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

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

Vol. 148 WASHINGTON, FRIDAY, NOVEMBER 22, 2002 No. 152 Senate The Senate was not in session today. Its next meeting will be held on Tuesday, January 7, 2003, at 12 noon. House of Representatives FRIDAY, NOVEMBER 22, 2002

The House met at 11 a.m. and was WASHINGTON, DC, PRAYER called to order by the Speaker pro tem- November 22, 2002. pore (Mr. THORNBERRY). I hereby appoint the Honorable MAC The Chaplain, the Reverend Daniel P. Coughlin, offered the following prayer: f THORNBERY to act as Speaker pro tempore on this day. DESIGNATION OF THE SPEAKER Lord of history and Creator of all, J. DENNIS HASTERT, America’s Thanksgiving prayer has PRO TEMPORE Speaker of the House of Representatives. The SPEAKER pro tempore laid be- grown mightily since first heard from fore the House the following commu- Pilgrim voices. nication from the Speaker:

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

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 0ct 31 2002 01:36 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.000 H22PT1 H9038 CONGRESSIONAL RECORD — HOUSE November 22, 2002 Our freedom of religion in this great matching requirement related to such appro- The message also announced that the land has expanded the expression of priations, and for other purposes. Senate agrees to the amendments of faith and gratitude of its people. Our H.R. 1989. An act to reauthorize various the House to the bills of the Senate of fishing conservation management programs, the following titles: freedom of assembly has gathered men, and for other purposes. women, and children down through the H.R. 5005. An act to establish the Depart- S. 941. An act to revise the boundaries of years from different nations, lan- ment of Homeland Security, and for other the Golden Gate National Recreation Area in guages, and from different economic purposes. the State of California, to extend the term of The message also announced that the the advisory commission for the recreation and educational backgrounds to say in area, and for other purposes. unison: ‘‘Thank You, Lord.’’ Senate has passed bills and concurrent S. 1894. An act to direct the Secretary of Our freedom of speech is conditioned resolutions of the following titles in the Interior to conduct a special resource by our prayer to You converting hearts which the concurrence of the House is study to determine the national significance to speak with compassion and forgive- requested: of the Miami Circle site in the State of Flor- ness to family and neighbor alike. Our S. 12. An act to amend the Peace Corps Act ida as well as the suitability and feasibility freedom to bear arms is restricted by to promote global acceptance of the prin- of its inclusion in the National Park System ciples of international peace and nonviolent as part of Biscayne National Park, and for Your wisdom to defend and protect other purposes. deeper values such as life and justice. coexistence among peoples of diverse cul- The message also announced that the Around tables throughout this land tures and systems of government, and for other purposes. Senate disagreed to the amendment of and the years, prayer has ushered in S. 13. An act to extend authorization for the House to the bill of the Senate of conversation, decisions, and the estab- the national flood insurance program. the following title: lishment of the great American experi- S. 14. An act to amend the Agricultural Ad- S. 1105. An act to provide for the expedi- justment Act of 1938 to extend the farm re- ment in government. Today, across the tious completion of the acquisition of State constitution provision to the 2003 and 2004 tables of this Chamber, we give You of Wyoming lands within the boundaries of crops. thanks for the 107th Congress of the Grand Teton National Park, and for other S. 198. An act to require the Secretary of United States of America. purposes. the Interior to establish a program to pro- Dear Lord, may our Thanksgiving vide assistance through States to eligible f prayer this year renew deep gratitude weed management entities to control or APPOINTMENT OF HON. RICHARD in the hearts of all Americans for our eradicate harmful, nonnative weeds on pub- K. ARMEY TO ACT AS SPEAKER many blessings. Deliver us Lord from lic and private land. PRO TEMPORE TO SIGN EN- fear, war, and prejudice of every kind, S. 606. An act to provide additional author- ROLLED BILLS AND JOINT RESO- that we might truly live as Your free ity to the Office of Ombudsman of the Envi- LUTIONS TODAY children giving You thanks and praise ronmental Protection Agency. S. 1340. An act to amend the Indian Land now and for ever. Amen. The SPEAKER pro tempore laid be- Consolidation Act to provide for probate re- fore the House the following Commu- f form with respect to trust or restricted nication from the Speaker: lands. THE JOURNAL S. 1816. An act to provide for the continu- HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. The ation of higher education through the con- Washington, DC, November 22, 2002. veyance of certain public lands in the State I hereby appoint the Honorable Richard K. Chair has examined the Journal of the Armey to act as Speaker pro tempore to sign last day’s proceedings and announces of Alaska to the University of Alaska, and for other purposes. enrolled bills and joint resolutions on this to the House his approval thereof. S. 2063. An act to authorize the Secretary day. Pursuant to clause 1, rule I, the Jour- of Agriculture to sell or exchange all or part J. DENNIS HASTERT, nal stands approved. of certain administrative sites and other Speaker of the House of Representatives. f land in the Ozark-St. Francis and Ouachita The SPEAKER pro tempore. Without National Forests and to use funds derived objection, the appointment is ap- PLEDGE OF ALLEGIANCE from the sale or exchange to acquire, con- proved. The SPEAKER pro tempore. Will the struct, or improve administrative sites. There was no objection. S. 2222. An act to resolve certain convey- gentleman from Indiana (Mr. BURTON) ance and provide for alternative land selec- f come forward and lead the House in the tion under the Alaska Native Claims Settle- APPOINTMENT AS MEMBERS OF Pledge of Allegiance. ment Act related to Cape Fox Corporation BENJAMIN FRANKLIN TER- Mr. BURTON of Indiana led the and Sealaska Corporation, and for other pur- CENTENARY COMMISSION Pledge of Allegiance as follows: poses. The SPEAKER pro tempore. Without I pledge allegiance to the Flag of the S. 2556. An act to authorize the Secretary United States of America, and to the Repub- of the Interior to convey certain facilities to objection, and pursuant to section lic for which it stands, one nation under God, the Fremont-Madison Irrigation District in 5(a)(2) of the Benjamin Franklin Ter- indivisible, with liberty and justice for all. the State of Idaho. centenary Commission Act (Pub. L. S. 2577. An act to repeal the sunset of the 107–202), the Chair announces the f Economic Growth and Tax Relief Reconcili- Speaker’s appointment of the following MESSAGE FROM THE SENATE ation Act of 2001 with respect to the exclusion from Federal income tax for restitution Member of the House to the Benjamin A message from the Senate by Mr. received by victims of the Nazi Regime, Franklin Tercentenary Commission: Monahan, one of its clerks, announced S. 2670 An act to establish Institutes to Mr. CASTLE of Delaware that the Senate has passed with conduct research on the prevention of, and and, in addition, Mrs. Elise DuPont of Rockland, Dela- amendments in which the concurrence restoration from, wildfires in forest and ware. of the House is requested, bills of the woodland ecosystems of the interior West. S. 2711. An act to reauthorize and improve There was no objection. House of the following titles: programs relating to Native Americans. f H.R. 37. An act to amend the National S. 2872. An act to reinstate and extend the Trails System Act to update the feasibility deadline for commencement of construction COMMUNICATION FROM THE and suitability studies of 4 national historic of a hydroelectric project in the State of Illi- CLERK OF THE HOUSE trails and provide for possible additions to nois. The SPEAKER pro tempore laid be- such trails. S. 3079. An act to authorize the issuance of H.R. 695. An act to establish the Oil Region immigrant visas to, and the admission to the fore the House the following commu- National Heritage Area. United States for permanent residence of, nication from the Clerk of the House of H.R. 980. An act to establish the Moccasin certain scientists, engineers, and technicians Representatives: Bend National Historic Site in the State of who have worked in Iraqi weapons of mass OFFICE OF THE CLERK, Tennessee as a unit of the National Park destruction programs. HOUSE OF REPRESENTATIVES, System. S. Con. Res. 159. Concurrent Resolution to Washington, DC, November 20, 2002. H.R. 1606. An act to amend section 507 of corr3ect the enrollment of S. 1843 Hon. J. DENNIS HASTERT, the Omnibus Parks and Public Lands Man- S. Con. Res. 160. Concurrent Resolution The Speaker, House of Representatives, agement Act of 1996 to authorize additional providing for the sine die adjournment of the Washington, DC. appropriations for Historically Black Col- One Hundred Seventh Congress, Second Ses- DEAR MR. SPEAKER: Pursuant to the per- leges and Universities, to decrease the sion. mission granted in Clause 2(h) of Rule II of

VerDate 0ct 31 2002 03:58 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.002 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9039 the Rules of the U.S. House of Representa- That the Senate passed without amend- H.R. 3908, to reauthorize the North tives, the Clerk received the following mes- ment H.R. 3954. American Wetlands Conservation Act, sage from the Secretary of the Senate on No- That the Senate passed without amend- and for other purposes; vember 20, 2002 at 11:35 a.m.: ment H.R. 4129. That the Senate agreed to House amend- That the Senate passed without amend- H.R. 5504, to provide for the improvement S. 1240. ment H.R. 4638. ment of the safety of child restraints in That the Senate agreed to conference re- That the Senate passed without amend- passenger motor vehicles, and for other port H.R. 3210. ment H.R. 4682. purposes; That the Senate passed without amend- That the Senate passed without amend- H.J. Res. 124, making further con- ment H.J. Res. 124. ment H.R. 4750. With best wishes, I am That the Senate passed without amend- tinuing appropriations for the fiscal Sincerely, ment H.R. 4874. year 2003, and for other purposes; JEFF TRANDAHL, That the Senate passed without amend- S. 1010, to extend the deadline for Clerk of the House. ment H.R. 4944. commencement of construction of a f That the Senate passed without amend- hydroelectric project in the State of ment H.R. 4953. North Carolina; COMMUNICATION FROM THE That the Senate passed without amend- CLERK OF THE HOUSE ment H.R. 5099. S. 1226, to require the display of the That the Senate passed without amend- POW/MIA flag at the World War II Me- The SPEAKER pro tempore laid be- ment H.R. 5125. morial, the Korean War Veterans Me- fore the House the following commu- That the Senate passed without amend- morial, and the Vietnam Veterans Me- nication from the Clerk of the House of ment H.R. 5436. morial; Representatives: That the Senate passed without amendment H.R. 5738. S. 1907, to direct the Secretary of the OFFICE OF THE CLERK, Interior to convey certain land to the HOUSE OF REPRESENTATIVES, With best wishes, I am Washington, DC, November 20, 2002. Sincerely, city of Haines, Oregon; Hon. J. DENNIS HASTERT, JEFF TRANDAHL, S. 1946, to amend the National Trails The Speaker, House of Representatives, Clerk of the House. System Act to designate the Old Span- Washington, DC. f ish Trail as a national historic trail; DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 2(h) of Rule II of COMMUNICATION FROM THE S. 2239, to amend the National Hous- the Rules of the U.S. House of Representa- CLERK OF THE HOUSE ing Act to simplify the downpayment requirement for FHA mortgage insur- tives, the Clerk received the following mes- The SPEAKER pro tempore laid be- ance for single family homebuyers; sage from the Secretary of the Senate on No- fore the House the following commu- vember 20, 2002 at 1:50 p.m.: nication from the Clerk of the House of S. 2712, to authorize economic and That the Senate passed without amend- Democratic development assistance for ment H.J. Res. 117. Representatives: Afghanistan and to authorize military That the Senate passed without amend- OFFICE OF THE CLERK, ment H.R. 38. HOUSE OF REPRESENTATIVES, assistance for Afghanistan and certain That the Senate passed without amend- Washington, DC, November 21, 2002. other foreign countries; ment H.R. 308. Hon. J. DENNIS HASTERT, S. 3044, to authorize the court serv- That the Senate passed without amend- The Speaker, House of Representatives, ices and offender supervision agency of ment H.R. 451. Washington, DC. the District of Columbia to provide for That the Senate passed without amend- DEAR MR. SPEAKER: Pursuant to the per- the interstate supervision of offenders ment H.R. 706. mission granted in Clause 2(h) of Rule II of That the Senate passed without amend- the Rules of the U.S. House of Representa- on parole, probation and supervised re- ment H.R. 1712. tives, the Clerk received the following mes- lease; That the Senate passed without amend- sage from the Secretary of the Senate on No- S. 3156, to provide a grant for the ment H.R. 1776. vember 21, 2002 at 1:42 p.m. construction of a new community cen- That the Senate passed without amend- That the Senate agreed to House amend- ter in St. Paul, Minnesota, in honor of ment H.R. 1814. ment S. 2017. the late Senator Paul Wellstone and That the Senate passed without amend- That the Senate passed without amendment H.R. 1870. ment H.R. 2187. his beloved wife, Sheila; That the Senate passed without amend- That the Senate passed without amend- S.J. Res. 53, relative to the convening ment H.R. 1906. ment H.R. 3180. of the first session of the 108th Con- That the Senate passed without amend- That the Senate passed without amend- gress. ment H.R. 1925. ment H.R. 4692. That the Senate passed without amend- That the Senate passed without amend- f ment H.R. 2099. ment H.R. 4823. That the Senate passed without amend- That the Senate passed without amendment H.R. 2109. ment H.R. 4883. COMMUNICATION FROM THE That the Senate passed without amend- That the Senate passed without amend- CLERK OF THE HOUSE ment H.R. 2115. ment H.R. 5472. That the Senate passed without amend- That the Senate passed without amend- The SPEAKER pro tempore laid be- ment H.R. 2385. ment H. Con. Res. 349. fore the House the following commu- That the Senate passed without amend- With best wishes, I am nication from the Clerk of the House of ment H.R. 2628. Sincerely, Representatives: That the Senate passed without amend- JEFF TRANDAHL, OFFICE OF THE CLERK, ment H.R. 2818. Clerk of the House. HOUSE OF REPRESENTATIVES, That the Senate passed without amend- f Washington, DC, November 19, 2002. ment H.R. 2828. Hon. J. DENNIS HASTERT, That the Senate passed without amend- ANNOUNCEMENT BY THE SPEAKER The Speaker, House of Representatives, ment H.R. 2937. PRO TEMPORE Washington, DC. That the Senate passed without amendment H.R. 2990. The SPEAKER pro tempore. Pursu- DEAR MR. SPEAKER: Pursuant to the per- That the Senate passed without amend- ant to clause 4 of rule 1, Speaker pro mission granted in Clause 2(h) of Rule II of ment H.R. 3048. tempore DAVIS signed the following en- the Rules of the U.S. House of Representa- That the Senate passed without amend- rolled bills and joint resolutions on tives, I have the honor to transmit a sealed ment H.R. 3401. Wednesday, November 20, 2002: envelope received from the White House on That the Senate passed without amend- H.R. 727, to amend the Consumer November 19, 2002 at 3:15 p.m. and said to ment H.R. 3449. contain a message from the President where- Product Safety Act to provide that by he transmits the State of Small Business That the Senate passed without amend- low-speed electric bicycles are con- ment H.R. 3747. Annual Report. That the Senate passed without amend- sumer products subject to such Act; With best wishes, I am ment H.R. 3858. H.R. 2595, to direct the Secretary of Sincerely, That the Senate passed without amend- the Army to convey a parcel of land to JEFF TRANDAHL, ment H.R. 3909. Chatham County, Georgia; Clerk of the House.

VerDate 0ct 31 2002 03:58 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.006 H22PT1 H9040 CONGRESSIONAL RECORD — HOUSE November 22, 2002 STATE OF SMALL BUSINESS AN- COMMUNICATION FROM THE TITLE I—DEPARTMENT OF HOMELAND NUAL REPORT—MESSAGE FROM CLERK OF THE HOUSE SECURITY THE PRESIDENT OF THE UNITED The SPEAKER pro tempore laid be- Sec. 101. Executive department; mission. STATES Sec. 102. Secretary; functions. fore the House the following commu- Sec. 103. Other officers. The SPEAKER pro tempore laid be- nication from the Clerk of the House of TITLE II—INFORMATION ANALYSIS AND fore the House the following message Representatives: INFRASTRUCTURE PROTECTION from the President of the United OFFICE OF THE CLERK, Subtitle A—Directorate for Information Anal- States; which was read and, together HOUSE OF REPRESENTATIVES, ysis and Infrastructure Protection; Access to Washington, DC, November 19, 2002. Information with the accompanying papers, without Hon. J. DENNIS HASTERT, objection, referred to the Committee Sec. 201. Directorate for Information Analysis The Speaker, House of Representatives, and Infrastructure Protection. on Small Business: Washington, DC. Sec. 202. Access to information. DEAR MR. SPEAKER: Pursuant to the per- Subtitle B—Critical Infrastructure Information To the Congress of the United States: mission granted in Clause 2(h) of Rule II of This report documents the state of the Rules of the U.S. House of Representa- Sec. 211. Short title. tives, I have the honor to transmit a sealed Sec. 212. Definitions. small business at the end of the 20th Sec. 213. Designation of critical infrastructure century. Small businesses have always envelope received from the White House on November 19, 2002 at 3:15 p.m. and said to protection program. Sec. 214. Protection of voluntarily shared crit- been the backbone of our economy. contain a message from the President where- ical infrastructure information. They perennially account for most in- by he transmits the Annual Report of the Sec. 215. No private right of action. novation and job creation. Small busi- Railroad Retirement Board. nesses have sustained the economy With best wishes, I am Subtitle C—Information Security when it is robust and growing as well Sincerely, Sec. 221. Procedures for sharing information. Sec. 222. Privacy Officer. as in weaker times when small busi- JEFF TRANDAHL, Clerk of the House. Sec. 223. Enhancement of non-Federal nesses have put the economy back on cybersecurity. the track to long-term growth. f Sec. 224. Net guard. Sec. 225. Cyber Security Enhancement Act of We must work together to give small ANNUAL REPORT OF UNITED STATES RAILROAD RETIREMENT 2002. businesses an environment in which Subtitle D—Office of Science and Technology they can thrive. Small businesses are BOARD—MESSAGE FROM THE PRESIDENT OF THE UNITED Sec. 231. Establishment of office; Director. disproportionately affected by Govern- STATES Sec. 232. Mission of office; duties. ment regulations and paperwork, and I Sec. 233. Definition of law enforcement tech- am committed to reducing this burden. The SPEAKER pro tempore laid be- nology. We should regulate only where there is fore the House the following message Sec. 234. Abolishment of Office of Science and a real need, fully justified through rig- from the President of the United Technology of National Institute of Justice; transfer of functions. orous cost-benefit analysis and clear States; which was read and, together with the accompanying papers, without Sec. 235. National Law Enforcement and Cor- legal authority. And when Government rections Technology Centers. must regulate, it must adopt common- objection, referred to the Committee Sec. 236. Coordination with other entities with- sense approaches. Regulations work on Transportation and Infrastructure in Department of Justice. best when agencies anticipate and ana- and the Committee on Ways and Sec. 237. Amendments relating to National In- stitute of Justice. lyze the effects of their proposals on Means: TITLE III—SCIENCE AND TECHNOLOGY IN small firms. Rules need to reflect the To the Congress of the United States: SUPPORT OF HOMELAND SECURITY ability of small businesses to comply. I transmit herewith the Annual Re- Sec. 301. Under Secretary for Science and Tech- Another barrier to unleashing the port of the Railroad Retirement Board nology. full potential of small business is our presented for forwarding to you for the Sec. 302. Responsibilities and authorities of the fiscal year ended September 30, 2001, tax code. I am committed to reducing Under Secretary for Science and pursuant to the provisions of section Technology. taxes for all Americans—especially 7(b)(6) of the Railroad Retirement Act Sec. 303. Functions transferred. small businesses. We must eliminate and section 12(1) of the Railroad Unem- Sec. 304. Conduct of certain public health-re- permanently the estate tax, which so lated activities. ployment Insurance Act. often has spelled the death of the busi- Sec. 305. Federally funded research and devel- GEORGE W. BUSH. ness and the jobs of its employees after opment centers. THE WHITE HOUSE, November 19, 2002. Sec. 306. Miscellaneous provisions. the death of its founder. Our tax code f Sec. 307. Homeland Security Advanced Re- should encourage investment in small search Projects Agency. businesses, and particularly in new and HOMELAND SECURITY ACT OF 2002 Sec. 308. Conduct of research, development, growing businesses. Because the inno- Mr. ARMEY. Mr. Speaker, I ask demonstration, testing and eval- vations that drive tomorrow’s economy unanimous consent to take from the uation. come from entrepreneurial small busi- Speaker’s table the bill (H.R. 5005) to Sec. 309. Utilization of Department of Energy national laboratories and sites in nesses today, we must help them enter establish the Department of Homeland support of homeland security ac- the marketplace, not impede them be- Security, and for other purposes, with tivities. fore they get there. Above all, small a Senate amendment thereto, and con- Sec. 310. Transfer of Plum Island Animal Dis- businesses need a tax code that is un- cur in the Senate amendment. ease Center, Department of Agri- derstandable and stable. Fairness, sim- The Clerk read the title of the bill. culture. plicity, transparency, and account- The Clerk read the Senate amend- Sec. 311. Homeland Security Science and Tech- ment, as follows: nology Advisory Committee. ability should be our goals, and I am Sec. 312. Homeland Security Institute. committed to this end. Resolved, That the bill from the House of Sec. 313. Technology clearinghouse to encour- Representatives (H.R. 5005) entitled ‘‘An Act age and support innovative solu- Small business embodies so much of to establish the Department of Homeland Se- what America is all about. Self-reli- tions to enhance homeland secu- curity, and for other purposes.’’, do pass with rity. ance, hard work, innovation, the cour- the following Senate Amendment: TITLE IV—DIRECTORATE OF BORDER AND age to take risks for future growth: Strike out all after the enacting clause and TRANSPORTATION SECURITY these are values that have served our insert: Subtitle A—Under Secretary for Border and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Nation well since its very beginning. Transportation Security (a) SHORT TITLE.—This Act may be cited as They are values to be passed on from Sec. 401. Under Secretary for Border and generation to generation. We must en- the ‘‘Homeland Security Act of 2002’’. (b) TABLE OF CONTENTS.—The table of con- Transportation Security. sure that our small businesses continue tents for this Act is as follows: Sec. 402. Responsibilities. Sec. 403. Functions transferred. to thrive and prosper, not just for their Sec. 1. Short title; table of contents. own sakes, but for all of us. Sec. 2. Definitions. Subtitle B—United States Customs Service GEORGE W. BUSH. Sec. 3. Construction; severability. Sec. 411. Establishment; Commissioner of Cus- THE WHITE HOUSE, November 19, 2002. Sec. 4. Effective date. toms.

VerDate 0ct 31 2002 03:58 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 4636 Sfmt 6343 E:\CR\FM\K22NO7.008 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9041 Sec. 412. Retention of customs revenue func- Sec. 505. Conduct of certain public health-re- Sec. 872. Reorganization. tions by Secretary of the Treas- lated activities. Sec. 873. Use of appropriated funds. ury. Sec. 506. Definition. Sec. 874. Future Year Homeland Security Pro- Sec. 413. Preservation of customs funds. Sec. 507. Role of Federal Emergency Manage- gram. Sec. 414. Separate budget request for customs. ment Agency. Sec. 875. Miscellaneous authorities. Sec. 415. Definition. Sec. 508. Use of national private sector net- Sec. 876. Military activities. Sec. 416. GAO report to Congress. works in emergency response. Sec. 877. Regulatory authority and preemption. Sec. 417. Allocation of resources by the Sec- Sec. 509. Use of commercially available tech- Sec. 878. Counternarcotics officer. retary. nology, goods, and services. Sec. 879. Office of International Affairs. Sec. 418. Reports to Congress. TITLE VI—TREATMENT OF CHARITABLE Sec. 880. Prohibition of the Terrorism Informa- Sec. 419. Customs user fees. TRUSTS FOR MEMBERS OF THE ARMED tion and Prevention System. Sec. 881. Review of pay and benefit plans. Subtitle C—Miscellaneous Provisions FORCES OF THE UNITED STATES AND Sec. 882. Office for National Capital Region Co- Sec. 421. Transfer of certain agricultural in- OTHER GOVERNMENTAL ORGANIZA- TIONS ordination. spection functions of the Depart- Sec. 883. Requirement to comply with laws pro- ment of Agriculture. Sec. 601. Treatment of charitable trusts for tecting equal employment oppor- Sec. 422. Functions of Administrator of General members of the Armed Forces of tunity and providing whistle- Services. the United States and other gov- blower protections. Sec. 423. Functions of Transportation Security ernmental organizations. Sec. 884. Federal Law Enforcement Training Administration. TITLE VII—MANAGEMENT Center. Sec. 424. Preservation of Transportation Secu- Sec. 701. Under Secretary for Management. Sec. 885. Joint Interagency Task Force. rity Administration as a distinct Sec. 702. Chief Financial Officer. Sec. 886. Sense of Congress reaffirming the con- entity. Sec. 703. Chief Information Officer. tinued importance and applica- Sec. 425. Explosive detection systems. Sec. 704. Chief Human Capital Officer. bility of the Posse Comitatus Act. Sec. 426. Transportation security. Sec. 705. Establishment of Officer for Civil Sec. 887. Coordination with the Department of Sec. 427. Coordination of information and in- Rights and Civil Liberties. Health and Human Services under formation technology. Sec. 706. Consolidation and co-location of of- the Public Health Service Act. Sec. 428. Visa issuance. fices. Sec. 888. Preserving Coast Guard mission per- Sec. 429. Information on visa denials required TITLE VIII—COORDINATION WITH NON- formance. to be entered into electronic data FEDERAL ENTITIES; INSPECTOR GEN- Sec. 889. Homeland security funding analysis in system. ERAL; UNITED STATES SECRET SERVICE; President’s budget. Sec. 430. Office for Domestic Preparedness. COAST GUARD; GENERAL PROVISIONS Sec. 890. Air Transportation Safety and System Subtitle D—Immigration Enforcement Functions Subtitle A—Coordination with Non-Federal Stabilization Act. Sec. 441. Transfer of functions to Under Sec- Entities Subtitle I—Information Sharing retary for Border and Transpor- Sec. 801. Office for State and Local Government Sec. 891. Short title; findings; and sense of Con- tation Security. Coordination. gress. Sec. 442. Establishment of Bureau of Border Se- Subtitle B—Inspector General Sec. 892. Facilitating homeland security infor- curity. mation sharing procedures. Sec. 443. Professional responsibility and quality Sec. 811. Authority of the Secretary. Sec. 893. Report. Sec. 812. Law enforcement powers of Inspector review. Sec. 894. Authorization of appropriations. General agents. Sec. 444. Employee discipline. Sec. 895. Authority to share grand jury infor- Sec. 445. Report on improving enforcement Subtitle C—United States Secret Service mation. functions. Sec. 821. Functions transferred. Sec. 896. Authority to share electronic, wire, Sec. 446. Sense of Congress regarding construc- Subtitle D—Acquisitions and oral interception information. Sec. 897. Foreign intelligence information. tion of fencing near San Diego, Sec. 831. Research and development projects. Sec. 898. Information acquired from an elec- California. Sec. 832. Personal services. tronic surveillance. Subtitle E—Citizenship and Immigration Sec. 833. Special streamlined acquisition au- Sec. 899. Information acquired from a physical Services thority. search. Sec. 451. Establishment of Bureau of Citizen- Sec. 834. Unsolicited proposals. TITLE IX—NATIONAL HOMELAND ship and Immigration Services. Sec. 835. Prohibition on contracts with cor- SECURITY COUNCIL Sec. 452. Citizenship and Immigration Services porate expatriates. Ombudsman. Subtitle E—Human Resources Management Sec. 901. National Homeland Security Council. Sec. 453. Professional responsibility and quality Sec. 841. Establishment of Human Resources Sec. 902. Function. Sec. 903. Membership. review. Management System. Sec. 454. Employee discipline. Sec. 842. Labor-management relations. Sec. 904. Other functions and activities. Sec. 455. Effective date. Sec. 905. Staff composition. Subtitle F—Federal Emergency Procurement Sec. 906. Relation to the National Security Sec. 456. Transition. Flexibility Sec. 457. Funding for citizenship and immigra- Council. tion services. Sec. 851. Definition. TITLE X—INFORMATION SECURITY Sec. 852. Procurements for defense against or Sec. 458. Backlog elimination. recovery from terrorism or nu- Sec. 1001. Information security. Sec. 459. Report on improving immigration serv- Sec. 1002. Management of information tech- clear, biological, chemical, or ra- ices. nology. diological attack. Sec. 460. Report on responding to fluctuating Sec. 853. Increased simplified acquisition Sec. 1003. National Institute of Standards and needs. threshold for procurements in Technology. Sec. 461. Application of Internet-based tech- Sec. 1004. Information Security and Privacy support of humanitarian or nologies. Advisory Board. peacekeeping operations or con- Sec. 462. Children’s affairs. Sec. 1005. Technical and conforming amend- tingency operations. ments. Subtitle F—General Immigration Provisions Sec. 854. Increased micro-purchase threshold Sec. 1006. Construction. Sec. 471. Abolishment of INS. for certain procurements. Sec. 472. Voluntary separation incentive pay- Sec. 855. Application of certain commercial TITLE XI—DEPARTMENT OF JUSTICE ments. items authorities to certain pro- DIVISIONS Sec. 473. Authority to conduct a demonstration curements. Subtitle A—Executive Office for Immigration project relating to disciplinary ac- Sec. 856. Use of streamlined procedures. Review tion. Sec. 857. Review and report by Comptroller Sec. 1101. Legal status of EOIR. Sec. 474. Sense of Congress. General. Sec. 1102. Authorities of the Attorney General. Sec. 475. Director of Shared Services. Sec. 858. Identification of new entrants into the Sec. 1103. Statutory construction. Federal marketplace. Sec. 476. Separation of funding. Subtitle B—Transfer of the Bureau of Alcohol, Sec. 477. Reports and implementation plans. Subtitle G—Support Anti-terrorism by Fostering Tobacco and Firearms to the Department of Sec. 478. Immigration functions. Effective Technologies Act of 2002 Justice TITLE V—EMERGENCY PREPAREDNESS Sec. 861. Short title. Sec. 1111. Bureau of Alcohol, Tobacco, Fire- AND RESPONSE Sec. 862. Administration. arms, and Explosives. Sec. 501. Under Secretary for Emergency Pre- Sec. 863. Litigation management. Sec. 1112. Technical and conforming amend- paredness and Response. Sec. 864. Risk management. ments. Sec. 502. Responsibilities. Sec. 865. Definitions. Sec. 1113. Powers of agents of the Bureau of Al- Sec. 503. Functions transferred. Subtitle H—Miscellaneous Provisions cohol, Tobacco, Firearms, and Ex- Sec. 504. Nuclear incident response. Sec. 871. Advisory committees. plosives.

VerDate 0ct 31 2002 01:36 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 4636 Sfmt 6343 E:\CR\FM\A22NO7.030 H22PT1 H9042 CONGRESSIONAL RECORD — HOUSE November 22, 2002 Sec. 1114. Explosives training and research fa- Sec. 1516. Incidental transfers. (B) an Indian tribe or authorized tribal orga- cility. Sec. 1517. Reference. nization, or in Alaska a Native village or Alaska Sec. 1115. Personnel management demonstra- TITLE XVI—CORRECTIONS TO EXISTING Regional Native Corporation; and tion project. LAW RELATING TO AIRLINE TRANSPOR- (C) a rural community, unincorporated town Subtitle C—Explosives TATION SECURITY or village, or other public entity. (11) The term ‘‘major disaster’’ has the mean- Sec. 1121. Short title. Sec. 1601. Retention of security sensitive infor- ing given in section 102(2) of the Robert T. Staf- Sec. 1122. Permits for purchasers of explosives. mation authority at Department ford Disaster Relief and Emergency Assistance Sec. 1123. Persons prohibited from receiving or of Transportation. possessing explosive materials. Sec. 1602. Increase in civil penalties. Act (42 U.S.C. 5122). Sec. 1124. Requirement to provide samples of ex- Sec. 1603. Allowing United States citizens and (12) The term ‘‘personnel’’ means officers and plosive materials and ammonium United States nationals as screen- employees. (13) The term ‘‘Secretary’’ means the Sec- nitrate. ers. Sec. 1125. Destruction of property of institu- retary of Homeland Security. TITLE XVII—CONFORMING AND (14) The term ‘‘State’’ means any State of the tions receiving Federal financial TECHNICAL AMENDMENTS assistance. United States, the District of Columbia, the Sec. 1701. Inspector General Act of 1978. Sec. 1126. Relief from disabilities. Commonwealth of Puerto Rico, the Virgin Is- Sec. 1702. Executive Schedule. Sec. 1127. Theft reporting requirement. lands, Guam, American Samoa, the Common- Sec. 1703. United States Secret Service. Sec. 1128. Authorization of appropriations. wealth of the Northern Mariana Islands, and Sec. 1704. Coast Guard. any possession of the United States. TITLE XII—AIRLINE WAR RISK INSURANCE Sec. 1705. Strategic national stockpile and (15) The term ‘‘terrorism’’ means any activity LEGISLATION smallpox vaccine development. that— Sec. 1201. Air carrier liability for third party Sec. 1706. Transfer of certain security and law (A) involves an act that— claims arising out of acts of ter- enforcement functions and au- (i) is dangerous to human life or potentially rorism. thorities. destructive of critical infrastructure or key re- Sec. 1202. Extension of insurance policies. Sec. 1707. Transportation security regulations. sources; and Sec. 1203. Correction of reference. Sec. 1708. National Bio-Weapons Defense Anal- (ii) is a violation of the criminal laws of the Sec. 1204. Report. ysis Center. United States or of any State or other subdivi- TITLE XIII—FEDERAL WORKFORCE Sec. 1709. Collaboration with the Secretary of sion of the United States; and IMPROVEMENT Homeland Security. (B) appears to be intended— Subtitle A—Chief Human Capital Officers Sec. 1710. Railroad safety to include railroad (i) to intimidate or coerce a civilian popu- security. lation; Sec. 1301. Short title. Sec. 1711. Hazmat safety to include hazmat se- (ii) to influence the policy of a government by Sec. 1302. Agency Chief Human Capital Offi- curity. intimidation or coercion; or cers. Sec. 1712. Office of Science and Technology (iii) to affect the conduct of a government by Sec. 1303. Chief Human Capital Officers Coun- Policy. mass destruction, assassination, or kidnapping. cil. Sec. 1713. National Oceanographic Partnership (16)(A) The term ‘‘United States’’, when used Sec. 1304. Strategic human capital manage- Program. in a geographic sense, means any State of the ment. Sec. 1714. Clarification of definition of manu- Sec. 1305. Effective date. United States, the District of Columbia, the facturer. Commonwealth of Puerto Rico, the Virgin Is- Subtitle B—Reforms Relating to Federal Human Sec. 1715. Clarification of definition of vaccine- lands, Guam, American Samoa, the Common- Capital Management related injury or death. wealth of the Northern Mariana Islands, any Sec. 1311. Inclusion of agency human capital Sec. 1716. Clarification of definition of vaccine. possession of the United States, and any waters strategic planning in performance Sec. 1717. Effective date. within the jurisdiction of the United States. plans and programs performance SEC. 2. DEFINITIONS. (B) Nothing in this paragraph or any other reports. In this Act, the following definitions apply: provision of this Act shall be construed to mod- Sec. 1312. Reform of the competitive service hir- (1) Each of the terms ‘‘American homeland’’ ify the definition of ‘‘United States’’ for the ing process. and ‘‘homeland’’ means the United States. purposes of the Immigration and Nationality Sec. 1313. Permanent extension, revision, and (2) The term ‘‘appropriate congressional com- Act or any other immigration or nationality expansion of authorities for use of mittee’’ means any committee of the House of law. voluntary separation incentive Representatives or the Senate having legislative SEC. 3. CONSTRUCTION; SEVERABILITY. pay and voluntary early retire- or oversight jurisdiction under the Rules of the Any provision of this Act held to be invalid or ment. House of Representatives or the Senate, respec- unenforceable by its terms, or as applied to any Sec. 1314. Student volunteer transit subsidy. tively, over the matter concerned. person or circumstance, shall be construed so as Subtitle C—Reforms Relating to the Senior (3) The term ‘‘assets’’ includes contracts, fa- to give it the maximum effect permitted by law, Executive Service cilities, property, records, unobligated or unex- unless such holding shall be one of utter inva- Sec. 1321. Repeal of recertification requirements pended balances of appropriations, and other lidity or unenforceability, in which event such of senior executives. funds or resources (other than personnel). provision shall be deemed severable from this Sec. 1322. Adjustment of limitation on total an- (4) The term ‘‘critical infrastructure’’ has the Act and shall not affect the remainder thereof, nual compensation. meaning given that term in section 1016(e) of or the application of such provision to other Subtitle D—Academic Training Public Law 107–56 (42 U.S.C. 5195c(e)). persons not similarly situated or to other, dis- (5) The term ‘‘Department’’ means the Depart- similar circumstances. Sec. 1331. Academic training. ment of Homeland Security. SEC. 4. EFFECTIVE DATE. Sec. 1332. Modifications to National Security (6) The term ‘‘emergency response providers’’ This Act shall take effect 60 days after the Education Program. includes Federal, State, and local emergency date of enactment. TITLE XIV—ARMING PILOTS AGAINST public safety, law enforcement, emergency re- TERRORISM sponse, emergency medical (including hospital TITLE I—DEPARTMENT OF HOMELAND Sec. 1401. Short title. emergency facilities), and related personnel, SECURITY Sec. 1402. Federal Flight Deck Officer Program. agencies, and authorities. SEC. 101. EXECUTIVE DEPARTMENT; MISSION. Sec. 1403. Crew training. (7) The term ‘‘executive agency’’ means an ex- (a) ESTABLISHMENT.—There is established a Sec. 1404. Commercial airline security study. ecutive agency and a military department, as Department of Homeland Security, as an execu- Sec. 1405. Authority to arm flight deck crew defined, respectively, in sections 105 and 102 of tive department of the United States within the with less-than-lethal weapons. title 5, United States Code. meaning of title 5, United States Code. Sec. 1406. Technical amendments. (8) The term ‘‘functions’’ includes authorities, (b) MISSION.— TITLE XV—TRANSITION powers, rights, privileges, immunities, programs, (1) IN GENERAL.—The primary mission of the Subtitle A—Reorganization Plan projects, activities, duties, and responsibilities. Department is to— (9) The term ‘‘key resources’’ means publicly (A) prevent terrorist attacks within the United Sec. 1501. Definitions. or privately controlled resources essential to the States; Sec. 1502. Reorganization plan. minimal operations of the economy and govern- (B) reduce the vulnerability of the United Sec. 1503. Review of congressional committee ment. States to terrorism; structures. (10) The term ‘‘local government’’ means— (C) minimize the damage, and assist in the re- Subtitle B—Transitional Provisions (A) a county, municipality, city, town, town- covery, from terrorist attacks that do occur Sec. 1511. Transitional authorities. ship, local public authority, school district, spe- within the United States; Sec. 1512. Savings provisions. cial district, intrastate district, council of gov- (D) carry out all functions of entities trans- Sec. 1513. Terminations. ernments (regardless of whether the council of ferred to the Department, including by acting as Sec. 1514. National identification system not governments is incorporated as a nonprofit cor- a focal point regarding natural and manmade authorized. poration under State law), regional or interstate crises and emergency planning; Sec. 1515. Continuity of Inspector General over- government entity, or agency or instrumentality (E) ensure that the functions of the agencies sight. of a local government; and subdivisions within the Department that

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are not related directly to securing the home- (f) SPECIAL ASSISTANT TO THE SECRETARY.— there are the following officers, appointed by land are not diminished or neglected except by The Secretary shall appoint a Special Assistant the President: a specific explicit Act of Congress; to the Secretary who shall be responsible for— (1) A Director of the Secret Service. (F) ensure that the overall economic security (1) creating and fostering strategic commu- (2) A Chief Information Officer. of the United States is not diminished by efforts, nications with the private sector to enhance the (3) A Chief Human Capital Officer. activities, and programs aimed at securing the primary mission of the Department to protect (4) A Chief Financial Officer. homeland; and the American homeland; (5) An Officer for Civil Rights and Civil Lib- (G) monitor connections between illegal drug (2) advising the Secretary on the impact of the erties. trafficking and terrorism, coordinate efforts to Department’s policies, regulations, processes, (e) PERFORMANCE OF SPECIFIC FUNCTIONS.— sever such connections, and otherwise con- and actions on the private sector; Subject to the provisions of this Act, every offi- tribute to efforts to interdict illegal drug traf- (3) interfacing with other relevant Federal cer of the Department shall perform the func- ficking. agencies with homeland security missions to as- tions specified by law for the official’s office or prescribed by the Secretary. (2) RESPONSIBILITY FOR INVESTIGATING AND sess the impact of these agencies’ actions on the PROSECUTING TERRORISM.—Except as specifi- private sector; TITLE II—INFORMATION ANALYSIS AND cally provided by law with respect to entities (4) creating and managing private sector advi- INFRASTRUCTURE PROTECTION transferred to the Department under this Act, sory councils composed of representatives of in- Subtitle A—Directorate for Information Anal- primary responsibility for investigating and dustries and associations designated by the Sec- ysis and Infrastructure Protection; Access to prosecuting acts of terrorism shall be vested not retary to— Information in the Department, but rather in Federal, State, (A) advise the Secretary on private sector SEC. 201. DIRECTORATE FOR INFORMATION and local law enforcement agencies with juris- products, applications, and solutions as they re- ANALYSIS AND INFRASTRUCTURE diction over the acts in question. late to homeland security challenges; and PROTECTION. SEC. 102. SECRETARY; FUNCTIONS. (B) advise the Secretary on homeland security (a) UNDER SECRETARY OF HOMELAND SECU- (a) SECRETARY.— policies, regulations, processes, and actions that RITY FOR INFORMATION ANALYSIS AND INFRA- (1) IN GENERAL.—There is a Secretary of affect the participating industries and associa- STRUCTURE PROTECTION.— Homeland Security, appointed by the President, tions; (1) IN GENERAL.—There shall be in the Depart- by and with the advice and consent of the Sen- (5) working with Federal laboratories, Feder- ment a Directorate for Information Analysis and ate. ally funded research and development centers, Infrastructure Protection headed by an Under (2) HEAD OF DEPARTMENT.—The Secretary is other Federally funded organizations, aca- Secretary for Information Analysis and Infra- the head of the Department and shall have di- demia, and the private sector to develop innova- structure Protection, who shall be appointed by rection, authority, and control over it. tive approaches to address homeland security the President, by and with the advice and con- (3) FUNCTIONS VESTED IN SECRETARY.—All challenges to produce and deploy the best avail- sent of the Senate. functions of all officers, employees, and organi- able technologies for homeland security mis- (2) RESPONSIBILITIES.—The Under Secretary zational units of the Department are vested in sions; shall assist the Secretary in discharging the re- the Secretary. (6) promoting existing public-private partner- sponsibilities assigned by the Secretary. (b) ASSISTANT SECRETARY FOR INFORMATION (b) FUNCTIONS.—The Secretary— ships and developing new public-private part- NALYSIS; ASSISTANT SECRETARY FOR INFRA- (1) except as otherwise provided by this Act, nerships to provide for collaboration and mutual A STRUCTURE PROTECTION.— may delegate any of the Secretary’s functions to support to address homeland security chal- (1) ASSISTANT SECRETARY FOR INFORMATION any officer, employee, or organizational unit of lenges; and ANALYSIS.—There shall be in the Department an the Department; (7) assisting in the development and pro- Assistant Secretary for Information Analysis, (2) shall have the authority to make contracts, motion of private sector best practices to secure who shall be appointed by the President. grants, and cooperative agreements, and to critical infrastructure. (2) ASSISTANT SECRETARY FOR INFRASTRUC- enter into agreements with other executive agen- (g) STANDARDS POLICY.—All standards activities of the Department shall be conducted in ac- TURE PROTECTION.—There shall be in the De- cies, as may be necessary and proper to carry partment an Assistant Secretary for Infrastruc- out the Secretary’s responsibilities under this cordance with section 12(d) of the National Technology Transfer Advancement Act of 1995 ture Protection, who shall be appointed by the Act or otherwise provided by law; and President. (3) shall take reasonable steps to ensure that (15 U.S.C. 272 note) and Office of Management and Budget Circular A–119. (3) RESPONSIBILITIES.—The Assistant Sec- information systems and databases of the De- retary for Information Analysis and the Assist- partment are compatible with each other and SEC. 103. OTHER OFFICERS. ant Secretary for Infrastructure Protection shall with appropriate databases of other Depart- (a) DEPUTY SECRETARY; UNDER SECRE- assist the Under Secretary for Information ments. TARIES.—There are the following officers, ap- Analysis and Infrastructure Protection in dis- (c) COORDINATION WITH NON-FEDERAL ENTI- pointed by the President, by and with the ad- charging the responsibilities of the Under Sec- TIES.—With respect to homeland security, the vice and consent of the Senate: retary under this section. Secretary shall coordinate through the Office of (1) A Deputy Secretary of Homeland Security, (c) DISCHARGE OF INFORMATION ANALYSIS AND State and Local Coordination (established under who shall be the Secretary’s first assistant for INFRASTRUCTURE PROTECTION.—The Secretary section 801) (including the provision of training purposes of subchapter III of chapter 33 of title shall ensure that the responsibilities of the De- and equipment) with State and local govern- 5, United States Code. partment regarding information analysis and ment personnel, agencies, and authorities, with (2) An Under Secretary for Information Anal- infrastructure protection are carried out the private sector, and with other entities, in- ysis and Infrastructure Protection. through the Under Secretary for Information cluding by— (3) An Under Secretary for Science and Tech- Analysis and Infrastructure Protection. (1) coordinating with State and local govern- nology. (d) RESPONSIBILITIES OF UNDER SECRETARY.— ment personnel, agencies, and authorities, and (4) An Under Secretary for Border and Trans- Subject to the direction and control of the Sec- with the private sector, to ensure adequate portation Security. retary, the responsibilities of the Under Sec- planning, equipment, training, and exercise ac- (5) An Under Secretary for Emergency Pre- retary for Information Analysis and Infrastruc- tivities; paredness and Response. ture Protection shall be as follows: (2) coordinating and, as appropriate, consoli- (6) A Director of the Bureau of Citizenship (1) To access, receive, and analyze law en- dating, the Federal Government’s communica- and Immigration Services. forcement information, intelligence information, tions and systems of communications relating to (7) An Under Secretary for Management. and other information from agencies of the Fed- homeland security with State and local govern- (8) Not more than 12 Assistant Secretaries. eral Government, State and local government ment personnel, agencies, and authorities, the (9) A General Counsel, who shall be the chief agencies (including law enforcement agencies), private sector, other entities, and the public; legal officer of the department. and private sector entities, and to integrate such and (b) INSPECTOR GENERAL.—There is an Inspec- information in order to— (3) distributing or, as appropriate, coordi- tor General, who shall be appointed as provided (A) identify and assess the nature and scope nating the distribution of, warnings and infor- in section 3(a) of the Inspector General Act of of terrorist threats to the homeland; mation to State and local government personnel, 1978. (B) detect and identify threats of terrorism agencies, and authorities and to the public. (c) COMMANDANT OF THE COAST GUARD.—To against the United States; and (d) MEETINGS OF NATIONAL SECURITY COUN- assist the Secretary in the performance of the (C) understand such threats in light of actual CIL.—The Secretary may, subject to the direc- Secretary’s functions, there is a Commandant of and potential vulnerabilities of the homeland. tion of the President, attend and participate in the Coast Guard, who shall be appointed as pro- (2) To carry out comprehensive assessments of meetings of the National Security Council. vided in section 44 of title 14, United States the vulnerabilities of the key resources and crit- (e) ISSUANCE OF REGULATIONS.—The issuance Code, and who shall report directly to the Sec- ical infrastructure of the United States, includ- of regulations by the Secretary shall be gov- retary. In addition to such duties as may be pro- ing the performance of risk assessments to deter- erned by the provisions of chapter 5 of title 5, vided in this Act and as assigned to the Com- mine the risks posed by particular types of ter- United States Code, except as specifically pro- mandant by the Secretary, the duties of the rorist attacks within the United States vided in this Act, in laws granting regulatory Commandant shall include those required by (including an assessment of the probability of authorities that are transferred by this Act, and section 2 of title 14, United States Code. success of such attacks and the feasibility and in laws enacted after the date of enactment of (d) OTHER OFFICERS.—To assist the Secretary potential efficacy of various countermeasures to this Act. in the performance of the Secretary’s functions, such attacks).

