R. 5005, to establish the Depart- tion meets the requirements of paragraph whose deaths occur in the line of duty and (4)(A) of such section. ment of Homeland Security, and for arise out of terrorist attacks, military oper- (e) NOTIFICATION OF TRUST BENE- other purposes; which was ordered to ations, intelligence operations, law enforce- FICIARIES.—Notwithstanding any other provi- lie on the table; as follows: ment operations, or accidents connected sion of law, and in a manner consistent with with activities occurring after September 11, At the appropriate place, insert the fol- the protection of intelligence sources and 2001, and related to domestic or foreign ef- lowing: methods, sensitive law enforcement informa- forts to curb international terrorism, includ- SEC. ll. TREATMENT OF CHARITABLE TRUSTS tion, and other sensitive national security FOR MEMBERS OF THE ARMED ing the Authorization for Use of Military information, the Secretary of Defense, the FORCES OF THE UNITED STATES Force (Public Law 107–40; 115 Stat. 224). Director of the Federal Bureau of Investiga- AND OTHER GOVERNMENTAL ORGA- (2) Other than funds or donations reason- tion, or the Director of Central Intelligence, NIZATIONS. ably necessary to establish a trust, not more or their designees, as applicable, may for- (a) FINDINGS.—Congress finds the fol- than 15 percent of all funds or donations (or ward information received from an executor, lowing: 15 percent of annual earnings on funds in- administrator, or other legal representative (1) Members of the Armed Forces of the vested in a private foundation) may be used of the estate of a decedent described in sub- United States defend the freedom and secu- for administrative purposes. paragraph (A), (B), (C), or (D) of subsection rity of our Nation. (3) No part of the net earnings of any John- (c)(1), to a Johnny Micheal Spann Patriot (2) Members of the Armed Forces of the ny Micheal Spann Patriot Trust may inure Trust on how to contact individuals eligible United States have lost their lives while bat- to the benefit of any individual based solely for a distribution under subsection (c)(1) for tling the evils of terrorism around the world. on the position of such individual as a share- the purpose of providing assistance from (3) Personnel of the Central Intelligence holder, an officer or employee of such Trust. such Trust; provided that, neither for- Agency (CIA) charged with the responsibility (4) No part of the activities of any Johnny warding nor failing to forward any informa- of covert observation of terrorists around Micheal Spann Patriot Trust shall be used tion under this subsection shall create any the world are often put in harm’s way during for distributing propaganda or otherwise at- cause of action against any Federal depart- their service to the United States. tempting to influence legislation. ment, agency, officer, agent, or employee. September 30, 2002 CONGRESSIONAL RECORD — SENATE S9649 (f) REGULATIONS.—Not later than 90 days States and does not pose a danger to the pub- people with whom I came was BOB after the date of enactment of this Act, the lic; or TORRICELLI. He and I have been friends Secretary of Defense, in coordination with ‘‘(2) take physical custody of the individual for 20 years now. I didn’t know him be- the Attorney General, the Director of the from the State or local law enforcement offi- fore he and I were elected to the House Federal Bureau of Investigation, and the Di- cial. rector of Central Intelligence, shall prescribe ‘‘(b) TRANSPORTATION.—If the Service fails of Representatives. Today, he an- regulations to carry out this section. to comply with subsection (a) within 48 nounced he was not going to continue hours of notification, the Commissioner in his election, and I feel terrible about SA 4845. Mr. SESSIONS submitted an shall— it. It shows the class he has. I talked to amendment intended to be proposed to ‘‘(1) accept custody of the individual at the Senator TORRICELLI this afternoon. He amendment SA 4738 proposed by Mr. nearest regional office of the Service; and recognizes the Senate seat in New Jer- ‘‘(2) promptly reimburse the State or local GRAMM (for himself, Mr. MILLER, Mr. law enforcement official for the cost of sey is more important than him. As a MCCONNELL, Mr. THOMPSON, Mr. STE- transporting the individual to the regional result of that, he knows it would be VENS, Mr. HAGEL, Mr. HUTCHINSON, and office by public or private means.’’. better for the institution, the Senate, Mr. BUNNING) to the amendment SA (b) AUTHORIZATION OF APPROPRIATIONS.— that he not continue in his election 4471 proposed by Mr. LIEBERMAN to the (1) IN GENERAL.