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(3) To integrate relevant information, anal- lated procedures and, as appropriate, similar (g) FUNCTIONS TRANSFERRED.—In accordance yses, and vulnerability assessments (whether authorities of the Attorney General concerning with title XV, there shall be transferred to the such information, analyses, or assessments are sensitive law enforcement information. Secretary, for assignment to the Under Sec- provided or produced by the Department or oth- (13) To request additional information from retary for Information Analysis and Infrastruc- ers) in order to identify priorities for protective other agencies of the Federal Government, State ture Protection under this section, the func- and support measures by the Department, other and local government agencies, and the private tions, personnel, assets, and liabilities of the fol- agencies of the Federal Government, State and sector relating to threats of terrorism in the lowing: local government agencies and authorities, the United States, or relating to other areas of re- (1) The National Infrastructure Protection private sector, and other entities. sponsibility assigned by the Secretary, including Center of the Federal Bureau of Investigation (4) To ensure, pursuant to section 202, the the entry into cooperative agreements through (other than the Computer Investigations and timely and efficient access by the Department to the Secretary to obtain such information. Operations Section), including the functions of all information necessary to discharge the re- (14) To establish and utilize, in conjunction the Attorney General relating thereto. sponsibilities under this section, including ob- with the chief information officer of the Depart- (2) The National Communications System of taining such information from other agencies of ment, a secure communications and information the Department of Defense, including the func- the Federal Government. technology infrastructure, including data-min- tions of the Secretary of Defense relating there- (5) To develop a comprehensive national plan ing and other advanced analytical tools, in to. for securing the key resources and critical infra- order to access, receive, and analyze data and (3) The Critical Infrastructure Assurance Of- structure of the United States, including power information in furtherance of the responsibil- fice of the Department of Commerce, including production, generation, and distribution sys- ities under this section, and to disseminate in- the functions of the Secretary of Commerce re- tems, information technology and telecommuni- formation acquired and analyzed by the Depart- lating thereto. cations systems (including satellites), electronic ment, as appropriate. (4) The National Infrastructure Simulation financial and property record storage and trans- (15) To ensure, in conjunction with the chief and Analysis Center of the Department of En- mission systems, emergency preparedness com- information officer of the Department, that any ergy and the energy security and assurance pro- munications systems, and the physical and tech- information databases and analytical tools de- gram and activities of the Department, includ- nological assets that support such systems. veloped or utilized by the Department— ing the functions of the Secretary of Energy re- (6) To recommend measures necessary to pro- (A) are compatible with one another and with lating thereto. tect the key resources and critical infrastructure relevant information databases of other agencies (5) The Federal Computer Incident Response of the United States in coordination with other of the Federal Government; and Center of the General Services Administration, agencies of the Federal Government and in co- (B) treat information in such databases in a including the functions of the Administrator of operation with State and local government manner that complies with applicable Federal General Services relating thereto. agencies and authorities, the private sector, and law on privacy. (h) INCLUSION OF CERTAIN ELEMENTS OF THE other entities. (16) To coordinate training and other support DEPARTMENT AS ELEMENTS OF THE INTEL- (7) To administer the Homeland Security Ad- to the elements and personnel of the Depart- LIGENCE COMMUNITY.—Section 3(4) of the Na- visory System, including— ment, other agencies of the Federal Government, tional Security Act of 1947 (50 U.S.C. 401(a)) is (A) exercising primary responsibility for public and State and local governments that provide amended— advisories related to threats to homeland secu- information to the Department, or are con- (1) by striking ‘‘and’’ at the end of subpara- rity; and sumers of information provided by the Depart- graph (I); (B) in coordination with other agencies of the ment, in order to facilitate the identification (2) by redesignating subparagraph (J) as sub- Federal Government, providing specific warning and sharing of information revealed in their or- paragraph (K); and information, and advice about appropriate pro- dinary duties and the optimal utilization of in- (3) by inserting after subparagraph (I) the fol- tective measures and countermeasures, to State formation received from the Department. lowing new subparagraph: and local government agencies and authorities, (17) To coordinate with elements of the intel- ‘‘(J) the elements of the Department of Home- the private sector, other entities, and the public. ligence community and with Federal, State, and land Security concerned with the analyses of (8) To review, analyze, and make rec- local law enforcement agencies, and the private foreign intelligence information; and’’. ommendations for improvements in the policies sector, as appropriate. SEC. 202. ACCESS TO INFORMATION. and procedures governing the sharing of law en- (18) To provide intelligence and information (a) IN GENERAL.— forcement information, intelligence information, analysis and support to other elements of the (1) THREAT AND VULNERABILITY INFORMA- intelligence-related information, and other in- Department. formation relating to homeland security within (19) To perform such other duties relating to TION.—Except as otherwise directed by the the Federal Government and between the Fed- such responsibilities as the Secretary may pro- President, the Secretary shall have such access eral Government and State and local govern- vide. as the Secretary considers necessary to all information, including reports, assessments, anal- ment agencies and authorities. (e) STAFF.— (9) To disseminate, as appropriate, informa- (1) IN GENERAL.—The Secretary shall provide yses, and unevaluated intelligence relating to tion analyzed by the Department within the De- the Directorate with a staff of analysts having threats of terrorism against the United States partment, to other agencies of the Federal Gov- appropriate expertise and experience to assist and to other areas of responsibility assigned by ernment with responsibilities relating to home- the Directorate in discharging responsibilities the Secretary, and to all information concerning land security, and to agencies of State and local under this section. infrastructure or other vulnerabilities of the governments and private sector entities with (2) PRIVATE SECTOR ANALYSTS.—Analysts United States to terrorism, whether or not such such responsibilities in order to assist in the de- under this subsection may include analysts from information has been analyzed, that may be col- terrence, prevention, preemption of, or response the private sector. lected, possessed, or prepared by any agency of to, terrorist attacks against the United States. (3) SECURITY CLEARANCES.—Analysts under the Federal Government. (10) To consult with the Director of Central this subsection shall possess security clearances (2) OTHER INFORMATION.—The Secretary shall Intelligence and other appropriate intelligence, appropriate for their work under this section. also have access to other information relating to law enforcement, or other elements of the Fed- (f) DETAIL OF PERSONNEL.— matters under the responsibility of the Secretary eral Government to establish collection priorities (1) IN GENERAL.—In order to assist the Direc- that may be collected, possessed, or prepared by and strategies for information, including law torate in discharging responsibilities under this an agency of the Federal Government as the enforcement-related information, relating to section, personnel of the agencies referred to in President may further provide. threats of terrorism against the United States paragraph (2) may be detailed to the Depart- (b) MANNER OF ACCESS.—Except as otherwise through such means as the representation of the ment for the performance of analytic functions directed by the President, with respect to infor- Department in discussions regarding require- and related duties. mation to which the Secretary has access pursu- ments and priorities in the collection of such in- (2) COVERED AGENCIES.—The agencies referred ant to this section— formation. to in this paragraph are as follows: (1) the Secretary may obtain such material (11) To consult with State and local govern- (A) The Department of State. upon request, and may enter into cooperative ments and private sector entities to ensure ap- (B) The Central Intelligence Agency. arrangements with other executive agencies to propriate exchanges of information, including (C) The Federal Bureau of Investigation. provide such material or provide Department of- law enforcement-related information, relating to (D) The National Security Agency. ficials with access to it on a regular or routine threats of terrorism against the United States. (E) The National Imagery and Mapping Agen- basis, including requests or arrangements in- (12) To ensure that— cy. volving broad categories of material, access to (A) any material received pursuant to this Act (F) The Defense Intelligence Agency. electronic databases, or both; and is protected from unauthorized disclosure and (G) Any other agency of the Federal Govern- (2) regardless of whether the Secretary has handled and used only for the performance of ment that the President considers appropriate. made any request or entered into any coopera- official duties; and (3) COOPERATIVE AGREEMENTS.—The Secretary tive arrangement pursuant to paragraph (1), all (B) any intelligence information under this and the head of the agency concerned may enter agencies of the Federal Government shall Act is shared, retained, and disseminated con- into cooperative agreements for the purpose of promptly provide to the Secretary— sistent with the authority of the Director of detailing personnel under this subsection. (A) all reports (including information reports Central Intelligence to protect intelligence (4) BASIS.—The detail of personnel under this containing intelligence which has not been fully sources and methods under the National Secu- subsection may be on a reimbursable or non-reevaluated), assessments, and analytical infor- rity Act of 1947 (50 U.S.C. 401 et seq.) and reimbursable basis. mation relating to threats of terrorism against

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the United States and to other areas of responsi- extent it is related to such interference, com- (1) IN GENERAL.—Notwithstanding any other bility assigned by the Secretary; promise, or incapacitation. provision of law, critical infrastructure informa- (B) all information concerning the vulner- (4) CRITICAL INFRASTRUCTURE PROTECTION tion (including the identity of the submitting ability of the infrastructure of the United PROGRAM.—The term ‘‘critical infrastructure person or entity) that is voluntarily submitted to States, or other vulnerabilities of the United protection program’’ means any component or a covered Federal agency for use by that agency States, to terrorism, whether or not such infor- bureau of a covered Federal agency that has regarding the security of critical infrastructure mation has been analyzed; been designated by the President or any agency and protected systems, analysis, warning, inter- (C) all other information relating to signifi- head to receive critical infrastructure informa- dependency study, recovery, reconstitution, or cant and credible threats of terrorism against tion. other informational purpose, when accompanied the United States, whether or not such informa- (5) INFORMATION SHARING AND ANALYSIS ORGA- by an express statement specified in paragraph tion has been analyzed; and NIZATION.—The term ‘‘Information Sharing and (2)— (D) such other information or material as the Analysis Organization’’ means any formal or in- (A) shall be exempt from disclosure under sec- President may direct. formal entity or collaboration created or em- tion 552 of title 5, United States Code (commonly (c) TREATMENT UNDER CERTAIN LAWS.—The ployed by public or private sector organizations, referred to as the Freedom of Information Act); Secretary shall be deemed to be a Federal law for purposes of— (B) shall not be subject to any agency rules or enforcement, intelligence, protective, national (A) gathering and analyzing critical infra- judicial doctrine regarding ex parte communica- defense, immigration, or national security offi- structure information in order to better under- tions with a decision making official; cial, and shall be provided with all information stand security problems and interdependencies (C) shall not, without the written consent of from law enforcement agencies that is required related to critical infrastructure and protected the person or entity submitting such informa- to be given to the Director of Central Intel- systems, so as to ensure the availability, integ- tion, be used directly by such agency, any other ligence, under any provision of the following: rity, and reliability thereof; Federal, State, or local authority, or any third (1) The USA PATRIOT Act of 2001 (Public (B) communicating or disclosing critical infra- party, in any civil action arising under Federal Law 107–56). structure information to help prevent, detect, or State law if such information is submitted in (2) Section 2517(6) of title 18, United States mitigate, or recover from the effects of a inter- good faith; Code. ference, compromise, or a incapacitation prob- (D) shall not, without the written consent of (3) Rule 6(e)(3)(C) of the Federal Rules of lem related to critical infrastructure or protected the person or entity submitting such informa- Criminal Procedure. systems; and tion, be used or disclosed by any officer or em- (d) ACCESS TO INTELLIGENCE AND OTHER IN- (C) voluntarily disseminating critical infra- ployee of the United States for purposes other FORMATION.— structure information to its members, State, than the purposes of this subtitle, except— (1) ACCESS BY ELEMENTS OF FEDERAL GOVERN- local, and Federal Governments, or any other (i) in furtherance of an investigation or the MENT.—Nothing in this title shall preclude any entities that may be of assistance in carrying prosecution of a criminal act; or element of the intelligence community (as that out the purposes specified in subparagraphs (A) (ii) when disclosure of the information would term is defined in section 3(4) of the National and (B). be— Security Act of 1947 (50 U.S.C. 401a(4)), or other (6) PROTECTED SYSTEM.—The term ‘‘protected (I) to either House of Congress, or to the ex- any element of the Federal Government with re- system’’— tent of matter within its jurisdiction, any com- sponsibility for analyzing terrorist threat infor- (A) means any service, physical or computer- mittee or subcommittee thereof, any joint com- mation, from receiving any intelligence or other based system, process, or procedure that directly mittee thereof or subcommittee of any such joint information relating to terrorism. or indirectly affects the viability of a facility of committee; or (2) SHARING OF INFORMATION.—The Secretary, critical infrastructure; and (II) to the Comptroller General, or any au- in consultation with the Director of Central In- (B) includes any physical or computer-based thorized representative of the Comptroller Gen- telligence, shall work to ensure that intelligence system, including a computer, computer system, eral, in the course of the performance of the du- or other information relating to terrorism to computer or communications network, or any ties of the General Accounting Office. which the Department has access is appro- component hardware or element thereof, soft- (E) shall not, if provided to a State or local priately shared with the elements of the Federal ware program, processing instructions, or infor- government or government agency— Government referred to in paragraph (1), as well mation or data in transmission or storage there- (i) be made available pursuant to any State or as with State and local governments, as appro- in, irrespective of the medium of transmission or local law requiring disclosure of information or priate. storage. records; Subtitle B—Critical Infrastructure (7) VOLUNTARY.— (ii) otherwise be disclosed or distributed to Information (A) IN GENERAL.—The term ‘‘voluntary’’, in any party by said State or local government or the case of any submittal of critical infrastruc- government agency without the written consent SEC. 211. SHORT TITLE. ture information to a covered Federal agency, of the person or entity submitting such informa- This subtitle may be cited as the ‘‘Critical In- means the submittal thereof in the absence of tion; or frastructure Information Act of 2002’’. such agency’s exercise of legal authority to com- (iii) be used other than for the purpose of pro- SEC. 212. DEFINITIONS. pel access to or submission of such information tecting critical infrastructure or protected sys- In this subtitle: and may be accomplished by a single entity or tems, or in furtherance of an investigation or (1) AGENCY.—The term ‘‘agency’’ has the an Information Sharing and Analysis Organiza- the prosecution of a criminal act; and meaning given it in section 551 of title 5, United tion on behalf of itself or its members. (F) does not constitute a waiver of any appli- States Code. (B) EXCLUSIONS.—The term ‘‘voluntary’’— cable privilege or protection provided under law, (2) COVERED FEDERAL AGENCY.—The term (i) in the case of any action brought under the such as trade secret protection. ‘‘covered Federal agency’’ means the Depart- securities laws as is defined in section 3(a)(47) of (2) EXPRESS STATEMENT.—For purposes of ment of Homeland Security. the Securities Exchange Act of 1934 (15 U.S.C. paragraph (1), the term ‘‘express statement’’, (3) CRITICAL INFRASTRUCTURE INFORMATION.— 78c(a)(47))— with respect to information or records, means— The term ‘‘critical infrastructure information’’ (I) does not include information or statements (A) in the case of written information or means information not customarily in the public contained in any documents or materials filed records, a written marking on the information domain and related to the security of critical in- with the Securities and Exchange Commission, or records substantially similar to the following: frastructure or protected systems— or with Federal banking regulators, pursuant to ‘‘This information is voluntarily submitted to (A) actual, potential, or threatened inter- section 12(i) of the Securities Exchange Act of the Federal Government in expectation of pro- ference with, attack on, compromise of, or inca- 1934 (15 U.S.C. 781(I)); and tection from disclosure as provided by the provi- pacitation of critical infrastructure or protected (II) with respect to the submittal of critical in- sions of the Critical Infrastructure Information systems by either physical or computer-based at- frastructure information, does not include any Act of 2002.’’; or tack or other similar conduct (including the mis- disclosure or writing that when made accom- (B) in the case of oral information, a similar use of or unauthorized access to all types of panied the solicitation of an offer or a sale of written statement submitted within a reasonable communications and data transmission systems) securities; and period following the oral communication. that violates Federal, State, or local law, harms (ii) does not include information or statements (b) LIMITATION.—No communication of critical interstate commerce of the United States, or submitted or relied upon as a basis for making infrastructure information to a covered Federal threatens public health or safety; licensing or permitting determinations, or dur- agency made pursuant to this subtitle shall be (B) the ability of any critical infrastructure or ing regulatory proceedings. considered to be an action subject to the require- protected system to resist such interference, SEC. 213. DESIGNATION OF CRITICAL INFRA- ments of the Federal Advisory Committee Act (5 compromise, or incapacitation, including any STRUCTURE PROTECTION PROGRAM. U.S.C. App. 2). planned or past assessment, projection, or esti- A critical infrastructure protection program (c) INDEPENDENTLY OBTAINED INFORMATION.— mate of the vulnerability of critical infrastruc- may be designated as such by one of the fol- Nothing in this section shall be construed to ture or a protected system, including security lowing: limit or otherwise affect the ability of a State, testing, risk evaluation thereto, risk manage- (1) The President. local, or Federal Government entity, agency, or ment planning, or risk audit; or (2) The Secretary of Homeland Security. authority, or any third party, under applicable (C) any planned or past operational problem SEC. 214. PROTECTION OF VOLUNTARILY SHARED law, to obtain critical infrastructure informa- or solution regarding critical infrastructure or CRITICAL INFRASTRUCTURE INFOR- tion in a manner not covered by subsection (a), protected systems, including repair, recovery, re- MATION. including any information lawfully and prop- construction, insurance, or continuity, to the (a) PROTECTION.— erly disclosed generally or broadly to the public

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and to use such information in any manner per- SEC. 215. NO PRIVATE RIGHT OF ACTION. (b) AMENDMENT OF SENTENCING GUIDELINES mitted by law. Nothing in this subtitle may be construed to RELATING TO CERTAIN COMPUTER CRIMES.— (d) TREATMENT OF VOLUNTARY SUBMITTAL OF create a private right of action for enforcement (1) DIRECTIVE TO THE UNITED STATES SEN- INFORMATION.—The voluntary submittal to the of any provision of this Act. TENCING COMMISSION.—Pursuant to its authority Government of information or records that are Subtitle C—Information Security under section 994(p) of title 28, United States protected from disclosure by this subtitle shall Code, and in accordance with this subsection, SEC. 221. PROCEDURES FOR SHARING INFORMA- the United States Sentencing Commission shall not be construed to constitute compliance with TION. review and, if appropriate, amend its guidelines any requirement to submit such information to a The Secretary shall establish procedures on and its policy statements applicable to persons Federal agency under any other provision of the use of information shared under this title convicted of an offense under section 1030 of law. that— title 18, United States Code. (e) PROCEDURES.— (1) limit the redissemination of such informa- (2) REQUIREMENTS.—In carrying out this sub- (1) IN GENERAL.—The Secretary of the Depart- tion to ensure that it is not used for an unau- ment of Homeland Security shall, in consulta- section, the Sentencing Commission shall— thorized purpose; (A) ensure that the sentencing guidelines and tion with appropriate representatives of the Na- (2) ensure the security and confidentiality of tional Security Council and the Office of policy statements reflect the serious nature of such information; the offenses described in paragraph (1), the Science and Technology Policy, establish uni- (3) protect the constitutional and statutory form procedures for the receipt, care, and stor- growing incidence of such offenses, and the rights of any individuals who are subjects of need for an effective deterrent and appropriate age by Federal agencies of critical infrastruc- such information; and ture information that is voluntarily submitted to punishment to prevent such offenses; (4) provide data integrity through the timely (B) consider the following factors and the ex- the Government. The procedures shall be estab- removal and destruction of obsolete or erroneous tent to which the guidelines may or may not ac- lished not later than 90 days after the date of names and information. count for them— the enactment of this subtitle. SEC. 222. PRIVACY OFFICER. (i) the potential and actual loss resulting from (2) ELEMENTS.—The procedures established The Secretary shall appoint a senior official the offense; under paragraph (1) shall include mechanisms in the Department to assume primary responsi- (ii) the level of sophistication and planning regarding— bility for privacy policy, including— involved in the offense; (A) the acknowledgement of receipt by Federal (1) assuring that the use of technologies sus- (iii) whether the offense was committed for agencies of critical infrastructure information tain, and do not erode, privacy protections re- purposes of commercial advantage or private fi- that is voluntarily submitted to the Government; lating to the use, collection, and disclosure of nancial benefit; (B) the maintenance of the identification of personal information; (iv) whether the defendant acted with mali- such information as voluntarily submitted to the (2) assuring that personal information con- cious intent to cause harm in committing the of- Government for purposes of and subject to the tained in Privacy Act systems of records is han- fense; provisions of this subtitle; dled in full compliance with fair information (v) the extent to which the offense violated (C) the care and storage of such information; practices as set out in the Privacy Act of 1974; the privacy rights of individuals harmed; and (3) evaluating legislative and regulatory pro- (vi) whether the offense involved a computer (D) the protection and maintenance of the posals involving collection, use, and disclosure used by the government in furtherance of na- confidentiality of such information so as to per- of personal information by the Federal Govern- tional defense, national security, or the admin- mit the sharing of such information within the ment; istration of justice; Federal Government and with State and local (4) conducting a privacy impact assessment of (vii) whether the violation was intended to or governments, and the issuance of notices and proposed rules of the Department or that of the had the effect of significantly interfering with warnings related to the protection of critical in- Department on the privacy of personal informa- or disrupting a critical infrastructure; and frastructure and protected systems, in such tion, including the type of personal information (viii) whether the violation was intended to or manner as to protect from public disclosure the collected and the number of people affected; and had the effect of creating a threat to public identity of the submitting person or entity, or (5) preparing a report to Congress on an an- health or safety, or injury to any person; information that is proprietary, business sen- nual basis on activities of the Department that (C) assure reasonable consistency with other sitive, relates specifically to the submitting per- affect privacy, including complaints of privacy relevant directives and with other sentencing son or entity, and is otherwise not appropriately violations, implementation of the Privacy Act of guidelines; in the public domain. 1974, internal controls, and other matters. (D) account for any additional aggravating or (f) PENALTIES.—Whoever, being an officer or SEC. 223. ENHANCEMENT OF NON-FEDERAL mitigating circumstances that might justify ex- employee of the United States or of any depart- CYBERSECURITY. ceptions to the generally applicable sentencing ment or agency thereof, knowingly publishes, In carrying out the responsibilities under sec- ranges; divulges, discloses, or makes known in any man- tion 201, the Under Secretary for Information (E) make any necessary conforming changes ner or to any extent not authorized by law, any Analysis and Infrastructure Protection shall— to the sentencing guidelines; and critical infrastructure information protected (1) as appropriate, provide to State and local (F) assure that the guidelines adequately meet from disclosure by this subtitle coming to him in government entities, and upon request to private the purposes of sentencing as set forth in section the course of this employment or official duties entities that own or operate critical information 3553(a)(2) of title 18, United States Code. (c) STUDY AND REPORT ON COMPUTER or by reason of any examination or investiga- systems— CRIMES.—Not later than May 1, 2003, the United tion made by, or return, report, or record made (A) analysis and warnings related to threats States Sentencing Commission shall submit a to or filed with, such department or agency or to, and vulnerabilities of, critical information brief report to Congress that explains any ac- officer or employee thereof, shall be fined under systems; and tions taken by the Sentencing Commission in re- title 18 of the United States Code, imprisoned (B) in coordination with the Under Secretary sponse to this section and includes any rec- not more than 1 year, or both, and shall be re- for Emergency Preparedness and Response, cri- ommendations the Commission may have regard- moved from office or employment. sis management support in response to threats ing statutory penalties for offenses under sec- (g) AUTHORITY TO ISSUE WARNINGS.—The to, or attacks on, critical information systems; tion 1030 of title 18, United States Code. Federal Government may provide advisories, and (d) EMERGENCY DISCLOSURE EXCEPTION.— alerts, and warnings to relevant companies, tar- (2) as appropriate, provide technical assist- (1) IN GENERAL.—Section 2702(b) of title 18, ance, upon request, to the private sector and geted sectors, other governmental entities, or the United States Code, is amended— other government entities, in coordination with general public regarding potential threats to (A) in paragraph (5), by striking ‘‘or’’ at the the Under Secretary for Emergency Prepared- critical infrastructure as appropriate. In issuing end; ness and Response, with respect to emergency a warning, the Federal Government shall take (B) in paragraph (6)(A), by inserting ‘‘or’’ at recovery plans to respond to major failures of appropriate actions to protect from disclosure— the end; critical information systems. (1) the source of any voluntarily submitted (C) by striking paragraph (6)(C); and critical infrastructure information that forms SEC. 224. NET GUARD. (D) by adding at the end the following: the basis for the warning; or The Under Secretary for Information Analysis ‘‘(7) to a Federal, State, or local governmental (2) information that is proprietary, business and Infrastructure Protection may establish a entity, if the provider, in good faith, believes sensitive, relates specifically to the submitting national technology guard, to be known as that an emergency involving danger of death or person or entity, or is otherwise not appro- ‘‘NET Guard’’, comprised of local teams of vol- serious physical injury to any person requires priately in the public domain. unteers with expertise in relevant areas of disclosure without delay of communications re- (h) AUTHORITY TO DELEGATE.—The President science and technology, to assist local commu- lating to the emergency.’’. may delegate authority to a critical infrastruc- nities to respond and recover from attacks on in- (2) REPORTING OF DISCLOSURES.—A govern- ture protection program, designated under sec- formation systems and communications net- ment entity that receives a disclosure under section 213, to enter into a voluntary agreement to works. tion 2702(b) of title 18, United States Code, shall promote critical infrastructure security, includ- SEC. 225. CYBER SECURITY ENHANCEMENT ACT file, not later than 90 days after such disclosure, ing with any Information Sharing and Analysis OF 2002. a report to the Attorney General stating the Organization, or a plan of action as otherwise (a) SHORT TITLE.—This section may be cited paragraph of that section under which the dis- defined in section 708 of the Defense Production as the ‘‘Cyber Security Enhancement Act of closure was made, the date of the disclosure, the Act of 1950 (50 U.S.C. App. 2158). 2002’’. entity to which the disclosure was made, the

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.030 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9047 number of customers or subscribers to whom the curs after a conviction of another offense under (I) DNA identification technologies; and information disclosed pertained, and the number this section.’’. (J) tools and techniques that facilitate inves- of communications, if any, that were disclosed. Subtitle D—Office of Science and Technology tigations of computer crime. The Attorney General shall publish all such re- (7) To administer a program of research, de- SEC. 231. ESTABLISHMENT OF OFFICE; DIRECTOR. ports into a single report to be submitted to Con- velopment, testing, and demonstration to im- (a) ESTABLISHMENT.— gress 1 year after the date of enactment of this prove the interoperability of voice and data pub- (1) IN GENERAL.—There is hereby established Act. lic safety communications. within the Department of Justice an Office of (e) GOOD FAITH EXCEPTION.—Section (8) To serve on the Technical Support Work- Science and Technology (hereinafter in this title 2520(d)(3) of title 18, United States Code, is ing Group of the Department of Defense, and on referred to as the ‘‘Office’’). amended by inserting ‘‘or 2511(2)(i)’’ after other relevant interagency panels, as requested. (2) AUTHORITY.—The Office shall be under the ‘‘2511(3)’’. (9) To develop, and disseminate to State and general authority of the Assistant Attorney (f) INTERNET ADVERTISING OF ILLEGAL DE- local law enforcement agencies, technical assist- General, Office of Justice Programs, and shall VICES.—Section 2512(1)(c) of title 18, United ance and training materials for law enforcement be established within the National Institute of States Code, is amended— personnel, including prosecutors. (1) by inserting ‘‘or disseminates by electronic Justice. (10) To operate the regional National Law En- (b) DIRECTOR.—The Office shall be headed by means’’ after ‘‘or other publication’’; and forcement and Corrections Technology Centers (2) by inserting ‘‘knowing the content of the a Director, who shall be an individual ap- and, to the extent necessary, establish addi- advertisement and’’ before ‘‘knowing or having pointed based on approval by the Office of Per- tional centers through a competitive process. reason to know’’. sonnel Management of the executive qualifica- (11) To administer a program of acquisition, tions of the individual. research, development, and dissemination of ad- (g) STRENGTHENING PENALTIES.—Section 1030(c) of title 18, United States Code, is amend- SEC. 232. MISSION OF OFFICE; DUTIES. vanced investigative analysis and forensic tools ed— (a) MISSION.—The mission of the Office shall to assist State and local law enforcement agen- (1) by striking ‘‘and’’ at the end of paragraph be— cies in combating cybercrime. (12) To support research fellowships in sup- (3); (1) to serve as the national focal point for (2) in each of subparagraphs (A) and (C) of work on law enforcement technology; and port of its mission. (13) To serve as a clearinghouse for informa- paragraph (4), by inserting ‘‘except as provided (2) to carry out programs that, through the provision of equipment, training, and technical tion on law enforcement technologies. in paragraph (5),’’ before ‘‘a fine under this (14) To represent the United States and State title’’; assistance, improve the safety and effectiveness of law enforcement technology and improve ac- and local law enforcement agencies, as re- (3) in paragraph (4)(C), by striking the period quested, in international activities concerning at the end and inserting ‘‘; and’’; and cess to such technology by Federal, State, and local law enforcement agencies. law enforcement technology. (4) by adding at the end the following: (15) To enter into contracts and cooperative (b) DUTIES.—In carrying out its mission, the ‘‘(5)(A) if the offender knowingly or recklessly agreements and provide grants, which may re- Office shall have the following duties: causes or attempts to cause serious bodily injury quire in-kind or cash matches from the recipi- (1) To provide recommendations and advice to from conduct in violation of subsection ent, as necessary to carry out its mission. the Attorney General. (a)(5)(A)(i), a fine under this title or imprison- (16) To carry out other duties assigned by the (2) To establish and maintain advisory groups ment for not more than 20 years, or both; and Attorney General to accomplish the mission of (which shall be exempt from the provisions of ‘‘(B) if the offender knowingly or recklessly the Office. the Federal Advisory Committee Act (5 U.S.C. causes or attempts to cause death from conduct (c) COMPETITION REQUIRED.—Except as other- in violation of subsection (a)(5)(A)(i), a fine App.)) to assess the law enforcement technology wise expressly provided by law, all research and under this title or imprisonment for any term of needs of Federal, State, and local law enforce- development carried out by or through the Of- years or for life, or both.’’. ment agencies. fice shall be carried out on a competitive basis. (h) PROVIDER ASSISTANCE.— (3) To establish and maintain performance (d) INFORMATION FROM FEDERAL AGENCIES.— (1) SECTION 2703.—Section 2703(e) of title 18, standards in accordance with the National Federal agencies shall, upon request from the United States Code, is amended by inserting ‘‘, Technology Transfer and Advancement Act of Office and in accordance with Federal law, pro- statutory authorization’’ after ‘‘subpoena’’. 1995 (Public Law 104–113) for, and test and vide the Office with any data, reports, or other (2) SECTION 2511.—Section 2511(2)(a)(ii) of title evaluate law enforcement technologies that may information requested, unless compliance with 18, United States Code, is amended by inserting be used by, Federal, State, and local law en- such request is otherwise prohibited by law. ‘‘, statutory authorization,’’ after ‘‘court order’’ forcement agencies. (e) PUBLICATIONS.—Decisions concerning pub- the last place it appears. (4) To establish and maintain a program to lications issued by the Office shall rest solely (i) EMERGENCIES.—Section 3125(a)(1) of title certify, validate, and mark or otherwise recog- with the Director of the Office. 18, United States Code, is amended— nize law enforcement technology products that (f) TRANSFER OF FUNDS.—The Office may (1) in subparagraph (A), by striking ‘‘or’’ at conform to standards established and main- transfer funds to other Federal agencies or pro- the end; tained by the Office in accordance with the Na- vide funding to non-Federal entities through (2) in subparagraph (B), by striking the tional Technology Transfer and Advancement grants, cooperative agreements, or contracts to comma at the end and inserting a semicolon; Act of 1995 (Public Law 104–113). The program carry out its duties under this section. and may, at the discretion of the Office, allow for (g) ANNUAL REPORT.—The Director of the Of- (3) by adding at the end the following: supplier’s declaration of conformity with such fice shall include with the budget justification ‘‘(C) an immediate threat to a national secu- standards. materials submitted to Congress in support of rity interest; or (5) To work with other entities within the De- the Department of Justice budget for each fiscal ‘‘(D) an ongoing attack on a protected com- partment of Justice, other Federal agencies, and year (as submitted with the budget of the Presi- puter (as defined in section 1030) that con- the executive office of the President to establish dent under section 1105(a) of title 31, United stitutes a crime punishable by a term of impris- a coordinated Federal approach on issues re- States Code) a report on the activities of the Of- onment greater than one year;’’. lated to law enforcement technology. fice. Each such report shall include the fol- (j) PROTECTING PRIVACY.— (6) To carry out research, development, test- lowing: (1) SECTION 2511.—Section 2511(4) of title 18, ing, evaluation, and cost-benefit analyses in (1) For the period of 5 fiscal years beginning United States Code, is amended— fields that would improve the safety, effective- with the fiscal year for which the budget is sub- (A) by striking paragraph (b); and ness, and efficiency of law enforcement tech- mitted— (B) by redesignating paragraph (c) as para- nologies used by Federal, State, and local law (A) the Director’s assessment of the needs of graph (b). enforcement agencies, including, but not limited Federal, State, and local law enforcement agen- (2) SECTION 2701.—Section 2701(b) of title 18, to— cies for assistance with respect to law enforce- United States Code, is amended— (A) weapons capable of preventing use by un- ment technology and other matters consistent (A) in paragraph (1), by inserting ‘‘, or in fur- authorized persons, including personalized with the mission of the Office; and therance of any criminal or tortious act in viola- guns; (B) a strategic plan for meeting such needs of tion of the Constitution or laws of the United (B) protective apparel; such law enforcement agencies. States or any State’’ after ‘‘commercial gain’’; (C) bullet-resistant and explosion-resistant (2) For the fiscal year preceding the fiscal (B) in paragraph (1)(A), by striking ‘‘one glass; year for which such budget is submitted, a de- year’’ and inserting ‘‘5 years’’; (D) monitoring systems and alarm systems ca- scription of the activities carried out by the Of- (C) in paragraph (1)(B), by striking ‘‘two pable of providing precise location information; fice and an evaluation of the extent to which years’’ and inserting ‘‘10 years’’; and (E) wire and wireless interoperable commu- those activities successfully meet the needs as- (D) by striking paragraph (2) and inserting nication technologies; sessed under paragraph (1)(A) in previous re- the following: (F) tools and techniques that facilitate inves- ports. ‘‘(2) in any other case— tigative and forensic work, including computer SEC. 233. DEFINITION OF LAW ENFORCEMENT ‘‘(A) a fine under this title or imprisonment forensics; TECHNOLOGY. for not more than 1 year or both, in the case of (G) equipment for particular use in For the purposes of this title, the term ‘‘law a first offense under this paragraph; and counterterrorism, including devices and tech- enforcement technology’’ includes investigative ‘‘(B) a fine under this title or imprisonment nologies to disable terrorist devices; and forensic technologies, corrections tech- for not more than 5 years, or both, in the case (H) guides to assist State and local law en- nologies, and technologies that support the judi- of an offense under this subparagraph that oc- forcement agencies; cial process.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.031 H22PT1 H9048 CONGRESSIONAL RECORD — HOUSE November 22, 2002 SEC. 234. ABOLISHMENT OF OFFICE OF SCIENCE ‘‘(10) research and development of tools and (13) coordinating with other appropriate exec- AND TECHNOLOGY OF NATIONAL IN- technologies relating to prevention, detection, utive agencies in developing and carrying out STITUTE OF JUSTICE; TRANSFER OF investigation, and prosecution of crime; and the science and technology agenda of the De- FUNCTIONS. ‘‘(11) support research, development, testing, partment to reduce duplication and identify (a) AUTHORITY TO TRANSFER FUNCTIONS.— training, and evaluation of tools and technology unmet needs; and The Attorney General may transfer to the Office for Federal, State, and local law enforcement (14) developing and overseeing the administra- any other program or activity of the Department agencies.’’. tion of guidelines for merit review of research of Justice that the Attorney General, in con- TITLE III—SCIENCE AND TECHNOLOGY IN and development projects throughout the De- sultation with the Committee on the Judiciary of SUPPORT OF HOMELAND SECURITY partment, and for the dissemination of research the Senate and the Committee on the Judiciary conducted or sponsored by the Department. of the House of Representatives, determines to SEC. 301. UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY. SEC. 303. FUNCTIONS TRANSFERRED. be consistent with the mission of the Office. There shall be in the Department a Direc- In accordance with title XV, there shall be (b) TRANSFER OF PERSONNEL AND ASSETS.— torate of Science and Technology headed by an With respect to any function, power, or duty, or transferred to the Secretary the functions, per- Under Secretary for Science and Technology. any program or activity, that is established in sonnel, assets, and liabilities of the following the Office, those employees and assets of the ele- SEC. 302. RESPONSIBILITIES AND AUTHORITIES entities: OF THE UNDER SECRETARY FOR (1) The following programs and activities of ment of the Department of Justice from which SCIENCE AND TECHNOLOGY. the Department of Energy, including the func- the transfer is made that the Attorney General The Secretary, acting through the Under Sec- tions of the Secretary of Energy relating thereto determines are needed to perform that function, retary for Science and Technology, shall have (but not including programs and activities relat- power, or duty, or for that program or activity, the responsibility for— ing to the strategic nuclear defense posture of as the case may be, shall be transferred to the (1) advising the Secretary regarding research the United States): Office. and development efforts and priorities in sup- (A) The chemical and biological national se- (c) REPORT ON IMPLEMENTATION.—Not later port of the Department’s missions; curity and supporting programs and activities of than 1 year after the date of the enactment of (2) developing, in consultation with other ap- the nonproliferation and verification research this Act, the Attorney General shall submit to propriate executive agencies, a national policy and development program. the Committee on the Judiciary of the Senate and strategic plan for, identifying priorities, (B) The nuclear smuggling programs and ac- and the Committee on the Judiciary of the goals, objectives and policies for, and coordi- tivities within the proliferation detection pro- House of Representatives a report on the imple- nating the Federal Government’s civilian efforts gram of the nonproliferation and verification re- mentation of this title. The report shall— to identify and develop countermeasures to search and development program. The programs (1) provide an accounting of the amounts and chemical, biological, radiological, nuclear, and and activities described in this subparagraph sources of funding available to the Office to other emerging terrorist threats, including the may be designated by the President either for carry out its mission under existing authoriza- development of comprehensive, research-based transfer to the Department or for joint operation tions and appropriations, and set forth the fu- definable goals for such efforts and development by the Secretary and the Secretary of Energy. ture funding needs of the Office; and of annual measurable objectives and specific (2) include such other information and rec- (C) The nuclear assessment program and ac- targets to accomplish and evaluate the goals for tivities of the assessment, detection, and co- ommendations as the Attorney General con- such efforts; siders appropriate. operation program of the international materials (3) supporting the Under Secretary for Infor- protection and cooperation program. SEC. 235. NATIONAL LAW ENFORCEMENT AND mation Analysis and Infrastructure Protection, (D) Such life sciences activities of the biologi- CORRECTIONS TECHNOLOGY CEN- by assessing and testing homeland security TERS. cal and environmental research program related vulnerabilities and possible threats; to microbial pathogens as may be designated by (a) IN GENERAL.—The Director of the Office (4) conducting basic and applied research, de- shall operate and support National Law En- the President for transfer to the Department. velopment, demonstration, testing, and evalua- (E) The Environmental Measurements Labora- forcement and Corrections Technology Centers tion activities that are relevant to any or all ele- (hereinafter in this section referred to as tory. ments of the Department, through both intra- (F) The advanced scientific computing re- ‘‘Centers’’) and, to the extent necessary, estab- mural and extramural programs, except that search program and activities at Lawrence lish new centers through a merit-based, competi- such responsibility does not extend to human Livermore National Laboratory. tive process. health-related research and development activi- (2) The National Bio-Weapons Defense Anal- (b) PURPOSE OF CENTERS.—The purpose of the ties; ysis Center of the Department of Defense, in- Centers shall be to— (5) establishing priorities for, directing, fund- (1) support research and development of law cluding the functions of the Secretary of De- ing, and conducting national research, develop- fense related thereto. enforcement technology; ment, test and evaluation, and procurement of (2) support the transfer and implementation of SEC. 304. CONDUCT OF CERTAIN PUBLIC HEALTH- technology and systems for— RELATED ACTIVITIES. technology; (A) preventing the importation of chemical, bi- (a) IN GENERAL.—With respect to civilian (3) assist in the development and dissemina- ological, radiological, nuclear, and related human health-related research and development tion of guidelines and technological standards; weapons and material; and activities relating to countermeasures for chem- and (B) detecting, preventing, protecting against, ical, biological, radiological, and nuclear and (4) provide technology assistance, informa- and responding to terrorist attacks; tion, and support for law enforcement, correc- (6) establishing a system for transferring other emerging terrorist threats carried out by tions, and criminal justice purposes. homeland security developments or technologies the Department of Health and Human Services (c) ANNUAL MEETING.—Each year, the Direc- to federal, state, local government, and private (including the Public Health Service), the Sec- tor shall convene a meeting of the Centers in sector entities; retary of Health and Human Services shall set order to foster collaboration and communication (7) entering into work agreements, joint spon- priorities, goals, objectives, and policies and de- between Center participants. sorships, contracts, or any other agreements velop a coordinated strategy for such activities (d) REPORT.—Not later than 12 months after with the Department of Energy regarding the in collaboration with the Secretary of Homeland the date of the enactment of this Act, the Direc- use of the national laboratories or sites and sup- Security to ensure consistency with the national tor shall transmit to the Congress a report as- port of the science and technology base at those policy and strategic plan developed pursuant to sessing the effectiveness of the existing system of facilities; section 302(2). Centers and identify the number of Centers nec- (8) collaborating with the Secretary of Agri- (b) EVALUATION OF PROGRESS.—In carrying essary to meet the technology needs of Federal, culture and the Attorney General as provided in out subsection (a), the Secretary of Health and State, and local law enforcement in the United section 212 of the Agricultural Bioterrorism Pro- Human Services shall collaborate with the Sec- States. tection Act of 2002 (7 U.S.C. 8401), as amended retary in developing specific benchmarks and SEC. 236. COORDINATION WITH OTHER ENTITIES by section 1709(b); outcome measurements for evaluating progress WITHIN DEPARTMENT OF JUSTICE. (9) collaborating with the Secretary of Health toward achieving the priorities and goals de- Section 102 of the Omnibus Crime Control and and Human Services and the Attorney General scribed in such subsection. Safe Streets Act of 1968 (42 U.S.C. 3712) is in determining any new biological agents and (c) ADMINISTRATION OF COUNTERMEASURES amended in subsection (a)(5) by inserting toxins that shall be listed as ‘‘select agents’’ in AGAINST SMALLPOX.—Section 224 of the Public ‘‘coordinate and’’ before ‘‘provide’’. Appendix A of part 72 of title 42, Code of Fed- Health Service Act (42 U.S.C. 233) is amended by SEC. 237. AMENDMENTS RELATING TO NATIONAL eral Regulations, pursuant to section 351A of adding the following: INSTITUTE OF JUSTICE. the Public Health Service Act (42 U.S.C. 262a); ‘‘(p) ADMINISTRATION OF SMALLPOX COUNTER- Section 202(c) of the Omnibus Crime Control (10) supporting United States leadership in MEASURES BY HEALTH PROFESSIONALS.— and Safety Streets Act of 1968 (42 U.S.C. 3722(c)) science and technology; ‘‘(1) IN GENERAL.—For purposes of this sec- is amended— (11) establishing and administering the pri- tion, and subject to other provisions of this sub- (1) in paragraph (3) by inserting ‘‘, including mary research and development activities of the section, a covered person shall be deemed to be cost effectiveness where practical,’’ before ‘‘of Department, including the long-term research an employee of the Public Health Service with projects’’; and and development needs and capabilities for all respect to liability arising out of administration (2) by striking ‘‘and’’ after the semicolon at elements of the Department; of a covered countermeasure against smallpox to the end of paragraph (8), striking the period at (12) coordinating and integrating all research, an individual during the effective period of a the end of paragraph (9) and inserting ‘‘; and’’, development, demonstration, testing, and eval- declaration by the Secretary under paragraph and by adding at the end the following: uation activities of the Department; (2)(A).

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‘‘(2) DECLARATION BY SECRETARY CONCERNING for deeming an action or proceeding to be measure under the law of the State in which the COUNTERMEASURE AGAINST SMALLPOX.— against the United States, and for removing an countermeasure was administered.’’. ‘‘(A) AUTHORITY TO ISSUE DECLARATION.— action or proceeding from a State court, is a cer- SEC. 305. FEDERALLY FUNDED RESEARCH AND ‘‘(i) IN GENERAL.—The Secretary may issue a tification that the action or proceeding is DEVELOPMENT CENTERS. declaration, pursuant to this paragraph, con- against a covered person and is based upon a The Secretary, acting through the Under Sec- cluding that an actual or potential bioterrorist claim alleging personal injury or death arising retary for Science and Technology, shall have incident or other actual or potential public out of the administration of a covered counter- the authority to establish or contract with 1 or health emergency makes advisable the adminis- measure. more federally funded research and development tration of a covered countermeasure to a cat- ‘‘(B) CERTIFICATION OF ATTORNEY GENERAL centers to provide independent analysis of egory or categories of individuals. CONCLUSIVE.—The certification of the Attorney homeland security issues, or to carry out other ‘‘(ii) COVERED COUNTERMEASURE.—The Sec- General of the facts specified in subparagraph responsibilities under this Act, including coordi- retary shall specify in such declaration the sub- (A) shall conclusively establish such facts for nating and integrating both the extramural and stance or substances that shall be considered purposes of jurisdiction pursuant to this sub- intramural programs described in section 308. covered countermeasures (as defined in para- section. SEC. 306. MISCELLANEOUS PROVISIONS. graph (8)(A)) for purposes of administration to ‘‘(5) DEFENDANT TO COOPERATE WITH UNITED (a) CLASSIFICATION.—To the greatest extent individuals during the effective period of the STATES.— practicable, research conducted or supported by declaration. ‘‘(A) IN GENERAL.—A covered person shall co- the Department shall be unclassified. ‘‘(iii) EFFECTIVE PERIOD.—The Secretary shall operate with the United States in the processing (b) CONSTRUCTION.—Nothing in this title shall specify in such declaration the beginning and and defense of a claim or action under this sub- be construed to preclude any Under Secretary of ending dates of the effective period of the dec- section based upon alleged acts or omissions of the Department from carrying out research, de- laration, and may subsequently amend such such person. velopment, demonstration, or deployment activi- declaration to shorten or extend such effective ‘‘(B) CONSEQUENCES OF FAILURE TO COOPER- ties, as long as such activities are coordinated period, provided that the new closing date is ATE.—Upon the motion of the United States or through the Under Secretary for Science and after the date when the declaration is amended. any other party and upon finding that such Technology. ‘‘(iv) PUBLICATION.—The Secretary shall person has failed to so cooperate— (c) REGULATIONS.—The Secretary, acting promptly publish each such declaration and ‘‘(i) the court shall substitute such person as through the Under Secretary for Science and amendment in the Federal Register. the party defendant in place of the United Technology, may issue necessary regulations ‘‘(B) LIABILITY OF UNITED STATES ONLY FOR States and, upon motion, shall remand any such with respect to research, development, dem- ADMINISTRATIONS WITHIN SCOPE OF DECLARA- suit to the court in which it was instituted if it onstration, testing, and evaluation activities of TION.—Except as provided in paragraph appears that the court lacks subject matter ju- the Department, including the conducting, (5)(B)(ii), the United States shall be liable under risdiction; funding, and reviewing of such activities. this subsection with respect to a claim arising ‘‘(ii) the United States shall not be liable (d) NOTIFICATION OF PRESIDENTIAL LIFE out of the administration of a covered counter- based on the acts or omissions of such person; SCIENCES DESIGNATIONS.—Not later than 60 days measure to an individual only if— and before effecting any transfer of Department of ‘‘(i) the countermeasure was administered by ‘‘(iii) the Attorney General shall not be obli- Energy life sciences activities pursuant to sec- a qualified person, for a purpose stated in para- gated to defend such action. tion 303(1)(D) of this Act, the President shall graph (7)(A)(i), and during the effective period ‘‘(6) RECOURSE AGAINST COVERED PERSON IN notify the appropriate congressional committees of a declaration by the Secretary under sub- CASE OF GROSS MISCONDUCT OR CONTRACT VIOLA- of the proposed transfer and shall include the paragraph (A) with respect to such counter- TION.— reasons for the transfer and a description of the measure; and ‘‘(A) IN GENERAL.—Should payment be made effect of the transfer on the activities of the De- ‘‘(ii)(I) the individual was within a category by the United States to any claimant bringing a partment of Energy. of individuals covered by the declaration; or claim under this subsection, either by way of SEC. 307. HOMELAND SECURITY ADVANCED RE- ‘‘(II) the qualified person administering the administrative determination, settlement, or SEARCH PROJECTS AGENCY. countermeasure had reasonable grounds to be- court judgment, the United States shall have, (a) DEFINITIONS.—In this section: lieve that such individual was within such cat- notwithstanding any provision of State law, the (1) FUND.—The term ‘‘Fund’’ means the Accel- egory. right to recover for that portion of the damages eration Fund for Research and Development of ‘‘(C) PRESUMPTION OF ADMINISTRATION WITHIN so awarded or paid, as well as interest and any Homeland Security Technologies established in SCOPE OF DECLARATION IN CASE OF ACCIDENTAL costs of litigation, resulting from the failure of subsection (c). VACCINIA INOCULATION.— any covered person to carry out any obligation (2) HOMELAND SECURITY RESEARCH.—The term ‘‘(i) IN GENERAL.—If vaccinia vaccine is a cov- or responsibility assumed by such person under ‘‘homeland security research’’ means research ered countermeasure specified in a declaration a contract with the United States or from any relevant to the detection of, prevention of, pro- under subparagraph (A), and an individual to grossly negligent, reckless, or illegal conduct or tection against, response to, attribution of, and whom the vaccinia vaccine is not administered willful misconduct on the part of such person. recovery from homeland security threats, par- contracts vaccinia, then, under the cir- ‘‘(B) VENUE.—The United States may main- ticularly acts of terrorism. cumstances specified in clause (ii), the indi- tain an action under this paragraph against (3) HSARPA.—The term ‘‘HSARPA’’ means the vidual— such person in the district court of the United Homeland Security Advanced Research Projects ‘‘(I) shall be rebuttably presumed to have con- States in which such person resides or has its Agency established in subsection (b). tracted vaccinia from an individual to whom principal place of business. (4) UNDER SECRETARY.—The term ‘‘Under Sec- such vaccine was administered as provided by ‘‘(7) DEFINITIONS.—As used in this subsection, retary’’ means the Under Secretary for Science clauses (i) and (ii) of subparagraph (B); and terms have the following meanings: and Technology. ‘‘(II) shall (unless such presumption is rebut- ‘‘(A) COVERED COUNTERMEASURE.—The term (b) HSARPA.— ted) be deemed for purposes of this subsection to ‘covered countermeasure’, or ‘covered counter- (1) ESTABLISHMENT.—There is established the be an individual to whom a covered countermeasure against smallpox’, means a substance Homeland Security Advanced Research Projects measure was administered by a qualified person that is— Agency. in accordance with the terms of such declara- ‘‘(i)(I) used to prevent or treat smallpox (2) DIRECTOR.—HSARPA shall be headed by a tion and as described by subparagraph (B). (including the vaccinia or another vaccine); or Director, who shall be appointed by the Sec- ‘‘(ii) CIRCUMSTANCES IN WHICH PRESUMPTION ‘‘(II) vaccinia immune globulin used to control retary. The Director shall report to the Under APPLIES.—The presumption and deeming stated or treat the adverse effects of vaccinia inocula- Secretary. in clause (i) shall apply if— tion; and (3) RESPONSIBILITIES.—The Director shall ad- ‘‘(I) the individual contracts vaccinia during ‘‘(ii) specified in a declaration under para- minister the Fund to award competitive, merit- the effective period of a declaration under sub- graph (2). reviewed grants, cooperative agreements or con- paragraph (A) or by the date 30 days after the ‘‘(B) COVERED PERSON.—The term ‘covered tracts to public or private entities, including close of such period; or person’, when used with respect to the adminis- businesses, federally funded research and devel- ‘‘(II) the individual resides or has resided with tration of a covered countermeasure, includes opment centers, and universities. The Director an individual to whom such vaccine was admin- any person who is— shall administer the Fund to— istered as provided by clauses (i) and (ii) of sub- ‘‘(i) a manufacturer or distributor of such (A) support basic and applied homeland secu- paragraph (B) and contracts vaccinia after such countermeasure; rity research to promote revolutionary changes date. ‘‘(ii) a health care entity under whose aus- in technologies that would promote homeland ‘‘(3) EXCLUSIVITY OF REMEDY.—The remedy pices such countermeasure was administered; security; provided by subsection (a) shall be exclusive of ‘‘(iii) a qualified person who administered (B) advance the development, testing and any other civil action or proceeding for any such countermeasure; or evaluation, and deployment of critical homeland claim or suit this subsection encompasses. ‘‘(iv) an official, agent, or employee of a per- security technologies; and ‘‘(4) CERTIFICATION OF ACTION BY ATTORNEY son described in clause (i), (ii), or (iii). (C) accelerate the prototyping and deployment GENERAL.—Subsection (c) applies to actions ‘‘(C) QUALIFIED PERSON.—The term ‘qualified of technologies that would address homeland se- under this subsection, subject to the following person’, when used with respect to the adminis- curity vulnerabilities. provisions: tration of a covered countermeasure, means a li- (4) TARGETED COMPETITIONS.—The Director ‘‘(A) NATURE OF CERTIFICATION.—The certifi- censed health professional or other individual may solicit proposals to address specific cation by the Attorney General that is the basis who is authorized to administer such counter- vulnerabilities identified by the Director.

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(5) COORDINATION.—The Director shall ensure (iv) Demonstrated expertise in chemical, bio- (C) Any ‘‘work for others’’ basis made avail- that the activities of HSARPA are coordinated logical, radiological, and nuclear counter- able by that laboratory or site. with those of other relevant research agencies, measures. (D) Any other method provided by law. and may run projects jointly with other agen- (v) Strong affiliations with animal and plant (2) ACCEPTANCE AND PERFORMANCE BY LABS cies. diagnostic laboratories. AND SITES.—Notwithstanding any other law (6) PERSONNEL.—In hiring personnel for (vi) Demonstrated expertise in food safety. governing the administration, mission, use, or HSARPA, the Secretary shall have the hiring (vii) Affiliation with Department of Agri- operations of any of the Department of Energy and management authorities described in sec- culture laboratories or training centers. national laboratories and sites, such labora- tion 1101 of the Strom Thurmond National De- (viii) Demonstrated expertise in water and tories and sites are authorized to accept and fense Authorization Act for Fiscal Year 1999 (5 wastewater operations. perform work for the Secretary, consistent with (ix) Demonstrated expertise in port and water- U.S.C. 3104 note; Public Law 105–261). The term resources provided, and perform such work on way security. of appointments for employees under subsection an equal basis to other missions at the labora- (x) Demonstrated expertise in multi-modal (c)(1) of that section may not exceed 5 years be- tory and not on a noninterference basis with transportation. other missions of such laboratory or site. fore the granting of any extension under sub- (xi) Nationally recognized programs in infor- (b) JOINT SPONSORSHIP ARRANGEMENTS.— section (c)(2) of that section. mation security. (1) LABORATORIES.—The Department may be a (7) DEMONSTRATIONS.—The Director, periodi- (xii) Nationally recognized programs in engi- joint sponsor, under a multiple agency sponsor- cally, shall hold homeland security technology neering. demonstrations to improve contact among tech- (xiii) Demonstrated expertise in educational ship arrangement with the Department of En- nology developers, vendors and acquisition per- outreach and technical assistance. ergy, of 1 or more Department of Energy na- sonnel. (xiv) Demonstrated expertise in border trans- tional laboratories in the performance of work. (c) FUND.— portation and security. (2) SITES.—The Department may be a joint (1) ESTABLISHMENT.—There is established the (xv) Demonstrated expertise in interdiscipli- sponsor of a Department of Energy site in the Acceleration Fund for Research and Develop- nary public policy research and communication performance of work as if such site were a feder- ment of Homeland Security Technologies, which outreach regarding science, technology, and ally funded research and development center shall be administered by the Director of public policy. and the work were performed under a multiple HSARPA. (C) DISCRETION OF SECRETARY.—The Secretary agency sponsorship arrangement with the De- (2) AUTHORIZATION OF APPROPRIATIONS.— shall have the discretion to establish such cen- partment. There are authorized to be appropriated ters and to consider additional criteria as nec- (3) PRIMARY SPONSOR.—The Department of $500,000,000 to the Fund for fiscal year 2003 and essary to meet the evolving needs of homeland Energy shall be the primary sponsor under a such sums as may be necessary thereafter. security and shall report to Congress concerning multiple agency sponsorship arrangement re- (3) COAST GUARD.—Of the funds authorized to the implementation of this paragraph as nec- ferred to in paragraph (1) or (2). be appropriated under paragraph (2), not less essary. (4) LEAD AGENT.—The Secretary of Energy than 10 percent of such funds for each fiscal (D) AUTHORIZATION OF APPROPRIATIONS.— shall act as the lead agent in coordinating the year through fiscal year 2005 shall be author- There are authorized to be appropriated such formation and performance of a joint sponsor- ized only for the Under Secretary, through joint sums as may be necessary to carry out this ship arrangement under this subsection between agreement with the Commandant of the Coast paragraph. the Department and a Department of Energy Guard, to carry out research and development (c) INTRAMURAL PROGRAMS.— national laboratory or site. of improved ports, waterways and coastal secu- (1) CONSULTATION.—In carrying out the duties (5) FEDERAL ACQUISITION REGULATION.—Any rity surveillance and perimeter protection capa- under section 302, the Secretary, acting through work performed by a Department of Energy na- bilities for the purpose of minimizing the possi- the Under Secretary for Science and Tech- tional laboratory or site under a joint sponsor- bility that Coast Guard cutters, aircraft, heli- nology, may draw upon the expertise of any lab- ship arrangement under this subsection shall copters, and personnel will be diverted from oratory of the Federal Government, whether op- comply with the policy on the use of federally non-homeland security missions to the ports, erated by a contractor or the Government. funded research and development centers under waterways and coastal security mission. (2) LABORATORIES.—The Secretary, acting the Federal Acquisition Regulations. through the Under Secretary for Science and (6) FUNDING.—The Department shall provide SEC. 308. CONDUCT OF RESEARCH, DEVELOP- MENT, DEMONSTRATION, TESTING Technology, may establish a headquarters lab- funds for work at the Department of Energy na- AND EVALUATION. oratory for the Department at any laboratory or tional laboratories or sites, as the case may be, (a) IN GENERAL.—The Secretary, acting site and may establish additional laboratory under a joint sponsorship arrangement under through the Under Secretary for Science and units at other laboratories or sites. this subsection under the same terms and condi- Technology, shall carry out the responsibilities (3) CRITERIA FOR HEADQUARTERS LABORA- tions as apply to the primary sponsor of such under section 302(4) through both extramural TORY.—If the Secretary chooses to establish a national laboratory under section 303(b)(1)(C) of and intramural programs. headquarters laboratory pursuant to paragraph the Federal Property and Administrative Serv- (b) EXTRAMURAL PROGRAMS.— (2), then the Secretary shall do the following: ices Act of 1949 (41 U.S.C. 253 (b)(1)(C)) or of (1) IN GENERAL.—The Secretary, acting (A) Establish criteria for the selection of the such site to the extent such section applies to through the Under Secretary for Science and headquarters laboratory in consultation with such site as a federally funded research and de- Technology, shall operate extramural research, the National Academy of Sciences, appropriate velopment center by reason of this subsection. development, demonstration, testing, and eval- Federal agencies, and other experts. (c) SEPARATE CONTRACTING.—To the extent uation programs so as to— (B) Publish the criteria in the Federal Reg- that programs or activities transferred by this (A) ensure that colleges, universities, private ister. Act from the Department of Energy to the De- (C) Evaluate all appropriate laboratories or research institutes, and companies (and con- partment of Homeland Security are being car- sites against the criteria. sortia thereof) from as many areas of the United ried out through direct contracts with the oper- (D) Select a laboratory or site on the basis of States as practicable participate; ator of a national laboratory or site of the De- the criteria. partment of Energy, the Secretary of Homeland (B) ensure that the research funded is of high (E) Report to the appropriate congressional quality, as determined through merit review Security and the Secretary of Energy shall en- committees on which laboratory was selected, sure that direct contracts for such programs and processes developed under section 302(14); and how the selected laboratory meets the published (C) distribute funds through grants, coopera- activities between the Department of Homeland criteria, and what duties the headquarters lab- Security and such operator are separate from tive agreements, and contracts. oratory shall perform. NIVERSITY-BASED CENTERS FOR HOMELAND the direct contracts of the Department of Energy (2) U (4) LIMITATION ON OPERATION OF LABORA- SECURITY with such operator. .— TORIES.—No laboratory shall begin operating as (d) AUTHORITY WITH RESPECT TO COOPERA- (A) ESTABLISHMENT.—The Secretary, acting the headquarters laboratory of the Department TIVE RESEARCH AND DEVELOPMENT AGREEMENTS through the Under Secretary for Science and until at least 30 days after the transmittal of the AND LICENSING AGREEMENTS.—In connection Technology, shall establish within 1 year of the report required by paragraph (3)(E). date of enactment of this Act a university-based with any utilization of the Department of En- SEC. 309. UTILIZATION OF DEPARTMENT OF EN- ergy national laboratories and sites under this center or centers for homeland security. The ERGY NATIONAL LABORATORIES purpose of this center or centers shall be to es- AND SITES IN SUPPORT OF HOME- section, the Secretary may permit the director of tablish a coordinated, university-based system LAND SECURITY ACTIVITIES. any such national laboratory or site to enter to enhance the Nation’s homeland security. (a) AUTHORITY TO UTILIZE NATIONAL LABORA- into cooperative research and development (B) CRITERIA FOR SELECTION.—In selecting TORIES AND SITES.— agreements or to negotiate licensing agreements colleges or universities as centers for homeland (1) IN GENERAL.—In carrying out the missions with any person, any agency or instrumen- security, the Secretary shall consider the fol- of the Department, the Secretary may utilize the tality, of the United States, any unit of State or lowing criteria: Department of Energy national laboratories and local government, and any other entity under (i) Demonstrated expertise in the training of sites through any 1 or more of the following the authority granted by section 12 of the Ste- first responders. methods, as the Secretary considers appropriate: venson-Wydler Technology Innovation Act of (ii) Demonstrated expertise in responding to (A) A joint sponsorship arrangement referred 1980 (15 U.S.C. 3710a). Technology may be incidents involving weapons of mass destruction to in subsection (b). transferred to a non-Federal party to such an and biological warfare. (B) A direct contract between the Department agreement consistent with the provisions of sec- (iii) Demonstrated expertise in emergency and the applicable Department of Energy lab- tions 11 and 12 of that Act (15 U.S.C. 3710, medical services. oratory or site, subject to subsection (c). 3710a).

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(e) REIMBURSEMENT OF COSTS.—In the case of (b) MEMBERSHIP.— SEC. 312. HOMELAND SECURITY INSTITUTE. an activity carried out by the operator of a De- (1) APPOINTMENT.—The Advisory Committee (a) ESTABLISHMENT.—The Secretary shall es- partment of Energy national laboratory or site shall consist of 20 members appointed by the tablish a federally funded research and develop- in connection with any utilization of such lab- Under Secretary for Science and Technology, ment center to be known as the ‘‘Homeland Se- oratory or site under this section, the Depart- which shall include emergency first-responders curity Institute’’ (in this section referred to as ment of Homeland Security shall reimburse the or representatives of organizations or associa- the ‘‘Institute’’). Department of Energy for costs of such activity tions of emergency first-responders. The Advi- (b) ADMINISTRATION.—The Institute shall be through a method under which the Secretary of sory Committee shall also include representa- administered as a separate entity by the Sec- Energy waives any requirement for the Depart- tives of citizen groups, including economically retary. ment of Homeland Security to pay administra- disadvantaged communities. The individuals ap- (c) DUTIES.—The duties of the Institute shall tive charges or personnel costs of the Depart- pointed as members of the Advisory Committee— be determined by the Secretary, and may in- ment of Energy or its contractors in excess of (A) shall be eminent in fields such as emer- clude the following: the amount that the Secretary of Energy pays gency response, research, engineering, new (1) Systems analysis, risk analysis, and sim- for an activity carried out by such contractor product development, business, and manage- ulation and modeling to determine the and paid for by the Department of Energy. ment consulting; vulnerabilities of the Nation’s critical infra- (f) LABORATORY DIRECTED RESEARCH AND DE- (B) shall be selected solely on the basis of es- structures and the effectiveness of the systems VELOPMENT BY THE DEPARTMENT OF ENERGY.— tablished records of distinguished service; deployed to reduce those vulnerabilities. (2) Economic and policy analysis to assess the No funds authorized to be appropriated or oth- (C) shall not be employees of the Federal Gov- distributed costs and benefits of alternative ap- erwise made available to the Department in any ernment; and proaches to enhancing security. fiscal year may be obligated or expended for lab- (D) shall be so selected as to provide represen- oratory directed research and development ac- (3) Evaluation of the effectiveness of measures tation of a cross-section of the research, devel- deployed to enhance the security of institutions, tivities carried out by the Department of Energy opment, demonstration, and deployment activi- unless such activities support the missions of the facilities, and infrastructure that may be ter- ties supported by the Under Secretary for Department of Homeland Security. rorist targets. Science and Technology. (g) OFFICE FOR NATIONAL LABORATORIES.— (4) Identification of instances when common There is established within the Directorate of (2) NATIONAL RESEARCH COUNCIL.—The Under standards and protocols could improve the inter- Science and Technology an Office for National Secretary for Science and Technology may enter operability and effective utilization of tools de- Laboratories, which shall be responsible for the into an arrangement for the National Research veloped for field operators and first responders. coordination and utilization of the Department Council to select members of the Advisory Com- (5) Assistance for Federal agencies and de- of Energy national laboratories and sites under mittee, but only if the panel used by the Na- partments in establishing testbeds to evaluate this section in a manner to create a networked tional Research Council reflects the representa- the effectiveness of technologies under develop- laboratory system for the purpose of supporting tion described in paragraph (1). ment and to assess the appropriateness of such the missions of the Department. (c) TERMS OF OFFICE.— technologies for deployment. (h) DEPARTMENT OF ENERGY COORDINATION (1) IN GENERAL.—Except as otherwise provided (6) Design of metrics and use of those metrics ON HOMELAND SECURITY RELATED RESEARCH.— in this subsection, the term of office of each to evaluate the effectiveness of homeland secu- The Secretary of Energy shall ensure that any member of the Advisory Committee shall be 3 rity programs throughout the Federal Govern- research, development, test, and evaluation ac- years. ment, including all national laboratories. tivities conducted within the Department of En- (2) ORIGINAL APPOINTMENTS.—The original (7) Design of and support for the conduct of ergy that are directly or indirectly related to members of the Advisory Committee shall be ap- homeland security-related exercises and simula- homeland security are fully coordinated with pointed to three classes of three members each. tions. the Secretary to minimize duplication of effort One class shall have a term of 1 year, 1 a term (8) Creation of strategic technology develop- and maximize the effective application of Fed- of 2 years, and the other a term of 3 years. ment plans to reduce vulnerabilities in the Na- eral budget resources. (3) VACANCIES.—A member appointed to fill a tion’s critical infrastructure and key resources. SEC. 310. TRANSFER OF PLUM ISLAND ANIMAL vacancy occurring before the expiration of the (d) CONSULTATION ON INSTITUTE ACTIVITIES.— DISEASE CENTER, DEPARTMENT OF term for which the member’s predecessor was ap- In carrying out the duties described in sub- AGRICULTURE. pointed shall be appointed for the remainder of section (c), the Institute shall consult widely (a) IN GENERAL.—In accordance with title XV, such term. with representatives from private industry, in- the Secretary of Agriculture shall transfer to the (d) ELIGIBILITY.—A person who has completed stitutions of higher education, nonprofit institu- Secretary of Homeland Security the Plum Island two consecutive full terms of service on the Ad- tions, other Government agencies, and federally Animal Disease Center of the Department of Ag- visory Committee shall thereafter be ineligible funded research and development centers. riculture, including the assets and liabilities of for appointment during the 1-year period fol- (e) USE OF CENTERS.—The Institute shall uti- the Center. lowing the expiration of the second such term. lize the capabilities of the National Infrastruc- (b) CONTINUED DEPARTMENT OF AGRICULTURE (e) MEETINGS.—The Advisory Committee shall ture Simulation and Analysis Center. ACCESS.—On completion of the transfer of the meet at least quarterly at the call of the Chair (f) ANNUAL REPORTS.—The Institute shall Plum Island Animal Disease Center under sub- or whenever one-third of the members so request transmit to the Secretary and Congress an an- section (a), the Secretary of Homeland Security in writing. Each member shall be given appro- nual report on the activities of the Institute and the Secretary of Agriculture shall enter into priate notice of the call of each meeting, when- under this section. an agreement to ensure that the Department of ever possible not less than 15 days before the (g) TERMINATION.—The Homeland Security Agriculture is able to carry out research, diag- meeting. Institute shall terminate 3 years after the effec- nostic, and other activities of the Department of (f) QUORUM.—A majority of the members of tive date of this Act. Agriculture at the Center. the Advisory Committee not having a conflict of SEC. 313. TECHNOLOGY CLEARINGHOUSE TO EN- (c) DIRECTION OF ACTIVITIES.—The Secretary interest in the matter being considered by the COURAGE AND SUPPORT INNOVA- TIVE SOLUTIONS TO ENHANCE of Agriculture shall continue to direct the re- Advisory Committee shall constitute a quorum. search, diagnostic, and other activities of the HOMELAND SECURITY. (g) CONFLICT OF INTEREST RULES.—The Advi- Department of Agriculture at the Center de- (a) ESTABLISHMENT OF PROGRAM.—The Sec- sory Committee shall establish rules for deter- retary, acting through the Under Secretary for scribed in subsection (b). mining when 1 of its members has a conflict of (d) NOTIFICATION.— Science and Technology, shall establish and (1) IN GENERAL.—At least 180 days before any interest in a matter being considered by the Ad- promote a program to encourage technological change in the biosafety level at the Plum Island visory Committee. innovation in facilitating the mission of the De- Animal Disease Center, the President shall no- (h) REPORTS.— partment (as described in section 101). tify Congress of the change and describe the (1) ANNUAL REPORT.—The Advisory Committee (b) ELEMENTS OF PROGRAM.—The program de- reasons for the change. shall render an annual report to the Under Sec- scribed in subsection (a) shall include the fol- (2) LIMITATION.—No change described in retary for Science and Technology for trans- lowing components: paragraph (1) may be made earlier than 180 mittal to Congress on or before January 31 of (1) The establishment of a centralized Federal days after the completion of the transition pe- each year. Such report shall describe the activi- clearinghouse for information relating to tech- riod (as defined in section 1501. ties and recommendations of the Advisory Com- nologies that would further the mission of the SEC. 311. HOMELAND SECURITY SCIENCE AND mittee during the previous year. Department for dissemination, as appropriate, TECHNOLOGY ADVISORY COM- (2) ADDITIONAL REPORTS.—The Advisory Com- to Federal, State, and local government and pri- MITTEE. mittee may render to the Under Secretary for vate sector entities for additional review, pur- (a) ESTABLISHMENT.—There is established transmittal to Congress such additional reports chase, or use. within the Department a Homeland Security on specific policy matters as it considers appro- (2) The issuance of announcements seeking Science and Technology Advisory Committee (in priate. unique and innovative technologies to advance this section referred to as the ‘‘Advisory Com- (i) FACA EXEMPTION.—Section 14 of the Fed- the mission of the Department. mittee’’). The Advisory Committee shall make eral Advisory Committee Act shall not apply to (3) The establishment of a technical assistance recommendations with respect to the activities of the Advisory Committee. team to assist in screening, as appropriate, pro- the Under Secretary for Science and Tech- (j) TERMINATION.—The Department of Home- posals submitted to the Secretary (except as pro- nology, including identifying research areas of land Security Science and Technology Advisory vided in subsection (c)(2)) to assess the feasi- potential importance to the security of the Na- Committee shall terminate 3 years after the ef- bility, scientific and technical merits, and esti- tion. fective date of this Act. mated cost of such proposals, as appropriate.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.031 H22PT1 H9052 CONGRESSIONAL RECORD — HOUSE November 22, 2002 (4) The provision of guidance, recommendations of the Secretary of the Treasury relating Secretary may not consolidate, discontinue, or tions, and technical assistance, as appropriate, thereto; diminish those functions described in paragraph to assist Federal, State, and local government (2) the Transportation Security Administra- (2) performed by the United States Customs and private sector efforts to evaluate and imple- tion of the Department of Transportation, in- Service (as established under section 411) on or ment the use of technologies described in para- cluding the functions of the Secretary of Trans- after the effective date of this Act, reduce the graph (1) or (2). portation, and of the Under Secretary of Trans- staffing level, or reduce the resources attrib- (5) The provision of information for persons portation for Security, relating thereto; utable to such functions, and the Secretary seeking guidance on how to pursue proposals to (3) the Federal Protective Service of the Gen- shall ensure that an appropriate management develop or deploy technologies that would en- eral Services Administration, including the structure is implemented to carry out such func- hance homeland security, including information functions of the Administrator of General Serv- tions. relating to Federal funding, regulation, or ac- ices relating thereto; (2) FUNCTIONS.—The functions referred to in quisition. (4) the Federal Law Enforcement Training paragraph (1) are those functions performed by (c) MISCELLANEOUS PROVISIONS.— Center of the Department of the Treasury; and the following personnel, and associated support (1) IN GENERAL.—Nothing in this section shall (5) the Office for Domestic Preparedness of the staff, of the United States Customs Service on be construed as authorizing the Secretary or the Office of Justice Programs, including the func- the day before the effective date of this Act: Im- technical assistance team established under sub- tions of the Attorney General relating thereto. port Specialists, Entry Specialists, Drawback section (b)(3) to set standards for technology to Subtitle B—United States Customs Service Specialists, National Import Specialist, Fines be used by the Department, any other executive SEC. 411. ESTABLISHMENT; COMMISSIONER OF and Penalties Specialists, attorneys of the Office agency, any State or local government entity, or CUSTOMS. of Regulations and Rulings, Customs Auditors, any private sector entity. (a) ESTABLISHMENT.—There is established in International Trade Specialists, Financial Sys- (2) CERTAIN PROPOSALS.—The technical assist- the Department the United States Customs Serv- tems Specialists. ance team established under subsection (b)(3) ice, under the authority of the Under Secretary (c) NEW PERSONNEL.—The Secretary of the shall not consider or evaluate proposals sub- for Border and Transportation Security, which Treasury is authorized to appoint up to 20 new mitted in response to a solicitation for offers for shall be vested with those functions including, personnel to work with personnel of the Depart- a pending procurement or for a specific agency but not limited to those set forth in section ment in performing customs revenue functions. requirement. 415(7), and the personnel, assets, and liabilities SEC. 413. PRESERVATION OF CUSTOMS FUNDS. (3) COORDINATION.—In carrying out this sec- attributable to those functions. Notwithstanding any other provision of this tion, the Secretary shall coordinate with the (b) COMMISSIONER OF CUSTOMS.— Act, no funds available to the United States Technical Support Working Group (organized (1) IN GENERAL.—There shall be at the head of Customs Service or collected under paragraphs under the April 1982 National Security Decision the Customs Service a Commissioner of Customs, (1) through (8) of section 13031(a) of the Consoli- Directive Numbered 30). who shall be appointed by the President, by and dated Omnibus Budget Reconciliation Act of TITLE IV—DIRECTORATE OF BORDER AND with the advice and consent of the Senate. 1985 may be transferred for use by any other TRANSPORTATION SECURITY (2) COMPENSATION.—Section 5314 of title 5, agency or office in the Department. United States Code, is amended by striking SEC. 414. SEPARATE BUDGET REQUEST FOR CUS- Subtitle A—Under Secretary for Border and ‘‘Commissioner of Customs, Department of the Transportation Security TOMS. Treasury’’ The President shall include in each budget SEC. 401. UNDER SECRETARY FOR BORDER AND and inserting transmitted to Congress under section 1105 of TRANSPORTATION SECURITY. ‘‘Commissioner of Customs, Department of title 31, United States Code, a separate budget Homeland Security.’’. There shall be in the Department a Direc- request for the United States Customs Service. torate of Border and Transportation Security (3) CONTINUATION IN OFFICE.—The individual headed by an Under Secretary for Border and serving as the Commissioner of Customs on the SEC. 415. DEFINITION. Transportation Security. day before the effective date of this Act may In this subtitle, the term ‘‘customs revenue serve as the Commissioner of Customs on and function’’ means the following: SEC. 402. RESPONSIBILITIES. (1) Assessing and collecting customs duties The Secretary, acting through the Under Sec- after such effective date until a Commissioner of Customs is appointed under paragraph (1). (including antidumping and countervailing du- retary for Border and Transportation Security, ties and duties imposed under safeguard provi- SEC. 412. RETENTION OF CUSTOMS REVENUE shall be responsible for the following: sions), excise taxes, fees, and penalties due on (1) Preventing the entry of terrorists and the FUNCTIONS BY SECRETARY OF THE TREASURY. imported merchandise, including classifying and instruments of terrorism into the United States. (a) RETENTION OF CUSTOMS REVENUE FUNC- valuing merchandise for purposes of such as- (2) Securing the borders, territorial waters, TIONS BY SECRETARY OF THE TREASURY.— sessment. ports, terminals, waterways, and air, land, and (1) RETENTION OF AUTHORITY.—Notwith- (2) Processing and denial of entry of persons, sea transportation systems of the United States, standing section 403(a)(1), authority related to baggage, cargo, and mail, with respect to the as- including managing and coordinating those Customs revenue functions that was vested in sessment and collection of import duties. functions transferred to the Department at ports the Secretary of the Treasury by law before the (3) Detecting and apprehending persons en- of entry. effective date of this Act under those provisions gaged in fraudulent practices designed to cir- (3) Carrying out the immigration enforcement of law set forth in paragraph (2) shall not be cumvent the customs laws of the United States. functions vested by statute in, or performed by, transferred to the Secretary by reason of this (4) Enforcing section 337 of the Tariff Act of the Commissioner of Immigration and Natu- Act, and on and after the effective date of this 1930 and provisions relating to import quotas ralization (or any officer, employee, or compo- Act, the Secretary of the Treasury may delegate and the marking of imported merchandise, and nent of the Immigration and Naturalization any such authority to the Secretary at the dis- providing Customs Recordations for copyrights, Service) immediately before the date on which cretion of the Secretary of the Treasury. The patents, and trademarks. the transfer of functions specified under section Secretary of the Treasury shall consult with the (5) Collecting accurate import data for com- 441 takes effect. Secretary regarding the exercise of any such au- pilation of international trade statistics. (4) Establishing and administering rules, in thority not delegated to the Secretary. (6) Enforcing reciprocal trade agreements. accordance with section 428, governing the (2) STATUTES.—The provisions of law referred (7) Functions performed by the following per- granting of visas or other forms of permission, to in paragraph (1) are the following: the Tariff sonnel, and associated support staff, of the including parole, to enter the United States to Act of 1930; section 249 of the Revised Statutes United States Customs Service on the day before individuals who are not a citizen or an alien of the United States (19 U.S.C. 3); section 2 of the effective date of this Act: Import Specialists, lawfully admitted for permanent residence in the Act of March 4, 1923 (19 U.S.C. 6); section Entry Specialists, Drawback Specialists, Na- the United States. 13031 of the Consolidated Omnibus Budget Rec- tional Import Specialist, Fines and Penalties (5) Establishing national immigration enforce- onciliation Act of 1985 (19 U.S.C. 58c); section Specialists, attorneys of the Office of Regula- ment policies and priorities. 251 of the Revised Statutes of the United States tions and Rulings, Customs Auditors, Inter- (6) Except as provided in subtitle C, admin- (19 U.S.C. 66); section 1 of the Act of June 26, national Trade Specialists, Financial Systems istering the customs laws of the United States. 1930 (19 U.S.C. 68); the Foreign Trade Zones Act Specialists. (7) Conducting the inspection and related ad- (19 U.S.C. 81a et seq.); section 1 of the Act of (8) Functions performed by the following of- ministrative functions of the Department of Ag- March 2, 1911 (19 U.S.C. 198); the Trade Act of fices, with respect to any function described in riculture transferred to the Secretary of Home- 1974; the Trade Agreements Act of 1979; the any of paragraphs (1) through (7), and associ- land Security under section 421. North American Free Trade Area Implementa- ated support staff, of the United States Customs (8) In carrying out the foregoing responsibil- tion Act; the Uruguay Round Agreements Act; Service on the day before the effective date of ities, ensuring the speedy, orderly, and efficient the Caribbean Basin Economic Recovery Act; this Act: the Office of Information and Tech- flow of lawful traffic and commerce. the Andean Trade Preference Act; the African nology, the Office of Laboratory Services, the SEC. 403. FUNCTIONS TRANSFERRED. Growth and Opportunity Act; and any other Office of the Chief Counsel, the Office of Con- In accordance with title XV (relating to tran- provision of law vesting customs revenue func- gressional Affairs, the Office of International sition provisions), there shall be transferred to tions in the Secretary of the Treasury. Affairs, and the Office of Training and Develop- the Secretary the functions, personnel, assets, (b) MAINTENANCE OF CUSTOMS REVENUE FUNC- ment. and liabilities of— TIONS.— SEC. 416. GAO REPORT TO CONGRESS. (1) the United States Customs Service of the (1) MAINTENANCE OF FUNCTIONS.—Notwith- Not later than 3 months after the effective Department of the Treasury, including the func- standing any other provision of this Act, the date of this Act, the Comptroller General of the

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.032 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9053

United States shall submit to Congress a report retary of the Treasury shall reduce the amount (3) COOPERATION AND RECIPROCITY.—The Sec- that sets forth all trade functions performed by estimated to be collected in fiscal year 2006 by retary of Agriculture and the Secretary may in- the executive branch, specifying each agency the amount by which total fees deposited to the clude as part of the agreement the following: that performs each such function. Account during fiscal years 2003, 2004, and 2005 (A) Authority for the Secretary to perform SEC. 417. ALLOCATION OF RESOURCES BY THE exceed total appropriations from that Ac- functions delegated to the Animal and Plant SECRETARY. count.’’. Health Inspection Service of the Department of (a) IN GENERAL.—The Secretary shall ensure (b) CONFORMING AMENDMENT.—Section 311(b) Agriculture regarding the protection of domestic that adequate staffing is provided to assure that of the Customs Border Security Act of 2002 livestock and plants, but not transferred to the levels of customs revenue services provided on (Public Law 107–210) is amended by striking Secretary pursuant to subsection (a). the day before the effective date of this Act shall paragraph (2). (B) Authority for the Secretary of Agriculture to use employees of the Department of Home- continue to be provided. Subtitle C—Miscellaneous Provisions (b) NOTIFICATION OF CONGRESS.—The Sec- land Security to carry out authorities delegated SEC. 421. TRANSFER OF CERTAIN AGRICULTURAL retary shall notify the Committee on Ways and to the Animal and Plant Health Inspection INSPECTION FUNCTIONS OF THE DE- Service regarding the protection of domestic live- Means of the House of Representatives and the PARTMENT OF AGRICULTURE. stock and plants. Committee on Finance of the Senate at least 90 RANSFER OF GRICULTURAL MPORT AND (a) T A I (f) PERIODIC TRANSFER OF FUNDS TO DEPART- days prior to taking any action which would— NTRY NSPECTION UNCTIONS E I F .—There shall be MENT OF HOMELAND SECURITY.— (1) result in any significant reduction in cus- transferred to the Secretary the functions of the toms revenue services, including hours of oper- (1) TRANSFER OF FUNDS.—Out of funds col- Secretary of Agriculture relating to agricultural lected by fees authorized under sections 2508 ation, provided at any office within the Depart- import and entry inspection activities under the ment or any port of entry; and 2509 of the Food, Agriculture, Conservation, laws specified in subsection (b). and Trade Act of 1990 (21 U.S.C. 136, 136a), the (2) eliminate or relocate any office of the De- (b) COVERED ANIMAL AND PLANT PROTECTION partment which provides customs revenue serv- Secretary of Agriculture shall transfer, from LAWS.—The laws referred to in subsection (a) time to time in accordance with the agreement ices; or are the following: (3) eliminate any port of entry. under subsection (e), to the Secretary funds for (1) The Act commonly known as the Virus- activities carried out by the Secretary for which (c) DEFINITION.—In this section, the term Serum-Toxin Act (the eighth paragraph under ‘‘customs revenue services’’ means those customs such fees were collected. the heading ‘‘Bureau of Animal Industry’’ in (2) LIMITATION.—The proportion of fees col- revenue functions described in paragraphs (1) the Act of March 4, 1913; 21 U.S.C. 151 et seq.). lected pursuant to such sections that are trans- through (6) and paragraph (8) of section 415. (2) Section 1 of the Act of August 31, 1922 ferred to the Secretary under this subsection SEC. 418. REPORTS TO CONGRESS. (commonly known as the Honeybee Act; 7 U.S.C. may not exceed the proportion of the costs in- (a) CONTINUING REPORTS.—The United States 281). curred by the Secretary to all costs incurred to Customs Service shall, on and after the effective (3) Title III of the Federal Seed Act (7 U.S.C. carry out activities funded by such fees. date of this Act, continue to submit to the Com- 1581 et seq.). (g) TRANSFER OF DEPARTMENT OF AGRI- mittee on Ways and Means of the House of Rep- (4) The Plant Protection Act (7 U.S.C. 7701 et CULTURE EMPLOYEES.—Not later than the com- resentatives and the Committee on Finance of seq.). pletion of the transition period defined under the Senate any report required, on the day be- (5) The Animal Health Protection Act (subtitle section 1501, the Secretary of Agriculture shall fore such the effective date of this Act, to be so E of title X of Public Law 107–171; 7 U.S.C. 8301 transfer to the Secretary not more than 3,200 submitted under any provision of law. et seq.). full-time equivalent positions of the Department (b) REPORT ON CONFORMING AMENDMENTS.— (6) The Lacey Act Amendments of 1981 (16 of Agriculture. Not later than 60 days after the date of enact- U.S.C. 3371 et seq.). (h) PROTECTION OF INSPECTION ANIMALS.— ment of this Act, the Secretary of the Treasury (7) Section 11 of the Endangered Species Act Title V of the Agricultural Risk Protection Act shall submit a report to the Committee on Fi- of 1973 (16 U.S.C. 1540). of 2000 (7 U.S.C. 2279e, 2279f) is amended— nance of the Senate and the Committee on Ways (c) EXCLUSION OF QUARANTINE ACTIVITIES.— (1) in section 501(a)— and Means of the House of Representatives of For purposes of this section, the term (A) by inserting ‘‘or the Department of Home- proposed conforming amendments to the statutes ‘‘functions’’ does not include any quarantine land Security’’ after ‘‘Department of Agri- set forth under section 412(a)(2) in order to de- activities carried out under the laws specified in culture’’; and termine the appropriate allocation of legal au- subsection (b). (B) by inserting ‘‘or the Secretary of Home- thorities described under this subsection. The (d) EFFECT OF TRANSFER.— land Security’’ after ‘‘Secretary of Agriculture’’; Secretary of the Treasury shall also identify (1) COMPLIANCE WITH DEPARTMENT OF AGRI- (2) by striking ‘‘Secretary’’ each place it ap- those authorities vested in the Secretary of the CULTURE REGULATIONS.—The authority trans- pears (other than in sections 501(a) and 501(e)) Treasury that are exercised by the Commissioner ferred pursuant to subsection (a) shall be exer- and inserting ‘‘Secretary concerned’’; and of Customs on or before the effective date of this cised by the Secretary in accordance with the (3) by adding at the end of section 501 the fol- section. regulations, policies, and procedures issued by lowing new subsection: ‘‘(e) SECRETARY CONCERNED DEFINED.—In this SEC. 419. CUSTOMS USER FEES. the Secretary of Agriculture regarding the ad- title, the term ‘Secretary concerned’ means— (a) IN GENERAL.—Section 13031(f) of the Con- ministration of the laws specified in subsection ‘‘(1) the Secretary of Agriculture, with respect solidated Omnibus Budget Reconciliation Act of (b). to an animal used for purposes of official in- 1985 (19 U.S.C. 58c(f)) is amended— (2) RULEMAKING COORDINATION.—The Sec- spections by the Department of Agriculture; and (1) in paragraph (1), by striking subparagraph retary of Agriculture shall coordinate with the ‘‘(2) the Secretary of Homeland Security, with (B) and inserting the following: Secretary whenever the Secretary of Agriculture respect to an animal used for purposes of offi- ‘‘(B) amounts deposited into the Customs prescribes regulations, policies, or procedures for cial inspections by the Department of Homeland Commercial and Homeland Security Automation administering the functions transferred under Security.’’. Account under paragraph (5).’’; subsection (a) under a law specified in sub- SEC. 422. FUNCTIONS OF ADMINISTRATOR OF (2) in paragraph (4), by striking ‘‘(other than section (b). GENERAL SERVICES. the excess fees determined by the Secretary (3) EFFECTIVE ADMINISTRATION.—The Sec- (a) OPERATION, MAINTENANCE, AND PROTEC- under paragraph (5))’’; and retary, in consultation with the Secretary of Ag- TION OF FEDERAL BUILDINGS AND GROUNDS.— (3) by striking paragraph (5) and inserting the riculture, may issue such directives and guide- Nothing in this Act may be construed to affect following: lines as are necessary to ensure the effective use the functions or authorities of the Administrator ‘‘(5)(A) There is created within the general of personnel of the Department of Homeland Se- of General Services with respect to the oper- fund of the Treasury a separate account that curity to carry out the functions transferred ation, maintenance, and protection of buildings shall be known as the ‘Customs Commercial and pursuant to subsection (a). and grounds owned or occupied by the Federal Homeland Security Automation Account’. In (e) TRANSFER AGREEMENT.— Government and under the jurisdiction, cus- each of fiscal years 2003, 2004, and 2005 there (1) AGREEMENT REQUIRED; REVISION.—Before tody, or control of the Administrator. Except for shall be deposited into the Account from fees the end of the transition period, as defined in the law enforcement and related security func- collected under subsection (a)(9)(A), section 1501, the Secretary of Agriculture and tions transferred under section 403(3), the Ad- $350,000,000. the Secretary shall enter into an agreement to ministrator shall retain all powers, functions, ‘‘(B) There is authorized to be appropriated effectuate the transfer of functions required by and authorities vested in the Administrator from the Account in fiscal years 2003 through subsection (a). The Secretary of Agriculture and under chapter 10 of title 40, United States Code, 2005 such amounts as are available in that Ac- the Secretary may jointly revise the agreement and other provisions of law that are necessary count for the development, establishment, and as necessary thereafter. for the operation, maintenance, and protection implementation of the Automated Commercial (2) REQUIRED TERMS.—The agreement re- of such buildings and grounds. Environment computer system for the processing quired by this subsection shall specifically ad- (b) COLLECTION OF RENTS AND FEES; FEDERAL of merchandise that is entered or released and dress the following: BUILDINGS FUND.— for other purposes related to the functions of the (A) The supervision by the Secretary of Agri- (1) STATUTORY CONSTRUCTION.—Nothing in Department of Homeland Security. Amounts ap- culture of the training of employees of the Sec- this Act may be construed— propriated pursuant to this subparagraph are retary to carry out the functions transferred (A) to direct the transfer of, or affect, the au- authorized to remain available until expended. pursuant to subsection (a). thority of the Administrator of General Services ‘‘(C) In adjusting the fee imposed by sub- (B) The transfer of funds to the Secretary to collect rents and fees, including fees collected section (a)(9)(A) for fiscal year 2006, the Sec- under subsection (f). for protective services; or

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.032 H22PT1 H9054 CONGRESSIONAL RECORD — HOUSE November 22, 2002 (B) to authorize the Secretary or any other of- until the requirements of paragraph (1) have (4) any other department or agency deter- ficial in the Department to obligate amounts in been met. mined to be appropriate by the Secretary. the Federal Buildings Fund established by sec- ‘‘(B) CRITERIA FOR DETERMINATION.—In mak- (b) COORDINATION.—The Secretary, in coordi- tion 490(f) of title 40, United States Code. ing a determination under subparagraph (A), nation with the Secretary of Agriculture, the (2) USE OF TRANSFERRED AMOUNTS.—Any the Under Secretary shall take into account— Secretary of Health and Human Services, and amounts transferred by the Administrator of ‘‘(i) the nature and extent of the required the head of each other department or agency de- General Services to the Secretary out of rents modifications to the airport’s terminal buildings, termined to be appropriate by the Secretary, and fees collected by the Administrator shall be and the technical, engineering, design and con- shall ensure that appropriate information (as used by the Secretary solely for the protection of struction issues; determined by the Secretary) concerning inspec- buildings or grounds owned or occupied by the ‘‘(ii) the need to ensure that such installations tions of articles that are imported or entered Federal Government. and modifications are effective; and into the United States, and are inspected or reg- SEC. 423. FUNCTIONS OF TRANSPORTATION SE- ‘‘(iii) the feasibility and cost-effectiveness of ulated by 1 or more affected agencies, is timely CURITY ADMINISTRATION. deploying explosive detection systems in the and efficiently exchanged between the affected (a) CONSULTATION WITH FEDERAL AVIATION baggage sorting area or other non-public area agencies. ADMINISTRATION.—The Secretary and other offi- rather than the lobby of an airport terminal (c) REPORT AND PLAN.—Not later than 18 cials in the Department shall consult with the building. months after the date of enactment of this Act, Administrator of the Federal Aviation Adminis- ‘‘(C) RESPONSE.—The Under Secretary shall the Secretary, in consultation with the Sec- tration before taking any action that might af- respond to the request of an airport under sub- retary of Agriculture, the Secretary of Health fect aviation safety, air carrier operations, air- paragraph (A) within 14 days of receiving the and Human Services, and the head of each craft airworthiness, or the use of airspace. The request. A denial of request shall create no right other department or agency determined to be ap- Secretary shall establish a liaison office within of appeal or judicial review. propriate by the Secretary, shall submit to Con- the Department for the purpose of consulting ‘‘(D) AIRPORT EFFORT REQUIRED.—Each air- gress— with the Administrator of the Federal Aviation port with respect to which the Under Secretary (1) a report on the progress made in imple- Administration. makes a determination under subparagraph (A) menting this section; and (b) REPORT TO CONGRESS.—Not later than 60 shall— (2) a plan to complete implementation of this days after the date of enactment of this Act, the ‘‘(i) cooperate fully with the Transportation section. Secretary of Transportation shall transmit to Security Administration with respect to screen- SEC. 428. VISA ISSUANCE. Congress a report containing a plan for coming checked baggage and changes to accommo- (a) DEFINITION.—In this subsection, the term plying with the requirements of section 44901(d) date explosive detection systems; and ‘‘consular office’’ has the meaning given that of title 49, United States Code, as amended by ‘‘(ii) make security projects a priority for the term under section 101(a)(9) of the Immigration section 425 of this Act. obligation or expenditure of funds made avail- and Nationality Act (8 U.S.C. 1101(a)(9)). (c) LIMITATIONS ON STATUTORY CONSTRUC- able under chapter 417 or 471 until explosive de- (b) IN GENERAL.—Notwithstanding section TION.— tection systems required to be deployed under 104(a) of the Immigration and Nationality Act (8 (1) GRANT OF AUTHORITY.—Nothing in this Act paragraph (1) have been deployed at that air- U.S.C. 1104(a)) or any other provision of law, may be construed to vest in the Secretary or any port. and except as provided in subsection (c) of this other official in the Department any authority ‘‘(3) REPORTS.—Until the Transportation Se- section, the Secretary— over transportation security that is not vested in curity Administration has met the requirements (1) shall be vested exclusively with all au- the Under Secretary of Transportation for Secu- of paragraph (1), the Under Secretary shall sub- thorities to issue regulations with respect to, ad- rity, or in the Secretary of Transportation under mit a classified report every 30 days after the minister, and enforce the provisions of such Act, chapter 449 of title 49, United States Code, on date of enactment of this Act to the Senate Com- and of all other immigration and nationality the day before the date of enactment of this Act. mittee on Commerce, Science, and Transpor- laws, relating to the functions of consular offi- (2) OBLIGATION OF AIP FUNDS.—Nothing in tation and the House of Representatives Com- cers of the United States in connection with the this Act may be construed to authorize the Sec- mittee on Transportation and Infrastructure de- granting or refusal of visas, and shall have the retary or any other official in the Department to scribing the progress made toward meeting such authority to refuse visas in accordance with law obligate amounts made available under section requirements at each airport.’’. and to develop programs of homeland security 48103 of title 49, United States Code. SEC. 426. TRANSPORTATION SECURITY. training for consular officers (in addition to consular training provided by the Secretary of SEC. 424. PRESERVATION OF TRANSPORTATION (a) TRANSPORTATION SECURITY OVERSIGHT SECURITY ADMINISTRATION AS A BOARD.— State), which authorities shall be exercised DISTINCT ENTITY. (1) ESTABLISHMENT.—Section 115(a) of title 49, through the Secretary of State, except that the (a) IN GENERAL.—Notwithstanding any other United States Code, is amended by striking Secretary shall not have authority to alter or re- provision of this Act, and subject to subsection ‘‘Department of Transportation’’ and inserting verse the decision of a consular officer to refuse (b), the Transportation Security Administration ‘‘Department of Homeland Security’’. a visa to an alien; and (2) shall have authority to confer or impose shall be maintained as a distinct entity within (2) MEMBERSHIP.—Section 115(b)(1) of title 49, the Department under the Under Secretary for United States Code, is amended— upon any officer or employee of the United Border Transportation and Security. (A) by striking subparagraph (G); States, with the consent of the head of the exec- (b) SUNSET.—Subsection (a) shall cease to (B) by redesignating subparagraphs (A) utive agency under whose jurisdiction such offi- apply 2 years after the date of enactment of this through (F) as subparagraphs (B) through (G), cer or employee is serving, any of the functions Act. respectively; and specified in paragraph (1). (c) AUTHORITY OF THE SECRETARY OF STATE.— SEC. 425. EXPLOSIVE DETECTION SYSTEMS. (C) by inserting before subparagraph (B) (as (1) IN GENERAL.—Notwithstanding subsection Section 44901(d) of title 49, United States so redesignated) the following: (b), the Secretary of State may direct a consular Code, is amended by adding at the end the fol- ‘‘(A) The Secretary of Homeland Security, or officer to refuse a visa to an alien if the Sec- lowing: the Secretary’s designee.’’. retary of State deems such refusal necessary or HAIRPERSON.—Section 115(b)(2) of title 49, ‘‘(2) DEADLINE.— (3) C advisable in the foreign policy or security inter- United States Code, is amended by striking ‘‘(A) IN GENERAL.—If, in his discretion or at ests of the United States. the request of an airport, the Under Secretary of ‘‘Secretary of Transportation’’ and inserting (2) CONSTRUCTION REGARDING AUTHORITY.— Transportation for Security determines that the ‘‘Secretary of Homeland Security’’. Nothing in this section, consistent with the Sec- Transportation Security Administration is not (b) APPROVAL OF AIP GRANT APPLICATIONS retary of Homeland Security’s authority to able to deploy explosive detection systems re- FOR SECURITY ACTIVITIES.—Section 47106 of title refuse visas in accordance with law, shall be quired to be deployed under paragraph (1) at all 49, United States Code, is amended by adding at construed as affecting the authorities of the Sec- airports where explosive detection systems are the end the following: retary of State under the following provisions of required by December 31, 2002, then with respect ‘‘(g) CONSULTATION WITH SECRETARY OF law: to each airport for which the Under Secretary HOMELAND SECURITY.—The Secretary shall con- (A) Section 101(a)(15)(A) of the Immigration makes that determination— sult with the Secretary of Homeland Security and Nationality Act (8 U.S.C. 1101(a)(15)(A)). ‘‘(i) the Under Secretary shall submit to the before approving an application under this sub- (B) Section 204(d)(2) of the Immigration and Senate Committee on Commerce, Science, and chapter for an airport development project grant Nationality Act (8 U.S.C. 1154) (as it will take Transportation and the House of Representa- for activities described in section 47102(3)(B)(ii) effect upon the entry into force of the Conven- tives Committee on Transportation and Infra- only as they relate to security equipment or section on Protection of Children and Cooperation structure a detailed plan (which may be sub- tion 47102(3)(B)(x) only as they relate to instal- in Respect to Inter-Country adoption). mitted in classified form) for the deployment of lation of bulk explosive detection system.’’. (C) Section 212(a)(3)(B)(i)(IV)(bb) of the Immi- the number of explosive detection systems at SEC. 427. COORDINATION OF INFORMATION AND gration and Nationality Act (8 U.S.C. that airport necessary to meet the requirements INFORMATION TECHNOLOGY. 1182(a)(3)(B)(i)(IV)(bb)). of paragraph (1) as soon as practicable at that (a) DEFINITION OF AFFECTED AGENCY.—In this (D) Section 212(a)(3)(B)(i)(VI) of the Immigra- airport but in no event later than December 31, section, the term ‘‘affected agency’’ means— tion and Nationality Act (8 U.S.C. 2003; and (1) the Department; 1182(a)(3)(B)(i)(VI)). ‘‘(ii) the Under Secretary shall take all nec- (2) the Department of Agriculture; (E) Section 212(a)(3)(B)(vi)(II) of the Immigra- essary action to ensure that alternative means (3) the Department of Health and Human tion and Nationality Act (8 U.S.C. of screening all checked baggage is implemented Services; and 1182(a)(3)(B)(vi)(II)).