—There is authorized to be contest. bill H.R. 5005, to establish the Depart- appropriated to the Secretary $1,000,000 for For me, the memories of having ment of Homeland Security, and for each of the fiscal years 2003 through 2007 to served with this fine man are very sig- other purposes; which was ordered to carry out section 236C of the Immigration nificant. The work he did first as the and Nationality Act, as added by subsection lie on the table; as follows: (a). assistant to Senator BOB KERRY’s cam- On page 220 of the amendment, after the (2) AVAILABILITY OF APPROPRIATIONS.— paign committee and then as chairman item inserted by line 15, insert the following: Amounts appropriated pursuant to para- of the campaign committee will be SEC. 1124. PILOT PROGRAM. graph (1) are authorized to remain available written in the history books. He did (a) ESTABLISHMENT OF PILOT PROGRAM.— until expended. the impossible. He did what only he The Commissioner of Immigration and Natu- (c) CONFORMING AMENDMENT.—The table of said could be done. Most of us did not ralization shall establish a pilot program of content for the Immigration and Nationality believe he could do what he did, and cooperation between inspectors of the Immi- Act is amended by inserting after the item relating to section 236B the following new that is elect all the Democrats he was gration and Naturalization Service and State responsible for because he made us and local law enforcement officials that uses item: video conferencing— ‘‘Sec. 236C. Taking custody of aliens de- competitive. He was a voracious fund- (1) to evaluate the legal status of aliens in tained by State or local law en- raiser. the custody of State and local law enforce- forcement officials.’’. I extend my best wishes to BOB ment; and f TORRICELLI. I congratulate him for the (2) to initiate deportation proceedings 20 years of service to the State of New under the Immigration and Nationality Act BUSINESS OF THE SENATE Jersey and the country as a Member of where warranted. Mr. REID. Mr. President, we have the U.S. Congress. I do hope his great (b) IMPLEMENTATION.—The pilot program had another unproductive day. As you talents will be used. He is a fine speak- described in subsection (a) shall include at know, we are starting the fifth week on er. He has a great mind. His knowledge least ten States. States selected to partici- homeland security and the Interior ap- pate should be those with the largest number of foreign affairs is unsurpassed. of violations of the Immigration and Nation- propriations bill. As I said a few weeks He and I served together on that ality Act. ago, it appears the other side does not committee in the House of Representa- (c) AUTHORIZATION OF APPROPRIATIONS.— want us to pass these two bills, and tives. I wish I had words to describe the There are authorized to be appropriated such they are accomplishing what they set affection I have for Senator TORRICELLI sums as may be necessary for each of the fis- out to do. We are not doing the work of and the expression I would like to cal years 2003 to 2007 to carry out this sec- the country. make of the courage he showed this tion. As the Presiding Officer knows, we afternoon. SA 4846. Mr. SESSIONS submitted an have lost 2 million jobs in the last 18 amendment intended to be proposed to months. We have had the weakest eco- f amendment SA 4738 proposed by Mr. nomic growth in some 50 years. Busi- REMOVAL OF INJUNCTION OF SE- GRAMM (for himself, Mr. MILLER, Mr. ness investment has been down in each CRECY—TREATY DOCUMENT NO. MCCONNELL, Mr. THOMPSON, Mr. STE- of the last six quarters, the weakest 107–17 VENS, Mr. HAGEL, Mr. HUTCHINSON, and trend in 50 years. There has been a $4.5 Mr. REID. Mr. President, I ask unan- Mr. BUNNING) to the amendment SA trillion loss in stock market wealth, imous consent the injunction of se- 4471 proposed by Mr. LIEBERMAN to the the sharpest decline since President crecy be removed from the following bill H.R. 5005, to establish the Depart- Hoover—$440 billion lost in 401(k) and treaty transmitted to the Senate on ment of Homeland Security, and for IRA retirement savings this past September 30, 2002, by the President of other purposes; which was ordered to year—and the median family income the United States: lie on the table; as follows: was down last year, the first decrease in 12 years. The Nasdaq stock exchange Partial Revision of Radio Regulations On page 220 of the amendment, after the (Treaty Document No. 107–17). item inserted by line 15, insert the following: was down to its lowest level in 6 years. Of course, it dropped again today. The I further ask the treaty be considered SEC. 1124. TAKING CUSTODY OF ILLEGAL ALIENS as having been read the first time; that DETAINED BY STATE OR LOCAL LAW Dow Jones dropped again today. The ENFORCEMENT OFFICIALS. poverty rate is up for the first time in it be referred, with accompanying pa- (a) IN GENERAL.