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.032 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9055 (F) Section 212(a)(3(C) of the Immigration and paragraph (1) that the assignment of an em- law, after the date of the enactment of this Act Nationality Act (8 U.S.C. 1182(a)(3)(C)). ployee of the Department at a particular diplo- all third party screening programs in Saudi Ara- (G) Section 212(a)(10)(C) of the Immigration matic post would not promote homeland secu- bia shall be terminated. On-site personnel of the and Nationality Act (8 U.S.C. 1182(a)(10)(C)). rity. Department of Homeland Security shall review (H) Section 212(f) of the Immigration and Na- (5) PERMANENT ASSIGNMENT; PARTICIPATION IN all visa applications prior to adjudication. tionality Act (8 U.S.C. 1182(f)). TERRORIST LOOKOUT COMMITTEE.—When appro- SEC. 429. INFORMATION ON VISA DENIALS RE- (I) Section 219(a) of the Immigration and Na- priate, employees of the Department assigned to QUIRED TO BE ENTERED INTO ELEC- tionality Act (8 U.S.C. 1189(a)). perform functions described in paragraph (2) TRONIC DATA SYSTEM. (J) Section 237(a)(4)(C) of the Immigration and may be assigned permanently to overseas diplo- (a) IN GENERAL.—Whenever a consular officer Nationality Act (8 U.S.C. 1227(a)(4)(C)). matic or consular posts with country-specific or of the United States denies a visa to an appli- (K) Section 401 of the Cuban Liberty and regional responsibility. If the Secretary so di- cant, the consular officer shall enter the fact Democratic Solidarity (LIBERTAD) Act of 1996 rects, any such employee, when present at an and the basis of the denial and the name of the (22 U.S.C. 6034; Public Law 104–114). overseas post, shall participate in the terrorist applicant into the interoperable electronic data (L) Section 613 of the Departments of Com- lookout committee established under section 304 system implemented under section 202(a) of the merce, Justice, and State, the Judiciary and Re- of the Enhanced Border Security and Visa Enhanced Border Security and Visa Entry Re- lated Agencies Appropriations Act, 1999 (as con- Entry Reform Act of 2002 (8 U.S.C. 1733). form Act of 2002 (8 U.S.C. 1722(a)). tained in section 101(b) of division A of Public (6) TRAINING AND HIRING.— (b) PROHIBITION.—In the case of any alien Law 105–277) (Omnibus Consolidated and Emer- (A) IN GENERAL.—The Secretary shall ensure, with respect to whom a visa has been denied gency Supplemental Appropriations Act, 1999); to the extent possible, that any employees of the under subsection (a)— 112 Stat. 2681; H.R. 4328 (originally H.R. 4276) Department assigned to perform functions under (1) no subsequent visa may be issued to the as amended by section 617 of Public Law 106– paragraph (2) and, as appropriate, consular of- alien unless the consular officer considering the 553. ficers, shall be provided the necessary training alien’s visa application has reviewed the infor- (M) Section 103(f) of the Chemical Weapon to enable them to carry out such functions, in- mation concerning the alien placed in the inter- Convention Implementation Act of 1998 (112 cluding training in foreign languages, interview operable electronic data system, has indicated Stat. 2681–865). techniques, and fraud detection techniques, in on the alien’s application that the information (N) Section 801 of H.R. 3427, the Admiral conditions in the particular country where each has been reviewed, and has stated for the record James W. Nance and Meg Donovan Foreign Re- employee is assigned, and in other appropriate why the visa is being issued or a waiver of visa lations Authorization Act, Fiscal Years 2000 and areas of study. ineligibility recommended in spite of that infor- 2001, as enacted by reference in Public Law 106– (B) USE OF CENTER.—The Secretary is author- mation; and 113. ized to use the National Foreign Affairs Train- (2) the alien may not be admitted to the (O) Section 568 of the Foreign Operations, Ex- ing Center, on a reimbursable basis, to obtain United States without a visa issued in accord- port Financing, and Related Programs Appro- the training described in subparagraph (A). ance with the procedures described in para- priations Act, 2002 (Public Law 107–115). (7) REPORT.—Not later than 1 year after the graph (1). (P) Section 51 of the State Department Basic date of enactment of this Act, the Secretary and SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS. Authorities Act of 1956 (22 U.S.C. 2723). the Secretary of State shall submit to Congress— (a) IN GENERAL.—The Office for Domestic Pre- (d) CONSULAR OFFICERS AND CHIEFS OF MIS- (A) a report on the implementation of this paredness shall be within the Directorate of SIONS.— subsection; and Border and Transportation Security. (1) IN GENERAL.—Nothing in this section may (B) any legislative proposals necessary to fur- (b) DIRECTOR.—There shall be a Director of be construed to alter or affect— ther the objectives of this subsection. the Office for Domestic Preparedness, who shall (A) the employment status of consular officers (8) EFFECTIVE DATE.—This subsection shall as employees of the Department of State; or take effect on the earlier of— be appointed by the President, by and with the (B) the authority of a chief of mission under (A) the date on which the President publishes advice and consent of the Senate. The Director section 207 of the Foreign Service Act of 1980 (22 notice in the Federal Register that the President of the Office for Domestic Preparedness shall re- U.S.C. 3927). has submitted a report to Congress setting forth port directly to the Under Secretary for Border (2) CONSTRUCTION REGARDING DELEGATION OF a memorandum of understanding between the and Transportation Security. AUTHORITY.—Nothing in this section shall be Secretary and the Secretary of State governing (c) RESPONSIBILITIES.—The Office for Domes- construed to affect any delegation of authority the implementation of this section; or tic Preparedness shall have the primary respon- to the Secretary of State by the President pursu- (B) the date occurring 1 year after the date of sibility within the executive branch of Govern- ant to any proclamation issued under section enactment of this Act. ment for the preparedness of the United States 212(f) of the Immigration and Nationality Act (8 (f) NO CREATION OF PRIVATE RIGHT OF AC- for acts of terrorism, including— U.S.C. 1182(f)), consistent with the Secretary of TION.—Nothing in this section shall be con- (1) coordinating preparedness efforts at the Homeland Security’s authority to refuse visas in strued to create or authorize a private right of Federal level, and working with all State, local, accordance with law. action to challenge a decision of a consular offi- tribal, parish, and private sector emergency re- (e) ASSIGNMENT OF HOMELAND SECURITY EM- cer or other United States official or employee to sponse providers on all matters pertaining to PLOYEES TO DIPLOMATIC AND CONSULAR grant or deny a visa. combating terrorism, including training, exer- POSTS.— (g) STUDY REGARDING USE OF FOREIGN NA- cises, and equipment support; (1) IN GENERAL.—The Secretary is authorized TIONALS.— (2) coordinating or, as appropriate, consoli- to assign employees of the Department to each (1) IN GENERAL.—The Secretary of Homeland dating communications and systems of commu- diplomatic and consular post at which visas are Security shall conduct a study of the role of for- nications relating to homeland security at all issued, unless the Secretary determines that eign nationals in the granting or refusal of visas levels of government; such an assignment at a particular post would and other documents authorizing entry of aliens (3) directing and supervising terrorism pre- not promote homeland security. into the United States. The study shall address paredness grant programs of the Federal Gov- (2) FUNCTIONS.—Employees assigned under the following: ernment (other than those programs adminis- paragraph (1) shall perform the following func- (A) The proper role, if any, of foreign nation- tered by the Department of Health and Human tions: als in the process of rendering decisions on such Services) for all emergency response providers; (A) Provide expert advice and training to con- grants and refusals. (4) incorporating the Strategy priorities into sular officers regarding specific security threats (B) Any security concerns involving the em- planning guidance on an agency level for the relating to the adjudication of individual visa ployment of foreign nationals. preparedness efforts of the Office for Domestic applications or classes of applications. (C) Whether there are cost-effective alter- Preparedness; (B) Review any such applications, either on natives to the use of foreign nationals. (5) providing agency-specific training for the initiative of the employee of the Department (2) REPORT.—Not later than 1 year after the agents and analysts within the Department, or upon request by a consular officer or other date of the enactment of this Act, the Secretary other agencies, and State and local agencies and person charged with adjudicating such applica- shall submit a report containing the findings of international entities; tions. the study conducted under paragraph (1) to the (6) as the lead executive branch agency for (C) Conduct investigations with respect to Committee on the Judiciary, the Committee on preparedness of the United States for acts of ter- consular matters under the jurisdiction of the International Relations, and the Committee on rorism, cooperating closely with the Federal Secretary. Government Reform of the House of Representa- Emergency Management Agency, which shall (3) EVALUATION OF CONSULAR OFFICERS.—The tives, and the Committee on the Judiciary, the have the primary responsibility within the exec- Secretary of State shall evaluate, in consulta- Committee on Foreign Relations, and the Com- utive branch to prepare for and mitigate the ef- tion with the Secretary, as deemed appropriate mittee on Government Affairs of the Senate. fects of nonterrorist-related disasters in the by the Secretary, the performance of consular (h) REPORT.—Not later than 120 days after the United States; officers with respect to the processing and adju- date of the enactment of this Act, the Director (7) assisting and supporting the Secretary, in dication of applications for visas in accordance of the Office of Science and Technology Policy coordination with other Directorates and enti- with performance standards developed by the shall submit to Congress a report on how the ties outside the Department, in conducting ap- Secretary for these procedures. provisions of this section will affect procedures propriate risk analysis and risk management ac- (4) REPORT.—The Secretary shall, on an an- for the issuance of student visas. tivities of State, local, and tribal governments nual basis, submit a report to Congress that de- (i) VISA ISSUANCE PROGRAM FOR SAUDI ARA- consistent with the mission and functions of the scribes the basis for each determination under BIA.—Notwithstanding any other provision of Directorate; and

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.032 H22PT1 H9056 CONGRESSIONAL RECORD — HOUSE November 22, 2002 (8) those elements of the Office of National specified under section 441 takes effect, the As- heads of State and local law enforcement agen- Preparedness of the Federal Emergency Man- sistant Secretary of the Bureau of Border Secu- cies to determine how to most effectively con- agement Agency which relate to terrorism, rity shall design and implement a managerial duct enforcement operations. which shall be consolidated within the Depart- rotation program under which employees of SEC. 446. SENSE OF CONGRESS REGARDING CON- ment in the Office for Domestic Preparedness es- such bureau holding positions involving super- STRUCTION OF FENCING NEAR SAN tablished under this section. visory or managerial responsibility and classi- DIEGO, CALIFORNIA. (d) FISCAL YEARS 2003 and 2004.—During fis- fied, in accordance with chapter 51 of title 5, It is the sense of the Congress that completing cal year 2003 and fiscal year 2004, the Director United States Code, as a GS–14 or above, shall— the 14-mile border fence project required to be of the Office for Domestic Preparedness estab- (i) gain some experience in all the major func- carried out under section 102(b) of the Illegal lished under this section shall manage and tions performed by such bureau; and Immigration Reform and Immigrant Responsi- carry out those functions of the Office for Do- (ii) work in at least one local office of such bility Act of 1996 (8 U.S.C. 1103 note) should be mestic Preparedness of the Department of Jus- bureau. a priority for the Secretary. tice (transferred under this section) before Sep- (B) REPORT.—Not later than 2 years after the Subtitle E—Citizenship and Immigration tember 11, 2001, under the same terms, condi- date on which the transfer of functions specified Services tions, policies, and authorities, and with the re- under section 441 takes effect, the Secretary SEC. 451. ESTABLISHMENT OF BUREAU OF CITI- quired level of personnel, assets, and budget be- shall submit a report to the Congress on the im- ZENSHIP AND IMMIGRATION SERV- fore September 11, 2001. plementation of such program. ICES. Subtitle D—Immigration Enforcement (b) CHIEF OF POLICY AND STRATEGY.— (a) ESTABLISHMENT OF BUREAU.— Functions (1) IN GENERAL.—There shall be a position of (1) IN GENERAL.—There shall be in the Depart- Chief of Policy and Strategy for the Bureau of ment a bureau to be known as the ‘‘Bureau of SEC. 441. TRANSFER OF FUNCTIONS TO UNDER Citizenship and Immigration Services’’. SECRETARY FOR BORDER AND Border Security. (2) DIRECTOR.—The head of the Bureau of TRANSPORTATION SECURITY. (2) FUNCTIONS.—In consultation with Bureau Citizenship and Immigration Services shall be In accordance with title XV (relating to tran- of Border Security personnel in local offices, the the Director of the Bureau of Citizenship and sition provisions), there shall be transferred Chief of Policy and Strategy shall be responsible Immigration Services, who— from the Commissioner of Immigration and Nat- for— (A) shall report directly to the Deputy Sec- uralization to the Under Secretary for Border (A) making policy recommendations and performing policy research and analysis on immi- retary; and Transportation Security all functions per- (B) shall have a minimum of 5 years of man- formed under the following programs, and all gration enforcement issues; and (B) coordinating immigration policy issues agement experience; and personnel, assets, and liabilities pertaining to (C) shall be paid at the same level as the As- with the Chief of Policy and Strategy for the such programs, immediately before such transfer sistant Secretary of the Bureau of Border Secu- Bureau of Citizenship and Immigration Services occurs: rity. (established under subtitle E), as appropriate. (1) The Border Patrol program. (3) FUNCTIONS.—The Director of the Bureau of (2) The detention and removal program. (c) LEGAL ADVISOR.—There shall be a prin- Citizenship and Immigration Services— (3) The intelligence program. cipal legal advisor to the Assistant Secretary of (A) shall establish the policies for performing (4) The investigations program. the Bureau of Border Security. The legal advi- such functions as are transferred to the Director (5) The inspections program. sor shall provide specialized legal advice to the by this section or this Act or otherwise vested in SEC. 442. ESTABLISHMENT OF BUREAU OF BOR- Assistant Secretary of the Bureau of Border Se- the Director by law; DER SECURITY. curity and shall represent the bureau in all ex- (B) shall oversee the administration of such (a) ESTABLISHMENT OF BUREAU.— clusion, deportation, and removal proceedings policies; (1) IN GENERAL.—There shall be in the Depart- before the Executive Office for Immigration Re- (C) shall advise the Deputy Secretary with re- ment of Homeland Security a bureau to be view. spect to any policy or operation of the Bureau known as the ‘‘Bureau of Border Security’’. SEC. 443. PROFESSIONAL RESPONSIBILITY AND of Citizenship and Immigration Services that (2) ASSISTANT SECRETARY.—The head of the QUALITY REVIEW. may affect the Bureau of Border Security of the Bureau of Border Security shall be the Assistant The Under Secretary for Border and Trans- Department, including potentially conflicting Secretary of the Bureau of Border Security, portation Security shall be responsible for— policies or operations; who— (1) conducting investigations of noncriminal (D) shall establish national immigration serv- (A) shall report directly to the Under Sec- allegations of misconduct, corruption, and fraud ices policies and priorities; retary for Border and Transportation Security; involving any employee of the Bureau of Border (E) shall meet regularly with the Ombudsman and Security that are not subject to investigation by described in section 452 to correct serious service (B) shall have a minimum of 5 years profes- the Inspector General for the Department; problems identified by the Ombudsman; and sional experience in law enforcement, and a (2) inspecting the operations of the Bureau of (F) shall establish procedures requiring a for- minimum of 5 years of management experience. Border Security and providing assessments of mal response to any recommendations submitted (3) FUNCTIONS.—The Assistant Secretary of the quality of the operations of such bureau as in the Ombudsman’s annual report to Congress the Bureau of Border Security— a whole and each of its components; and within 3 months after its submission to Con- (A) shall establish the policies for performing (3) providing an analysis of the management gress. such functions as are— of the Bureau of Border Security. (4) MANAGERIAL ROTATION PROGRAM.— (i) transferred to the Under Secretary for Bor- (A) IN GENERAL.—Not later than 1 year after SEC. 444. EMPLOYEE DISCIPLINE. der and Transportation Security by section 441 the effective date specified in section 455, the Di- The Under Secretary for Border and Trans- and delegated to the Assistant Secretary by the rector of the Bureau of Citizenship and Immi- portation Security may, notwithstanding any Under Secretary for Border and Transportation gration Services shall design and implement a other provision of law, impose disciplinary ac- Security; or managerial rotation program under which em- tion, including termination of employment, pur- (ii) otherwise vested in the Assistant Secretary ployees of such bureau holding positions involv- suant to policies and procedures applicable to by law; ing supervisory or managerial responsibility and employees of the Federal Bureau of Investiga- (B) shall oversee the administration of such classified, in accordance with chapter 51 of title tion, on any employee of the Bureau of Border policies; and 5, United States Code, as a GS–14 or above, Security who willfully deceives the Congress or (C) shall advise the Under Secretary for Bor- shall— der and Transportation Security with respect to agency leadership on any matter. (i) gain some experience in all the major func- any policy or operation of the Bureau of Border SEC. 445. REPORT ON IMPROVING ENFORCEMENT tions performed by such bureau; and Security that may affect the Bureau of Citizen- FUNCTIONS. (ii) work in at least one field office and one ship and Immigration Services established under (a) IN GENERAL.—The Secretary, not later service center of such bureau. subtitle E, including potentially conflicting poli- than 1 year after being sworn into office, shall (B) REPORT.—Not later than 2 years after the cies or operations. submit to the Committees on Appropriations and effective date specified in section 455, the Sec- (4) PROGRAM TO COLLECT INFORMATION RELAT- the Judiciary of the House of Representatives retary shall submit a report to Congress on the ING TO FOREIGN STUDENTS.—The Assistant Sec- and of the Senate a report with a plan detailing implementation of such program. retary of the Bureau of Border Security shall be how the Bureau of Border Security, after the (5) PILOT INITIATIVES FOR BACKLOG ELIMI- responsible for administering the program to col- transfer of functions specified under section 441 NATION.—The Director of the Bureau of Citizen- lect information relating to nonimmigrant for- takes effect, will enforce comprehensively, effec- ship and Immigration Services is authorized to eign students and other exchange program par- tively, and fairly all the enforcement provisions implement innovative pilot initiatives to elimi- ticipants described in section 641 of the Illegal of the Immigration and Nationality Act (8 nate any remaining backlog in the processing of Immigration Reform and Immigrant Responsi- U.S.C. 1101 et seq.) relating to such functions. immigration benefit applications, and to prevent bility Act of 1996 (8 U.S.C. 1372), including the (b) CONSULTATION.—In carrying out sub- any backlog in the processing of such applica- Student and Exchange Visitor Information Sys- section (a), the Secretary of Homeland Security tions from recurring, in accordance with section tem established under that section, and shall shall consult with the Attorney General, the 204(a) of the Immigration Services and Infra- use such information to carry out the enforce- Secretary of State, the Director of the Federal structure Improvements Act of 2000 (8 U.S.C. ment functions of the Bureau. Bureau of Investigation, the Secretary of the 1573(a)). Such initiatives may include measures (5) MANAGERIAL ROTATION PROGRAM.— Treasury, the Secretary of Labor, the Commis- such as increasing personnel, transferring per- (A) IN GENERAL.—Not later than 1 year after sioner of Social Security, the Director of the Ex- sonnel to focus on areas with the largest poten- the date on which the transfer of functions ecutive Office for Immigration Review, and the tial for backlog, and streamlining paperwork.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00020 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.032 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9057

(b) TRANSFER OF FUNCTIONS FROM COMMIS- (1) to assist individuals and employers in re- (B) to evaluate and take personnel actions SIONER.—In accordance with title XV (relating solving problems with the Bureau of Citizenship (including dismissal) with respect to any em- to transition provisions), there are transferred and Immigration Services; ployee of any local office of the Ombudsman. from the Commissioner of Immigration and Nat- (2) to identify areas in which individuals and (2) CONSULTATION.—The Ombudsman may uralization to the Director of the Bureau of Citi- employers have problems in dealing with the consult with the appropriate supervisory per- zenship and Immigration Services the following Bureau of Citizenship and Immigration Services; sonnel of the Bureau of Citizenship and Immi- functions, and all personnel, infrastructure, and gration Services in carrying out the Ombuds- and funding provided to the Commissioner in (3) to the extent possible, to propose changes man’s responsibilities under this subsection. support of such functions immediately before in the administrative practices of the Bureau of (f) RESPONSIBILITIES OF BUREAU OF CITIZEN- the effective date specified in section 455: Citizenship and Immigration Services to mitigate SHIP AND IMMIGRATION SERVICES.—The Director (1) Adjudications of immigrant visa petitions. problems identified under paragraph (2). of the Bureau of Citizenship and Immigration (2) Adjudications of naturalization petitions. (c) ANNUAL REPORTS.— Services shall establish procedures requiring a (3) Adjudications of asylum and refugee appli- (1) OBJECTIVES.—Not later than June 30 of formal response to all recommendations sub- cations. each calendar year, the Ombudsman shall re- mitted to such director by the Ombudsman with- (4) Adjudications performed at service centers. port to the Committee on the Judiciary of the in 3 months after submission to such director. (5) All other adjudications performed by the House of Representatives and the Senate on the (g) OPERATION OF LOCAL OFFICES.— Immigration and Naturalization Service imme- objectives of the Office of the Ombudsman for (1) IN GENERAL.—Each local ombudsman— (A) shall report to the Ombudsman or the del- diately before the effective date specified in sec- the fiscal year beginning in such calendar year. Any such report shall contain full and sub- egate thereof; tion 455. (B) may consult with the appropriate super- (c) CHIEF OF POLICY AND STRATEGY.— stantive analysis, in addition to statistical infor- visory personnel of the Bureau of Citizenship (1) IN GENERAL.—There shall be a position of mation, and— and Immigration Services regarding the daily Chief of Policy and Strategy for the Bureau of (A) shall identify the recommendations the Office of the Ombudsman has made on improv- operation of the local office of such ombudsman; Citizenship and Immigration Services. ing services and responsiveness of the Bureau of (C) shall, at the initial meeting with any indi- (2) FUNCTIONS.—In consultation with Bureau vidual or employer seeking the assistance of of Citizenship and Immigration Services per- Citizenship and Immigration Services; (B) shall contain a summary of the most per- such local office, notify such individual or em- sonnel in field offices, the Chief of Policy and vasive and serious problems encountered by in- ployer that the local offices of the Ombudsman Strategy shall be responsible for— dividuals and employers, including a description operate independently of any other component (A) making policy recommendations and per- of the nature of such problems; of the Department and report directly to Con- forming policy research and analysis on immi- (C) shall contain an inventory of the items de- gress through the Ombudsman; and gration services issues; and scribed in subparagraphs (A) and (B) for which (D) at the local ombudsman’s discretion, may (B) coordinating immigration policy issues action has been taken and the result of such ac- determine not to disclose to the Bureau of Citi- with the Chief of Policy and Strategy for the tion; zenship and Immigration Services contact with, Bureau of Border Security of the Department. (D) shall contain an inventory of the items de- or information provided by, such individual or (d) LEGAL ADVISOR.— scribed in subparagraphs (A) and (B) for which employer. N GENERAL (1) I .—There shall be a principal action remains to be completed and the period (2) MAINTENANCE OF INDEPENDENT COMMU- legal advisor to the Director of the Bureau of during which each item has remained on such NICATIONS.—Each local office of the Ombuds- Citizenship and Immigration Services. inventory; man shall maintain a phone, facsimile, and (2) FUNCTIONS.—The legal advisor shall be re- (E) shall contain an inventory of the items de- other means of electronic communication access, sponsible for— scribed in subparagraphs (A) and (B) for which and a post office address, that is separate from (A) providing specialized legal advice, opin- no action has been taken, the period during those maintained by the Bureau of Citizenship ions, determinations, regulations, and any other which each item has remained on such inven- and Immigration Services, or any component of assistance to the Director of the Bureau of Citi- tory, the reasons for the inaction, and shall the Bureau of Citizenship and Immigration zenship and Immigration Services with respect identify any official of the Bureau of Citizen- Services. to legal matters affecting the Bureau of Citizen- ship and Immigration Services who is respon- SEC. 453. PROFESSIONAL RESPONSIBILITY AND ship and Immigration Services; and sible for such inaction; QUALITY REVIEW. (B) representing the Bureau of Citizenship (F) shall contain recommendations for such (a) IN GENERAL.—The Director of the Bureau and Immigration Services in visa petition appeal administrative action as may be appropriate to of Citizenship and Immigration Services shall be proceedings before the Executive Office for Im- resolve problems encountered by individuals and responsible for— migration Review. employers, including problems created by exces- (1) conducting investigations of noncriminal (e) BUDGET OFFICER.— sive backlogs in the adjudication and processing allegations of misconduct, corruption, and fraud (1) IN GENERAL.—There shall be a Budget Of- of immigration benefit petitions and applica- involving any employee of the Bureau of Citi- ficer for the Bureau of Citizenship and Immigra- tions; and zenship and Immigration Services that are not tion Services. (G) shall include such other information as subject to investigation by the Inspector General (2) FUNCTIONS.— the Ombudsman may deem advisable. for the Department; (A) IN GENERAL.—The Budget Officer shall be (2) REPORT TO BE SUBMITTED DIRECTLY.— (2) inspecting the operations of the Bureau of responsible for— Each report required under this subsection shall Citizenship and Immigration Services and pro- (i) formulating and executing the budget of be provided directly to the committees described viding assessments of the quality of the oper- the Bureau of Citizenship and Immigration in paragraph (1) without any prior comment or ations of such bureau as a whole and each of its amendment from the Secretary, Deputy Sec- Services; components; and (ii) financial management of the Bureau of retary, Director of the Bureau of Citizenship (3) providing an analysis of the management Citizenship and Immigration Services; and and Immigration Services, or any other officer of the Bureau of Citizenship and Immigration (iii) collecting all payments, fines, and other or employee of the Department or the Office of Services. debts for the Bureau of Citizenship and Immi- Management and Budget. (b) SPECIAL CONSIDERATIONS.—In providing gration Services. (d) OTHER RESPONSIBILITIES.—The Ombuds- assessments in accordance with subsection (a)(2) (f) CHIEF OF OFFICE OF CITIZENSHIP.— man— with respect to a decision of the Bureau of Citi- (1) shall monitor the coverage and geographic (1) IN GENERAL.—There shall be a position of zenship and Immigration Services, or any of its Chief of the Office of Citizenship for the Bureau allocation of local offices of the Ombudsman; (2) shall develop guidance to be distributed to components, consideration shall be given to— of Citizenship and Immigration Services. (1) the accuracy of the findings of fact and all officers and employees of the Bureau of Citi- (2) FUNCTIONS.—The Chief of the Office of conclusions of law used in rendering the deci- zenship and Immigration Services outlining the Citizenship for the Bureau of Citizenship and sion; criteria for referral of inquiries to local offices of Immigration Services shall be responsible for (2) any fraud or misrepresentation associated promoting instruction and training on citizen- the Ombudsman; (3) shall ensure that the local telephone num- with the decision; and ship responsibilities for aliens interested in be- (3) the efficiency with which the decision was ber for each local office of the Ombudsman is coming naturalized citizens of the United States, rendered. published and available to individuals and em- including the development of educational mate- SEC. 454. EMPLOYEE DISCIPLINE. ployers served by the office; and rials. (4) shall meet regularly with the Director of The Director of the Bureau of Citizenship and SEC. 452. CITIZENSHIP AND IMMIGRATION SERV- the Bureau of Citizenship and Immigration Immigration Services may, notwithstanding any ICES OMBUDSMAN. Services to identify serious service problems and other provision of law, impose disciplinary ac- (a) IN GENERAL.—Within the Department, to present recommendations for such adminis- tion, including termination of employment, pur- there shall be a position of Citizenship and Im- trative action as may be appropriate to resolve suant to policies and procedures applicable to migration Services Ombudsman (in this section problems encountered by individuals and em- employees of the Federal Bureau of Investiga- referred to as the ‘‘Ombudsman’’). The Ombuds- ployers. tion, on any employee of the Bureau of Citizen- man shall report directly to the Deputy Sec- (e) PERSONNEL ACTIONS.— ship and Immigration Services who willfully de- retary. The Ombudsman shall have a back- (1) IN GENERAL.—The Ombudsman shall have ceives Congress or agency leadership on any ground in customer service as well as immigra- the responsibility and authority— matter. tion law. (A) to appoint local ombudsmen and make SEC. 455. EFFECTIVE DATE. (b) FUNCTIONS.—It shall be the function of the available at least 1 such ombudsman for each Notwithstanding section 4, sections 451 Ombudsman— State; and through 456, and the amendments made by such

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00021 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.033 H22PT1 H9058 CONGRESSIONAL RECORD — HOUSE November 22, 2002 sections, shall take effect on the date on which of Citizenship and Immigration Services, the re- tablishing and implementing the system in an the transfer of functions specified under section port shall include the following: expeditious manner, and representatives of per- 441 takes effect. (1) Any potential savings of resources that sons who may use the tracking system described SEC. 456. TRANSITION. may be implemented without affecting the qual- in subsection (a) and the online filing system (a) REFERENCES.—With respect to any func- ity of the adjudication. described in subsection (b)(1). tion transferred by this subtitle to, and exercised (2) The goal for processing time with respect SEC. 462. CHILDREN’S AFFAIRS. on or after the effective date specified in section to the application. (a) TRANSFER OF FUNCTIONS.—There are 455 by, the Director of the Bureau of Citizenship (3) Any statutory modifications with respect transferred to the Director of the Office of Ref- and Immigration Services, any reference in any to the adjudication that the Secretary considers ugee Resettlement of the Department of Health other Federal law, Executive order, rule, regula- advisable. and Human Services functions under the immi- tion, or delegation of authority, or any docu- (c) CONSULTATION.—In carrying out sub- gration laws of the United States with respect to ment of or pertaining to a component of govern- section (a), the Secretary shall consult with the the care of unaccompanied alien children that ment from which such function is transferred— Secretary of State, the Secretary of Labor, the were vested by statute in, or performed by, the (1) to the head of such component is deemed Assistant Secretary of the Bureau of Border Se- Commissioner of Immigration and Naturaliza- to refer to the Director of the Bureau of Citizen- curity of the Department, and the Director of tion (or any officer, employee, or component of ship and Immigration Services; or the Executive Office for Immigration Review to the Immigration and Naturalization Service) im- (2) to such component is deemed to refer to the determine how to streamline and improve the mediately before the effective date specified in Bureau of Citizenship and Immigration Services. process for applying for and making adjudica- subsection (d). (b) OTHER TRANSITION ISSUES.— tions described in section 451(b) and related (b) FUNCTIONS.— (1) EXERCISE OF AUTHORITIES.—Except as oth- processes. (1) IN GENERAL.—Pursuant to the transfer erwise provided by law, a Federal official to SEC. 460. REPORT ON RESPONDING TO FLUC- made by subsection (a), the Director of the Of- whom a function is transferred by this subtitle TUATING NEEDS. fice of Refugee Resettlement shall be responsible may, for purposes of performing the function, Not later than 30 days after the date of the for— exercise all authorities under any other provi- enactment of this Act, the Attorney General (A) coordinating and implementing the care sion of law that were available with respect to shall submit to Congress a report on changes in and placement of unaccompanied alien children the performance of that function to the official law, including changes in authorizations of ap- who are in Federal custody by reason of their responsible for the performance of the function propriations and in appropriations, that are immigration status, including developing a plan immediately before the effective date specified in needed to permit the Immigration and Natu- to be submitted to Congress on how to ensure section 455. ralization Service, and, after the transfer of that qualified and independent legal counsel is (2) TRANSFER AND ALLOCATION OF APPROPRIA- functions specified in this subtitle takes effect, timely appointed to represent the interests of TIONS AND PERSONNEL.—The personnel of the the Bureau of Citizenship and Immigration each such child, consistent with the law regard- Department of Justice employed in connection Services of the Department, to ensure a prompt ing appointment of counsel that is in effect on with the functions transferred by this subtitle and timely response to emergent, unforeseen, or the date of the enactment of this Act; (B) ensuring that the interests of the child are (and functions that the Secretary determines are impending changes in the number of applica- considered in decisions and actions relating to properly related to the functions of the Bureau tions for immigration benefits, and otherwise to the care and custody of an unaccompanied alien of Citizenship and Immigration Services), and ensure the accommodation of changing immigra- the assets, liabilities, contracts, property, child; tion service needs. (C) making placement determinations for all records, and unexpended balance of appropria- SEC. 461. APPLICATION OF INTERNET-BASED tions, authorizations, allocations, and other unaccompanied alien children who are in Fed- TECHNOLOGIES. eral custody by reason of their immigration sta- funds employed, held, used, arising from, avail- (a) ESTABLISHMENT OF TRACKING SYSTEM.— able to, or to be made available to, the Immigra- tus; The Secretary, not later than 1 year after the ef- (D) implementing the placement determination and Naturalization Service in connection fective date of this Act, in consultation with the tions; with the functions transferred by this subtitle, Technology Advisory Committee established (E) implementing policies with respect to the subject to section 202 of the Budget and Ac- under subsection (c), shall establish an Internet- care and placement of unaccompanied alien counting Procedures Act of 1950, shall be trans- based system, that will permit a person, em- children; ferred to the Director of the Bureau of Citizen- ployer, immigrant, or nonimmigrant who has fil- (F) identifying a sufficient number of quali- ship and Immigration Services for allocation to ings with the Secretary for any benefit under fied individuals, entities, and facilities to house the appropriate component of the Department. the Immigration and Nationality Act (8 U.S.C. unaccompanied alien children; Unexpended funds transferred pursuant to this 1101 et seq.), access to online information about (G) overseeing the infrastructure and per- paragraph shall be used only for the purposes the processing status of the filing involved. sonnel of facilities in which unaccompanied for which the funds were originally authorized (b) FEASIBILITY STUDY FOR ONLINE FILING alien children reside; and appropriated. The Secretary shall have the AND IMPROVED PROCESSING.— (H) reuniting unaccompanied alien children right to adjust or realign transfers of funds and (1) ONLINE FILING.—The Secretary, in con- with a parent abroad in appropriate cases; personnel effected pursuant to this subtitle for a sultation with the Technology Advisory Com- (I) compiling, updating, and publishing at period of 2 years after the effective date speci- mittee established under subsection (c), shall least annually a state-by-state list of profes- fied in section 455. conduct a feasibility study on the online filing sionals or other entities qualified to provide SEC. 457. FUNDING FOR CITIZENSHIP AND IMMI- of the filings described in subsection (a). The guardian and attorney representation services GRATION SERVICES. study shall include a review of computerization for unaccompanied alien children; Section 286(m) of the Immigration and Nation- and technology of the Immigration and Natu- (J) maintaining statistical information and ality Act (8 U.S.C. 1356(m)) is amended by strik- ralization Service relating to the immigration other data on unaccompanied alien children for ing ‘‘services, including the costs of similar serv- services and processing of filings related to im- whose care and placement the Director is re- ices provided without charge to asylum appli- migrant services. The study shall also include sponsible, which shall include— cants or other immigrants.’’ and inserting an estimate of the timeframe and cost and shall (i) biographical information, such as a child’s ‘‘services.’’. consider other factors in implementing such a name, gender, date of birth, country of birth, SEC. 458. BACKLOG ELIMINATION. filing system, including the feasibility of fee and country of habitual residence; (ii) the date on which the child came into Fed- Section 204(a)(1) of the Immigration Services payment online. eral custody by reason of his or her immigration and Infrastructure Improvements Act of 2000 (8 (2) REPORT.—A report on the study under this status; U.S.C. 1573(a)(1)) is amended by striking ‘‘not subsection shall be submitted to the Committees (iii) information relating to the child’s place- later than one year after the date of enactment on the Judiciary of the House of Representatives ment, removal, or release from each facility in of this Act;’’ and inserting ‘‘1 year after the and the Senate not later than 1 year after the which the child has resided; date of the enactment of the Homeland Security effective date of this Act. (iv) in any case in which the child is placed Act of 2002;’’. (c) TECHNOLOGY ADVISORY COMMITTEE.— in detention or released, an explanation relating SEC. 459. REPORT ON IMPROVING IMMIGRATION (1) ESTABLISHMENT.—The Secretary shall es- to the detention or release; and SERVICES. tablish, not later than 60 days after the effective (v) the disposition of any actions in which the (a) IN GENERAL.—The Secretary, not later date of this Act, an advisory committee (in this child is the subject; than 1 year after the effective date of this Act, section referred to as the ‘‘Technology Advisory (K) collecting and compiling statistical infor- shall submit to the Committees on the Judiciary Committee’’) to assist the Secretary in— mation from the Department of Justice, the De- and Appropriations of the House of Representa- (A) establishing the tracking system under partment of Homeland Security, and the De- tives and of the Senate a report with a plan de- subsection (a); and partment of State on each department’s actions tailing how the Bureau of Citizenship and Im- (B) conducting the study under subsection (b). relating to unaccompanied alien children; and migration Services, after the transfer of func- The Technology Advisory Committee shall be es- (L) conducting investigations and inspections tions specified in this subtitle takes effect, will tablished after consultation with the Committees of facilities and other entities in which unac- complete efficiently, fairly, and within a reason- on the Judiciary of the House of Representatives companied alien children reside. able time, the adjudications described in para- and the Senate. (2) COORDINATION WITH OTHER ENTITIES; NO graphs (1) through (5) of section 451(b). (2) COMPOSITION.—The Technology Advisory RELEASE ON OWN RECOGNIZANCE.—In making de- (b) CONTENTS.—For each type of adjudication Committee shall be composed of representatives terminations described in paragraph (1)(C), the to be undertaken by the Director of the Bureau from high technology companies capable of es- Director of the Office of Refugee Resettlement—

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(A) shall consult with appropriate juvenile (g) DEFINITIONS.—As used in this section— (1) shall be paid to the employee, in a lump justice professionals, the Director of the Bureau (1) the term ‘‘placement’’ means the placement sum, after the employee has separated from of Citizenship and Immigration Services, and of an unaccompanied alien child in either a de- service; the Assistant Secretary of the Bureau of Border tention facility or an alternative to such a facil- (2) shall be paid from appropriations or funds Security to ensure that such determinations en- ity; and available for the payment of basic pay of the sure that unaccompanied alien children de- (2) the term ‘‘unaccompanied alien child’’ employee; scribed in such subparagraph— means a child who— (3) shall be equal to the lesser of— (i) are likely to appear for all hearings or pro- (A) has no lawful immigration status in the (A) the amount the employee would be enti- ceedings in which they are involved; United States; tled to receive under section 5595(c) of title 5, (ii) are protected from smugglers, traffickers, (B) has not attained 18 years of age; and United States Code; or or others who might seek to victimize or other- (C) with respect to whom— (B) an amount not to exceed $25,000, as deter- wise engage them in criminal, harmful, or (i) there is no parent or legal guardian in the mined by the Attorney General or the Secretary; exploitive activity; and United States; or (4) may not be made except in the case of any (iii) are placed in a setting in which they not (ii) no parent or legal guardian in the United qualifying employee who voluntarily separates likely to pose a danger to themselves or others; States is available to provide care and physical (whether by retirement or resignation) before and custody. the end of— (B) shall not release such children upon their Subtitle F—General Immigration Provisions (A) the 3-month period beginning on the date own recognizance. on which such payment is offered or made avail- SEC. 471. ABOLISHMENT OF INS. (3) DUTIES WITH RESPECT TO FOSTER CARE.—In able to such employee; or carrying out the duties described in paragraph (a) IN GENERAL.—Upon completion of all (B) the 3-year period beginning on the date of (1)(G), the Director of the Office of Refugee Re- transfers from the Immigration and Naturaliza- the enactment of this Act, settlement is encouraged to use the refugee chil- tion Service as provided for by this Act, the Im- whichever occurs first; dren foster care system established pursuant to migration and Naturalization Service of the De- (5) shall not be a basis for payment, and shall section 412(d) of the Immigration and Nation- partment of Justice is abolished. not be included in the computation, of any ality Act (8 U.S.C. 1522(d)) for the placement of (b) PROHIBITION.—The authority provided by other type of Government benefit; and unaccompanied alien children. section 1502 may be used to reorganize functions (6) shall not be taken into account in deter- (c) RULE OF CONSTRUCTION.—Nothing in this or organizational units within the Bureau of mining the amount of any severance pay to section may be construed to transfer the respon- Border Security or the Bureau of Citizenship which the employee may be entitled under sec- sibility for adjudicating benefit determinations and Immigration Services, but may not be used tion 5595 of title 5, United States Code, based on under the Immigration and Nationality Act (8 to recombine the two bureaus into a single agen- any other separation. U.S.C. 1101 et seq.) from the authority of any of- cy or otherwise to combine, join, or consolidate (d) ADDITIONAL AGENCY CONTRIBUTIONS TO ficial of the Department of Justice, the Depart- functions or organizational units of the two bu- THE RETIREMENT FUND.— ment of Homeland Security, or the Department reaus with each other. (1) IN GENERAL.—In addition to any payments of State. SEC. 472. VOLUNTARY SEPARATION INCENTIVE which it is otherwise required to make, the De- (d) EFFECTIVE DATE.—Notwithstanding sec- PAYMENTS. partment of Justice and the Department of tion 4, this section shall take effect on the date (a) DEFINITIONS.—For purposes of this sec- Homeland Security shall, for each fiscal year on which the transfer of functions specified tion— with respect to which it makes any voluntary under section 441 takes effect. (1) the term ‘‘employee’’ means an employee separation incentive payments under this sec- (e) REFERENCES.—With respect to any func- (as defined by section 2105 of title 5, United tion, remit to the Office of Personnel Manage- tion transferred by this section, any reference in States Code) who— ment for deposit in the Treasury of the United any other Federal law, Executive order, rule, (A) has completed at least 3 years of current States to the credit of the Civil Service Retire- regulation, or delegation of authority, or any continuous service with 1 or more covered enti- ment and Disability Fund the amount required document of or pertaining to a component of ties; and under paragraph (2). government from which such function is trans- (B) is serving under an appointment without (2) AMOUNT REQUIRED.—The amount required ferred— time limitation; under this paragraph shall, for any fiscal year, (1) to the head of such component is deemed but does not include any person under subpara- be the amount under subparagraph (A) or (B), to refer to the Director of the Office of Refugee graphs (A)–(G) of section 663(a)(2) of Public whichever is greater. Resettlement; or Law 104–208 (5 U.S.C. 5597 note); (A) FIRST METHOD.—The amount under this (2) to such component is deemed to refer to the (2) the term ‘‘covered entity’’ means— subparagraph shall, for any fiscal year, be Office of Refugee Resettlement of the Depart- (A) the Immigration and Naturalization Serv- equal to the minimum amount necessary to off- ment of Health and Human Services. ice; set the additional costs to the retirement systems (f) OTHER TRANSITION ISSUES.— (B) the Bureau of Border Security of the De- under title 5, United States Code (payable out of (1) EXERCISE OF AUTHORITIES.—Except as oth- partment of Homeland Security; and the Civil Service Retirement and Disability erwise provided by law, a Federal official to (C) the Bureau of Citizenship and Immigra- Fund) resulting from the voluntary separation whom a function is transferred by this section tion Services of the Department of Homeland Se- of the employees described in paragraph (3), as may, for purposes of performing the function, curity; and determined under regulations of the Office of exercise all authorities under any other provi- (3) the term ‘‘transfer date’’ means the date Personnel Management. sion of law that were available with respect to on which the transfer of functions specified (B) SECOND METHOD.—The amount under this the performance of that function to the official under section 441 takes effect. subparagraph shall, for any fiscal year, be responsible for the performance of the function (b) STRATEGIC RESTRUCTURING PLAN.—Before equal to 45 percent of the sum total of the final immediately before the effective date specified in the Attorney General or the Secretary obligates basic pay of the employees described in para- subsection (d). any resources for voluntary separation incentive graph (3). (2) SAVINGS PROVISIONS.—Subsections (a), (b), payments under this section, such official shall (3) COMPUTATIONS TO BE BASED ON SEPARA- and (c) of section 1512 shall apply to a transfer submit to the appropriate committees of Con- TIONS OCCURRING IN THE FISCAL YEAR IN- of functions under this section in the same man- gress a strategic restructuring plan, which shall VOLVED.—The employees described in this para- ner as such provisions apply to a transfer of include— graph are those employees who receive a vol- functions under this Act to the Department of (1) an organizational chart depicting the cov- untary separation incentive payment under this Homeland Security. ered entities after their restructuring pursuant section based on their separating from service (3) TRANSFER AND ALLOCATION OF APPROPRIA- to this Act; during the fiscal year with respect to which the TIONS AND PERSONNEL.—The personnel of the (2) a summary description of how the author- payment under this subsection relates. Department of Justice employed in connection ity under this section will be used to help carry (4) FINAL BASIC PAY DEFINED.—In this sub- with the functions transferred by this section, out that restructuring; and section, the term ‘‘final basic pay’’ means, with and the assets, liabilities, contracts, property, (3) the information specified in section respect to an employee, the total amount of records, and unexpended balance of appropria- 663(b)(2) of Public Law 104–208 (5 U.S.C. 5597 basic pay which would be payable for a year of tions, authorizations, allocations, and other note). service by such employee, computed using the funds employed, held, used, arising from, avail- As used in the preceding sentence, the employee’s final rate of basic pay, and, if last able to, or to be made available to, the Immigra- ‘‘appropriate committees of Congress’’ are the serving on other than a full-time basis, with ap- tion and Naturalization Service in connection Committees on Appropriations, Government Re- propriate adjustment therefor. with the functions transferred by this section, form, and the Judiciary of the House of Rep- (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH subject to section 202 of the Budget and Ac- resentatives, and the Committees on Appropria- THE GOVERNMENT.—An individual who receives counting Procedures Act of 1950, shall be trans- tions, Governmental Affairs, and the Judiciary a voluntary separation incentive payment under ferred to the Director of the Office of Refugee of the Senate. this section and who, within 5 years after the Resettlement for allocation to the appropriate (c) AUTHORITY.—The Attorney General and date of the separation on which the payment is component of the Department of Health and the Secretary may, to the extent necessary to based, accepts any compensated employment Human Services. Unexpended funds transferred help carry out their respective strategic restruc- with the Government or works for any agency of pursuant to this paragraph shall be used only turing plan described in subsection (b), make the Government through a personal services for the purposes for which the funds were origi- voluntary separation incentive payments to em- contract, shall be required to pay, prior to the nally authorized and appropriated. ployees. Any such payment— individual’s first day of employment, the entire

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00023 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.033 H22PT1 H9060 CONGRESSIONAL RECORD — HOUSE November 22, 2002 amount of the incentive payment. Such payment fourth years of its operation. Upon request, the of the Bureau of Citizenship and Immigration shall be made to the covered entity from which Attorney General or the Secretary shall furnish Services and the Bureau of Border Security, in- the individual separated or, if made on or after such information as the General Accounting Of- cluding the following: the transfer date, to the Deputy Secretary or the fice may require to carry out this subsection. (A) Organizational structure, including the Under Secretary for Border and Transportation (g) DEFINITION.—In this section, the term field structure. Security (for transfer to the appropriate compo- ‘‘covered entity’’ has the meaning given such (B) Chain of command. nent of the Department of Homeland Security, if term in section 472(a)(2). (C) Procedures for interaction among such bu- necessary). SEC. 474. SENSE OF CONGRESS. reaus. (f) EFFECT ON EMPLOYMENT LEVELS.— It is the sense of Congress that— (D) Fraud detection and investigation. (1) INTENDED EFFECT.—Voluntary separations (1) the missions of the Bureau of Border Secu- (E) The processing and handling of removal under this section are not intended to nec- rity and the Bureau of Citizenship and Immi- proceedings, including expedited removal and essarily reduce the total number of full-time gration Services are equally important and, ac- applications for relief from removal. equivalent positions in any covered entity. cordingly, they each should be adequately fund- (F) Recommendations for conforming amend- (2) USE OF VOLUNTARY SEPARATIONS.—A cov- ed; and ments to the Immigration and Nationality Act (8 ered entity may redeploy or use the full-time (2) the functions transferred under this sub- U.S.C. 1101 et seq.). equivalent positions vacated by voluntary sepa- title should not, after such transfers take effect, (G) Establishment of a transition team. rations under this section to make other posi- operate at levels below those in effect prior to (H) Methods to phase in the costs of sepa- tions available to more critical locations or more the enactment of this Act. rating the administrative support systems of the critical occupations. SEC. 475. DIRECTOR OF SHARED SERVICES. Immigration and Naturalization Service in order SEC. 473. AUTHORITY TO CONDUCT A DEM- (a) IN GENERAL.—Within the Office of Deputy to provide for separate administrative support ONSTRATION PROJECT RELATING Secretary, there shall be a Director of Shared systems for the Bureau of Citizenship and Immi- TO DISCIPLINARY ACTION. Services. gration Services and the Bureau of Border Secu- (a) IN GENERAL.—The Attorney General and (b) FUNCTIONS.—The Director of Shared Serv- rity. the Secretary may each, during a period ending ices shall be responsible for the coordination of (d) COMPTROLLER GENERAL STUDIES AND RE- not later than 5 years after the date of the en- resources for the Bureau of Border Security and PORTS.— actment of this Act, conduct a demonstration the Bureau of Citizenship and Immigration (1) STATUS REPORTS ON TRANSITION.—Not later project for the purpose of determining whether Services, including— than 18 months after the date on which the one or more changes in the policies or proce- (1) information resources management, includ- transfer of functions specified under section 441 dures relating to methods for disciplining em- ing computer databases and information tech- takes effect, and every 6 months thereafter, ployees would result in improved personnel nology; until full implementation of this subtitle has management. (2) records and file management; and been completed, the Comptroller General of the (b) SCOPE.—A demonstration project under (3) forms management. United States shall submit to the Committees on this section— SEC. 476. SEPARATION OF FUNDING. Appropriations and on the Judiciary of the (1) may not cover any employees apart from (a) IN GENERAL.—There shall be established House of Representatives and the Senate a re- those employed in or under a covered entity; separate accounts in the Treasury of the United port containing the following: and States for appropriated funds and other deposits (A) A determination of whether the transfers (2) shall not be limited by any provision of available for the Bureau of Citizenship and Im- of functions made by subtitles D and E have chapter 43, 75, or 77 of title 5, United States migration Services and the Bureau of Border Se- been completed, and if a transfer of functions Code. curity. has not taken place, identifying the reasons (c) PROCEDURES.—Under the demonstration (b) SEPARATE BUDGETS.—To ensure that the why the transfer has not taken place. project— Bureau of Citizenship and Immigration Services (B) If the transfers of functions made by sub- (1) the use of alternative means of dispute res- and the Bureau of Border Security are funded titles D and E have been completed, an identi- olution (as defined in section 571 of title 5, to the extent necessary to fully carry out their fication of any issues that have arisen due to United States Code) shall be encouraged, when- respective functions, the Director of the Office the completed transfers. ever appropriate; and of Management and Budget shall separate the (C) An identification of any issues that may (2) each covered entity under the jurisdiction budget requests for each such entity. arise due to any future transfer of functions. of the official conducting the project shall be re- EES.—Fees imposed for a particular serv- (c) F (2) REPORT ON MANAGEMENT.—Not later than quired to provide for the expeditious, fair, and ice, application, or benefit shall be deposited 4 years after the date on which the transfer of independent review of any action to which sec- into the account established under subsection functions specified under section 441 takes ef- tion 4303 or subchapter II of chapter 75 of such (a) that is for the bureau with jurisdiction over fect, the Comptroller General of the United title 5 would otherwise apply (except an action the function to which the fee relates. States shall submit to the Committees on Appro- described in section 7512(5) of such title 5). (d) FEES NOT TRANSFERABLE.—No fee may be priations and on the Judiciary of the House of (d) ACTIONS INVOLVING DISCRIMINATION.— transferred between the Bureau of Citizenship Representatives and the Senate a report, fol- Notwithstanding any other provision of this sec- and Immigration Services and the Bureau of lowing a study, containing the following: tion, if, in the case of any matter described in Border Security for purposes not authorized by (A) Determinations of whether the transfer of section 7702(a)(1)(B) of title 5, United States section 286 of the Immigration and Nationality functions from the Immigration and Naturaliza- Code, there is no judicially reviewable action Act (8 U.S.C. 1356). under the demonstration project within 120 days tion Service to the Bureau of Citizenship and SEC. 477. REPORTS AND IMPLEMENTATION Immigration Services and the Bureau of Border after the filing of an appeal or other formal re- PLANS. Security have improved, with respect to each quest for review (referred to in subsection (a) DIVISION OF FUNDS.—The Secretary, not function transferred, the following: (c)(2)), an employee shall be entitled to file a later than 120 days after the effective date of (i) Operations. civil action to the same extent and in the same this Act, shall submit to the Committees on Ap- (ii) Management, including accountability manner as provided in section 7702(e)(1) of such propriations and the Judiciary of the House of and communication. title 5 (in the matter following subparagraph (C) Representatives and of the Senate a report on (iii) Financial administration. thereof). the proposed division and transfer of funds, in- (iv) Recordkeeping, including information (e) CERTAIN EMPLOYEES.—Employees shall not cluding unexpended funds, appropriations, and management and technology. be included within any project under this sec- fees, between the Bureau of Citizenship and Im- (B) A statement of the reasons for the deter- tion if such employees are— migration Services and the Bureau of Border Se- minations under subparagraph (A). (1) neither managers nor supervisors; and curity. (C) Any recommendations for further improve- (2) within a unit with respect to which a labor (b) DIVISION OF PERSONNEL.—The Secretary, ments to the Bureau of Citizenship and Immi- organization is accorded exclusive recognition not later than 120 days after the effective date gration Services and the Bureau of Border Secu- under chapter 71 of title 5, United States Code. of this Act, shall submit to the Committees on rity. Notwithstanding the preceding sentence, an ag- Appropriations and the Judiciary of the House (3) REPORT ON FEES.—Not later than 1 year grieved employee within a unit (referred to in of Representatives and of the Senate a report on after the date of the enactment of this Act, the paragraph (2)) may elect to participate in a the proposed division of personnel between the Comptroller General of the United States shall complaint procedure developed under the dem- Bureau of Citizenship and Immigration Services submit to the Committees on the Judiciary of the onstration project in lieu of any negotiated and the Bureau of Border Security. grievance procedure and any statutory proce- (c) IMPLEMENTATION PLAN.— House of Representatives and of the Senate a re- dure (as such term is used in section 7121 of (1) IN GENERAL.—The Secretary, not later port examining whether the Bureau of Citizen- such title 5). than 120 days after the effective date of this ship and Immigration Services is likely to derive (f) REPORTS.—The General Accounting Office Act, and every 6 months thereafter until the ter- sufficient funds from fees to carry out its func- shall prepare and submit to the Committees on mination of fiscal year 2005, shall submit to the tions in the absence of appropriated funds. Government Reform and the Judiciary of the Committees on Appropriations and the Judiciary SEC. 478. IMMIGRATION FUNCTIONS. House of Representatives and the Committees on of the House of Representatives and of the Sen- (a) ANNUAL REPORT.— Governmental Affairs and the Judiciary of the ate an implementation plan to carry out this (1) IN GENERAL.—One year after the date of Senate periodic reports on any demonstration Act. the enactment of this Act, and each year there- project conducted under this section, such re- (2) CONTENTS.—The implementation plan after, the Secretary shall submit a report to the ports to be submitted after the second and should include details concerning the separation President, to the Committees on the Judiciary

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00024 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.033 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9061 and Government Reform of the House of Rep- (D) coordinating other Federal response re- toward achieving the priorities and goals de- resentatives, and to the Committees on the Judi- sources in the event of a terrorist attack or scribed in such subsection. ciary and Government Affairs of the Senate, on major disaster; SEC. 506. DEFINITION. the impact the transfers made by this subtitle (4) aiding the recovery from terrorist attacks In this title, the term ‘‘Nuclear Incident Re- has had on immigration functions. and major disasters; sponse Team’’ means a resource that includes— (2) MATTER INCLUDED.—The report shall ad- (5) building a comprehensive national incident (1) those entities of the Department of Energy dress the following with respect to the period management system with Federal, State, and that perform nuclear or radiological emergency covered by the report: local government personnel, agencies, and au- support functions (including accident response, (A) The aggregate number of all immigration thorities, to respond to such attacks and disas- search response, advisory, and technical oper- applications and petitions received, and proc- ters; ations functions), radiation exposure functions essed, by the Department; (6) consolidating existing Federal Government at the medical assistance facility known as the (B) Region-by-region statistics on the aggre- emergency response plans into a single, coordi- Radiation Emergency Assistance Center/Train- gate number of immigration applications and nated national response plan; and ing Site (REAC/TS), radiological assistance petitions filed by an alien (or filed on behalf of (7) developing comprehensive programs for de- functions, and related functions; and an alien) and denied, disaggregated by category veloping interoperative communications tech- (2) those entities of the Environmental Protec- of denial and application or petition type. nology, and helping to ensure that emergency tion Agency that perform such support func- (C) The quantity of backlogged immigration response providers acquire such technology. tions (including radiological emergency response applications and petitions that have been proc- SEC. 503. FUNCTIONS TRANSFERRED. functions) and related functions. essed, the aggregate number awaiting proc- In accordance with title XV, there shall be essing, and a detailed plan for eliminating the SEC. 507. ROLE OF FEDERAL EMERGENCY MAN- transferred to the Secretary the functions, per- AGEMENT AGENCY. backlog. sonnel, assets, and liabilities of the following (a) IN GENERAL.—The functions of the Federal (D) The average processing period for immi- entities: gration applications and petitions, Emergency Management Agency include the fol- (1) The Federal Emergency Management lowing: disaggregated by application or petition type. Agency, including the functions of the Director (E) The number and types of immigration-re- (1) All functions and authorities prescribed by of the Federal Emergency Management Agency lated grievances filed with any official of the the Robert T. Stafford Disaster Relief and Emer- relating thereto. Department of Justice, and if those grievances gency Assistance Act (42 U.S.C. 5121 et seq.). (2) The Integrated Hazard Information System (2) Carrying out its mission to reduce the loss were resolved. of the National Oceanic and Atmospheric Ad- (F) Plans to address grievances and improve of life and property and protect the Nation from ministration, which shall be renamed immigration services. all hazards by leading and supporting the Na- ‘‘FIRESAT’’. (G) Whether immigration-related fees were tion in a comprehensive, risk-based emergency (3) The National Domestic Preparedness Of- used consistent with legal requirements regard- management program— fice of the Federal Bureau of Investigation, in- ing such use. (A) of mitigation, by taking sustained actions (H) Whether immigration-related questions cluding the functions of the Attorney General to reduce or eliminate long-term risk to people conveyed by customers to the Department relating thereto. and property from hazards and their effects; (4) The Domestic Emergency Support Teams of (whether conveyed in person, by telephone, or (B) of planning for building the emergency the Department of Justice, including the func- by means of the Internet) were answered effec- management profession to prepare effectively tions of the Attorney General relating thereto. tively and efficiently. for, mitigate against, respond to, and recover (5) The Office of Emergency Preparedness, the (b) SENSE OF CONGRESS REGARDING IMMIGRA- from any hazard; National Disaster Medical System, and the Met- TION SERVICES.—It is the sense of Congress (C) of response, by conducting emergency op- that— ropolitan Medical Response System of the De- erations to save lives and property through posi- (1) the quality and efficiency of immigration partment of Health and Human Services, includ- tioning emergency equipment and supplies, services rendered by the Federal Government ing the functions of the Secretary of Health and through evacuating potential victims, through should be improved after the transfers made by Human Services and the Assistant Secretary for providing food, water, shelter, and medical care this subtitle take effect; and Public Health Emergency Preparedness relating to those in need, and through restoring critical (2) the Secretary should undertake efforts to thereto. public services; guarantee that concerns regarding the quality (6) The Strategic National Stockpile of the De- (D) of recovery, by rebuilding communities so and efficiency of immigration services are ad- partment of Health and Human Services, includ- individuals, businesses, and governments can dressed after such effective date. ing the functions of the Secretary of Health and function on their own, return to normal life, Human Services relating thereto. TITLE V—EMERGENCY PREPAREDNESS and protect against future hazards; and AND RESPONSE SEC. 504. NUCLEAR INCIDENT RESPONSE. (E) of increased efficiencies, by coordinating (a) IN GENERAL.—At the direction of the Sec- efforts relating to mitigation, planning, re- SEC. 501. UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE. retary (in connection with an actual or threat- sponse, and recovery. There shall be in the Department a Direc- ened terrorist attack, major disaster, or other (b) FEDERAL RESPONSE PLAN.— torate of Emergency Preparedness and Response emergency in the United States), the Nuclear In- (1) ROLE OF FEMA.—Notwithstanding any headed by an Under Secretary for Emergency cident Response Team shall operate as an orga- other provision of this Act, the Federal Emer- Preparedness and Response. nizational unit of the Department. While so op- gency Management Agency shall remain the erating, the Nuclear Incident Response Team lead agency for the Federal Response Plan es- SEC. 502. RESPONSIBILITIES. shall be subject to the direction, authority, and tablished under Executive Order 12148 (44 Fed. The Secretary, acting through the Under Sec- control of the Secretary. Reg. 43239) and Executive Order 12656 (53 Fed. retary for Emergency Preparedness and Re- (b) RULE OF CONSTRUCTION.—Nothing in this Reg. 47491). sponse, shall include— title shall be construed to limit the ordinary re- (1) helping to ensure the effectiveness of emer- (2) REVISION OF RESPONSE PLAN.—Not later sponsibility of the Secretary of Energy and the gency response providers to terrorist attacks, than 60 days after the date of enactment of this Administrator of the Environmental Protection major disasters, and other emergencies; Act, the Director of the Federal Emergency (2) with respect to the Nuclear Incident Re- Agency for organizing, training, equipping, and Management Agency shall revise the Federal sponse Team (regardless of whether it is oper- utilizing their respective entities in the Nuclear Response Plan to reflect the establishment of ating as an organizational unit of the Depart- Incident Response Team, or (subject to the pro- and incorporate the Department. ment pursuant to this title)— visions of this title) from exercising direction, SEC. 508. USE OF NATIONAL PRIVATE SECTOR (A) establishing standards and certifying authority, and control over them when they are NETWORKS IN EMERGENCY RE- when those standards have been met; not operating as a unit of the Department. SPONSE. (B) conducting joint and other exercises and SEC. 505. CONDUCT OF CERTAIN PUBLIC HEALTH- To the maximum extent practicable, the Sec- training and evaluating performance; and RELATED ACTIVITIES. retary shall use national private sector networks (C) providing funds to the Department of En- (a) IN GENERAL.—With respect to all public and infrastructure for emergency response to ergy and the Environmental Protection Agency, health-related activities to improve State, local, chemical, biological, radiological, nuclear, or ex- as appropriate, for homeland security planning, and hospital preparedness and response to plosive disasters, and other major disasters. exercises and training, and equipment; chemical, biological, radiological, and nuclear SEC. 509. USE OF COMMERCIALLY AVAILABLE (3) providing the Federal Government’s re- and other emerging terrorist threats carried out TECHNOLOGY, GOODS, AND SERV- sponse to terrorist attacks and major disasters, by the Department of Health and Human Serv- ICES. including— ices (including the Public Health Service), the It is the sense of Congress that— (A) managing such response; Secretary of Health and Human Services shall (1) the Secretary should, to the maximum ex- (B) directing the Domestic Emergency Support set priorities and preparedness goals and further tent possible, use off-the-shelf commercially de- Team, the Strategic National Stockpile, the Na- develop a coordinated strategy for such activi- veloped technologies to ensure that the Depart- tional Disaster Medical System, and (when op- ties in collaboration with the Secretary. ment’s information technology systems allow the erating as an organizational unit of the Depart- (b) EVALUATION OF PROGRESS.—In carrying Department to collect, manage, share, analyze, ment pursuant to this title) the Nuclear Incident out subsection (a), the Secretary of Health and and disseminate information securely over mul- Response Team; Human Services shall collaborate with the Sec- tiple channels of communication; and (C) overseeing the Metropolitan Medical Re- retary in developing specific benchmarks and (2) in order to further the policy of the United sponse System; and outcome measurements for evaluating progress States to avoid competing commercially with the

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00025 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.033 H22PT1 H9062 CONGRESSIONAL RECORD — HOUSE November 22, 2002 private sector, the Secretary should rely on com- telligence operations, or law enforcement oper- Bureau of Investigation, or the Director of Cen- mercial sources to supply the goods and services ations or accidents connected with activities oc- tral Intelligence, or their designees, as applica- needed by the Department. curring after September 11, 2001, and related to ble, may forward information received from an TITLE VI—TREATMENT OF CHARITABLE domestic or foreign efforts to curb international executor, administrator, or other legal represent- TRUSTS FOR MEMBERS OF THE ARMED terrorism, including the Authorization for Use ative of the estate of a decedent described in FORCES OF THE UNITED STATES AND of Military Force (Public Law 107–40; 115 Stat. subparagraph (A), (B), (C), or (D) of subsection OTHER GOVERNMENTAL ORGANIZA- 224). (c)(1), to a Johnny Micheal Spann Patriot Trust TIONS (2) Other than funds or donations reasonably on how to contact individuals eligible for a dis- necessary to establish a trust, not more than 15 tribution under subsection (c)(1) for the purpose SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED percent of all funds or donations (or 15 percent of providing assistance from such Trust; pro- FORCES OF THE UNITED STATES of annual earnings on funds invested in a pri- vided that, neither forwarding nor failing to for- AND OTHER GOVERNMENTAL ORGA- vate foundation) may be used for administrative ward any information under this subsection NIZATIONS. purposes. shall create any cause of action against any (a) FINDINGS.—Congress finds the following: (3) No part of the net earnings of any Johnny Federal department, agency, officer, agent, or (1) Members of the Armed Forces of the United Micheal Spann Patriot Trust may inure to the employee. States defend the freedom and security of our benefit of any individual based solely on the po- (f) REGULATIONS.—Not later than 90 days Nation. sition of such individual as a shareholder, an after the date of enactment of this Act, the Sec- (2) Members of the Armed Forces of the United officer or employee of such Trust. retary of Defense, in coordination with the At- States have lost their lives while battling the (4) None of the activities of any Johnny torney General, the Director of the Federal Bu- evils of terrorism around the world. Micheal Spann Patriot Trust shall be conducted reau of Investigation, and the Director of Cen- (3) Personnel of the Central Intelligence Agen- in a manner inconsistent with any law that pro- tral Intelligence, shall prescribe regulations to cy (CIA) charged with the responsibility of cov- hibits attempting to influence legislation. carry out this section. (5) No Johnny Micheal Spann Patriot Trust ert observation of terrorists around the world TITLE VII—MANAGEMENT are often put in harm’s way during their service may participate in or intervene in any political to the United States. campaign on behalf of (or in opposition to) any SEC. 701. UNDER SECRETARY FOR MANAGEMENT. (4) Personnel of the Central Intelligence Agen- candidate for public office, including by publi- (a) IN GENERAL.—The Secretary, acting cy have also lost their lives while battling the cation or distribution of statements. through the Under Secretary for Management, evils of terrorism around the world. (6) Each Johnny Micheal Spann Patriot Trust shall be responsible for the management and ad- (5) Employees of the Federal Bureau of Inves- shall comply with the instructions and direc- ministration of the Department, including the tigation (FBI) and other Federal agencies tions of the Director of Central Intelligence, the following: charged with domestic protection of the United Attorney General, or the Secretary of Defense (1) The budget, appropriations, expenditures States put their lives at risk on a daily basis for relating to the protection of intelligence sources of funds, accounting, and finance. (2) Procurement. the freedom and security of our Nation. and methods, sensitive law enforcement infor- (3) Human resources and personnel. (6) United States military personnel, CIA per- mation, or other sensitive national security in- (4) Information technology and communica- sonnel, FBI personnel, and other Federal agents formation, including methods for confidentially tions systems. in the service of the United States are patriots disbursing funds. (5) Facilities, property, equipment, and other of the highest order. (7) Each Johnny Micheal Spann Patriot Trust material resources. (7) CIA officer Johnny Micheal Spann became that receives annual contributions totaling more (6) Security for personnel, information tech- the first American to give his life for his country than $1,000,000 must be audited annually by an nology and communications systems, facilities, in the War on Terrorism declared by President independent certified public accounting firm. property, equipment, and other material re- George W. Bush following the terrorist attacks Such audits shall be filed with the Internal Rev- sources. of September 11, 2001. enue Service, and shall be open to public inspec- (7) Identification and tracking of performance (8) Johnny Micheal Spann left behind a wife tion, except that the conduct, filing, and avail- measures relating to the responsibilities of the and children who are very proud of the heroic ability of the audit shall be consistent with the Department. actions of their patriot father. protection of intelligence sources and methods, (8) Grants and other assistance management (9) Surviving dependents of members of the of sensitive law enforcement information, and of programs. Armed Forces of the United States who lose other sensitive national security information. (9) The transition and reorganization process, their lives as a result of terrorist attacks or mili- (8) Each Johnny Micheal Spann Patriot Trust to ensure an efficient and orderly transfer of tary operations abroad receive a $6,000 death shall make distributions to beneficiaries de- functions and personnel to the Department, in- benefit, plus a small monthly benefit. scribed in paragraph (1) at least once every cal- cluding the development of a transition plan. (10) The current system of compensating endar year, beginning not later than 12 months (10) The conduct of internal audits and man- spouses and children of American patriots is in- after the formation of such Trust, and all funds agement analyses of the programs and activities equitable and needs improvement. and donations received and earnings not placed of the Department. (b) DESIGNATION OF JOHNNY MICHEAL SPANN in a private foundation dedicated to such bene- (11) Any other management duties that the PATRIOT TRUSTS.—Any charitable corporation, ficiaries must be distributed within 36 months Secretary may designate. fund, foundation, or trust (or separate fund or after the end of the fiscal year in which such (b) IMMIGRATION.— account thereof) which otherwise meets all ap- funds, donations, and earnings are received. (1) IN GENERAL.—In addition to the respon- plicable requirements under law with respect to (9)(A) When determining the amount of a dis- sibilities described in subsection (a), the Under charitable entities and meets the requirements tribution to any beneficiary described in para- Secretary for Management shall be responsible described in subsection (c) shall be eligible to graph (1), a Johnny Micheal Spann Patriot for the following: characterize itself as a ‘‘Johnny Micheal Spann Trust should take into account the amount of (A) Maintenance of all immigration statistical Patriot Trust’’. any collateral source compensation that the information of the Bureau of Border Security (c) REQUIREMENTS FOR THE DESIGNATION OF beneficiary has received or is entitled to receive and the Bureau of Citizenship and Immigration JOHNNY MICHEAL SPANN PATRIOT TRUSTS.—The as a result of the death of an individual de- Services. Such statistical information shall in- requirements described in this subsection are as scribed in paragraph (1). clude information and statistics of the type con- follows: (B) Collateral source compensation includes tained in the publication entitled ‘‘Statistical (1) Not taking into account funds or dona- all compensation from collateral sources, includ- Yearbook of the Immigration and Naturalization tions reasonably necessary to establish a trust, ing life insurance, pension funds, death benefit Service’’ prepared by the Immigration and Natu- at least 85 percent of all funds or donations programs, and payments by Federal, State, or ralization Service (as in effect immediately be- (including any earnings on the investment of local governments related to the death of an in- fore the date on which the transfer of functions such funds or donations) received or collected dividual described in paragraph (1). specified under section 441 takes effect), includ- by any Johnny Micheal Spann Patriot Trust (d) TREATMENT OF JOHNNY MICHEAL SPANN ing region-by-region statistics on the aggregate must be distributed to (or, if placed in a private PATRIOT TRUSTS.—Each Johnny Micheal Spann number of applications and petitions filed by an foundation, held in trust for) surviving spouses, Patriot Trust shall refrain from conducting the alien (or filed on behalf of an alien) and denied children, or dependent parents, grandparents, activities described in clauses (i) and (ii) of sec- by such bureau, and the reasons for such deni- or siblings of 1 or more of the following: tion 301(20)(A) of the Federal Election Cam- als, disaggregated by category of denial and ap- (A) members of the Armed Forces of the paign Act of 1971 so that a general solicitation plication or petition type. United States; of funds by an individual described in para- (B) Establishment of standards of reliability (B) personnel, including contractors, of ele- graph (1) of section 323(e) of such Act will be and validity for immigration statistics collected ments of the intelligence community, as defined permissible if such solicitation meets the require- by such bureaus. in section 3(4) of the National Security Act of ments of paragraph (4)(A) of such section. (2) TRANSFER OF FUNCTIONS.—In accordance 1947; (e) NOTIFICATION OF TRUST BENEFICIARIES.— with title XV, there shall be transferred to the (C) employees of the Federal Bureau of Inves- Notwithstanding any other provision of law, Under Secretary for Management all functions tigation; and and in a manner consistent with the protection performed immediately before such transfer oc- (D) officers, employees, or contract employees of intelligence sources and methods and sen- curs by the Statistics Branch of the Office of of the United States Government, sitive law enforcement information, and other Policy and Planning of the Immigration and whose deaths occur in the line of duty and arise sensitive national security information, the Sec- Naturalization Service with respect to the fol- out of terrorist attacks, military operations, in- retary of Defense, the Director of the Federal lowing programs:

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00026 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.034 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9063 (A) The Border Patrol program. for and relationships with State and local gov- sponsibilities specified in this Act, the Inspector (B) The detention and removal program. ernments. General of the Department of Homeland Secu- (C) The intelligence program. (b) RESPONSIBILITIES.—The Office established rity shall have oversight responsibility for the (D) The investigations program. under subsection (a) shall— internal investigations performed by the Office (E) The inspections program. (1) coordinate the activities of the Department of Internal Affairs of the United States Customs (F) Adjudication of immigrant visa petitions. relating to State and local government; Service and the Office of Inspections of the (G) Adjudication of naturalization petitions. (2) assess, and advocate for, the resources United States Secret Service. The head of each (H) Adjudication of asylum and refugee appli- needed by State and local government to imple- such office shall promptly report to the Inspec- cations. ment the national strategy for combating ter- tor General the significant activities being car- (I) Adjudications performed at service centers. rorism; ried out by such office.’’. (J) All other adjudications performed by the (3) provide State and local government with SEC. 812. LAW ENFORCEMENT POWERS OF IN- Immigration and Naturalization Service. regular information, research, and technical SPECTOR GENERAL AGENTS. SEC. 702. CHIEF FINANCIAL OFFICER. support to assist local efforts at securing the (a) IN GENERAL.—Section 6 of the Inspector The Chief Financial Officer shall report to the homeland; and General Act of 1978 (5 U.S.C. App.) is amended Secretary, or to another official of the Depart- (4) develop a process for receiving meaningful by adding at the end the following: ment, as the Secretary may direct. input from State and local government to assist ‘‘(e)(1) In addition to the authority otherwise SEC. 703. CHIEF INFORMATION OFFICER. the development of the national strategy for provided by this Act, each Inspector General ap- The Chief Information Officer shall report to combating terrorism and other homeland secu- pointed under section 3, any Assistant Inspector the Secretary, or to another official of the De- rity activities. General for Investigations under such an In- partment, as the Secretary may direct. Subtitle B—Inspector General spector General, and any special agent supervised by such an Assistant Inspector General SEC. 704. CHIEF HUMAN CAPITAL OFFICER. SEC. 811. AUTHORITY OF THE SECRETARY. may be authorized by the Attorney General to— (a) IN GENERAL.—Notwithstanding the last The Chief Human Capital Officer shall report ‘‘(A) carry a firearm while engaged in official two sentences of section 3(a) of the Inspector to the Secretary, or to another official of the De- duties as authorized under this Act or other General Act of 1978, the Inspector General shall partment, as the Secretary may direct and shall statute, or as expressly authorized by the Attor- be under the authority, direction, and control of ensure that all employees of the Department are ney General; informed of their rights and remedies under the Secretary with respect to audits or investiga- ‘‘(B) make an arrest without a warrant while chapters 12 and 23 of title 5, United States Code, tions, or the issuance of subpoenas, that require engaged in official duties as authorized under by— access to sensitive information concerning— this Act or other statute, or as expressly author- (1) participating in the 2302(c) Certification (1) intelligence, counterintelligence, or ized by the Attorney General, for any offense Program of the Office of Special Counsel; counterterrorism matters; against the United States committed in the pres- (2) ongoing criminal investigations or pro- (2) achieving certification from the Office of ence of such Inspector General, Assistant In- ceedings; Special Counsel of the Department’s compliance spector General, or agent, or for any felony cog- (3) undercover operations; with section 2302(c) of title 5, United States nizable under the laws of the United States if (4) the identity of confidential sources, includ- Code; and such Inspector General, Assistant Inspector ing protected witnesses; (3) informing Congress of such certification General, or agent has reasonable grounds to be- (5) other matters the disclosure of which not later than 24 months after the date of enact- lieve that the person to be arrested has com- would, in the Secretary’s judgment, constitute a ment of this Act. mitted or is committing such felony; and serious threat to the protection of any person or SEC. 705. ESTABLISHMENT OF OFFICER FOR ‘‘(C) seek and execute warrants for arrest, property authorized protection by section 3056 of CIVIL RIGHTS AND CIVIL LIBERTIES. search of a premises, or seizure of evidence title 18, United States Code, section 202 of title (a) IN GENERAL.—The Secretary shall appoint issued under the authority of the United States 3 of such Code, or any provision of the Presi- in the Department an Officer for Civil Rights upon probable cause to believe that a violation dential Protection Assistance Act of 1976; or and Civil Liberties, who shall— has been committed. (1) review and assess information alleging (6) other matters the disclosure of which ‘‘(2) The Attorney General may authorize ex- abuses of civil rights, civil liberties, and racial would, in the Secretary’s judgment, constitute a ercise of the powers under this subsection only and ethnic profiling by employees and officials serious threat to national security. upon an initial determination that— of the Department; and (b) PROHIBITION OF CERTAIN INVESTIGA- ‘‘(A) the affected Office of Inspector General (2) make public through the Internet, radio, TIONS.—With respect to the information de- is significantly hampered in the performance of television, or newspaper advertisements infor- scribed in subsection (a), the Secretary may pro- responsibilities established by this Act as a re- mation on the responsibilities and functions of, hibit the Inspector General from carrying out or sult of the lack of such powers; and how to contact, the Officer. completing any audit or investigation, or from ‘‘(B) available assistance from other law en- (b) REPORT.—The Secretary shall submit to issuing any subpoena, after such Inspector Gen- forcement agencies is insufficient to meet the the President of the Senate, the Speaker of the eral has decided to initiate, carry out, or com- need for such powers; and House of Representatives, and the appropriate plete such audit or investigation or to issue such ‘‘(C) adequate internal safeguards and man- committees and subcommittees of Congress on an subpoena, if the Secretary determines that such agement procedures exist to ensure proper exer- annual basis a report on the implementation of prohibition is necessary to prevent the disclo- cise of such powers. this section, including the use of funds appro- sure of any information described in subsection ‘‘(3) The Inspector General offices of the De- priated to carry out this section, and detailing (a), to preserve the national security, or to pre- partment of Commerce, Department of Edu- any allegations of abuses described under sub- vent a significant impairment to the interests of cation, Department of Energy, Department of section (a)(1) and any actions taken by the De- the United States. Health and Human Services, Department of partment in response to such allegations. (c) NOTIFICATION REQUIRED.—If the Secretary Homeland Security, Department of Housing and exercises any power under subsection (a) or (b), SEC. 706. CONSOLIDATION AND CO-LOCATION OF Urban Development, Department of the Interior, OFFICES. the Secretary shall notify the Inspector General Department of Justice, Department of Labor, Not later than 1 year after the date of the en- of the Department in writing stating the reasons Department of State, Department of Transpor- actment of this Act, the Secretary shall develop for such exercise. Within 30 days after receipt of tation, Department of the Treasury, Department and submit to Congress a plan for consolidating any such notice, the Inspector General shall of Veterans Affairs, Agency for International and co-locating— transmit a copy of such notice and a written re- Development, Environmental Protection Agency, (1) any regional offices or field offices of agen- sponse thereto that includes— Federal Deposit Insurance Corporation, Federal cies that are transferred to the Department (1) a statement as to whether the Inspector Emergency Management Agency, General Serv- under this Act, if such officers are located in the General agrees or disagrees with such exercise; ices Administration, National Aeronautics and same municipality; and and Space Administration, Nuclear Regulatory Com- (2) the reasons for any disagreement, to the (2) portions of regional and field offices of mission, Office of Personnel Management, Rail- President of the Senate and the Speaker of the other Federal agencies, to the extent such of- road Retirement Board, Small Business Admin- House of Representatives and to appropriate fices perform functions that are transferred to istration, Social Security Administration, and committees and subcommittees of Congress. the Secretary under this Act. the Tennessee Valley Authority are exempt from (d) ACCESS TO INFORMATION BY CONGRESS.— the requirement of paragraph (2) of an initial TITLE VIII—COORDINATION WITH NON- The exercise of authority by the Secretary de- determination of eligibility by the Attorney Gen- FEDERAL ENTITIES; INSPECTOR GEN- scribed in subsection (b) should not be construed eral. ERAL; UNITED STATES SECRET SERVICE; as limiting the right of Congress or any com- ‘‘(4) The Attorney General shall promulgate, COAST GUARD; GENERAL PROVISIONS mittee of Congress to access any information it and revise as appropriate, guidelines which Subtitle A—Coordination with Non-Federal seeks. shall govern the exercise of the law enforcement Entities (e) OVERSIGHT RESPONSIBILITY—The Inspector powers established under paragraph (1). SEC. 801. OFFICE FOR STATE AND LOCAL GOV- General Act of 1978 (5 U.S.C. App.) is amended ‘‘(5)(A) Powers authorized for an Office of In- ERNMENT COORDINATION. by inserting after section 8I the following: spector General under paragraph (1) may be re- (a) ESTABLISHMENT.—There is established ‘‘SPECIAL PROVISIONS CONCERNING THE scinded or suspended upon a determination by within the Office of the Secretary the Office for DEPARTMENT OF HOMELAND SECURITY the Attorney General that any of the require- State and Local Government Coordination, to ‘‘SEC. 8J. Notwithstanding any other provi- ments under paragraph (2) is no longer satisfied oversee and coordinate departmental programs sion of law, in carrying out the duties and re- or that the exercise of authorized powers by that