—Chapter 4 of title II of the 10 years. pers, to the Committee on Foreign Re- Immigration and Nationality Act (8 U.S.C. We have a lot of problems with the lations and ordered to be printed; and 1221 et seq.), as amended by this Act, is fur- economy, and we are not addressing that the President’s message be printed ther amended by inserting after section 236B in the RECORD. the following new section: them. We are focused on Iraq. I have no problem focusing on Iraq, but we can The PRESIDING OFFICER. Without ‘‘SEC. 236C. TAKING CUSTODY OF ILLEGAL objection, it is so ordered. ALIENS DETAINED BY STATE OR focus on more than one issue, and we LOCAL LAW ENFORCEMENT OFFI- have not done that. I do not think that The President’s message is as fol- CIALS. is good for the people of the State I lows: ‘‘(a) IN GENERAL.—Whenever a State or represent, the people the Presiding Of- To the Senate of the United States: local law enforcement official detains an in- ficer represents, or anyplace else in the With a view to receiving the advice dividual with reasonable belief that the indi- country. and consent of the Senate to ratifica- vidual is removable from the United States I hope we can change direction from tion, I transmit herewith the 1992 Par- under section 237 and immediately notifies what we are doing now. tial Revision of the Radio Regulations the Service of such detention, the Commis- (Geneva, 1979), with appendices, signed sioner shall, within 48 hours of that notifica- f by the United States at Malaga- tion— A FOND FAREWELL ‘‘(1) inform the State or local law enforce- Torremolinos on March 3, 1992 (the ment official in writing that the individual Mr. REID. Mr. President, I came to ‘‘1992 Partial Revision’’), together with is not unlawfully present in the United the Congress 10 years ago. One of the declarations and reservations of the S9650 CONGRESSIONAL RECORD — SENATE September 30, 2002 United States as contained in the Final LEGISLATIVE SESSION Whereas 1 American man in 6 will be diag- Acts of the World Administrative nosed with prostate cancer in his lifetime; Radio Conference for Dealing with Fre- The PRESIDING OFFICER. Under Whereas over the past decade prostate can- quency Allocations in Certain Parts of the previous order, the Senate will now cer has been the most commonly diagnosed return to legislative session. nonskin cancer and the second most common the Spectrum (WARC–92). I transmit cancer killer of American men; f also, for the information of the Senate, Whereas 189,000 American men will be diag- the report of the Department of State DEATH OF REPRESENTATIVE nosed with prostate cancer and 30,200 Amer- concerning these revisions. PATSY T. MINK OF HAWAII ican men will die of prostate cancer in 2002, The 1992 Partial Revision, which was according to American Cancer Society esti- adopted at WARC–92, constitutes a re- Mr. REID. I ask unanimous consent mates; vision of the International Tele- the Senate proceed to the consider- Whereas fully 1⁄4 of new cases of prostate communication Union (ITU) Radio ation of S. Res. 331 submitted earlier cancer occur in men during their prime today by the majority and the Repub- working years; Regulations (Geneva, 1979), as revised, Whereas African-Americans have the high- to which the United States is a party. lican leaders. The PRESIDING OFFICER. The est incidence and mortality rates of prostate It provides for additional spectrum for cancer in the world; clerk will report the resolution by new or expanding telecommunication Whereas screening by both digit rectal ex- services, primarily terrestrial and sat- title. amination and prostate-specific antigen ellite broadcasting, terrestrial and sat- The legislative clerk read as follows: blood test (PSA) can diagnose the disease in ellite mobile and space services and is A resolution (S. Res. 331) relative to the earlier and more treatable stages and has re- consistent with the proposals and posi- death of Representative Patsy T. Mink of duced prostate cancer mortality; Hawaii. Whereas the research pipeline promises tions taken by the United States at the There being no objection, the Senate further improvements in prostate cancer pre- conference. vention, early detection, and treatments; Subject to the U.S. declarations and proceeded to the consideration of the and reservations mentioned above, I believe resolution. Whereas educating Americans, including that the United States should become a Mr. REID. I ask unanimous consent health care