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00027 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.034 H22PT1 H9064 CONGRESSIONAL RECORD — HOUSE November 22, 2002 Office of Inspector General has not complied Subtitle D—Acquisitions to any procurement made during the period be- with the guidelines promulgated by the Attorney SEC. 831. RESEARCH AND DEVELOPMENT ginning on the effective date of this Act and General under paragraph (4). PROJECTS. ending September 30, 2007, if the Secretary de- ‘‘(B) Powers authorized to be exercised by any (a) AUTHORITY.—During the 5-year period fol- termines in writing that the mission of the De- individual under paragraph (1) may be re- lowing the effective date of this Act, the Sec- partment (as described in section 101) would be scinded or suspended with respect to that indi- retary may carry out a pilot program under seriously impaired without the use of such au- vidual upon a determination by the Attorney which the Secretary may exercise the following thorities. General that such individual has not complied authorities: (2) DELEGATION.—The authority to make the with guidelines promulgated by the Attorney (1) IN GENERAL.—When the Secretary carries determination described in paragraph (1) may General under paragraph (4). out basic, applied, and advanced research and not be delegated by the Secretary to an officer ‘‘(6) A determination by the Attorney General development projects, including the expenditure of the Department who is not appointed by the under paragraph (2) or (5) shall not be review- of funds for such projects, the Secretary may ex- President with the advice and consent of the able in or by any court. ercise the same authority (subject to the same Senate. (3) NOTIFICATION.—Not later than the date ‘‘(7) To ensure the proper exercise of the law limitations and conditions) with respect to such that is 7 days after the date of any determina- enforcement powers authorized by this sub- research and projects as the Secretary of De- tion under paragraph (1), the Secretary shall section, the Offices of Inspector General defense may exercise under section 2371 of title 10, submit to the Committee on Government Reform scribed under paragraph (3) shall, not later United States Code (except for subsections (b) of the House of Representatives and the Com- than 180 days after the date of enactment of this and (f)), after making a determination that the use of a contract, grant, or cooperative agree- mittee on Governmental Affairs of the Senate— subsection, collectively enter into a memo- (A) notification of such determination; and randum of understanding to establish an exter- ment for such project is not feasible or appro- (B) the justification for such determination. nal review process for ensuring that adequate priate. The annual report required under sub- (b) INCREASED MICRO-PURCHASE THRESHOLD internal safeguards and management procedures section (b) of this section, as applied to the Sec- FOR CERTAIN PROCUREMENTS.— continue to exist within each Office and within retary by this paragraph, shall be submitted to (1) IN GENERAL.—The Secretary may designate any Office that later receives an authorization the President of the Senate and the Speaker of certain employees of the Department to make under paragraph (2). The review process shall the House of Representatives. procurements described in subsection (a) for be established in consultation with the Attorney (2) PROTOTYPE PROJECTS.—The Secretary which in the administration of section 32 of the General, who shall be provided with a copy of may, under the authority of paragraph (1), Office of Federal Procurement Policy Act (41 the memorandum of understanding that estab- carry out prototype projects in accordance with U.S.C. 428) the amount specified in subsections lishes the review process. Under the review proc- the requirements and conditions provided for (c), (d), and (f) of such section 32 shall be ess, the exercise of the law enforcement powers carrying out prototype projects under section deemed to be $7,500. by each Office of Inspector General shall be re- 845 of the National Defense Authorization Act (2) NUMBER OF EMPLOYEES.—The number of viewed periodically by another Office of Inspec- for Fiscal Year 1994 (Public Law 103–160). In ap- employees designated under paragraph (1) shall tor General or by a committee of Inspectors Gen- plying the authorities of that section 845, sub- be— eral. The results of each review shall be commu- section (c) of that section shall apply with re- (A) fewer than the number of employees of the nicated in writing to the applicable Inspector spect to prototype projects under this para- Department who are authorized to make pur- General and to the Attorney General. graph, and the Secretary shall perform the chases without obtaining competitive ‘‘(8) No provision of this subsection shall limit functions of the Secretary of Defense under sub- quotations, pursuant to section 32(c) of the Of- the exercise of law enforcement powers estab- section (d) thereof. fice of Federal Procurement Policy Act (41 lished under any other statutory authority, in- (b) REPORT.—Not later than 2 years after the U.S.C. 428(c)); cluding United States Marshals Service special effective date of this Act, and annually there- (B) sufficient to ensure the geographic dis- persal of the availability of the use of the pro- deputation.’’. after, the Comptroller General shall report to curement authority under such paragraph at lo- (b) PROMULGATION OF INITIAL GUIDELINES.— the Committee on Government Reform of the cations reasonably considered to be potential (1) DEFINITION.—In this subsection, the term House of Representatives and the Committee on terrorist targets; and ‘‘memoranda of understanding’’ means the Governmental Affairs of the Senate on— (1) whether use of the authorities described in (C) sufficiently limited to allow for the careful agreements between the Department of Justice subsection (a) attracts nontraditional Govern- monitoring of employees designated under such and the Inspector General offices described ment contractors and results in the acquisition paragraph. under section 6(e)(3) of the Inspector General of needed technologies; and (3) REVIEW.—Procurements made under the Act of 1978 (5 U.S.C. App) (as added by sub- (2) if such authorities were to be made perma- authority of this subsection shall be subject to section (a) of this section) that— nent, whether additional safeguards are needed review by a designated supervisor on not less (A) are in effect on the date of enactment of with respect to the use of such authorities. than a monthly basis. The supervisor respon- this Act; and (c) PROCUREMENT OF TEMPORARY AND INTER- sible for the review shall be responsible for no (B) authorize such offices to exercise author- MITTENT SERVICES.—The Secretary may— more than 7 employees making procurements ity that is the same or similar to the authority (1) procure the temporary or intermittent serv- under this subsection. under section 6(e)(1) of such Act. ices of experts or consultants (or organizations (c) SIMPLIFIED ACQUISITION PROCEDURES.— (2) IN GENERAL.—Not later than 180 days after thereof) in accordance with section 3109(b) of (1) IN GENERAL.—With respect to a procure- the date of enactment of this Act, the Attorney title 5, United States Code; and ment described in subsection (a), the Secretary General shall promulgate guidelines under sec- (2) whenever necessary due to an urgent may deem the simplified acquisition threshold tion 6(e)(4) of the Inspector General Act of 1978 homeland security need, procure temporary (not referred to in section 4(11) of the Office of Fed- (5 U.S.C. App) (as added by subsection (a) of to exceed 1 year) or intermittent personal serv- eral Procurement Policy Act (41 U.S.C. 403(11)) this section) applicable to the Inspector General ices, including the services of experts or consult- to be— offices described under section 6(e)(3) of that ants (or organizations thereof), without regard (A) in the case of a contract to be awarded Act. to the pay limitations of such section 3109. and performed, or purchase to be made, within (3) MINIMUM REQUIREMENTS.—The guidelines (d) DEFINITION OF NONTRADITIONAL GOVERN- the United States, $200,000; and promulgated under this subsection shall include, MENT CONTRACTOR.—In this section, the term (B) in the case of a contract to be awarded at a minimum, the operational and training re- ‘‘nontraditional Government contractor’’ has and performed, or purchase to be made, outside quirements in the memoranda of understanding. the same meaning as the term ‘‘nontraditional of the United States, $300,000. (2) CONFORMING AMENDMENTS.—Section (4) NO LAPSE OF AUTHORITY.—The memoranda defense contractor’’ as defined in section 845(e) 18(c)(1) of the Office of Federal Procurement of understanding in effect on the date of enact- of the National Defense Authorization Act for Policy Act is amended— ment of this Act shall remain in effect until the Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. (A) by striking ‘‘or’’ at the end of subpara- guidelines promulgated under this subsection 2371 note). graph (F); take effect. SEC. 832. PERSONAL SERVICES. (B) by striking the period at the end of sub- (c) EFFECTIVE DATES.— The Secretary— paragraph (G) and inserting ‘‘; or’’; and (1) IN GENERAL.—Subsection (a) shall take ef- (1) may procure the temporary or intermittent (C) by adding at the end the following: fect 180 days after the date of enactment of this services of experts or consultants (or organiza- ‘‘(H) the procurement is by the Secretary of Act. tions thereof) in accordance with section 3109 of Homeland Security pursuant to the special pro- (2) INITIAL GUIDELINES.—Subsection (b) shall title 5, United States Code; and cedures provided in section 833(c) of the Home- take effect on the date of enactment of this Act. (2) may, whenever necessary due to an urgent land Security Act of 2002.’’. homeland security need, procure temporary (not Subtitle C—United States Secret Service (d) APPLICATION OF CERTAIN COMMERCIAL to exceed 1 year) or intermittent personal serv- ITEMS AUTHORITIES.— SEC. 821. FUNCTIONS TRANSFERRED. ices, including the services of experts or consult- (1) IN GENERAL.—With respect to a procure- In accordance with title XV, there shall be ants (or organizations thereof), without regard ment described in subsection (a), the Secretary transferred to the Secretary the functions, per- to the pay limitations of such section 3109. may deem any item or service to be a commercial sonnel, assets, and obligations of the United SEC. 833. SPECIAL STREAMLINED ACQUISITION item for the purpose of Federal procurement States Secret Service, which shall be maintained AUTHORITY. laws. as a distinct entity within the Department, in- (a) AUTHORITY.— (2) LIMITATION.—The $5,000,000 limitation cluding the functions of the Secretary of the (1) IN GENERAL.—The Secretary may use the provided in section 31(a)(2) of the Office of Fed- Treasury relating thereto. authorities set forth in this section with respect eral Procurement Policy Act (41 U.S.C.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00028 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.034 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9065 427(a)(2)) and section 303(g)(1)(B) of the Federal (3) the expanded affiliated group which after have a direct interest in ensuring that their Property and Administrative Services Act of 1949 the acquisition includes the entity does not have human resources management system is condu- (41 U.S.C. 253(g)(1)(B)) shall be deemed to be substantial business activities in the foreign cive to achieving optimal operational effi- $7,500,000 for purposes of property or services country in which or under the law of which the ciencies; under the authority of this subsection. entity is created or organized when compared to (C) the 21st century human resources manage- (3) CERTAIN AUTHORITY.—Authority under a the total business activities of such expanded af- ment system envisioned for the Department provision of law referred to in paragraph (2) filiated group. should be one that benefits from the input of its that expires under section 4202(e) of the Clinger- (c) DEFINITIONS AND SPECIAL RULES.— employees; and Cohen Act of 1996 (divisions D and E of Public (1) RULES FOR APPLICATION OF SUBSECTION (D) this collaborative effort will help secure Law 104–106; 10 U.S.C. 2304 note) shall, notwith- (b).—In applying subsection (b) for purposes of our homeland. standing such section, continue to apply for a subsection (a), the following rules shall apply: (2) IN GENERAL.—Subpart I of part III of title procurement described in subsection (a). (A) CERTAIN STOCK DISREGARDED.—There 5, United States Code, is amended by adding at (e) REPORT.—Not later than 180 days after the shall not be taken into account in determining the end the following: end of fiscal year 2005, the Comptroller General ownership for purposes of subsection (b)(2)— ‘‘CHAPTER 97—DEPARTMENT OF shall submit to the Committee on Governmental (i) stock held by members of the expanded af- HOMELAND SECURITY Affairs of the Senate and the Committee on Gov- filiated group which includes the foreign incor- ‘‘Sec. ernment Reform of the House of Representatives porated entity; or ‘‘9701. Establishment of human resources man- a report on the use of the authorities provided (ii) stock of such entity which is sold in a pub- agement system. in this section. The report shall contain the fol- lic offering related to the acquisition described ‘‘§ 9701. Establishment of human resources lowing: in subsection (b)(1). management system (1) An assessment of the extent to which prop- (B) PLAN DEEMED IN CERTAIN CASES.—If a for- ‘‘(a) IN GENERAL.—Notwithstanding any other erty and services acquired using authorities pro- eign incorporated entity acquires directly or in- provision of this part, the Secretary of Home- vided under this section contributed to the ca- directly substantially all of the properties of a land Security may, in regulations prescribed pacity of the Federal workforce to facilitate the domestic corporation or partnership during the jointly with the Director of the Office of Per- mission of the Department as described in sec- 4-year period beginning on the date which is sonnel Management, establish, and from time to tion 101. after the date of enactment of this Act and time adjust, a human resources management (2) An assessment of the extent to which which is 2 years before the ownership require- system for some or all of the organizational prices for property and services acquired using ments of subsection (b)(2) are met, such actions units of the Department of Homeland Security. authorities provided under this section reflected shall be treated as pursuant to a plan. ‘‘(b) SYSTEM REQUIREMENTS.—Any system es- the best value. (C) CERTAIN TRANSFERS DISREGARDED.—The tablished under subsection (a) shall— transfer of properties or liabilities (including by (3) The number of employees designated by ‘‘(1) be flexible; each executive agency under subsection (b)(1). contribution or distribution) shall be dis- ‘‘(2) be contemporary; (4) An assessment of the extent to which the regarded if such transfers are part of a plan a ‘‘(3) not waive, modify, or otherwise affect— Department has implemented subsections (b)(2) principal purpose of which is to avoid the pur- ‘‘(A) the public employment principles of merit and (b)(3) to monitor the use of procurement au- poses of this section. and fitness set forth in section 2301, including thority by employees designated under sub- (D) SPECIAL RULE FOR RELATED PARTNER- the principles of hiring based on merit, fair section (b)(1). SHIPS.—For purposes of applying subsection (b) treatment without regard to political affiliation (5) Any recommendations of the Comptroller to the acquisition of a domestic partnership, ex- or other nonmerit considerations, equal pay for General for improving the effectiveness of the cept as provided in regulations, all domestic equal work, and protection of employees against implementation of the provisions of this section. partnerships which are under common control reprisal for whistleblowing; SEC. 834. UNSOLICITED PROPOSALS. (within the meaning of section 482 of the Inter- ‘‘(B) any provision of section 2302, relating to (a) REGULATIONS REQUIRED.—Within 1 year of nal Revenue Code of 1986) shall be treated as I prohibited personnel practices; the date of enactment of this Act, the Federal partnership. ‘‘(C)(i) any provision of law referred to in sec- Acquisition Regulation shall be revised to in- (E) TREATMENT OF CERTAIN RIGHTS.—The Sec- tion 2302(b)(1), (8), and (9); or clude regulations with regard to unsolicited pro- retary shall prescribe such regulations as may ‘‘(ii) any provision of law implementing any posals. be necessary to— provision of law referred to in section 2302(b)(1), (b) CONTENT OF REGULATIONS.—The regula- (i) treat warrants, options, contracts to ac- (8), and (9) by— tions prescribed under subsection (a) shall require stock, convertible debt instruments, and ‘‘(I) providing for equal employment oppor- quire that before initiating a comprehensive other similar interests as stock; and tunity through affirmative action; or evaluation, an agency contact point shall con- (ii) treat stock as not stock. ‘‘(II) providing any right or remedy available sider, among other factors, that the proposal— (2) EXPANDED AFFILIATED GROUP.—The term to any employee or applicant for employment in (1) is not submitted in response to a previously ‘‘expanded affiliated group’’ means an affiliated the civil service; published agency requirement; and group as defined in section 1504(a) of the Inter- ‘‘(D) any other provision of this part (as de- (2) contains technical and cost information for nal Revenue Code of 1986 (without regard to scribed in subsection (c)); or evaluation and overall scientific, technical or section 1504(b) of such Code), except that section ‘‘(E) any rule or regulation prescribed under socioeconomic merit, or cost-related or price-re- 1504 of such Code shall be applied by sub- any provision of law referred to in any of the lated factors. stituting ‘‘more than 50 percent’’ for ‘‘at least 80 preceding subparagraphs of this paragraph; percent’’ each place it appears. ‘‘(4) ensure that employees may organize, bar- SEC. 835. PROHIBITION ON CONTRACTS WITH gain collectively, and participate through labor CORPORATE EXPATRIATES. (3) FOREIGN INCORPORATED ENTITY.—The term ‘‘foreign incorporated entity’’ means any entity organizations of their own choosing in decisions (a) IN GENERAL.—The Secretary may not enter which affect them, subject to any exclusion from into any contract with a foreign incorporated which is, or but for subsection (b) would be, coverage or limitation on negotiability estab- entity which is treated as an inverted domestic treated as a foreign corporation for purposes of lished by law; and corporation under subsection (b). the Internal Revenue Code of 1986. (4) OTHER DEFINITIONS.—The terms ‘‘person’’, ‘‘(5) permit the use of a category rating system (b) INVERTED DOMESTIC CORPORATION.—For ‘‘domestic’’, and ‘‘foreign’’ have the meanings for evaluating applicants for positions in the purposes of this section, a foreign incorporated competitive service. entity shall be treated as an inverted domestic given such terms by paragraphs (1), (4), and (5) of section 7701 (a) of the Internal Revenue Code ‘‘(c) OTHER NONWAIVABLE PROVISIONS.—The corporation if, pursuant to a plan (or a series of other provisions of this part as referred to in related transactions)— of 1986, respectively. (d) WAIVERS.—The Secretary shall waive sub- subsection (b)(3)(D), are (to the extent not oth- (1) the entity completes after the date of en- section (a) with respect to any specific contract erwise specified in subparagraph (A), (B), (C), actment of this Act, the direct or indirect acqui- if the Secretary determines that the waiver is re- or (D) of subsection (b)(3))— sition of substantially all of the properties held quired in the interest of homeland security, or to ‘‘(1) subparts A, B, E, G, and H of this part; directly or indirectly by a domestic corporation prevent the loss of any jobs in the United States and or substantially all of the properties consti- or prevent the Government from incurring any ‘‘(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and tuting a trade or business of a domestic partner- additional costs that otherwise would not occur. 79, and this chapter. ship; ‘‘(d) LIMITATIONS RELATING TO PAY.—Nothing (2) after the acquisition at least 80 percent of Subtitle E—Human Resources Management in this section shall constitute authority— the stock (by vote or value) of the entity is SEC. 841. ESTABLISHMENT OF HUMAN RE- ‘‘(1) to modify the pay of any employee who held— SOURCES MANAGEMENT SYSTEM. serves in— (A) in the case of an acquisition with respect (a) AUTHORITY.— ‘‘(A) an Executive Schedule position under to a domestic corporation, by former share- (1) SENSE OF CONGRESS.—It is the sense of subchapter II of chapter 53 of title 5, United holders of the domestic corporation by reason of Congress that— States Code; or holding stock in the domestic corporation; or (A) it is extremely important that employees of ‘‘(B) a position for which the rate of basic pay (B) in the case of an acquisition with respect the Department be allowed to participate in a is fixed in statute by reference to a section or to a domestic partnership, by former partners of meaningful way in the creation of any human level under subchapter II of chapter 53 of such the domestic partnership by reason of holding a resources management system affecting them; title 5; capital or profits interest in the domestic part- (B) such employees have the most direct ‘‘(2) to fix pay for any employee or position at nership; and knowledge of the demands of their jobs and an annual rate greater than the maximum

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00029 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.034 H22PT1 H9066 CONGRESSIONAL RECORD — HOUSE November 22, 2002

amount of cash compensation allowable under ‘‘(i) develop a method for each employee rep- (b) EFFECT ON PERSONNEL.— section 5307 of such title 5 in a year; or resentative to participate in any further plan- (1) NONSEPARATION OR NONREDUCTION IN ‘‘(3) to exempt any employee from the applica- ning or development which might become nec- GRADE OR COMPENSATION OF FULL-TIME PER- tion of such section 5307. essary; and SONNEL AND PART-TIME PERSONNEL HOLDING ‘‘(e) PROVISIONS TO ENSURE COLLABORATION ‘‘(ii) give each employee representative ade- PERMANENT POSITIONS.—Except as otherwise WITH EMPLOYEE REPRESENTATIVES.— quate access to information to make that par- provided in this Act, the transfer under this Act ‘‘(1) IN GENERAL.—In order to ensure that the ticipation productive. of full-time personnel (except special Govern- authority of this section is exercised in collabo- ‘‘(2) PROCEDURES.—Any procedures necessary ment employees) and part-time personnel hold- ration with, and in a manner that ensures the to carry out this subsection shall be established ing permanent positions shall not cause any participation of employee representatives in the by the Secretary and the Director jointly as in- such employee to be separated or reduced in planning, development, and implementation of ternal rules of departmental procedure which grade or compensation for 1 year after the date any human resources management system or ad- shall not be subject to review. Such procedures of transfer to the Department. justments to such system under this section, the shall include measures to ensure— (2) POSITIONS COMPENSATED IN ACCORDANCE Secretary of Homeland Security and the Direc- ‘‘(A) in the case of employees within a unit WITH EXECUTIVE SCHEDULE.—Any person who, tor of the Office of Personnel Management shall with respect to which a labor organization is ac- on the day preceding such person’s date of provide for the following: corded exclusive recognition, representation by transfer pursuant to this Act, held a position ‘‘(A) NOTICE OF PROPOSAL.—The Secretary individuals designated or from among individ- compensated in accordance with the Executive and the Director shall, with respect to any pro- uals nominated by such organization; Schedule prescribed in chapter 53 of title 5, posed system or adjustment— ‘‘(B) in the case of any employees who are not United States Code, and who, without a break ‘‘(i) provide to each employee representative within such a unit, representation by any ap- in service, is appointed in the Department to a representing any employees who might be af- propriate organization which represents a sub- position having duties comparable to the duties fected, a written description of the proposed sys- stantial percentage of those employees or, if performed immediately preceding such appoint- tem or adjustment (including the reasons why it none, in such other manner as may be appro- ment shall continue to be compensated in such is considered necessary); priate, consistent with the purposes of the sub- new position at not less than the rate provided ‘‘(ii) give each representative 30 calendar days section; for such position, for the duration of the service (unless extraordinary circumstances require ear- ‘‘(C) the fair and expeditious handling of the of such person in such new position. lier action) to review and make recommenda- consultation and mediation process described in (3) COORDINATION RULE.—Any exercise of au- tions with respect to the proposal; and subparagraph (B) of paragraph (1), including thority under chapter 97 of title 5, United States ‘‘(iii) give any recommendations received from procedures by which, if the number of employee Code (as amended by subsection (a)), including any such representatives under clause (ii) full representatives providing recommendations ex- under any system established under such chap- and fair consideration in deciding whether or ceeds 5, such representatives select a committee ter, shall be in conformance with the require- how to proceed with the proposal. or other unified representative with which the ments of this subsection. ‘‘(B) PRE-IMPLEMENTATION CONGRESSIONAL Secretary and Director may meet and confer; SEC. 842. LABOR-MANAGEMENT RELATIONS. NOTIFICATION, CONSULTATION, AND MEDIATION.— and (a) LIMITATION ON EXCLUSIONARY AUTHOR- Following receipt of recommendations, if any, ‘‘(D) the selection of representatives in a man- ITY.— from employee representatives with respect to a ner consistent with the relative number of em- (1) IN GENERAL.—No agency or subdivision of proposal described in subparagraph (A), the ployees represented by the organizations or an agency which is transferred to the Depart- Secretary and the Director shall accept such other representatives involved. ment pursuant to this Act shall be excluded ‘‘(f) PROVISIONS RELATING TO APPELLATE modifications to the proposal in response to the from the coverage of chapter 71 of title 5, United recommendations as they determine advisable PROCEDURES.— (1) SENSE OF CONGRESS.—It is the sense of States Code, as a result of any order issued and shall, with respect to any parts of the pro- under section 7103(b)(1) of such title 5 after June posal as to which they have not accepted the Congress that— ‘‘(A) employees of the Department are entitled 18, 2002, unless— recommendations— (A) the mission and responsibilities of the ‘‘(i) notify Congress of those parts of the pro- to fair treatment in any appeals that they bring in decisions relating to their employment; and agency (or subdivision) materially change; and posal, together with the recommendations of em- (B) a majority of the employees within such ployee representatives; ‘‘(B) in prescribing regulations for any such appeals procedures, the Secretary and the Di- agency (or subdivision) have as their primary ‘‘(ii) meet and confer for not less than 30 cal- duty intelligence, counterintelligence, or inves- endar days with any representatives who have rector of the Office of Personnel Management— ‘‘(i) should ensure that employees of the De- tigative work directly related to terrorism inves- made recommendations, in order to attempt to tigation. reach agreement on whether or how to proceed partment are afforded the protections of due process; and (2) EXCLUSIONS ALLOWABLE.—Nothing in with those parts of the proposal; and ‘‘(ii) toward that end, should be required to paragraph (1) shall affect the effectiveness of ‘‘(iii) at the Secretary’s option, or if requested consult with the Merit Systems Protection Board any order to the extent that such order excludes by a majority of the employee representatives before issuing any such regulations. any portion of an agency or subdivision of an who have made recommendations, use the serv- ‘‘(2) REQUIREMENTS.—Any regulations under agency as to which— ices of the Federal Mediation and Conciliation this section which relate to any matters within (A) recognition as an appropriate unit has Service during such meet and confer period to the purview of chapter 77— never been conferred for purposes of chapter 71 facilitate the process of attempting to reach ‘‘(A) shall be issued only after consultation of such title 5; or agreement. with the Merit Systems Protection Board; (B) any such recognition has been revoked or ‘‘(C) IMPLEMENTATION.— ‘‘(B) shall ensure the availability of proce- otherwise terminated as a result of a determina- ‘‘(i) Any part of the proposal as to which the dures which shall— tion under subsection (b)(1). representatives do not make a recommendation, ‘‘(i) be consistent with requirements of due (b) PROVISIONS RELATING TO BARGAINING or as to which their recommendations are ac- process; and UNITS.— cepted by the Secretary and the Director, may ‘‘(ii) provide, to the maximum extent prac- (1) LIMITATION RELATING TO APPROPRIATE be implemented immediately. ticable, for the expeditious handling of any mat- UNITS.—Each unit which is recognized as an ap- ‘‘(ii) With respect to any parts of the proposal ters involving the Department; and propriate unit for purposes of chapter 71 of title as to which recommendations have been made ‘‘(C) shall modify procedures under chapter 77 5, United States Code, as of the day before the but not accepted by the Secretary and the Direc- only insofar as such modifications are designed effective date of this Act (and any subdivision of tor, at any time after 30 calendar days have to further the fair, efficient, and expeditious any such unit) shall, if such unit (or subdivi- elapsed since the initiation of the congressional resolution of matters involving the employees of sion) is transferred to the Department pursuant notification, consultation, and mediation proce- the Department. to this Act, continue to be so recognized for such dures set forth in subparagraph (B), if the Sec- ‘‘(g) PROVISIONS RELATING TO LABOR-MAN- purposes, unless— retary determines, in the Secretary’s sole and AGEMENT RELATIONS.—Nothing in this section (A) the mission and responsibilities of such unreviewable discretion, that further consulta- shall be construed as conferring authority on unit (or subdivision) materially change; and tion and mediation is unlikely to produce agree- the Secretary of Homeland Security to modify (B) a majority of the employees within such ment, the Secretary may implement any or all of any of the provisions of section 842 of the Home- unit (or subdivision) have as their primary duty such parts, including any modifications made in land Security Act of 2002. intelligence, counterintelligence, or investigative response to the recommendations as the Sec- ‘‘(h) SUNSET PROVISION.—Effective 5 years work directly related to terrorism investigation. retary determines advisable. after the conclusion of the transition period de- (2) LIMITATION RELATING TO POSITIONS OR EM- ‘‘(iii) The Secretary shall promptly notify fined under section 1501 of the Homeland Secu- PLOYEES.—No position or employee within a Congress of the implementation of any part of rity Act of 2002, all authority to issue regula- unit (or subdivision of a unit) as to which con- the proposal and shall furnish with such notice tions under this section (including regulations tinued recognition is given in accordance with an explanation of the proposal, any changes which would modify, supersede, or terminate paragraph (1) shall be excluded from such unit made to the proposal as a result of recommenda- any regulations previously issued under this (or subdivision), for purposes of chapter 71 of tions from employee representatives, and of the section) shall cease to be available.’’. such title 5, unless the primary job duty of such reasons why implementation is appropriate (3) TECHNICAL AND CONFORMING AMEND- position or employee— under this subparagraph. MENT.—The table of chapters for part III of title (A) materially changes; and ‘‘(D) CONTINUING COLLABORATION.—If a pro- 5, United States Code, is amended by adding at (B) consists of intelligence, counterintel- posal described in subparagraph (A) is imple- the end of the following: ligence, or investigative work directly related to mented, the Secretary and the Director shall— ‘‘97. Department of Homeland Security 9701’’. terrorism investigation.

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In the case of any positions within a unit (or 644(j)) shall be applied as if the maximum antici- (3) OFFICE OF FEDERAL PROCUREMENT POLICY subdivision) which are first established on or pated value identified therein is equal to the ACT.—Paragraphs (1)(B), (1)(D), and (2) of sec- after the effective date of this Act and any em- amounts referred to in subsection (a). tion 18(c) of the Office of Federal Procurement ployees first appointed on or after such date, SEC. 854. INCREASED MICRO-PURCHASE THRESH- Policy Act (41 U.S.C. 416(c)), relating to inappli- the preceding sentence shall be applied dis- OLD FOR CERTAIN PROCUREMENTS. cability of a requirement for procurement notice. regarding subparagraph (A). In the administration of section 32 of the Of- (b) WAIVER OF CERTAIN SMALL BUSINESS (c) WAIVER.—If the President determines that fice of Federal Procurement Policy Act (41 THRESHOLD REQUIREMENTS.—Subclause (II) of the application of subsections (a), (b), and (d) U.S.C. 428) with respect to a procurement re- section 8(a)(1)(D)(i) of the Small Business Act would have a substantial adverse impact on the ferred to in section 852, the amount specified in (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) of sec- ability of the Department to protect homeland subsections (c), (d), and (f) of such section 32 tion 31(b)(2)(A) of such Act (15 U.S.C. security, the President may waive the applica- shall be deemed to be $7,500. 657a(b)(2)(A)) shall not apply in the use of tion of such subsections 10 days after the Presi- SEC. 855. APPLICATION OF CERTAIN COMMER- streamlined acquisition authorities and proce- dent has submitted to Congress a written expla- CIAL ITEMS AUTHORITIES TO CER- dures referred to in paragraphs (1)(A) and nation of the reasons for such determination. TAIN PROCUREMENTS. (2)(A) of subsection (a) for a procurement re- (d) COORDINATION RULE.—No other provision (a) AUTHORITY.— ferred to in section 852. of this Act or of any amendment made by this (1) IN GENERAL.—The head of an executive SEC. 857. REVIEW AND REPORT BY COMPTROLLER Act may be construed or applied in a manner so agency may apply the provisions of law listed in GENERAL. as to limit, supersede, or otherwise affect the paragraph (2) to a procurement referred to in (a) REQUIREMENTS.—Not later than March 31, provisions of this section, except to the extent section 852 without regard to whether the prop- 2004, the Comptroller General shall— that it does so by specific reference to this sec- erty or services are commercial items. (1) complete a review of the extent to which tion. (2) COMMERCIAL ITEM LAWS.—The provisions procurements of property and services have been (e) RULE OF CONSTRUCTION.—Nothing in sec- of law referred to in paragraph (1) are as fol- made in accordance with this subtitle; and tion 9701(e) of title 5, United States Code, shall lows: (2) submit a report on the results of the review be considered to apply with respect to any agen- (A) Sections 31 and 34 of the Office of Federal to the Committee on Governmental Affairs of the cy or subdivision of any agency, which is ex- Procurement Policy Act (41 U.S.C. 427, 430). Senate and the Committee on Government Re- cluded from the coverage of chapter 71 of title 5, (B) Section 2304(g) of title 10, United States form of the House of Representatives. United States Code, by virtue of an order issued Code. (b) CONTENT OF REPORT.—The report under in accordance with section 7103(b) of such title (C) Section 303(g) of the Federal Property and subsection (a)(2) shall include the following and the preceding provisions of this section (as Administrative Services Act of 1949 (41 U.S.C. matters: applicable), or to any employees of any such 253(g)). (1) ASSESSMENT.—The Comptroller General’s agency or subdivision or to any individual or (b) INAPPLICABILITY OF LIMITATION ON USE OF assessment of— entity representing any such employees or any SIMPLIFIED ACQUISITION PROCEDURES.— (A) the extent to which property and services representatives thereof. (1) IN GENERAL.—The $5,000,000 limitation pro- procured in accordance with this title have con- Subtitle F—Federal Emergency Procurement vided in section 31(a)(2) of the Office of Federal tributed to the capacity of the workforce of Fed- Flexibility Procurement Policy Act (41 U.S.C. 427(a)(2)), eral Government employees within each execu- SEC. 851. DEFINITION. section 2304(g)(1)(B) of title 10, United States tive agency to carry out the mission of the exec- In this subtitle, the term ‘‘executive agency’’ Code, and section 303(g)(1)(B) of the Federal utive agency; and has the meaning given that term under section Property and Administrative Services Act of 1949 (B) the extent to which Federal Government 4(1) of the Office of Federal Procurement Policy (41 U.S.C. 253(g)(1)(B)) shall not apply to pur- employees have been trained on the use of tech- Act (41 U.S.C. 403(1)). chases of property or services to which any of nology. the provisions of law referred to in subsection SEC. 852. PROCUREMENTS FOR DEFENSE (2) RECOMMENDATIONS.—Any recommenda- AGAINST OR RECOVERY FROM TER- (a) are applied under the authority of this sections of the Comptroller General resulting from RORISM OR NUCLEAR, BIOLOGICAL, tion. the assessment described in paragraph (1). CHEMICAL, OR RADIOLOGICAL AT- (2) OMB GUIDANCE.—The Director of the Of- (c) CONSULTATION.—In preparing for the re- TACK. fice of Management and Budget shall issue view under subsection (a)(1), the Comptroller The authorities provided in this subtitle apply guidance and procedures for the use of sim- shall consult with the Committee on Govern- to any procurement of property or services by or plified acquisition procedures for a purchase of mental Affairs of the Senate and the Committee for an executive agency that, as determined by property or services in excess of $5,000,000 under on Government Reform of the House of Rep- the head of the executive agency, are to be used the authority of this section. resentatives on the specific issues and topics to to facilitate defense against or recovery from (c) CONTINUATION OF AUTHORITY FOR SIM- be reviewed. The extent of coverage needed in terrorism or nuclear, biological, chemical, or ra- PLIFIED PURCHASE PROCEDURES.—Authority areas such as technology integration, employee diological attack, but only if a solicitation of of- under a provision of law referred to in sub- training, and human capital management, as fers for the procurement is issued during the 1- section (a)(2) that expires under section 4202(e) well as the data requirements of the study, shall year period beginning on the date of the enact- of the Clinger-Cohen Act of 1996 (divisions D be included as part of the consultation. ment of this Act. and E of Public Law 104–106; 10 U.S.C. 2304 SEC. 858. IDENTIFICATION OF NEW ENTRANTS SEC. 853. INCREASED SIMPLIFIED ACQUISITION note) shall, notwithstanding such section, con- INTO THE FEDERAL MARKETPLACE. THRESHOLD FOR PROCUREMENTS tinue to apply for use by the head of an execu- The head of each executive agency shall con- IN SUPPORT OF HUMANITARIAN OR tive agency as provided in subsections (a) and duct market research on an ongoing basis to PEACEKEEPING OPERATIONS OR (b). CONTINGENCY OPERATIONS. identify effectively the capabilities, including SEC. 856. USE OF STREAMLINED PROCEDURES. (a) TEMPORARY THRESHOLD AMOUNTS.—For a the capabilities of small businesses and new en- procurement referred to in section 852 that is (a) REQUIRED USE.—The head of an executive trants into Federal contracting, that are avail- carried out in support of a humanitarian or agency shall, when appropriate, use streamlined able in the marketplace for meeting the require- peacekeeping operation or a contingency oper- acquisition authorities and procedures author- ments of the executive agency in furtherance of ation, the simplified acquisition threshold defi- ized by law for a procurement referred to in sec- defense against or recovery from terrorism or nitions shall be applied as if the amount deter- tion 852, including authorities and procedures nuclear, biological, chemical, or radiological at- mined under the exception provided for such an that are provided under the following provisions tack. The head of the executive agency shall, to operation in those definitions were— of law: the maximum extent practicable, take advantage (1) in the case of a contract to be awarded (1) FEDERAL PROPERTY AND ADMINISTRATIVE of commercially available market research meth- and performed, or purchase to be made, inside SERVICES ACT OF 1949.—In title III of the Federal ods, including use of commercial databases, to the United States, $200,000; or Property and Administrative Services Act of carry out the research. (2) in the case of a contract to be awarded 1949: Subtitle G—Support Anti-terrorism by and performed, or purchase to be made, outside (A) Paragraphs (1), (2), (6), and (7) of sub- Fostering Effective Technologies Act of 2002 the United States, $300,000. section (c) of section 303 (41 U.S.C. 253), relating SEC. 861. SHORT TITLE. (b) SIMPLIFIED ACQUISITION THRESHOLD DEFI- to use of procedures other than competitive pro- This subtitle may be cited as the ‘‘Support NITIONS.—In this section, the term ‘‘simplified cedures under certain circumstances (subject to Anti-terrorism by Fostering Effective Tech- acquisition threshold definitions’’ means the fol- subsection (e) of such section). nologies Act of 2002’’ or the ‘‘SAFETY Act’’. lowing: (B) Section 303J (41 U.S.C. 253j), relating to (1) Section 4(11) of the Office of Federal Pro- orders under task and delivery order contracts. SEC. 862. ADMINISTRATION. curement Policy Act (41 U.S.C. 403(11)). (2) TITLE 10, UNITED STATES CODE.—In chapter (a) IN GENERAL.—The Secretary shall be re- (2) Section 309(d) of the Federal Property and 137 of title 10, United States Code: sponsible for the administration of this subtitle. Administrative Services Act of 1949 (41 U.S.C. (A) Paragraphs (1), (2), (6), and (7) of sub- (b) DESIGNATION OF QUALIFIED ANTI-TER- 259(d)). section (c) of section 2304, relating to use of pro- RORISM TECHNOLOGIES.—The Secretary may des- (3) Section 2302(7) of title 10, United States cedures other than competitive procedures under ignate anti-terrorism technologies that qualify Code. certain circumstances (subject to subsection (e) for protection under the system of risk manage- (c) SMALL BUSINESS RESERVE.—For a procure- of such section). ment set forth in this subtitle in accordance ment carried out pursuant to subsection (a), sec- (B) Section 2304c, relating to orders under with criteria that shall include, but not be lim- tion 15(j) of the Small Business Act (15 U.S.C. task and delivery order contracts. ited to, the following:

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00031 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.035 H22PT1 H9068 CONGRESSIONAL RECORD — HOUSE November 22, 2002 (1) Prior United States government use or pensation, if any, that the plaintiff has received addition to the Seller, protect the following, to demonstrated substantial utility and effective- or is entitled to receive as a result of such acts the extent of their potential liability for involve- ness. of terrorism that result or may result in loss to ment in the manufacture, qualification, sale, (2) Availability of the technology for imme- the Seller. use, or operation of qualified anti-terrorism diate deployment in public and private settings. (d) GOVERNMENT CONTRACTOR DEFENSE.— technologies deployed in defense against or re- (3) Existence of extraordinarily large or ex- (1) IN GENERAL.—Should a product liability or sponse or recovery from an act of terrorism: traordinarily unquantifiable potential third other lawsuit be filed for claims arising out of, (A) contractors, subcontractors, suppliers, party liability risk exposure to the Seller or relating to, or resulting from an act of terrorism vendors and customers of the Seller. other provider of such anti-terrorism tech- when qualified anti-terrorism technologies ap- (B) contractors, subcontractors, suppliers, and nology. proved by the Secretary, as provided in para- vendors of the customer. (4) Substantial likelihood that such anti-ter- graphs (2) and (3) of this subsection, have been (4) THIRD PARTY CLAIMS.—Such liability in- rorism technology will not be deployed unless deployed in defense against or response or re- surance under this section shall provide cov- protections under the system of risk manage- covery from such act and such claims result or erage against third party claims arising out of, ment provided under this subtitle are extended. may result in loss to the Seller, there shall be a relating to, or resulting from the sale or use of anti-terrorism technologies. (5) Magnitude of risk exposure to the public if rebuttable presumption that the government (b) RECIPROCAL WAIVER OF CLAIMS.—The such anti-terrorism technology is not deployed. contractor defense applies in such lawsuit. This presumption shall only be overcome by evidence Seller shall enter into a reciprocal waiver of (6) Evaluation of all scientific studies that can claims with its contractors, subcontractors, sup- be feasibly conducted in order to assess the ca- showing that the Seller acted fraudulently or with willful misconduct in submitting informa- pliers, vendors and customers, and contractors pability of the technology to substantially re- and subcontractors of the customers, involved in duce risks of harm. tion to the Secretary during the course of the Secretary’s consideration of such technology the manufacture, sale, use or operation of quali- (7) Anti-terrorism technology that would be fied anti-terrorism technologies, under which under this subsection. This presumption of the effective in facilitating the defense against acts each party to the waiver agrees to be responsible government contractor defense shall apply re- of terrorism, including technologies that pre- for losses, including business interruption losses, gardless of whether the claim against the Seller vent, defeat or respond to such acts. that it sustains, or for losses sustained by its arises from a sale of the product to Federal Gov- (c) REGULATIONS.—The Secretary may issue own employees resulting from an activity result- ernment or non-Federal Government customers. such regulations, after notice and comment in ing from an act of terrorism when qualified (2) EXCLUSIVE RESPONSIBILITY.—The Secretary accordance with section 553 of title 5, United anti-terrorism technologies have been deployed States, Code, as may be necessary to carry out will be exclusively responsible for the review and approval of anti-terrorism technology for in defense against or response or recovery from this subtitle. such act. purposes of establishing a government con- SEC. 863. LITIGATION MANAGEMENT. (c) EXTENT OF LIABILITY.—Notwithstanding tractor defense in any product liability lawsuit (a) FEDERAL CAUSE OF ACTION.— any other provision of law, liability for all for claims arising out of, relating to, or resulting (1) IN GENERAL.—There shall exist a Federal claims against a Seller arising out of, relating from an act of terrorism when qualified anti-ter- cause of action for claims arising out of, relat- to, or resulting from an act of terrorism when rorism technologies approved by the Secretary, ing to, or resulting from an act of terrorism qualified anti-terrorism technologies have been as provided in this paragraph and paragraph when qualified anti-terrorism technologies have deployed in defense against or response or re- (3), have been deployed in defense against or re- been deployed in defense against or response or covery from such act and such claims result or sponse or recovery from such act and such recovery from such act and such claims result or may result in loss to the Seller, whether for com- claims result or may result in loss to the Seller. may result in loss to the Seller. The substantive pensatory or punitive damages or for contribu- Upon the Seller’s submission to the Secretary for law for decision in any such action shall be de- tion or indemnity, shall not be in an amount approval of anti-terrorism technology, the Sec- rived from the law, including choice of law prin- greater than the limits of liability insurance retary will conduct a comprehensive review of ciples, of the State in which such acts of ter- coverage required to be maintained by the Seller the design of such technology and determine rorism occurred, unless such law is inconsistent under this section. whether it will perform as intended, conforms to with or preempted by Federal law. Such Federal SEC. 865. DEFINITIONS. the Seller’s specifications, and is safe for use as cause of action shall be brought only for claims For purposes of this subtitle, the following intended. The Seller will conduct safety and for injuries that are proximately caused by sell- definitions apply: hazard analyses on such technology and will ers that provide qualified anti-terrorism tech- (1) QUALIFIED ANTI-TERRORISM TECH- supply the Secretary with all such information. nology to Federal and non-Federal government NOLOGY.—For purposes of this subtitle, the term (3) CERTIFICATE.—For anti-terrorism tech- customers. ‘‘qualified anti-terrorism technology’’ means nology reviewed and approved by the Secretary, any product, equipment, service (including sup- (2) JURISDICTION.—Such appropriate district the Secretary will issue a certificate of conform- court of the United States shall have original port services), device, or technology (including ance to the Seller and place the anti-terrorism information technology) designed, developed, and exclusive jurisdiction over all actions for technology on an Approved Product List for any claim for loss of property, personal injury, modified, or procured for the specific purpose of Homeland Security. preventing, detecting, identifying, or deterring or death arising out of, relating to, or resulting (e) EXCLUSION.—Nothing in this section shall acts of terrorism or limiting the harm such acts from an act of terrorism when qualified anti-ter- in any way limit the ability of any person to might otherwise cause, that is designated as rorism technologies have been deployed in de- seek any form of recovery from any person, gov- such by the Secretary. fense against or response or recovery from such ernment, or other entity that— (2) ACT OF TERRORISM.—(A) The term ‘‘act of act and such claims result or may result in loss (1) attempts to commit, knowingly participates terrorism’’ means any act that the Secretary de- to the Seller. in, aids and abets, or commits any act of ter- termines meets the requirements under subpara- (b) SPECIAL RULES.—In an action brought rorism, or any criminal act related to or result- graph (B), as such requirements are further de- under this section for damages the following ing from such act of terrorism; or fined and specified by the Secretary. provisions apply: (2) participates in a conspiracy to commit any (B) REQUIREMENTS.—An act meets the require- (1) PUNITIVE DAMAGES.—No punitive damages such act of terrorism or any such criminal act. intended to punish or deter, exemplary damages, ments of this subparagraph if the act— SEC. 864. RISK MANAGEMENT. (i) is unlawful; or other damages not intended to compensate a (a) IN GENERAL.— (ii) causes harm to a person, property, or enti- plaintiff for actual losses may be awarded, nor (1) LIABILITY INSURANCE REQUIRED.—Any per- ty, in the United States, or in the case of a do- shall any party be liable for interest prior to the son or entity that sells or otherwise provides a mestic United States air carrier or a United judgment. qualified anti-terrorism technology to Federal States-flag vessel (or a vessel based principally (2) NONECONOMIC DAMAGES.— and non-Federal government customers in the United States on which United States in- (A) IN GENERAL.—Noneconomic damages may (‘‘Seller’’) shall obtain liability insurance of come tax is paid and whose insurance coverage be awarded against a defendant only in an such types and in such amounts as shall be re- is subject to regulation in the United States), in amount directly proportional to the percentage quired in accordance with this section and cer- or outside the United States; and of responsibility of such defendant for the harm tified by the Secretary to satisfy otherwise com- (iii) uses or attempts to use instrumentalities, to the plaintiff, and no plaintiff may recover pensable third-party claims arising out of, relat- weapons or other methods designed or intended noneconomic damages unless the plaintiff suf- ing to, or resulting from an act of terrorism to cause mass destruction, injury or other loss to fered physical harm. when qualified anti-terrorism technologies have citizens or institutions of the United States. (B) DEFINITION.—For purposes of subpara- been deployed in defense against or response or (3) INSURANCE CARRIER.—The term ‘‘insurance graph (A), the term ‘‘noneconomic damages’’ recovery from such act. carrier’’ means any corporation, association, so- means damages for losses for physical and emo- (2) MAXIMUM AMOUNT.—For the total claims ciety, order, firm, company, mutual, partner- tional pain, suffering, inconvenience, physical related to 1 such act of terrorism, the Seller is ship, individual aggregation of individuals, or impairment, mental anguish, disfigurement, loss not required to obtain liability insurance of any other legal entity that provides commercial of enjoyment of life, loss of society and compan- more than the maximum amount of liability in- property and casualty insurance. Such term in- ionship, loss of consortium, hedonic damages, surance reasonably available from private cludes any affiliates of a commercial insurance injury to reputation, and any other nonpecu- sources on the world market at prices and terms carrier. niary losses. that will not unreasonably distort the sales (4) LIABILITY INSURANCE.— (c) COLLATERAL SOURCES.—Any recovery by a price of Seller’s anti-terrorism technologies. (A) IN GENERAL.—The term ‘‘liability insur- plaintiff in an action under this section shall be (3) SCOPE OF COVERAGE.—Liability insurance ance’’ means insurance for legal liabilities in- reduced by the amount of collateral source com- obtained pursuant to this subsection shall, in curred by the insured resulting from—

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00032 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.035 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9069 (i) loss of or damage to property of others; accepted, used, or disposed of unless specifically SEC. 878. COUNTERNARCOTICS OFFICER. (ii) ensuing loss of income or extra expense in- permitted in advance in an appropriations Act The Secretary shall appoint a senior official curred because of loss of or damage to property and only under the conditions and for the pur- in the Department to assume primary responsi- of others; poses specified in such appropriations Act. bility for coordinating policy and operations (iii) bodily injury (including) to persons other (c) BUDGET REQUEST.—Under section 1105 of within the Department and between the Depart- than the insured or its employees; or title 31, United States Code, the President shall ment and other Federal departments and agen- (iv) loss resulting from debt or default of an- submit to Congress a detailed budget request for cies with respect to interdicting the entry of ille- other. the Department for fiscal year 2004, and for gal drugs into the United States, and tracking (5) LOSS.—The term ‘‘loss’’ means death, bod- each subsequent fiscal year. and severing connections between illegal drug ily injury, or loss of or damage to property, in- SEC. 874. FUTURE YEAR HOMELAND SECURITY trafficking and terrorism. Such official shall— cluding business interruption loss. PROGRAM. (1) ensure the adequacy of resources within (6) NON-FEDERAL GOVERNMENT CUSTOMERS.— (a) IN GENERAL.—Each budget request sub- the Department for illicit drug interdiction; and The term ‘‘non-Federal Government customers’’ mitted to Congress for the Department under (2) serve as the United States Interdiction Co- means any customer of a Seller that is not an section 1105 of title 31, United States Code, ordinator for the Director of National Drug agency or instrumentality of the United States shall, at or about the same time, be accompanied Control Policy. Government with authority under Public Law by a Future Years Homeland Security Program. SEC. 879. OFFICE OF INTERNATIONAL AFFAIRS. 85-804 to provide for indemnification under cer- (b) CONTENTS.—The Future Years Homeland (a) ESTABLISHMENT.—There is established tain circumstances for third-party claims Security Program under subsection (a) shall be within the Office of the Secretary an Office of against its contractors, including but not limited structured, and include the same type of infor- International Affairs. The Office shall be head- to State and local authorities and commercial mation and level of detail, as the Future Years ed by a Director, who shall be a senior official entities. Defense Program submitted to Congress by the appointed by the Secretary. Subtitle H—Miscellaneous Provisions Department of Defense under section 221 of title (b) DUTIES OF THE DIRECTOR.—The Director SEC. 871. ADVISORY COMMITTEES. 10, United States Code. shall have the following duties: (a) IN GENERAL.—The Secretary may estab- (c) EFFECTIVE DATE.—This section shall take (1) To promote information and education ex- lish, appoint members of, and use the services effect with respect to the preparation and sub- change with nations friendly to the United of, advisory committees, as the Secretary may mission of the fiscal year 2005 budget request for States in order to promote sharing of best prac- deem necessary. An advisory committee estab- the Department and for any subsequent fiscal tices and technologies relating to homeland se- lished under this section may be exempted by year, except that the first Future Years Home- curity. Such exchange shall include the fol- the Secretary from Public Law 92–463, but the land Security Program shall be submitted not lowing: Secretary shall publish notice in the Federal later than 90 days after the Department’s fiscal (A) Exchange of information on research and Register announcing the establishment of such a year 2005 budget request is submitted to Con- development on homeland security technologies. committee and identifying its purpose and mem- gress. (B) Joint training exercises of first responders. bership. Notwithstanding the preceding sen- SEC. 875. MISCELLANEOUS AUTHORITIES. (C) Exchange of expertise on terrorism preven- tence, members of an advisory committee that is (a) SEAL.—The Department shall have a seal, tion, response, and crisis management. exempted by the Secretary under the preceding whose design is subject to the approval of the (2) To identify areas for homeland security in- sentence who are special Government employees President. formation and training exchange where the (as that term is defined in section 202 of title 18, (b) PARTICIPATION OF MEMBERS OF THE United States has a demonstrated weakness and United States Code) shall be eligible for certifi- ARMED FORCES.—With respect to the Depart- another friendly nation or nations have a dem- cations under subsection (b)(3) of section 208 of ment, the Secretary shall have the same au- onstrated expertise. title 18, United States Code, for official actions thorities that the Secretary of Transportation (3) To plan and undertake international con- taken as a member of such advisory committee. has with respect to the Department of Transpor- ferences, exchange programs, and training ac- (b) TERMINATION.—Any advisory committee tation under section 324 of title 49, United States tivities. established by the Secretary shall terminate 2 Code. (4) To manage international activities within years after the date of its establishment, unless (c) REDELEGATION OF FUNCTIONS.—Unless the Department in coordination with other Fed- the Secretary makes a written determination to otherwise provided in the delegation or by law, eral officials with responsibility for counter-ter- extend the advisory committee to a specified any function delegated under this Act may be rorism matters. date, which shall not be more than 2 years after redelegated to any subordinate. SEC. 880. PROHIBITION OF THE TERRORISM IN- the date on which such determination is made. SEC. 876. MILITARY ACTIVITIES. FORMATION AND PREVENTION SYS- TEM. The Secretary may make any number of subse- Nothing in this Act shall confer upon the Sec- Any and all activities of the Federal Govern- quent extensions consistent with this subsection. retary any authority to engage in warfighting, the military defense of the United States, or ment to implement the proposed component pro- SEC. 872. REORGANIZATION. other military activities, nor shall anything in gram of the Citizen Corps known as Operation (a) REORGANIZATION.—The Secretary may al- this Act limit the existing authority of the De- TIPS (Terrorism Information and Prevention locate or reallocate functions among the officers partment of Defense or the Armed Forces to en- System) are hereby prohibited. of the Department, and may establish, consoli- gage in warfighting, the military defense of the SEC. 881. REVIEW OF PAY AND BENEFIT PLANS. date, alter, or discontinue organizational units United States, or other military activities. Notwithstanding any other provision of this within the Department, but only— (1) pursuant to section 1502(b); or SEC. 877. REGULATORY AUTHORITY AND PREEMP- Act, the Secretary shall, in consultation with (2) after the expiration of 60 days after pro- TION. the Director of the Office of Personnel Manage- viding notice of such action to the appropriate (a) REGULATORY AUTHORITY.—Except as oth- ment, review the pay and benefit plans of each congressional committees, which shall include erwise provided in sections 306(c), 862(c), and agency whose functions are transferred under an explanation of the rationale for the action. 1706(b), this Act vests no new regulatory author- this Act to the Department and, within 90 days (b) LIMITATIONS.— ity in the Secretary or any other Federal offi- after the date of enactment, submit a plan to the (1) IN GENERAL.—Authority under subsection cial, and transfers to the Secretary or another President of the Senate and the Speaker of the (a)(1) does not extend to the abolition of any Federal official only such regulatory authority House of Representatives and the appropriate agency, entity, organizational unit, program, or as exists on the date of enactment of this Act committees and subcommittees of Congress, for function established or required to be main- within any agency, program, or function trans- ensuring, to the maximum extent practicable, tained by this Act. ferred to the Department pursuant to this Act, the elimination of disparities in pay and bene- (2) ABOLITIONS.—Authority under subsection or that on such date of enactment is exercised fits throughout the Department, especially (a)(2) does not extend to the abolition of any by another official of the executive branch with among law enforcement personnel, that are in- agency, entity, organizational unit, program, or respect to such agency, program, or function. consistent with merit system principles set forth function established or required to be main- Any such transferred authority may not be exer- in section 2301 of title 5, United States Code. tained by statute. cised by an official from whom it is transferred SEC. 882. OFFICE FOR NATIONAL CAPITAL RE- SEC. 873. USE OF APPROPRIATED FUNDS. upon transfer of such agency, program, or func- GION COORDINATION. (a) DISPOSAL OF PROPERTY.— tion to the Secretary or another Federal official (a) ESTABLISHMENT.— (1) STRICT COMPLIANCE.—If specifically au- pursuant to this Act. This Act may not be con- (1) IN GENERAL.—There is established within thorized to dispose of real property in this or strued as altering or diminishing the regulatory the Office of the Secretary the Office of Na- any other Act, the Secretary shall exercise this authority of any other executive agency, except tional Capital Region Coordination, to oversee authority in strict compliance with section 204 to the extent that this Act transfers such au- and coordinate Federal programs for and rela- of the Federal Property and Administrative thority from the agency. tionships with State, local, and regional au- Services Act of 1949 (40 U.S.C. 485). (b) PREEMPTION OF STATE OR LOCAL LAW.— thorities in the National Capital Region, as de- (2) DEPOSIT OF PROCEEDS.—The Secretary Except as otherwise provided in this Act, this fined under section 2674(f)(2) of title 10, United shall deposit the proceeds of any exercise of Act preempts no State or local law, except that States Code. property disposal authority into the miscella- any authority to preempt State or local law (2) DIRECTOR.—The Office established under neous receipts of the Treasury in accordance vested in any Federal agency or official trans- paragraph (1) shall be headed by a Director, with section 3302(b) of title 31, United States ferred to the Department pursuant to this Act who shall be appointed by the Secretary. Code. shall be transferred to the Department effective (3) COOPERATION.—The Secretary shall co- (b) GIFTS.—Gifts or donations of services or on the date of the transfer to the Department of operate with the Mayor of the District of Colum- property of or for the Department may not be that Federal agency or official. bia, the Governors of Maryland and Virginia,

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00033 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.035 H22PT1 H9070 CONGRESSIONAL RECORD — HOUSE November 22, 2002 and other State, local, and regional officers in spect to the training of personnel to carry out Human Services has declared the existence of a the National Capital Region to integrate the that authority or the duties of that transferred public health emergency under section 319(a) of District of Columbia, Maryland, and Virginia agency. the Public Health Service Act (42 U.S.C. into the planning, coordination, and execution (b) CONTINUITY OF OPERATIONS.—All activities 247d(a)), the Secretary of Health and Human of the activities of the Federal Government for of the Federal Law Enforcement Training Cen- Services shall keep relevant agencies, including the enhancement of domestic preparedness ter transferred to the Department of Homeland the Department of Homeland Security, the De- against the consequences of terrorist attacks. Security under this Act shall continue to be car- partment of Justice, and the Federal Bureau of (b) RESPONSIBILITIES.—The Office established ried out at the locations such activities were Investigation, fully and currently informed. under subsection (a)(1) shall— carried out before such transfer. (3) POTENTIAL PUBLIC HEALTH EMERGENCY.— (1) coordinate the activities of the Department SEC. 885. JOINT INTERAGENCY TASK FORCE. In cases involving, or potentially involving, a relating to the National Capital Region, includ- (a) ESTABLISHMENT.—The Secretary may es- public health emergency, but in which no deter- ing cooperation with the Office for State and tablish and operate a permanent Joint Inter- mination of an emergency by the Secretary of Local Government Coordination; agency Homeland Security Task Force composed Health and Human Services under section 319(a) (2) assess, and advocate for, the resources of representatives from military and civilian of the Public Health Service Act (42 U.S.C. needed by State, local, and regional authorities agencies of the United States Government for 247d(a)), has been made, all relevant agencies, in the National Capital Region to implement ef- the purposes of anticipating terrorist threats including the Department of Homeland Secu- forts to secure the homeland; against the United States and taking appro- rity, the Department of Justice, and the Federal (3) provide State, local, and regional authori- priate actions to prevent harm to the United Bureau of Investigation, shall keep the Sec- ties in the National Capital Region with regular States. retary of Health and Human Services and the information, research, and technical support to (b) STRUCTURE.—It is the sense of Congress Director of the Centers for Disease Control and assist the efforts of State, local, and regional that the Secretary should model the Joint Inter- Prevention fully and currently informed. authorities in the National Capital Region in se- agency Homeland Security Task Force on the SEC. 888. PRESERVING COAST GUARD MISSION curing the homeland; approach taken by the Joint Interagency Task PERFORMANCE. (4) develop a process for receiving meaningful Forces for drug interdiction at Key West, Flor- (a) DEFINITIONS.—In this section: input from State, local, and regional authorities ida and Alameda, California, to the maximum (1) NON-HOMELAND SECURITY MISSIONS.—The and the private sector in the National Capital extent feasible and appropriate. term ‘‘non-homeland security missions’’ means Region to assist in the development of the home- SEC. 886. SENSE OF CONGRESS REAFFIRMING the following missions of the Coast Guard: land security plans and activities of the Federal THE CONTINUED IMPORTANCE AND (A) Marine safety. Government; APPLICABILITY OF THE POSSE COM- (B) Search and rescue. (5) coordinate with Federal agencies in the ITATUS ACT. (C) Aids to navigation. National Capital Region on terrorism prepared- (a) FINDINGS.—Congress finds the following: (D) Living marine resources (fisheries law en- (1) Section 1385 of title 18, United States Code ness, to ensure adequate planning, information forcement). sharing, training, and execution of the Federal (commonly known as the ‘‘Posse Comitatus (E) Marine environmental protection. role in domestic preparedness activities; Act’’), prohibits the use of the Armed Forces as (F) Ice operations. (6) coordinate with Federal, State, local, and a posse comitatus to execute the laws except in (2) HOMELAND SECURITY MISSIONS.—The term regional agencies, and the private sector in the cases and under circumstances expressly au- ‘‘homeland security missions’’ means the fol- National Capital Region on terrorism prepared- thorized by the Constitution or Act of Congress. lowing missions of the Coast Guard: ness to ensure adequate planning, information (2) Enacted in 1878, the Posse Comitatus Act (A) Ports, waterways and coastal security. sharing, training, and execution of domestic was expressly intended to prevent United States (B) Drug interdiction. preparedness activities among these agencies Marshals, on their own initiative, from calling (C) Migrant interdiction. and entities; and on the Army for assistance in enforcing Federal (D) Defense readiness. (7) serve as a liaison between the Federal Gov- law. (E) Other law enforcement. (3) The Posse Comitatus Act has served the ernment and State, local, and regional authori- (b) TRANSFER.—There are transferred to the Nation well in limiting the use of the Armed ties, and private sector entities in the National Department the authorities, functions, per- Forces to enforce the law. Capital Region to facilitate access to Federal sonnel, and assets of the Coast Guard, which (4) Nevertheless, by its express terms, the shall be maintained as a distinct entity within grants and other programs. Posse Comitatus Act is not a complete barrier to (c) ANNUAL REPORT.—The Office established the Department, including the authorities and the use of the Armed Forces for a range of do- under subsection (a) shall submit an annual re- functions of the Secretary of Transportation re- mestic purposes, including law enforcement port to Congress that includes— lating thereto. functions, when the use of the Armed Forces is (1) the identification of the resources required (c) MAINTENANCE OF STATUS OF FUNCTIONS authorized by Act of Congress or the President to fully implement homeland security efforts in AND ASSETS.—Notwithstanding any other provi- determines that the use of the Armed Forces is the National Capital Region; sion of this Act, the authorities, functions, and required to fulfill the President’s obligations (2) an assessment of the progress made by the capabilities of the Coast Guard to perform its under the Constitution to respond promptly in National Capital Region in implementing home- missions shall be maintained intact and without time of war, insurrection, or other serious emer- land security efforts; and significant reduction after the transfer of the (3) recommendations to Congress regarding gency. Coast Guard to the Department, except as speci- (5) Existing laws, including chapter 15 of title the additional resources needed to fully imple- fied in subsequent Acts. 10, United States Code (commonly known as the ment homeland security efforts in the National (d) CERTAIN TRANSFERS PROHIBITED.—No mis- ‘‘Insurrection Act’’), and the Robert T. Stafford Capital Region. sion, function, or asset (including for purposes Disaster Relief and Emergency Assistance Act (d) LIMITATION.—Nothing contained in this of this subsection any ship, aircraft, or heli- (42 U.S.C. 5121 et seq.), grant the President section shall be construed as limiting the power copter) of the Coast Guard may be diverted to broad powers that may be invoked in the event of State and local governments. the principal and continuing use of any other of domestic emergencies, including an attack organization, unit, or entity of the Department, SEC. 883. REQUIREMENT TO COMPLY WITH LAWS against the Nation using weapons of mass de- PROTECTING EQUAL EMPLOYMENT except for details or assignments that do not re- struction, and these laws specifically authorize OPPORTUNITY AND PROVIDING duce the Coast Guard’s capability to perform its WHISTLEBLOWER PROTECTIONS. the President to use the Armed Forces to help missions. restore public order. Nothing in this Act shall be construed as ex- (e) CHANGES TO MISSIONS.— (b) SENSE OF CONGRESS.—Congress reaffirms empting the Department from requirements ap- (1) PROHIBITION.—The Secretary may not sub- the continued importance of section 1385 of title plicable with respect to executive agencies— stantially or significantly reduce the missions of 18, United States Code, and it is the sense of (1) to provide equal employment protection for the Coast Guard or the Coast Guard’s capability Congress that nothing in this Act should be con- employees of the Department (including pursu- to perform those missions, except as specified in strued to alter the applicability of such section ant to the provisions in section 2302(b)(1) of title subsequent Acts. to any use of the Armed Forces as a posse com- 5, United States Code, and the Notification and (2) WAIVER.—The Secretary may waive the re- Federal Employee Antidiscrimination and Retal- itatus to execute the laws. strictions under paragraph (1) for a period of iation Act of 2002 (Pub. L. 107–174)); or SEC. 887. COORDINATION WITH THE DEPART- not to exceed 90 days upon a declaration and (2) to provide whistleblower protections for MENT OF HEALTH AND HUMAN SERVICES UNDER THE PUBLIC certification by the Secretary to Congress that a employees of the Department (including pursu- HEALTH SERVICE ACT. clear, compelling, and immediate need exists for ant to the provisions in section 2302(b)(8) and (a) IN GENERAL.—The annual Federal re- such a waiver. A certification under this para- (9) of such title and the Notification and Fed- sponse plan developed by the Department shall graph shall include a detailed justification for eral Employee Antidiscrimination and Retalia- be consistent with section 319 of the Public the declaration and certification, including the tion Act of 2002). Health Service Act (42 U.S.C. 247d). reasons and specific information that dem- SEC. 884. FEDERAL LAW ENFORCEMENT TRAIN- (b) DISCLOSURES AMONG RELEVANT AGEN- onstrate that the Nation and the Coast Guard ING CENTER. CIES.— cannot respond effectively if the restrictions (a) IN GENERAL.—The transfer of an authority (1) IN GENERAL.—Full disclosure among rel- under paragraph (1) are not waived. or an agency under this Act to the Department evant agencies shall be made in accordance with (f) ANNUAL REVIEW.— of Homeland Security does not affect training this subsection. (1) IN GENERAL.—The Inspector General of the agreements already entered into with the Fed- (2) PUBLIC HEALTH EMERGENCY.—During the Department shall conduct an annual review eral Law Enforcement Training Center with re- period in which the Secretary of Health and that shall assess thoroughly the performance by

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00034 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.035 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9071 the Coast Guard of all missions of the Coast ‘Annual Report to Congress on Combatting Ter- (9) The Federal Government and State and Guard (including non-homeland security mis- rorism’, the term ‘homeland security’ refers to local governments and agencies in other juris- sions and homeland security missions) with a those activities that detect, deter, protect dictions may benefit from such information. particular emphasis on examining the non- against, and respond to terrorist attacks occur- (10) Federal, State, and local governments and homeland security missions. ring within the United States and its territories. intelligence, law enforcement, and other emer- (2) REPORT.—The report under this paragraph ‘‘(C) In implementing this paragraph, includ- gency preparation and response agencies must shall be submitted to— ing determining what Federal activities or ac- act in partnership to maximize the benefits of (A) the Committee on Governmental Affairs of counts constitute homeland security for pur- information gathering and analysis to prevent the Senate; poses of budgetary classification, the Office of and respond to terrorist attacks. (B) the Committee on Government Reform of Management and Budget is directed to consult (11) Information systems, including the Na- the House of Representatives; periodically, but at least annually, with the tional Law Enforcement Telecommunications (C) the Committees on Appropriations of the House and Senate Budget Committees, the System and the Terrorist Threat Warning Sys- Senate and the House of Representatives; House and Senate Appropriations Committees, tem, have been established for rapid sharing of (D) the Committee on Commerce, Science, and and the Congressional Budget Office.’’. classified and sensitive but unclassified informa- Transportation of the Senate; and (b) REPEAL OF DUPLICATIVE REPORTS.—The tion among Federal, State, and local entities. (E) the Committee on Transportation and In- following sections are repealed: (12) Increased efforts to share homeland secu- frastructure of the House of Representatives. (1) Section 1051 of Public Law 105–85. rity information should avoid duplicating exist- (g) DIRECT REPORTING TO SECRETARY.—Upon (2) Section 1403 of Public Law 105–261. ing information systems. the transfer of the Coast Guard to the Depart- (c) EFFECTIVE DATE.—This section and the (c) SENSE OF CONGRESS.—It is the sense of ment, the Commandant shall report directly to amendment made by this section shall apply be- Congress that Federal, State, and local entities the Secretary without being required to report ginning with respect to the fiscal year 2005 should share homeland security information to through any other official of the Department. budget submission. the maximum extent practicable, with special PERATION AS A ERVICE IN THE AVY (h) O S N .— SEC. 890. AIR TRANSPORTATION SAFETY AND emphasis on hard-to-reach urban and rural None of the conditions and restrictions in this SYSTEM STABILIZATION ACT. communities. section shall apply when the Coast Guard oper- The Air Transportation Safety and System SEC. 892. FACILITATING HOMELAND SECURITY ates as a service in the Navy under section 3 of Stabilization Act (49 U.S.C. 40101 note) is INFORMATION SHARING PROCE- title 14, United States Code. amended— DURES. (i) REPORT ON ACCELERATING THE INTEGRATED (1) in section 408 by striking the last sentence (a) PROCEDURES FOR DETERMINING EXTENT OF DEEPWATER SYSTEM.—Not later than 90 days of subsection (c); and SHARING OF HOMELAND SECURITY INFORMA- after the date of enactment of this Act, the Sec- (2) in section 402 by striking paragraph (1) TION.— retary, in consultation with the Commandant of and inserting the following: (1) The President shall prescribe and imple- the Coast Guard, shall submit a report to the ‘‘(1) AIR CARRIER.—The term ‘air carrier’ ment procedures under which relevant Federal Committee on Commerce, Science, and Transpor- means a citizen of the United States under- agencies— tation of the Senate, the Committee on Trans- taking by any means, directly or indirectly, to (A) share relevant and appropriate homeland portation and Infrastructure of the House of provide air transportation and includes employ- security information with other Federal agen- Representatives, and the Committees on Appro- ees and agents (including persons engaged in cies, including the Department, and appropriate priations of the Senate and the House of Rep- the business of providing air transportation se- State and local personnel; resentatives that— curity and their affiliates) of such citizen. For (B) identify and safeguard homeland security (1) analyzes the feasibility of accelerating the purposes of the preceding sentence, the term information that is sensitive but unclassified; rate of procurement in the Coast Guard’s Inte- ‘agent’, as applied to persons engaged in the and grated Deepwater System from 20 years to 10 business of providing air transportation secu- (C) to the extent such information is in classi- years; rity, shall only include persons that have con- fied form, determine whether, how, and to what (2) includes an estimate of additional re- tracted directly with the Federal Aviation Ad- extent to remove classified information, as ap- sources required; ministration on or after and commenced services propriate, and with which such personnel it (3) describes the resulting increased capabili- no later than February 17, 2002, to provide such may be shared after such information is re- ties; security, and had not been or are not debarred moved. (4) outlines any increases in the Coast for any period within 6 months from that (2) The President shall ensure that such pro- Guard’s homeland security readiness; date.’’. cedures apply to all agencies of the Federal (5) describes any increases in operational effi- Government. ciencies; and Subtitle I—Information Sharing (3) Such procedures shall not change the sub- (6) provides a revised asset phase-in time line. SEC. 891. SHORT TITLE; FINDINGS; AND SENSE OF stantive requirements for the classification and SEC. 889. HOMELAND SECURITY FUNDING ANAL- CONGRESS. safeguarding of classified information. YSIS IN PRESIDENT’S BUDGET. (a) SHORT TITLE.—This subtitle may be cited (4) Such procedures shall not change the re- (a) IN GENERAL.—Section 1105(a) of title 31, as the ‘‘Homeland Security Information Sharing quirements and authorities to protect sources United States Code, is amended by adding at the Act’’. and methods. end the following: (b) FINDINGS.—Congress finds the following: (b) PROCEDURES FOR SHARING OF HOMELAND ‘‘(33)(A)(i) a detailed, separate analysis, by (1) The Federal Government is required by the SECURITY INFORMATION.— budget function, by agency, and by initiative Constitution to provide for the common defense, (1) Under procedures prescribed by the Presi- area (as determined by the administration) for which includes terrorist attack. dent, all appropriate agencies, including the in- the prior fiscal year, the current fiscal year, the (2) The Federal Government relies on State telligence community, shall, through informa- fiscal years for which the budget is submitted, and local personnel to protect against terrorist tion sharing systems, share homeland security and the ensuing fiscal year identifying the attack. information with Federal agencies and appro- amounts of gross and net appropriations or (3) The Federal Government collects, creates, priate State and local personnel to the extent obligational authority and outlays that con- manages, and protects classified and sensitive such information may be shared, as determined tribute to homeland security, with separate dis- but unclassified information to enhance home- in accordance with subsection (a), together with plays for mandatory and discretionary amounts, land security. assessments of the credibility of such informa- including— (4) Some homeland security information is tion. ‘‘(I) summaries of the total amount of such needed by the State and local personnel to pre- (2) Each information sharing system through appropriations or new obligational authority vent and prepare for terrorist attack. which information is shared under paragraph and outlays requested for homeland security; (5) The needs of State and local personnel to (1) shall— ‘‘(II) an estimate of the current service levels have access to relevant homeland security infor- (A) have the capability to transmit unclassi- of homeland security spending; mation to combat terrorism must be reconciled fied or classified information, though the proce- ‘‘(III) the most recent risk assessment and with the need to preserve the protected status of dures and recipients for each capability may summary of homeland security needs in each such information and to protect the sources and differ; initiative area (as determined by the administra- methods used to acquire such information. (B) have the capability to restrict delivery of tion); and (6) Granting security clearances to certain information to specified subgroups by geo- ‘‘(IV) an estimate of user fees collected by the State and local personnel is one way to facili- graphic location, type of organization, position Federal Government on behalf of homeland se- tate the sharing of information regarding spe- of a recipient within an organization, or a re- curity activities; cific terrorist threats among Federal, State, and cipient’s need to know such information; ‘‘(ii) with respect to subclauses (I) through local levels of government. (C) be configured to allow the efficient and ef- (IV) of clause (i), amounts shall be provided by (7) Methods exist to declassify, redact, or oth- fective sharing of information; and account for each program, project and activity; erwise adapt classified information so it may be (D) be accessible to appropriate State and and shared with State and local personnel without local personnel. ‘‘(iii) an estimate of expenditures for home- the need for granting additional security clear- (3) The procedures prescribed under para- land security activities by State and local gov- ances. graph (1) shall establish conditions on the use of ernments and the private sector for the prior fis- (8) State and local personnel have capabilities information shared under paragraph (1)— cal year and the current fiscal year. and opportunities to gather information on sus- (A) to limit the redissemination of such infor- ‘‘(B) In this paragraph, consistent with the picious activities and terrorist threats not pos- mation to ensure that such information is not Office of Management and Budget’s June 2002 sessed by Federal agencies. used for an unauthorized purpose;

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00035 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.035 H22PT1 H9072 CONGRESSIONAL RECORD — HOUSE November 22, 2002 (B) to ensure the security and confidentiality (C) would improve the identification or inves- (II) by inserting ‘‘or of a foreign government’’ of such information; tigation of a suspected terrorist or terrorist orga- after ‘‘to an appropriate official of a State or (C) to protect the constitutional and statutory nization; or subdivision of a State’’; and rights of any individuals who are subjects of (D) would improve the response to a terrorist (III) by striking ‘‘or’’ at the end; such information; and act. (iii) by striking the period at the end of sub- (D) to provide data integrity through the time- (2) The term ‘‘intelligence community’’ has the clause (V) and inserting ‘‘; or’’; and ly removal and destruction of obsolete or erro- meaning given such term in section 3(4) of the (iv) by adding at the end the following: neous names and information. National Security Act of 1947 (50 U.S.C. ‘‘(VI) when matters involve a threat of actual (4) The procedures prescribed under para- 401a(4)). or potential attack or other grave hostile acts of graph (1) shall ensure, to the greatest extent (3) The term ‘‘State and local personnel’’ a foreign power or an agent of a foreign power, practicable, that the information sharing system means any of the following persons involved in domestic or international sabotage, domestic or through which information is shared under such prevention, preparation, or response for terrorist international terrorism, or clandestine intel- paragraph include existing information sharing attack: ligence gathering activities by an intelligence systems, including, but not limited to, the Na- (A) State Governors, mayors, and other locally service or network of a foreign power or by an tional Law Enforcement Telecommunications elected officials. agent of a foreign power, within the United System, the Regional Information Sharing Sys- (B) State and local law enforcement personnel States or elsewhere, to any appropriate federal, tem, and the Terrorist Threat Warning System and firefighters. state, local, or foreign government official for of the Federal Bureau of Investigation. (C) Public health and medical professionals. the purpose of preventing or responding to such (5) Each appropriate Federal agency, as deter- (D) Regional, State, and local emergency a threat.’’; and mined by the President, shall have access to management agency personnel, including State (C) in subparagraph (C)(iii)— each information sharing system through which adjutant generals. (i) by striking ‘‘Federal’’; information is shared under paragraph (1), and (E) Other appropriate emergency response (ii) by inserting ‘‘or clause (i)(VI)’’ after shall therefore have access to all information, as agency personnel. ‘‘clause (i)(V)’’; and (F) Employees of private-sector entities that appropriate, shared under such paragraph. (iii) by adding at the end the following: ‘‘Any (6) The procedures prescribed under para- affect critical infrastructure, cyber, economic, or state, local, or foreign official who receives in- graph (1) shall ensure that appropriate State public health security, as designated by the formation pursuant to clause (i)(VI) shall use and local personnel are authorized to use such Federal government in procedures developed that information only consistent with such information sharing systems— pursuant to this section. guidelines as the Attorney General and Director (A) to access information shared with such (4) The term ‘‘State’’ includes the District of of Central Intelligence shall jointly issue.’’. personnel; and Columbia and any commonwealth, territory, or (B) to share, with others who have access to possession of the United States. SEC. 896. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL INTERCEPTION IN- such information sharing systems, the homeland (g) CONSTRUCTION.—Nothing in this Act shall FORMATION. security information of their own jurisdictions, be construed as authorizing any department, which shall be marked appropriately as per- bureau, agency, officer, or employee of the Fed- Section 2517 of title 18, United States Code, is taining to potential terrorist activity. eral Government to request, receive, or transmit amended by adding at the end the following: (7) Under procedures prescribed jointly by the to any other Government entity or personnel, or ‘‘(7) Any investigative or law enforcement of- Director of Central Intelligence and the Attor- transmit to any State or local entity or per- ficer, or other Federal official in carrying out ney General, each appropriate Federal agency, sonnel otherwise authorized by this Act to re- official duties as such Federal official, who by as determined by the President, shall review and ceive homeland security information, any infor- any means authorized by this chapter, has ob- assess the information shared under paragraph mation collected by the Federal Government tained knowledge of the contents of any wire, (6) and integrate such information with existing solely for statistical purposes in violation of any oral, or electronic communication, or evidence intelligence. other provision of law relating to the confiden- derived therefrom, may disclose such contents or (c) SHARING OF CLASSIFIED INFORMATION AND tiality of such information. derivative evidence to a foreign investigative or SENSITIVE BUT UNCLASSIFIED INFORMATION law enforcement officer to the extent that such SEC. 893. REPORT. disclosure is appropriate to the proper perform- WITH STATE AND LOCAL PERSONNEL.— (a) REPORT REQUIRED.—Not later than 12 (1) The President shall prescribe procedures ance of the official duties of the officer making months after the date of the enactment of this under which Federal agencies may, to the extent or receiving the disclosure, and foreign inves- Act, the President shall submit to the congres- the President considers necessary, share with tigative or law enforcement officers may use or sional committees specified in subsection (b) a appropriate State and local personnel homeland disclose such contents or derivative evidence to report on the implementation of section 892. The security information that remains classified or the extent such use or disclosure is appropriate report shall include any recommendations for otherwise protected after the determinations to the proper performance of their official du- additional measures or appropriation requests, prescribed under the procedures set forth in sub- ties. beyond the requirements of section 892, to in- section (a). ‘‘(8) Any investigative or law enforcement of- crease the effectiveness of sharing of informa- (2) It is the sense of Congress that such proce- ficer, or other Federal official in carrying out tion between and among Federal, State, and dures may include 1 or more of the following official duties as such Federal official, who by local entities. means: any means authorized by this chapter, has ob- (b) SPECIFIED CONGRESSIONAL COMMITTEES.— (A) Carrying out security clearance investiga- tained knowledge of the contents of any wire, The congressional committees referred to in sub- tions with respect to appropriate State and local oral, or electronic communication, or evidence section (a) are the following committees: personnel. derived therefrom, may disclose such contents or (1) The Permanent Select Committee on Intel- (B) With respect to information that is sen- derivative evidence to any appropriate Federal, ligence and the Committee on the Judiciary of sitive but unclassified, entering into nondisclo- State, local, or foreign government official to the sure agreements with appropriate State and the House of Representatives. (2) The Select Committee on Intelligence and extent that such contents or derivative evidence local personnel. the Committee on the Judiciary of the Senate. reveals a threat of actual or potential attack or (C) Increased use of information-sharing part- other grave hostile acts of a foreign power or an nerships that include appropriate State and SEC. 894. AUTHORIZATION OF APPROPRIATIONS. agent of a foreign power, domestic or inter- local personnel, such as the Joint Terrorism There are authorized to be appropriated such national sabotage, domestic or international ter- Task Forces of the Federal Bureau of Investiga- sums as may be necessary to carry out section rorism, or clandestine intelligence gathering action, the Anti-Terrorism Task Forces of the De- 892. tivities by an intelligence service or network of partment of Justice, and regional Terrorism SEC. 895. AUTHORITY TO SHARE GRAND JURY IN- a foreign power or by an agent of a foreign Early Warning Groups. FORMATION. power, within the United States or elsewhere, (d) RESPONSIBLE OFFICIALS.—For each af- Rule 6(e) of the Federal Rules of Criminal for the purpose of preventing or responding to fected Federal agency, the head of such agency Procedure is amended— such a threat. Any official who receives infor- (1) in paragraph (2), by inserting ‘‘, or of shall designate an official to administer this Act mation pursuant to this provision may use that guidelines jointly issued by the Attorney Gen- with respect to such agency. information only as necessary in the conduct of eral and Director of Central Intelligence pursu- (e) FEDERAL CONTROL OF INFORMATION.— that person’s official duties subject to any limi- ant to Rule 6,’’ after ‘‘Rule 6’’; and Under procedures prescribed under this section, tations on the unauthorized disclosure of such (2) in paragraph (3)— information obtained by a State or local govern- information, and any State, local, or foreign of- (A) in subparagraph (A)(ii), by inserting ‘‘or ment from a Federal agency under this section ficial who receives information pursuant to this of a foreign government’’ after ‘‘(including per- shall remain under the control of the Federal provision may use that information only con- sonnel of a state or subdivision of a state’’; agency, and a State or local law authorizing or sistent with such guidelines as the Attorney requiring such a government to disclose infor- (B) in subparagraph (C)(i)— (i) in subclause (I), by inserting before the General and Director of Central Intelligence mation shall not apply to such information. shall jointly issue.’’. (f) DEFINITIONS.—As used in this section: semicolon the following: ‘‘or, upon a request by (1) The term ‘‘homeland security information’’ an attorney for the government, when sought by SEC. 897. FOREIGN INTELLIGENCE INFORMATION. means any information possessed by a Federal, a foreign court or prosecutor for use in an offi- (a) DISSEMINATION AUTHORIZED.—Section State, or local agency that— cial criminal investigation’’; 203(d)(1) of the Uniting and Strengthening (A) relates to the threat of terrorist activity; (ii) in subclause (IV)— America by Providing Appropriate Tools Re- (B) relates to the ability to prevent, interdict, (I) by inserting ‘‘or foreign’’ after ‘‘may dis- quired to Intercept and Obstruct Terrorism or disrupt terrorist activity; close a violation of State’’; (USA PATRIOT ACT) Act of 2001 (Public Law

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00036 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.035 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9073 107–56; 50 U.S.C. 403–5d) is amended by adding (1) assess the objectives, commitments, and ‘‘(C) availability, which means ensuring time- at the end the following: ‘‘Consistent with the risks of the United States in the interest of ly and reliable access to and use of information; responsibility of the Director of Central Intel- homeland security and to make resulting rec- and ligence to protect intelligence sources and meth- ommendations to the President; ‘‘(D) authentication, which means utilizing ods, and the responsibility of the Attorney Gen- (2) oversee and review homeland security poli- digital credentials to assure the identity of users eral to protect sensitive law enforcement infor- cies of the Federal Government and to make re- and validate their access; mation, it shall be lawful for information reveal- sulting recommendations to the President; and ‘‘(2) the term ‘national security system’ means ing a threat of actual or potential attack or (3) perform such other functions as the Presi- any information system (including any tele- other grave hostile acts of a foreign power or an dent may direct. communications system) used or operated by an agent of a foreign power, domestic or inter- SEC. 905. STAFF COMPOSITION. agency or by a contractor of an agency, or other national sabotage, domestic or international ter- The Council shall have a staff, the head of organization on behalf of an agency, the func- rorism, or clandestine intelligence gathering ac- which shall be a civilian Executive Secretary, tion, operation, or use of which— tivities by an intelligence service or network of who shall be appointed by the President. The ‘‘(A) involves intelligence activities; a foreign power or by an agent of a foreign President is authorized to fix the pay of the Ex- ‘‘(B) involves cryptologic activities related to power, within the United States or elsewhere, ecutive Secretary at a rate not to exceed the rate national security; obtained as part of a criminal investigation to of pay payable to the Executive Secretary of the ‘‘(C) involves command and control of military be disclosed to any appropriate Federal, State, National Security Council. forces; local, or foreign government official for the pur- SEC. 906. RELATION TO THE NATIONAL SECURITY ‘‘(D) involves equipment that is an integral pose of preventing or responding to such a COUNCIL. part of a weapon or weapons system; or threat. Any official who receives information The President may convene joint meetings of ‘‘(E) is critical to the direct fulfillment of mili- pursuant to this provision may use that infor- the Homeland Security Council and the Na- tary or intelligence missions provided that this mation only as necessary in the conduct of that tional Security Council with participation by definition does not apply to a system that is person’s official duties subject to any limitations members of either Council or as the President used for routine administrative and business ap- on the unauthorized disclosure of such informa- may otherwise direct. plications (including payroll, finance, logistics, and personnel management applications); tion, and any State, local, or foreign official TITLE X—INFORMATION SECURITY who receives information pursuant to this provi- ‘‘(3) the term ‘information technology’ has the sion may use that information only consistent SEC. 1001. INFORMATION SECURITY. meaning given that term in section 11101 of title with such guidelines as the Attorney General (a) SHORT TITLE.—This title may be cited as 40; and and Director of Central Intelligence shall jointly the ‘‘Federal Information Security Management ‘‘(4) the term ‘information system’ means any issue.’’. Act of 2002’’. equipment or interconnected system or sub- (b) CONFORMING AMENDMENTS.—Section 203(c) (b) INFORMATION SECURITY.— systems of equipment that is used in the auto- of that Act is amended— (1) IN GENERAL.—Subchapter II of chapter 35 matic acquisition, storage, manipulation, man- (1) by striking ‘‘section 2517(6)’’ and inserting of title 44, United States Code, is amended to agement, movement, control, display, switching, ‘‘paragraphs (6) and (8) of section 2517 of title read as follows: interchange, transmission, or reception of data 18, United States Code,’’; and ‘‘SUBCHAPTER II—INFORMATION or information, and includes— (2) by inserting ‘‘and (VI)’’ after ‘‘Rule SECURITY ‘‘(A) computers and computer networks; 6(e)(3)(C)(i)(V)’’. ‘‘§ 3531. Purposes ‘‘(B) ancillary equipment; SEC. 898. INFORMATION ACQUIRED FROM AN ‘‘The purposes of this subchapter are to— ‘‘(C) software, firmware, and related proce- ELECTRONIC SURVEILLANCE. ‘‘(1) provide a comprehensive framework for dures; Section 106(k)(1) of the Foreign Intelligence ensuring the effectiveness of information secu- ‘‘(D) services, including support services; and Surveillance Act of 1978 (50 U.S.C. 1806) is rity controls over information resources that ‘‘(E) related resources.’’. amended by inserting after ‘‘law enforcement of- support Federal operations and assets; ‘‘§ 3533. Authority and functions of the Direc- ficers’’ the following: ‘‘or law enforcement per- ‘‘(2) recognize the highly networked nature of tor sonnel of a State or political subdivision of a the current Federal computing environment and ‘‘(a) The Director shall oversee agency infor- State (including the chief executive officer of provide effective governmentwide management mation security policies and practices, by— that State or political subdivision who has the and oversight of the related information security ‘‘(1) promulgating information security stand- authority to appoint or direct the chief law en- risks, including coordination of information se- ards under section 11331 of title 40; forcement officer of that State or political curity efforts throughout the civilian, national ‘‘(2) overseeing the implementation of policies, subdivision)’’. security, and law enforcement communities; principles, standards, and guidelines on infor- SEC. 899. INFORMATION ACQUIRED FROM A PHYS- ‘‘(3) provide for development and maintenance mation security; ICAL SEARCH. of minimum controls required to protect Federal ‘‘(3) requiring agencies, consistent with the Section 305(k)(1) of the Foreign Intelligence information and information systems; standards promulgated under such section 11331 Surveillance Act of 1978 (50 U.S.C. 1825) is ‘‘(4) provide a mechanism for improved over- and the requirements of this subchapter, to amended by inserting after ‘‘law enforcement of- sight of Federal agency information security identify and provide information security pro- ficers’’ the following: ‘‘or law enforcement per- programs; tections commensurate with the risk and mag- sonnel of a State or political subdivision of a ‘‘(5) acknowledge that commercially developed nitude of the harm resulting from the unauthor- State (including the chief executive officer of information security products offer advanced, ized access, use, disclosure, disruption, modi- that State or political subdivision who has the dynamic, robust, and effective information secu- fication, or destruction of— authority to appoint or direct the chief law en- rity solutions, reflecting market solutions for the ‘‘(A) information collected or maintained by forcement officer of that State or political sub- protection of critical information infrastructures or on behalf of an agency; or division)’’. important to the national defense and economic ‘‘(B) information systems used or operated by TITLE IX—NATIONAL HOMELAND security of the nation that are designed, built, an agency or by a contractor of an agency or SECURITY COUNCIL and operated by the private sector; and other organization on behalf of an agency; SEC. 901. NATIONAL HOMELAND SECURITY COUN- ‘‘(6) recognize that the selection of specific ‘‘(4) coordinating the development of stand- CIL. technical hardware and software information ards and guidelines under section 20 of the Na- There is established within the Executive Of- security solutions should be left to individual tional Institute of Standards and Technology fice of the President a council to be known as agencies from among commercially developed Act (15 U.S.C. 278g–3) with agencies and offices the ‘‘Homeland Security Council’’ (in this title products.’’. operating or exercising control of national secu- referred to as the ‘‘Council’’). ‘‘§ 3532. Definitions rity systems (including the National Security SEC. 902. FUNCTION. ‘‘(a) IN GENERAL.—Except as provided under Agency) to assure, to the maximum extent fea- The function of the Council shall be to advise subsection (b), the definitions under section 3502 sible, that such standards and guidelines are the President on homeland security matters. shall apply to this subchapter. complementary with standards and guidelines SEC. 903. MEMBERSHIP. ‘‘(b) ADDITIONAL DEFINITIONS.—As used in developed for national security systems; The members of the Council shall be the fol- this subchapter— ‘‘(5) overseeing agency compliance with the lowing: ‘‘(1) the term ‘information security’ means requirements of this subchapter, including (1) The President. protecting information and information systems through any authorized action under section (2) The Vice President. from unauthorized access, use, disclosure, dis- 11303(b)(5) of title 40, to enforce accountability (3) The Secretary of Homeland Security. ruption, modification, or destruction in order to for compliance with such requirements; (4) The Attorney General. provide— ‘‘(6) reviewing at least annually, and approv- (5) The Secretary of Defense. ‘‘(A) integrity, which means guarding against ing or disapproving, agency information secu- (6) Such other individuals as may be des- improper information modification or destruc- rity programs required under section 3534(b); ignated by the President. tion, and includes ensuring information non- ‘‘(7) coordinating information security policies SEC. 904. OTHER FUNCTIONS AND ACTIVITIES. repudiation and authenticity; and procedures with related information re- For the purpose of more effectively coordi- ‘‘(B) confidentiality, which means preserving sources management policies and procedures; nating the policies and functions of the United authorized restrictions on access and disclosure, and States Government relating to homeland secu- including means for protecting personal privacy ‘‘(8) reporting to Congress no later than rity, the Council shall— and proprietary information; March 1 of each year on agency compliance

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00037 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.036 H22PT1 H9074 CONGRESSIONAL RECORD — HOUSE November 22, 2002 with the requirements of this subchapter, in- ‘‘(C) developing and maintaining information ‘‘(A) mitigating risks associated with such including— security policies, procedures, and control tech- cidents before substantial damage is done; and ‘‘(A) a summary of the findings of evaluations niques to address all applicable requirements, ‘‘(B) notifying and consulting with, as appro- required by section 3535; including those issued under section 3533 of this priate— ‘‘(B) significant deficiencies in agency infor- title, and section 11331 of title 40; ‘‘(i) law enforcement agencies and relevant mation security practices; ‘‘(D) training and overseeing personnel with Offices of Inspector General; ‘‘(C) planned remedial action to address such significant responsibilities for information secu- ‘‘(ii) an office designated by the President for deficiencies; and rity with respect to such responsibilities; and any incident involving a national security sys- ‘‘(D) a summary of, and the views of the Di- ‘‘(E) assisting senior agency officials con- tem; and rector on, the report prepared by the National cerning their responsibilities under paragraph ‘‘(iii) any other agency or office, in accord- Institute of Standards and Technology under (2); ance with law or as directed by the President; section 20(d)(9) of the National Institute of ‘‘(4) ensure that the agency has trained per- and Standards and Technology Act (15 U.S.C. 278g– sonnel sufficient to assist the agency in com- ‘‘(8) plans and procedures to ensure con- 3).’’. plying with the requirements of this subchapter tinuity of operations for information systems ‘‘(b) Except for the authorities described in and related policies, procedures, standards, and that support the operations and assets of the paragraphs (4) and (7) of subsection (a), the au- guidelines; and agency. thorities of the Director under this section shall ‘‘(5) ensure that the agency Chief Information ‘‘(c) Each agency shall— not apply to national security systems. Officer, in coordination with other senior agen- ‘‘(1) report annually to the Director, the Com- ‘‘§ 3534. Federal agency responsibilities cy officials, reports annually to the agency head mittees on Government Reform and Science of on the effectiveness of the agency information ‘‘(a) The head of each agency shall— the House of Representatives, the Committees on ‘‘(1) be responsible for— security program, including progress of remedial Governmental Affairs and Commerce, Science, ‘‘(A) providing information security protec- actions. and Transportation of the Senate, the appro- tions commensurate with the risk and mag- ‘‘(b) Each agency shall develop, document, priate authorization and appropriations commit- nitude of the harm resulting from unauthorized and implement an agencywide information secu- tees of Congress, and the Comptroller General access, use, disclosure, disruption, modification, rity program, approved by the Director under on the adequacy and effectiveness of informa- or destruction of— section 3533(a)(5), to provide information secu- tion security policies, procedures, and practices, ‘‘(i) information collected or maintained by or rity for the information and information systems and compliance with the requirements of this on behalf of the agency; and that support the operations and assets of the subchapter, including compliance with each re- ‘‘(ii) information systems used or operated by agency, including those provided or managed by quirement of subsection (b); an agency or by a contractor of an agency or another agency, contractor, or other source, ‘‘(2) address the adequacy and effectiveness of other organization on behalf of an agency; that includes— information security policies, procedures, and ‘‘(B) complying with the requirements of this ‘‘(1) periodic assessments of the risk and mag- practices in plans and reports relating to— subchapter and related policies, procedures, nitude of the harm that could result from the ‘‘(A) annual agency budgets; standards, and guidelines, including— unauthorized access, use, disclosure, disruption, ‘‘(B) information resources management under ‘‘(i) information security standards promul- modification, or destruction of information and subchapter 1 of this chapter; gated by the Director under section 11331 of title information systems that support the operations ‘‘(C) information technology management 40; and and assets of the agency; under subtitle III of title 40; ‘‘(ii) information security standards and ‘‘(2) policies and procedures that— ‘‘(D) program performance under sections 1105 guidelines for national security systems issued ‘‘(A) are based on the risk assessments re- and 1115 through 1119 of title 31, and sections in accordance with law and as directed by the quired by paragraph (1); 2801 and 2805 of title 39; ‘‘(B) cost-effectively reduce information secu- President; and ‘‘(E) financial management under chapter 9 of ‘‘(C) ensuring that information security man- rity risks to an acceptable level; title 31, and the Chief Financial Officers Act of ‘‘(C) ensure that information security is ad- agement processes are integrated with agency 1990 (31 U.S.C. 501 note; Public Law 101–576) dressed throughout the life cycle of each agency strategic and operational planning processes; (and the amendments made by that Act); information system; and ‘‘(2) ensure that senior agency officials pro- ‘‘(F) financial management systems under the ‘‘(D) ensure compliance with— vide information security for the information ‘‘(i) the requirements of this subchapter; Federal Financial Management Improvement and information systems that support the oper- ‘‘(ii) policies and procedures as may be pre- Act (31 U.S.C. 3512 note); and ations and assets under their control, including scribed by the Director, and information secu- ‘‘(G) internal accounting and administrative through— rity standards promulgated under section 11331 controls under section 3512 of title 31, United ‘‘(A) assessing the risk and magnitude of the of title 40; States Code, (known as the ‘Federal Managers harm that could result from the unauthorized ‘‘(iii) minimally acceptable system configura- Financial Integrity Act’); and access, use, disclosure, disruption, modification, tion requirements, as determined by the agency; ‘‘(3) report any significant deficiency in a pol- or destruction of such information or informa- and icy, procedure, or practice identified under tion systems; ‘‘(iv) any other applicable requirements, in- paragraph (1) or (2)— ‘‘(B) determining the levels of information se- cluding standards and guidelines for national ‘‘(A) as a material weakness in reporting curity appropriate to protect such information security systems issued in accordance with law under section 3512 of title 31; and and information systems in accordance with and as directed by the President; ‘‘(B) if relating to financial management sys- standards promulgated under section 11331 of ‘‘(3) subordinate plans for providing adequate tems, as an instance of a lack of substantial title 40 for information security classifications information security for networks, facilities, and compliance under the Federal Financial Man- and related requirements; systems or groups of information systems, as ap- agement Improvement Act (31 U.S.C. 3512 note). ‘‘(C) implementing policies and procedures to propriate; ‘‘(d)(1) In addition to the requirements of sub- cost-effectively reduce risks to an acceptable ‘‘(4) security awareness training to inform section (c), each agency, in consultation with level; and personnel, including contractors and other users the Director, shall include as part of the per- ‘‘(D) periodically testing and evaluating infor- of information systems that support the oper- formance plan required under section 1115 of mation security controls and techniques to en- ations and assets of the agency, of— title 31 a description of— sure that they are effectively implemented; ‘‘(A) information security risks associated ‘‘(A) the time periods, and ‘‘(3) delegate to the agency Chief Information with their activities; and ‘‘(B) the resources, including budget, staffing, Officer established under section 3506 (or com- ‘‘(B) their responsibilities in complying with and training, parable official in an agency not covered by agency policies and procedures designed to re- that are necessary to implement the program re- such section) the authority to ensure compliance duce these risks; quired under subsection (b). with the requirements imposed on the agency ‘‘(5) periodic testing and evaluation of the ef- ‘‘(2) The description under paragraph (1) under this subchapter, including— fectiveness of information security policies, pro- shall be based on the risk assessments required ‘‘(A) designating a senior agency information cedures, and practices, to be performed with a under subsection (b)(2)(1). security officer who shall— frequency depending on risk, but no less than ‘‘(e) Each agency shall provide the public ‘‘(i) carry out the Chief Information Officer’s annually, of which such testing— with timely notice and opportunities for com- responsibilities under this section; ‘‘(A) shall include testing of management, ment on proposed information security policies ‘‘(ii) possess professional qualifications, in- operational, and technical controls of every in- and procedures to the extent that such policies cluding training and experience, required to ad- formation system identified in the inventory re- and procedures affect communication with the minister the functions described under this sec- quired under section 3505(c); and public. tion; ‘‘(B) may include testing relied on in a eval- ‘‘(iii) have information security duties as that uation under section 3535; ‘‘§ 3535. Annual independent evaluation official’s primary duty; and ‘‘(6) a process for planning, implementing, ‘‘(a)(1) Each year each agency shall have per- ‘‘(iv) head an office with the mission and reevaluating, and documenting remedial action to formed an independent evaluation of the infor- sources to assist in ensuring agency compliance address any deficiencies in the information se- mation security program and practices of that with this section; curity policies, procedures, and practices of the agency to determine the effectiveness of such ‘‘(B) developing and maintaining an agency- agency; program and practices. wide information security program as required ‘‘(7) procedures for detecting, reporting, and ‘‘(2) Each evaluation by an agency under this by subsection (b); responding to security incidents, including— section shall include—