providers, about prostate cancer party to the 1992 Partial Revision, the resolution be agreed to and the mo- and early detection strategies is crucial to which provides additional spectrum for tion to reconsider laid on the table, saving the lives of men and preserving and existing and new telecommunication with no intervening action or debate. protecting our families: Now, therefore, be it Resolved,That the Senate— services in which the United States The PRESIDING OFFICER. Without objection, it is so ordered. (1) designates the month of September 2002 plays a significant leadership role. It is as ‘‘National Prostate Cancer Awareness my hope that the Senate will take The resolution (S. Res. 331) was Month’’; early action on this matter and give its agreed to, as follows: (2) declares that the Federal Government advice and consent to ratification. S. RES. 331 has a responsibility— GEORGE W. BUSH. Resolved, That the Senate has heard with (A) to raise awareness about the impor- THE WHITE HOUSE, September 30, 2002. profound sorrow and deep regret the an- tance of screening methods and treatment of nouncement of the death of the Honorable prostate cancer; f Patsy T. Mink, late a Representative from (B) to increase research funding that is EXECUTIVE SESSION the State of Hawaii. commensurate with the burden of the disease Resolved, That the Secretary communicate so that the causes of, and improved methods these resolutions to the House of Represent- for screening, treating, and curing prostate atives and transmit an enrolled copy thereof cancer may be discovered; and NOMINATIONS DISCHARGED to the family of the deceased. (C) to continue to consider ways for im- Mr. REID. Mr. President, I ask unan- Resolved, That when the Senate adjourns or proving access to, and the quality of, health imous consent the Senate proceed to recesses today, it stand adjourned or re- care services for detecting and treating pros- executive session and the Commerce cessed as a further mark of respect to the tate cancer; and memory of the deceased Representative. (3) requests the President to issue a procla- Committee filing of nomination No. mation calling upon the people of the United 1047 and the nominations placed on the f States, interested groups, and affected per- Secretary’s desk be vitiated; that the NATIONAL PROSTATE CANCER sons to promote awareness of prostate can- Committee be discharged from further AWARENESS MONTH cer, to take an active role in the fight to end consideration of these nominations; the devastating effects of prostate cancer on that the nominations be confirmed, the Mr. REID. I ask unanimous consent individuals, their families, and the economy, motions to reconsider be laid on the the Judiciary Committee be discharged and to observe the month of September 2002 table, the President be immediately from further consideration of S. Res. with appropriate ceremonies and activities. notified of the Senate’s action; that 325 and the Senate now proceed to that f matter. any statements relating thereto be ORDERS FOR TUESDAY, OCTOBER The PRESIDING OFFICER. Without printed in the RECORD; and that the 1, 2002 Senate resume legislative session, with objection, it is so ordered. Mr. REID. I ask unanimous consent the preceding occurring without inter- The clerk will report the resolution that when the Senate completes its vening action or debate. by title. business today, it adjourn until 9:30 The PRESIDING OFFICER. Without The legislative clerk read as follows: a.m. tomorrow morning, Tuesday, Oc- objection, it is so ordered. A resolution (S. Res. 325) designating the tober 1st; that following the prayer and The nominations were considered and month of September as ‘‘National Prostate Cancer Awareness Month.’’ pledge, the morning hour be deemed confirmed as follows: expired, the Journal of Proceedings be COAST GUARD There being no objection, the Senate proceeded to consider the resolution. approved to date, the time for the two The following named officer for appoint- Mr. REID. I ask unanimous consent leaders be reserved for their use later ment to the grade indicated under Title 14, in the day, and there be a period of U.S.C., Section 271 and to serve as the Direc- the resolution and preamble be agreed tor of the Coast Guard Reserve pursuant to to, the motion to reconsider be laid on morning business until 11 a.m., with Title 14, U.S.C. Section 53: the table, and any statements relating Senators permitted to speak for up to PN2194 Coast Guard nominations (2) begin- thereto be printed in the RECORD. 10 minutes each, with the first half of ning Kurt J. Colella, and ending Lucretia The PRESIDING OFFICER. Without the time under the control of the Re- Flammang, which nominations were received objection, it is so ordered. publican leader or his designee, and the by the Senate and appeared in the CONGRES- The resolution (S. Res. 325) was second half of the time under the con- SIONAL RECORD of September 24, 2002. agreed to. trol of Senator DASCHLE or his des- PN2195 Coast Guard nominations (120) be- ignee; that at 11 a.m. the Senate re- ginning Alan N Arsenault, and ending Mat- The preamble was agreed to. thew J Zamary, which nominations were re- The resolution, with its preamble, sume consideration of the Homeland ceived by the Senate and appeared in the reads as follows: Security Act with 1 hour of debate CONGRESSIONAL RECORD of September 24, Whereas over 1,000,000 American families equally divided between the two lead- 2002. live with prostate cancer; ers or their designees, prior to a 12 September 30, 2002 CONGRESSIONAL RECORD — SENATE S9651 noon vote on cloture on the Gramm- DEPARTMENT OF AGRICULTURE OCCUPATIONAL SAFETY AND HEALTH REVIEW Miller amendment to homeland secu- THOMAS C. DORR, OF IOWA, TO BE UNDER SECRETARY COMMISSION rity; further, that the Senate recess OF AGRICULTURE FOR RURAL DEVELOPMENT, VICE JILL W. SCOTT RAILTON, OF VIRGINIA, TO BE A MEMBER OF L. LONG, RESIGNED, TO WHICH POSITION HE WAS AP- THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COM- from 12:30 to 2:15 p.m. for the weekly POINTED DURING THE LAST RECESS OF THE SENATE. MISSION FOR A TERM EXPIRING APRIL 27, 2007, VICE THOMAS C. DORR, OF IOWA, TO BE A MEMBER OF THE party conferences. GARY L. VISSCHER, TERM EXPIRED, TO WHICH POSITION BOARD OF DIRECTORS OF THE COMMODITY CREDIT COR- HE WAS APPOINTED DURING THE LAST RECESS OF THE The PRESIDING OFFICER. Without PORATION, VICE JILL L. LONG, RESIGNED, TO WHICH PO- SENATE. objection, it is so ordered. SITION HE WAS APPOINTED DURING THE LAST RECESS OF THE SENATE. f EXPORT-IMPORT BANK OF THE UNITED STATES f PROGRAM PHILIP MERRILL, OF MARYLAND, TO BE PRESIDENT OF Mr. REID. Senators have until 11 THE EXPORT-IMPORT BANK OF THE UNITED STATES FOR THE REMAINDER OF THE TERM EXPIRING JANUARY 20, CONFIRMATIONS a.m. tomorrow to file second-degree 2005, VICE JOHN E. ROBSON. amendments to the Homeland Security CORPORATION FOR PUBLIC BROADCASTING Executive nominations confirmed by the Senate September 30, 2002: Act. CHERYL FELDMAN HALPERN, OF NEW JERSEY, TO BE A f MEMBER OF THE BOARD OF DIRECTORS OF THE COR- PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- IN THE COAST GUARD ADJOURNMENT UNTIL 9:30 A.M., PIRING JANUARY 31, 2008, VICE HEIDI H. SCHULMAN, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TERM EXPIRED, TO WHICH POSITION SHE WAS AP- TOMORROW TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., SEC- POINTED DURING THE LAST RECESS OF THE SENATE. TION 271 AND TO SERVE AS THE DIRECTOR OF THE COAST Mr. REID. If there is no further busi- MERIT SYSTEMS PROTECTION BOARD GUARD RESERVE PURSUANT TO TITLE 14, U.S.C. SECTION 53: ness to come before the Senate, I ask SUSANNE T. MARSHALL, OF VIRGINIA, TO BE CHAIR- unanimous consent that the Senate MAN OF THE MERIT SYSTEMS PROTECTION BOARD, VICE To be rear admiral (lower half) stand in adjournment under the param- BETH SUSAN SLAVET, TO WHICH POSITION SHE WAS AP- POINTED DURING THE LAST RECESS OF THE SENATE. REAR ADM. (SELECTEE) ROBERT J. PAPP eters of S. Res. 331, as a further mark POSTAL RATE COMMISSION of respect to the memory of the de- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO TONY HAMMOND, OF VIRGINIA, TO BE A COMMISSIONER THE NOMINEE’S COMMITMENT TO RESPOND TO RE- ceased PATSY MINK. OF THE POSTAL RATE COMMISSION FOR THE REMAIN- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY There being no objection, the Senate, DER OF THE TERM EXPIRING OCTOBER 14, 2004, VICE ED- CONSTITUTED COMMITTEE OF THE SENATE. at 6:16 p.m., adjourned until Tuesday, WARD JAY GLEIMAN, RESIGNED, TO WHICH POSITION HE COAST GUARD NOMINATIONS BEGINNING KURT J. WAS APPOINTED DURING THE LAST RECESS OF THE SEN- COLELLA AND ENDING LUCRETIA FLAMMANG, WHICH October 1, 2002, at 9:30 a.m. ATE. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNITED STATES POSTAL SERVICE PEARED IN THE CONGRESSIONAL RECORD ON SEP- f TEMBER 24, 2002. ALBERT CASEY, OF TEXAS, TO BE A GOVERNOR OF THE COAST GUARD NOMINATIONS BEGINNING ALAN N. NOMINATIONS UNITED STATES POSTAL SERVICE FOR A TERM EXPIR- ARSENAULT AND ENDING MATTHEW J. ZAMARY, WHICH ING DECEMBER 8, 2009, VICE TIRSO DEL JUNCO, TERM EX- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- Executive nominations received by PIRED, TO WHICH POSITION HE WAS APPOINTED DURING PEARED IN THE CONGRESSIONAL RECORD ON SEP- the Senate September 30, 2002: THE LAST RECESS OF THE SENATE. TEMBER 24, 2002.