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00038 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.036 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9075 ‘‘(A) testing of the effectiveness of information the harm resulting from the unauthorized ac- ‘‘§ 11331. Responsibilities for Federal informa- security policies, procedures, and practices of a cess, use, disclosure, disruption, modification, or tion systems standards representative subset of the agency’s informa- destruction of the information contained in such ‘‘(a) DEFINITION.—In this section, the term tion systems; system; ‘information security’ has the meaning given ‘‘(B) an assessment (made on the basis of the ‘‘(2) implements information security policies that term in section 3532(b)(1) of title 44. results of the testing) of compliance with— and practices as required by standards and ‘‘(b) REQUIREMENT TO PRESCRIBE STAND- ‘‘(i) the requirements of this subchapter; and guidelines for national security systems, issued ARDS.— ‘‘(ii) related information security policies, pro- in accordance with law and as directed by the ‘‘(1) IN GENERAL.— cedures, standards, and guidelines; and President; and ‘‘(A) REQUIREMENT.—Except as provided ‘‘(C) separate presentations, as appropriate, ‘‘(3) complies with the requirements of this under paragraph (2), the Director of the Office regarding information security relating to na- subchapter. of Management and Budget shall, on the basis tional security systems. ‘‘§ 3537. Authorization of appropriations of proposed standards developed by the Na- ‘‘(b) Subject to subsection (c)— tional Institute of Standards and Technology ‘‘There are authorized to be appropriated to ‘‘(1) for each agency with an Inspector Gen- pursuant to paragraphs (2) and (3) of section carry out the provisions of this subchapter such eral appointed under the Inspector General Act 20(a) of the National Institute of Standards and sums as may be necessary for each of fiscal of 1978, the annual evaluation required by this Technology Act (15 U.S.C. 278g–3(a)) and in years 2003 through 2007. section shall be performed by the Inspector Gen- consultation with the Secretary of Homeland Se- eral or by an independent external auditor, as ‘‘§ 3538. Effect on existing law curity, promulgate information security stand- determined by the Inspector General of the ‘‘Nothing in this subchapter, section 11331 of ards pertaining to Federal information systems. agency; and title 40, or section 20 of the National Standards ‘‘(B) REQUIRED STANDARDS.—Standards pro- ‘‘(2) for each agency to which paragraph (1) and Technology Act (15 U.S.C. 278g–3) may be mulgated under subparagraph (A) shall in- does not apply, the head of the agency shall en- construed as affecting the authority of the clude— gage an independent external auditor to perform President, the Office of Management and Budg- ‘‘(i) standards that provide minimum informa- the evaluation. et or the Director thereof, the National Institute tion security requirements as determined under ‘‘(c) For each agency operating or exercising of Standards and Technology, or the head of section 20(b) of the National Institute of Stand- control of a national security system, that por- any agency, with respect to the authorized use ards and Technology Act (15 U.S.C. 278g–3(b)); tion of the evaluation required by this section or disclosure of information, including with re- and directly relating to a national security system gard to the protection of personal privacy under ‘‘(ii) such standards that are otherwise nec- shall be performed— section 552a of title 5, the disclosure of informa- essary to improve the efficiency of operation or ‘‘(1) only by an entity designated by the agen- tion under section 552 of title 5, the management security of Federal information systems. cy head; and and disposition of records under chapters 29, 31, ‘‘(C) REQUIRED STANDARDS BINDING.—Infor- ‘‘(2) in such a manner as to ensure appro- or 33 of title 44, the management of information mation security standards described under sub- priate protection for information associated resources under subchapter I of chapter 35 of paragraph (B) shall be compulsory and binding. with any information security vulnerability in this title, or the disclosure of information to ‘‘(2) STANDARDS AND GUIDELINES FOR NA- such system commensurate with the risk and in Congress or the Comptroller General of the TIONAL SECURITY SYSTEMS.—Standards and accordance with all applicable laws. United States.’’. guidelines for national security systems, as de- ‘‘(d) The evaluation required by this section— (2) CLERICAL AMENDMENT.—The items in the fined under section 3532(3) of title 44, shall be ‘‘(1) shall be performed in accordance with table of sections at the beginning of such chap- developed, promulgated, enforced, and overseen generally accepted government auditing stand- ter 35 under the heading ‘‘SUBCHAPTER II’’ as otherwise authorized by law and as directed ards; and are amended to read as follows: by the President. ‘‘(2) may be based in whole or in part on an ‘‘(c) APPLICATION OF MORE STRINGENT STAND- ‘‘3531. Purposes. audit, evaluation, or report relating to programs ARDS.—The head of an agency may employ or practices of the applicable agency. ‘‘3532. Definitions. standards for the cost-effective information se- ‘‘(e) Each year, not later than such date es- ‘‘3533. Authority and functions of the Director. curity for all operations and assets within or tablished by the Director, the head of each ‘‘3534. Federal agency responsibilities. under the supervision of that agency that are agency shall submit to the Director the results ‘‘3535. Annual independent evaluation. more stringent than the standards promulgated of the evaluation required under this section. ‘‘3536. National security systems. by the Director under this section, if such ‘‘(f) Agencies and evaluators shall take appro- ‘‘3537. Authorization of appropriations. standards— priate steps to ensure the protection of informa- ‘‘3538. Effect on existing law.’’. ‘‘(1) contain, at a minimum, the provisions of tion which, if disclosed, may adversely affect in- (c) INFORMATION SECURITY RESPONSIBILITIES those applicable standards made compulsory formation security. Such protections shall be OF CERTAIN AGENCIES.— and binding by the Director; and commensurate with the risk and comply with all (1) NATIONAL SECURITY RESPONSIBILITIES.—(A) ‘‘(2) are otherwise consistent with policies and applicable laws and regulations. Nothing in this Act (including any amendment guidelines issued under section 3533 of title 44. ‘‘(g)(1) The Director shall summarize the re- made by this Act) shall supersede any authority ‘‘(d) REQUIREMENTS REGARDING DECISIONS BY sults of the evaluations conducted under this of the Secretary of Defense, the Director of Cen- DIRECTOR.— section in the report to Congress required under tral Intelligence, or other agency head, as au- ‘‘(1) DEADLINE.—The decision regarding the section 3533(a)(8). thorized by law and as directed by the Presi- promulgation of any standard by the Director ‘‘(2) The Director’s report to Congress under dent, with regard to the operation, control, or under subsection (b) shall occur not later than this subsection shall summarize information re- management of national security systems, as de- 6 months after the submission of the proposed garding information security relating to na- fined by section 3532(3) of title 44, United States standard to the Director by the National Insti- tional security systems in such a manner as to Code. tute of Standards and Technology, as provided ensure appropriate protection for information (B) Section 2224 of title 10, United States under section 20 of the National Institute of associated with any information security vul- Code, is amended— Standards and Technology Act (15 U.S.C. 278g– nerability in such system commensurate with (i) in subsection 2224(b), by striking ‘‘(b) 3). the risk and in accordance with all applicable OBJECTIVES AND MINIMUM REQUIREMENTS.—(1)’’ ‘‘(2) NOTICE AND COMMENT.—A decision by the laws. and inserting ‘‘(b) OBJECTIVES OF THE PRO- Director to significantly modify, or not promul- ‘‘(3) Evaluations and any other descriptions GRAM.—’’; gate, a proposed standard submitted to the Di- of information systems under the authority and (ii) in subsection 2224(b), by striking ‘‘(2) the rector by the National Institute of Standards control of the Director of Central Intelligence or program shall at a minimum meet the require- and Technology, as provided under section 20 of of National Foreign Intelligence Programs sys- ments of section 3534 and 3535 of title 44, United the National Institute of Standards and Tech- tems under the authority and control of the Sec- States Code.’’; and nology Act (15 U.S.C. 278g–3), shall be made retary of Defense shall be made available to (iii) in subsection 2224(c), by inserting ‘‘, in- after the public is given an opportunity to com- Congress only through the appropriate oversight cluding through compliance with subtitle II of ment on the Director’s proposed decision.’’. committees of Congress, in accordance with ap- chapter 35 of title 44’’ after ‘‘infrastructure’’. (b) CLERICAL AMENDMENT.—The table of sec- plicable laws. (2) ATOMIC ENERGY ACT OF 1954.—Nothing in tions at the beginning of chapter 113 of title 40, ‘‘(h) The Comptroller General shall periodi- this Act shall supersede any requirement made United States Code, is amended by striking the cally evaluate and report to Congress on— by or under the Atomic Energy Act of 1954 (42 item relating to section 11331 and inserting the ‘‘(1) the adequacy and effectiveness of agency U.S.C. 2011 et seq.). Restricted Data or Formerly following: information security policies and practices; and Restricted Data shall be handled, protected, ‘‘11331. Responsibilities for Federal information ‘‘(2) implementation of the requirements of classified, downgraded, and declassified in con- systems standards.’’. this subchapter. formity with the Atomic Energy Act of 1954 (42 SEC. 1003. NATIONAL INSTITUTE OF STANDARDS ‘‘§ 3536. National security systems U.S.C. 2011 et seq.). AND TECHNOLOGY. ‘‘The head of each agency operating or exer- SEC. 1002. MANAGEMENT OF INFORMATION TECH- Section 20 of the National Institute of Stand- cising control of a national security system shall NOLOGY. ards and Technology Act (15 U.S.C. 278g–3), is be responsible for ensuring that the agency— (a) IN GENERAL.—Section 11331 of title 40, amended by striking the text and inserting the ‘‘(1) provides information security protections United States Code, is amended to read as fol- following: commensurate with the risk and magnitude of lows: ‘‘(a) The Institute shall—

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00039 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.036 H22PT1 H9076 CONGRESSIONAL RECORD — HOUSE November 22, 2002 ‘‘(1) have the mission of developing standards, sible, permit the use of off-the-shelf commer- (5) in subsection (b)(1) by striking ‘‘computer guidelines, and associated methods and tech- cially developed information security products. systems security’’ and inserting ‘‘information se- niques for information systems; ‘‘(d) The Institute shall— curity’’; ‘‘(2) develop standards and guidelines, includ- ‘‘(1) submit standards developed pursuant to (6) in subsection (b) by striking paragraph (2) ing minimum requirements, for information sys- subsection (a), along with recommendations as and inserting the following: tems used or operated by an agency or by a con- to the extent to which these should be made ‘‘(2) to advise the Institute and the Director of tractor of an agency or other organization on compulsory and binding, to the Director of the the Office of Management and Budget on infor- behalf of an agency, other than national secu- Office of Management and Budget for promul- mation security and privacy issues pertaining to rity systems (as defined in section 3532(b)(2) of gation under section 11331 of title 40, United Federal Government information systems, in- title 44, United States Code); States Code; cluding through review of proposed standards ‘‘(3) develop standards and guidelines, includ- ‘‘(2) provide assistance to agencies regard- and guidelines developed under section 20; ing minimum requirements, for providing ade- ing— and’’; quate information security for all agency oper- ‘‘(A) compliance with the standards and (7) in subsection (b)(3) by inserting ations and assets, but such standards and guidelines developed under subsection (a); ‘‘annually’’ after ‘‘report’’; guidelines shall not apply to national security ‘‘(B) detecting and handling information se- (8) by inserting after subsection (e) the fol- systems; and curity incidents; and lowing new subsection: ‘‘(4) carry out the responsibilities described in ‘‘(C) information security policies, procedures, ‘‘(f) The Board shall hold meetings at such lo- paragraph (3) through the Computer Security and practices; cations and at such time and place as deter- Division. ‘‘(3) conduct research, as needed, to determine mined by a majority of the Board.’’; (9) by redesignating subsections (f) and (g) as ‘‘(b) The standards and guidelines required by the nature and extent of information security subsections (g) and (h), respectively; and subsection (a) shall include, at a minimum— vulnerabilities and techniques for providing (10) by striking subsection (h), as redesignated ‘‘(1)(A) standards to be used by all agencies to cost-effective information security; by paragraph (9), and inserting the following: categorize all information and information sys- ‘‘(4) develop and periodically revise performance indicators and measures for agency infor- ‘‘(h) As used in this section, the terms tems collected or maintained by or on behalf of ‘‘information system’’ and ‘‘information tech- each agency based on the objectives of providing mation security policies and practices; ‘‘(5) evaluate private sector information secu- nology’’ have the meanings given in section appropriate levels of information security ac- 20.’’. cording to a range of risk levels; rity policies and practices and commercially SEC. 1005. TECHNICAL AND CONFORMING AMEND- ‘‘(B) guidelines recommending the types of in- available information technologies to assess potential application by agencies to strengthen in- MENTS. formation and information systems to be in- (a) FEDERAL COMPUTER SYSTEM SECURITY cluded in each such category; and formation security; ‘‘(6) evaluate security policies and practices TRAINING AND PLAN.— ‘‘(C) minimum information security require- (1) REPEAL.—Section 11332 of title 40, United ments for information and information systems developed for national security systems to assess potential application by agencies to strengthen States Code, is repealed. in each such category; (2) CLERICAL AMENDMENT.—The table of sec- ‘‘(2) a definition of and guidelines concerning information security; ‘‘(7) periodically assess the effectiveness of tions at the beginning of chapter 113 of title 40, detection and handling of information security standards and guidelines developed under this United States Code, as amended by striking the incidents; and item relating to section 11332. ‘‘(3) guidelines developed in coordination with section and undertake revisions as appropriate; ‘‘(8) solicit and consider the recommendations (b) FLOYD D. SPENCE NATIONAL DEFENSE AU- the National Security Agency for identifying an of the Information Security and Privacy Advi- THORIZATION ACT FOR FISCAL YEAR 2001.—The information system as a national security sys- sory Board, established by section 21, regarding Floyd D. Spence National Defense Authoriza- tem consistent with applicable requirements for standards and guidelines developed under sub- tion Act for Fiscal Year 2001 (Public Law 106– national security systems, issued in accordance section (a) and submit such recommendations to 398) is amended by striking subtitle G of title X with law and as directed by the President. the Director of the Office of Management and (44 U.S.C. 3531 note). ‘‘(c) In developing standards and guidelines (c) PAPERWORK REDUCTION ACT.—(1) Section Budget with such standards submitted to the required by subsections (a) and (b), the Institute 3504(g) of title 44, United States Code, is amend- shall— Director; and ‘‘(9) prepare an annual public report on ac- ed— ‘‘(1) consult with other agencies and offices (A) by adding ‘‘and’’ at the end of paragraph tivities undertaken in the previous year, and (including, but not limited to, the Director of (1); planned for the coming year, to carry out re- the Office of Management and Budget, the De- (B) in paragraph (2)— sponsibilities under this section. partments of Defense and Energy, the National (i) by striking ‘‘sections 11331 and 11332(b) ‘‘(e) As used in this section— and (c) of title 40’’ and inserting ‘‘section 11331 Security Agency, the General Accounting Office, ‘‘(1) the term ‘agency’ has the same meaning and the Secretary of Homeland Security) to as- of title 40 and subchapter II of this title’’; and as provided in section 3502(1) of title 44, United (ii) by striking the semicolon and inserting a sure— States Code; ‘‘(A) use of appropriate information security period; and ‘‘(2) the term ‘information security’ has the (C) by striking paragraph (3). policies, procedures, and techniques, in order to same meaning as provided in section 3532(1) of improve information security and avoid unnec- (2) Section 3505 of such title is amended by such title; adding at the end the following: essary and costly duplication of effort; and ‘‘(3) the term ‘information system’ has the ‘‘(B) that such standards and guidelines are ‘‘(c) INVENTORY OF INFORMATION SYSTEMS.— same meaning as provided in section 3502(8) of (1) The head of each agency shall develop and complementary with standards and guidelines such title; employed for the protection of national security maintain an inventory of the information sys- ‘‘(4) the term ‘information technology’ has the tems (including national security systems) oper- systems and information contained in such sys- same meaning as provided in section 11101 of tems; ated by or under the control of such agency; title 40, United States Code; and ‘‘(2) The identification of information systems ‘‘(2) provide the public with an opportunity to ‘‘(5) the term ‘national security system’ has in an inventory under this subsection shall in- comment on proposed standards and guidelines; the same meaning as provided in section clude an identification of the interfaces between ‘‘(3) submit to the Director of the Office of 3532(b)(2) of such title.’’. Management and Budget for promulgation each such system and all other systems or net- SEC. 1004. INFORMATION SECURITY AND PRIVACY works, including those not operated by or under under section 11331 of title 40, United States ADVISORY BOARD. Code— the control of the agency; Section 21 of the National Institute of Stand- ‘‘(3) Such inventory shall be— ‘‘(A) standards, as required under subsection ards and Technology Act (15 U.S.C. 278g–4), is ‘‘(A) updated at least annually; (b)(1)(A), no later than 12 months after the date amended— ‘‘(B) made available to the Comptroller Gen- of the enactment of this section; and (1) in subsection (a), by striking ‘‘Computer eral; and ‘‘(B) minimum information security require- System Security and Privacy Advisory Board’’ ‘‘(C) used to support information resources ments for each category, as required under sub- and inserting ‘‘Information Security and Pri- management, including— section (b)(1)(C), no later than 36 months after vacy Advisory Board’’; ‘‘(i) preparation and maintenance of the in- the date of the enactment of this section; (2) in subsection (a)(1), by striking ‘‘computer ventory of information resources under section ‘‘(4) issue guidelines as required under sub- or telecommunications’’ and inserting 3506(b)(4); section (b)(1)(B), no later than 18 months after ‘‘information technology’’; ‘‘(ii) information technology planning, budg- the date of the enactment of this Act; (3) in subsection (a)(2)— eting, acquisition, and management under sec- ‘‘(5) ensure that such standards and guide- (A) by striking ‘‘computer or telecommuni- tion 3506(h), subtitle III of title 40, and related lines do not require specific technological solu- cations technology’’ and inserting ‘‘information laws and guidance; tions or products, including any specific hard- technology’’; and ‘‘(iii) monitoring, testing, and evaluation of ware or software security solutions; (B) by striking ‘‘computer or telecommuni- information security controls under subchapter ‘‘(6) ensure that such standards and guide- cations equipment’’ and inserting ‘‘information II; lines provide for sufficient flexibility to permit technology’’; ‘‘(iv) preparation of the index of major infor- alternative solutions to provide equivalent levels (4) in subsection (a)(3)— mation systems required under section 552(g) of of protection for identified information security (A) by striking ‘‘computer systems’’ and in- title 5, United States Code; and risks; and serting ‘‘information system’’; and ‘‘(v) preparation of information system inven- ‘‘(7) use flexible, performance-based standards (B) by striking ‘‘computer systems security’’ tories required for records management under and guidelines that, to the greatest extent pos- and inserting ‘‘information security’’; chapters 21, 29, 31, and 33.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00040 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.036 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9077

‘‘(4) The Director shall issue guidance for and (1) IN GENERAL.—There is established within cohol, Tobacco and Firearms that are not trans- oversee the implementation of the requirements the Department of Justice under the general au- ferred to the Department of Justice under this of this subsection.’’. thority of the Attorney General the Bureau of section shall be retained and administered by (3) Section 3506(g) of such title is amended— Alcohol, Tobacco, Firearms, and Explosives (in the Tax and Trade Bureau. (A) by adding ‘‘and’’ at the end of paragraph this section referred to as the ‘‘Bureau’’). SEC. 1112. TECHNICAL AND CONFORMING AMEND- (1); (2) DIRECTOR.—There shall be at the head of MENTS. (B) in paragraph (2)— the Bureau a Director, Bureau of Alcohol, To- (a) The Inspector General Act of 1978 (5 (i) by striking ‘‘section 11332 of title 40’’ and bacco, Firearms, and Explosives (in this subtitle U.S.C. App.) is amended— inserting ‘‘subchapter II of this chapter’’; and referred to as the ‘‘Director’’). The Director (1) in section 8D(b)(1) by striking ‘‘Bureau of (ii) by striking ‘‘; and’’ and inserting a period; shall be appointed by the Attorney General and Alcohol, Tobacco and Firearms’’ and inserting and shall perform such functions as the Attorney ‘‘Tax and Trade Bureau’’; and (C) by striking paragraph (3). General shall direct. The Director shall receive (2) in section 9(a)(1)(L)(i), by striking compensation at the rate prescribed by law SEC. 1006. CONSTRUCTION. ‘‘Bureau of Alcohol, Tobacco, and Firearms’’ under section 5314 of title V, United States Nothing in this Act, or the amendments made and inserting ‘‘Tax and Trade Bureau’’. Code, for positions at level III of the Executive (b) Section 1109(c)(2)(A)(i) of the Consolidated by this Act, affects the authority of the National Schedule. Omnibus Budget Reconciliation Act of 1985 (7 Institute of Standards and Technology or the (3) COORDINATION.—The Attorney General, U.S.C. 1445-3(c)(2)(A)(i)) is amended by striking Department of Commerce relating to the devel- acting through the Director and such other offi- ‘‘(on ATF Form 3068) by manufacturers of to- opment and promulgation of standards or guide- cials of the Department of Justice as the Attor- bacco products to the Bureau of Alcohol, To- lines under paragraphs (1) and (2) of section ney General may designate, shall provide for the bacco and Firearms’’ and inserting ‘‘by manu- 20(a) of the National Institute of Standards and coordination of all firearms, explosives, tobacco facturers of tobacco products to the Tax and Technology Act (15 U.S.C. 278g–3(a)). enforcement, and arson enforcement functions Trade Bureau’’. TITLE XI—DEPARTMENT OF JUSTICE vested in the Attorney General so as to assure (c) Section 2(4)(J) of the Enhanced Border Se- DIVISIONS maximum cooperation between and among any curity and Visa Entry Reform Act of 2002 Subtitle A—Executive Office for Immigration officer, employee, or agency of the Department (Public Law 107-173; 8 U.S.C.A. 1701(4)(J)) is Review of Justice involved in the performance of these amended by striking ‘‘Bureau of Alcohol, To- and related functions. SEC. 1101. LEGAL STATUS OF EOIR. bacco, and Firearms’’ and inserting ‘‘Bureau of (4) PERFORMANCE OF TRANSFERRED FUNC- Alcohol, Tobacco, Firearms, and Explosives, De- (a) EXISTENCE OF EOIR.—There is in the De- TIONS.—The Attorney General may make such partment of Justice the Executive Office for Im- partment of Justice’’. provisions as the Attorney General determines (d) Section 3(1)(E) of the Firefighters’ Safety migration Review, which shall be subject to the appropriate to authorize the performance by Study Act (15 U.S.C. 2223b(1)(E)) is amended by direction and regulation of the Attorney Gen- any officer, employee, or agency of the Depart- striking ‘‘the Bureau of Alcohol, Tobacco, and eral under section 103(g) of the Immigration and ment of Justice of any function transferred to Firearms,’’ and inserting ‘‘the Bureau of Alco- Nationality Act, as added by section 1102. the Attorney General under this section. hol, Tobacco, Firearms, and Explosives, Depart- SEC. 1102. AUTHORITIES OF THE ATTORNEY GEN- (b) RESPONSIBILITIES.—Subject to the direction ment of Justice,’’. ERAL. of the Attorney General, the Bureau shall be re- (e) Chapter 40 of title 18, United States Code, Section 103 of the Immigration and Nation- sponsible for investigating— is amended— ality Act (8 U.S.C. 1103) as amended by this Act, (1) criminal and regulatory violations of the (1) by striking section 841(k) and inserting the is further amended by— Federal firearms, explosives, arson, alcohol, and following: (1) amending the heading to read as follows: tobacco smuggling laws; ‘‘(k) ‘Attorney General’ means the Attorney ‘‘POWERS AND DUTIES OF THE SECRETARY, THE (2) the functions transferred by subsection (c); General of the United States.’’; UNDER SECRETARY, AND THE ATTORNEY GEN- and (2) in section 846(a), by striking ‘‘the Attorney ERAL’’; (3) any other function related to the investiga- General and the Federal Bureau of Investiga- tion of violent crime or domestic terrorism that (2) in subsection (a)— tion, together with the Secretary’’ and inserting is delegated to the Bureau by the Attorney Gen- (A) by inserting ‘‘Attorney General,’’ after ‘‘the Federal Bureau of Investigation, together eral. ‘‘President,’’; and with the Bureau of Alcohol, Tobacco, Firearms, (c) TRANSFER OF AUTHORITIES, FUNCTIONS, (B) by redesignating paragraphs (8), (9), (8) and Explosives’’; and PERSONNEL, AND ASSETS TO THE DEPARTMENT OF (as added by section 372 of Public Law 104–208), (3) by striking ‘‘Secretary’’ each place it ap- JUSTICE.— pears and inserting ‘‘Attorney General’’. and (9) (as added by section 372 of Public Law (1) IN GENERAL.—Subject to paragraph (2), but 104–208) as paragraphs (8), (9), (10), and (11), re- (f) Chapter 44 of title 18, United States Code, notwithstanding any other provision of law, is amended— spectively; and there are transferred to the Department of Jus- (3) by adding at the end the following new (1) in section 921(a)(4)(B), by striking tice the authorities, functions, personnel, and ‘‘Secretary’’ and inserting ‘‘Attorney General’’; subsection: assets of the Bureau of Alcohol, Tobacco and ‘‘(g) ATTORNEY GENERAL.— (2) in section 921(a)(4), by striking ‘‘Secretary Firearms, which shall be maintained as a dis- of the Treasury’’ and inserting ‘‘Attorney Gen- ‘‘(1) IN GENERAL.—The Attorney General shall tinct entity within the Department of Justice, have such authorities and functions under this eral’’; including the related functions of the Secretary (3) in section 921(a), by striking paragraph Act and all other laws relating to the immigra- of the Treasury. tion and naturalization of aliens as were exer- (18) and inserting the following: (2) ADMINISTRATION AND REVENUE COLLECTION ‘‘(18) The term ‘Attorney General’ means the cised by the Executive Office for Immigration FUNCTIONS.—There shall be retained within the Attorney General of the United States’’; Review, or by the Attorney General with respect Department of the Treasury the authorities, (4) in section 922(p)(5)(A), by striking ‘‘after to the Executive Office for Immigration Review, functions, personnel, and assets of the Bureau consultation with the Secretary’’ and inserting on the day before the effective date of the Immi- of Alcohol, Tobacco and Firearms relating to the ‘‘after consultation with the Attorney General’’; gration Reform, Accountability and Security administration and enforcement of chapters 51 (5) in section 923(l), by striking ‘‘Secretary of Enhancement Act of 2002. and 52 of the Internal Revenue Code of 1986, the Treasury’’ and inserting ‘‘Attorney Gen- ‘‘(2) POWERS.—The Attorney General shall es- sections 4181 and 4182 of the Internal Revenue eral’’; and tablish such regulations, prescribe such forms of Code of 1986, and title 27, United States Code. (6) by striking ‘‘Secretary’’ each place it ap- bond, reports, entries, and other papers, issue (3) BUILDING PROSPECTUS.—Prospectus PDC- pears, except before ‘‘of the Army’’ in section such instructions, review such administrative 98W10, giving the General Services Administra- 921(a)(4) and before ‘‘of Defense’’ in section determinations in immigration proceedings, dele- tion the authority for site acquisition, design, 922(p)(5)(A), and inserting the term ‘‘Attorney gate such authority, and perform such other and construction of a new headquarters build- General’’. acts as the Attorney General determines to be ing for the Bureau of Alcohol, Tobacco and (g) Section 1261(a) of title 18, United States necessary for carrying out this section.’’. Firearms, is transferred, and deemed to apply, Code, is amended to read as follows: SEC. 1103. STATUTORY CONSTRUCTION. to the Bureau of Alcohol, Tobacco, Firearms, ‘‘(a) The Attorney General— Nothing in this Act, any amendment made by and Explosives established in the Department of ‘‘(1) shall enforce the provisions of this chap- this Act, or in section 103 of the Immigration Justice under subsection (a). ter; and and Nationality Act, as amended by section (d) TAX AND TRADE BUREAU.— ‘‘(2) has the authority to issue regulations to 1102, shall be construed to limit judicial def- (1) ESTABLISHMENT.—There is established carry out the provisions of this chapter.’’. erence to regulations, adjudications, interpreta- within the Department of the Treasury the Tax (h) Section 1952(c) of title 18, United States tions, orders, decisions, judgments, or any other and Trade Bureau. Code, is amended by striking ‘‘Secretary of the actions of the Secretary of Homeland Security or (2) ADMINISTRATOR.—The Tax and Trade Bu- Treasury’’ and inserting ‘‘Attorney General’’. the Attorney General. reau shall be headed by an Administrator, who (i) Chapter 114 of title 18, United States Code, shall perform such duties as assigned by the is amended— Subtitle B—Transfer of the Bureau of Alcohol, Under Secretary for Enforcement of the Depart- (1) by striking section 2341(5), and inserting Tobacco and Firearms to the Department of ment of the Treasury. The Administrator shall the following: Justice occupy a career-reserved position within the ‘‘(5) the term ‘Attorney General’ means the SEC. 1111. BUREAU OF ALCOHOL, TOBACCO, FIRE- Senior Executive Service. Attorney General of the United States’’; and ARMS, AND EXPLOSIVES. (3) RESPONSIBILITIES.—The authorities, func- (2) by striking ‘‘Secretary’’ each place it ap- (a) ESTABLISHMENT.— tions, personnel, and assets of the Bureau of Al- pears and inserting ‘‘Attorney General’’.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00041 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.036 H22PT1 H9078 CONGRESSIONAL RECORD — HOUSE November 22, 2002 (j) Section 6103(i)(8)(A)(i) of the Internal Rev- (4) in subsection (o)(1), as redesignated by ‘‘(D) the compromise of claims, enue Code of 1986 (relating to confidentiality paragraph (3), by striking ‘‘Bureau of Alcohol, shall apply to seizures and forfeitures incurred, and disclosure of returns and return informa- Tobacco and Firearms’’ and inserting ‘‘Tax and or alleged to have been incurred, under any ap- tion) is amended by striking ‘‘or the Bureau of Trade Bureau’’. plicable provision of law enforced or adminis- Alcohol, Tobacco and Firearms’’ and inserting (o) Section 609N(2)(L) of the Justice Assistance tered by the Bureau of Alcohol, Tobacco, Fire- ‘‘, the Bureau of Alcohol, Tobacco, Firearms, Act of 1984 (42 U.S.C. 10502(2)(L)) is amended by arms, and Explosives. and Explosives, Department of Justice, or the striking ‘‘Bureau of Alcohol, Tobacco, and Fire- ‘‘(2) For purposes of paragraph (1), duties Tax and Trade Bureau, Department of the arms’’ and inserting ‘‘Bureau of Alcohol, To- that are imposed upon a customs officer or any Treasury,’’. bacco, Firearms, and Explosives, Department of other person with respect to the seizure and for- (k) Section 7801(a) of the Internal Revenue Justice’’. feiture of property under the customs laws of Code of 1986 (relating to the authority of the (p) Section 32401(a) of the Violent Crime Con- the United States shall be performed with re- Department of the Treasury) is amended— trol and Law Enforcement Act of 1994 (42 U.S.C. spect to seizures and forfeitures of property (1) by striking ‘‘SECRETARY.—Except’’ and in- 13921(a)) is amended— under this section by such officers, agents, or (1) by striking ‘‘Secretary of the Treasury’’ serting ‘‘SECRETARY.— any other person as may be authorized or des- each place it appears and inserting ‘‘Attorney ‘‘(1) IN GENERAL.—Except’’; and ignated for that purpose by the Attorney Gen- (2) by adding at the end the following: General’’; and eral. ‘‘(2) ADMINISTRATION AND ENFORCEMENT OF (2) in subparagraph (3)(B), by striking ‘‘(3) Notwithstanding any other provision of CERTAIN PROVISIONS BY ATTORNEY GENERAL.— ‘‘Bureau of Alcohol, Tobacco and Firearms’’ law, the disposition of firearms forfeited by rea- ‘‘(A) IN GENERAL.—The administration and and inserting ‘‘Bureau of Alcohol, Tobacco, son of a violation of any law of the United enforcement of the following provisions of this Firearms, and Explosives, Department of Jus- States shall be governed by the provisions of sec- title shall be performed by or under the super- tice’’. tion 5872(b) of the Internal Revenue Code of vision of the Attorney General; and the term (q) Section 80303 of title 49, United States 1986.’’. ‘Secretary’ or ‘Secretary of the Treasury’ shall, Code, is amended— when applied to those provisions, mean the At- (1) by inserting ‘‘or, when the violation of this SEC. 1114. EXPLOSIVES TRAINING AND RESEARCH torney General; and the term ‘internal revenue chapter involves contraband described in para- FACILITY. officer’ shall, when applied to those provisions, graph (2) or (5) of section 80302(a), the Attorney (a) ESTABLISHMENT.—There is established mean any officer of the Bureau of Alcohol, To- General’’ after ‘‘section 80304 of this title.’’; and within the Bureau an Explosives Training and bacco, Firearms, and Explosives so designated (2) by inserting ‘‘, the Attorney General,’’ Research Facility at Fort AP Hill, Fredericks- by the Attorney General: after ‘‘by the Secretary’’. burg, Virginia. ‘‘(i) Chapter 53. (r) Section 80304 of title 49, United States (b) PURPOSE.—The facility established under ‘‘(ii) Chapters 61 through 80, to the extent Code, is amended— subsection (a) shall be utilized to train Federal, such chapters relate to the enforcement and ad- (1) in subsection (a), by striking ‘‘(b) and (c)’’ State, and local law enforcement officers to— ministration of the provisions referred to in and inserting ‘‘(b), (c), and (d)’’; (1) investigate bombings and explosions; clause (i). (2) by redesignating subsection (d) as sub- (2) properly handle, utilize, and dispose of ex- ‘‘(B) USE OF EXISTING RULINGS AND INTERPRE- section (e); and plosive materials and devices; TATIONS.—Nothing in this Act alters or repeals (3) by inserting after subsection (c), the fol- (3) train canines on explosive detection; and the rulings and interpretations of the Bureau of lowing: (4) conduct research on explosives. Alcohol, Tobacco, and Firearms in effect on the ‘‘(d) ATTORNEY GENERAL.—The Attorney Gen- (c) AUTHORIZATION OF APPROPRIATIONS.— effective date of the Homeland Security Act of eral, or officers, employees, or agents of the Bu- (1) IN GENERAL.—There are authorized to be 2002, which concern the provisions of this title reau of Alcohol, Tobacco, Firearms, and Explo- appropriated such sums as may be necessary to referred to in subparagraph (A). The Attorney sives, Department of Justice designated by the establish and maintain the facility established General shall consult with the Secretary to Attorney General, shall carry out the laws re- under subsection (a). achieve uniformity and consistency in admin- ferred to in section 80306(b) of this title to the (2) AVAILABILITY OF FUNDS.—Any amounts istering provisions under chapter 53 of title 26, extent that the violation of this chapter involves appropriated pursuant to paragraph (1) shall United States Code.’’. contraband described in section 80302 (a)(2) or remain available until expended. (l) Section 2006(2) of title 28, United States (a)(5).’’. SEC. 1115. PERSONNEL MANAGEMENT DEM- Code, is amended by inserting ‘‘, the Director, (s) Section 103 of the Gun Control Act of 1968 ONSTRATION PROJECT. Bureau of Alcohol, Tobacco, Firearms, and Ex- (Public Law 90–618; 82 Stat. 1226) is amended by Notwithstanding any other provision of law, plosives, Department of Justice,’’ after ‘‘the Sec- striking ‘‘Secretary of the Treasury’’ and insert- the Personnel Management Demonstration retary of the Treasury’’. ing ‘‘Attorney General’’. Project established under section 102 of title I of (m) Section 713 of title 31, United States Code, SEC. 1113. POWERS OF AGENTS OF THE BUREAU Division C of the Omnibus Consolidated and is amended— OF ALCOHOL, TOBACCO, FIREARMS, Emergency Supplemental Appropriations Act for (1) by striking the section heading and insert- AND EXPLOSIVES. Fiscal Year 1999 (Pub. L. 105–277; 122 Stat. 2681– ing the following: Chapter 203 of title 18, United States Code, is 585) shall be transferred to the Attorney General amended by adding the following: ‘‘§ 713. Audit of Internal Revenue Service, Tax of the United States for continued use by the and Trade Bureau, and Bureau of Alcohol, ‘‘§ 3051. Powers of Special Agents of Bureau of Bureau of Alcohol, Tobacco, Firearms, and Ex- Tobacco, Firearms, and Explosives’’; Alcohol, Tobacco, Firearms, and Explosives. plosives, Department of Justice, and the Sec- (2) in subsection (a), by striking ‘‘Bureau of ‘‘(a) Special agents of the Bureau of Alcohol, retary of the Treasury for continued use by the Alcohol, Tobacco, and Firearms,’’ and inserting Tobacco, Firearms, and Explosives, as well as Tax and Trade Bureau. ‘‘Tax and Trade Bureau, Department of the any other investigator or officer charged by the Subtitle C—Explosives Attorney General with the duty of enforcing Treasury, and the Bureau of Alcohol, Tobacco, SEC. 1121. SHORT TITLE. Firearms, and Explosives, Department of Jus- any of the criminal, seizure, or forfeiture provisions of the laws of the United States, may This subtitle may be referred to as the ‘‘Safe tice’’; and Explosives Act’’. (3) in subsection (b) carry firearms, serve warrants and subpoenas (A) in paragraph (1)(B), by striking ‘‘or the issued under the authority of the United States SEC. 1122. PERMITS FOR PURCHASERS OF EXPLO- SIVES. Bureau’’ and inserting ‘‘or either Bureau’’; and make arrests without warrant for any of- (B) in paragraph (2)— fense against the United States committed in (a) DEFINITIONS.—Section 841 of title 18, (i) by striking ‘‘or the Bureau’’ and inserting their presence, or for any felony cognizable United States Code, is amended— ‘‘or either Bureau’’; and under the laws of the United States if they have (1) by striking subsection (j) and inserting the (ii) by striking ‘‘and the Director of the Bu- reasonable grounds to believe that the person to following: reau’’ and inserting ‘‘the Tax and Trade Bu- be arrested has committed or is committing such ‘‘(j) ‘Permittee’ means any user of explosives reau, Department of the Treasury, and the Di- felony. for a lawful purpose, who has obtained either a rector of the Bureau of Alcohol, Tobacco, Fire- ‘‘(b) Any special agent of the Bureau of Alco- user permit or a limited permit under the provi- arms, and Explosives, Department of Justice’’; hol, Tobacco, Firearms, and Explosives may, in sions of this chapter.’’; and and respect to the performance of his or her duties, (2) by adding at the end the following: (C) in paragraph (3), by striking ‘‘or the Bu- make seizures of property subject to forfeiture to ‘‘(r) ‘Alien’ means any person who is not a reau’’ and inserting ‘‘or either Bureau’’. the United States. citizen or national of the United States. (n) Section 9703 of title 31, United States Code, ‘‘(c)(1) Except as provided in paragraphs (2) ‘‘(s) ‘Responsible person’ means an individual is amended— and (3), and except to the extent that such pro- who has the power to direct the management (1) in subsection (a)(2)(B)— visions conflict with the provisions of section 983 and policies of the applicant pertaining to ex- (A) in clause (iii)(III), by inserting ‘‘and’’ of title 18, United States Code, insofar as section plosive materials.’’. after the semicolon; 983 applies, the provisions of the Customs laws (b) PERMITS FOR PURCHASE OF EXPLOSIVES.— (B) in clause (iv), by striking ‘‘; and’’ and in- relating to— Section 842 of title 18, United States Code, is serting a period; and ‘‘(A) the seizure, summary and judicial for- amended— (C) by striking clause (v); feiture, and condemnation of property; (1) in subsection (a)(2), by striking ‘‘and’’ at (2) by striking subsection (o); ‘‘(B) the disposition of such property; the end; (3) by redesignating existing subsection (p) as ‘‘(C) the remission or mitigation of such for- (2) by striking subsection (a)(3) and inserting subsection (o); and feiture; and the following:

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00042 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.037 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9079 ‘‘(3) other than a licensee or permittee know- will not receive explosive materials on more than ‘‘(B) is in lawful nonimmigrant status, is a ingly— 6 separate occasions during the 12-month period refugee admitted under section 207 of the Immi- ‘‘(A) to transport, ship, cause to be trans- for which the limited permit is valid.’’. gration and Nationality Act (8 U.S.C. 1157), or ported, or receive any explosive materials; or (e) APPLICATION APPROVAL.—Section 843(c) of is in asylum status under section 208 of the Im- ‘‘(B) to distribute explosive materials to any title 18, United States Code, is amended by strik- migration and Nationality Act (8 U.S.C. 1158), person other than a licensee or permittee; or ing ‘‘forty-five days’’ and inserting ‘‘90 days for and— ‘‘(4) who is a holder of a limited permit— licenses and permits,’’. ‘‘(i) is a foreign law enforcement officer of a ‘‘(A) to transport, ship, cause to be trans- (f) INSPECTION AUTHORITY.—Section 843(f) of friendly foreign government, as determined by ported, or receive in interstate or foreign com- title 18, United States Code, is amended— the Secretary in consultation with the Secretary merce any explosive materials; or (1) in the first sentence— of State, entering the United States on official ‘‘(B) to receive explosive materials from a li- (A) by striking ‘‘permittees’’ and inserting law enforcement business, and the shipping, censee or permittee, whose premises are located ‘‘holders of user permits’’; and transporting, possession, or receipt of explosive outside the State of residence of the limited per- (B) by inserting ‘‘licensees and permittees’’ be- materials is in furtherance of this official law mit holder, or on more than 6 separate occa- fore ‘‘shall submit’’; enforcement business; (2) in the second sentence, by striking sions, during the period of the permit, to receive ‘‘(ii) is a person having the power to direct or ‘‘permittee’’ the first time it appears and insert- explosive materials from 1 or more licensees or cause the direction of the management and poli- ing ‘‘holder of a user permit’’; and permittees whose premises are located within the cies of a corporation, partnership, or association State of residence of the limited permit holder.’’; (3) by adding at the end the following: ‘‘The Secretary may inspect the places of storage for licensed pursuant to section 843(a), and the and shipping, transporting, possession, or receipt of (3) by striking subsection (b) and inserting the explosive materials of an applicant for a limited permit or, at the time of renewal of such permit, explosive materials is in furtherance of such following: power; ‘‘(b) It shall be unlawful for any licensee or a holder of a limited permit, only as provided in subsection (b)(4). ‘‘(iii) is a member of a North Atlantic Treaty permittee to knowingly distribute any explosive Organization (NATO) or other friendly foreign materials to any person other than— (g) POSTING OF PERMITS.—Section 843(g) of title 18, United States Code, is amended by in- military force, as determined by the Secretary in ‘‘(1) a licensee; consultation with the Secretary of Defense, ‘‘(2) a holder of a user permit; or serting ‘‘user’’ before ‘‘permits’’. (h) BACKGROUND CHECKS; CLEARANCES.—Sec- (whether or not admitted in a nonimmigrant ‘‘(3) a holder of a limited permit who is a resi- status) who is present in the United States dent of the State where distribution is made and tion 843 of title 18, United States Code, is amended by adding at the end the following: under military orders for training or other mili- in which the premises of the transferor are lo- tary purpose authorized by the United States, cated.’’. ‘‘(h)(1) If the Secretary receives, from an employer, the name and other identifying informa- and the shipping, transporting, possession, or (c) LICENSES AND USER PERMITS.—Section tion of a responsible person or an employee who receipt of explosive materials is in furtherance 843(a) of title 18, United States Code, is amend- of the military purpose; or ed— will be authorized by the employer to possess ex- ‘‘(iv) is lawfully present in the United States (1) in the first sentence— plosive materials in the course of employment in cooperation with the Director of Central In- (A) by inserting ‘‘or limited permit’’ after with the employer, the Secretary shall determine telligence, and the shipment, transportation, re- ‘‘user permit’’; and whether the responsible person or employee is ceipt, or possession of the explosive materials is (B) by inserting before the period at the end one of the persons described in any paragraph in furtherance of such cooperation; the following: ‘‘, including the names of and ap- of section 842(i). In making the determination, ‘‘(8) has been discharged from the armed propriate identifying information regarding all the Secretary may take into account a letter or forces under dishonorable conditions; employees who will be authorized by the appli- document issued under paragraph (2). cant to possess explosive materials, as well as ‘‘(2)(A) If the Secretary determines that the ‘‘(9) having been a citizen of the United fingerprints and a photograph of each respon- responsible person or the employee is not one of States, has renounced the citizenship of that sible person’’; the persons described in any paragraph of sec- person.’’. (2) in the second sentence, by striking ‘‘$200 tion 842(i), the Secretary shall notify the em- (b) POSSESSION OF EXPLOSIVE MATERIALS.— for each’’ and inserting ‘‘$50 for a limited permit ployer in writing or electronically of the deter- Section 842(i) of title 18, United States Code, is and $200 for any other’’; and mination and issue, to the responsible person or amended— (3) by striking the third sentence and insert- employee, a letter of clearance, which confirms (1) in paragraph (3), by striking ‘‘or’’ at the ing ‘‘Each license or user permit shall be valid the determination. end; and for not longer than 3 years from the date of ‘‘(B) If the Secretary determines that the re- (2) by inserting after paragraph (4) the fol- issuance and each limited permit shall be valid sponsible person or employee is one of the per- lowing: for not longer than 1 year from the date of sons described in any paragraph of section ‘‘(5) who is an alien, other than an alien issuance. Each license or permit shall be renew- 842(i), the Secretary shall notify the employer in who— able upon the same conditions and subject to writing or electronically of the determination ‘‘(A) is lawfully admitted for permanent resi- the same restrictions as the original license or and issue to the responsible person or the em- dence (as that term is defined in section permit, and upon payment of a renewal fee not ployee, as the case may be, a document that— 101(a)(20) of the Immigration and Nationality ‘‘(i) confirms the determination; to exceed one-half of the original fee.’’. Act); or ‘‘(ii) explains the grounds for the determina- (d) CRITERIA FOR APPROVING LICENSES AND ‘‘(B) is in lawful nonimmigrant status, is a tion; PERMITS.—Section 843(b) of title 18, United refugee admitted under section 207 of the Immi- ‘‘(iii) provides information on how the dis- States Code, is amended— gration and Nationality Act (8 U.S.C. 1157), or ability may be relieved; and (1) by striking paragraph (1) and inserting the is in asylum status under section 208 of the Im- ‘‘(iv) explains how the determination may be migration and Nationality Act (8 U.S.C. 1158), following: appealed.’’. ‘‘(1) the applicant (or, if the applicant is a and— (i) EFFECTIVE DATE.— ‘‘(i) is a foreign law enforcement officer of a corporation, partnership, or association, each (1) IN GENERAL.—The amendments made by friendly foreign government, as determined by responsible person with respect to the applicant) this section shall take effect 180 days after the the Secretary in consultation with the Secretary is not a person described in section 842(i);’’; date of enactment of this Act. of State, entering the United States on official (2) in paragraph (4)— (2) EXCEPTION.—Notwithstanding any provi- law enforcement business, and the shipping, (A) by inserting ‘‘(A) the Secretary verifies by sion of this Act, a license or permit issued under transporting, possession, or receipt of explosive inspection or, if the application is for an origi- section 843 of title 18, United States Code, before materials is in furtherance of this official law nal limited permit or the first or second renewal the date of enactment of this Act, shall remain enforcement business; of such a permit, by such other means as the valid until that license or permit is revoked ‘‘(ii) is a person having the power to direct or Secretary determines appropriate, that’’ before under section 843(d) or expires, or until a timely cause the direction of the management and poli- ‘‘the applicant’’; and application for renewal is acted upon. (B) by adding at the end the following: cies of a corporation, partnership, or association SEC. 1123. PERSONS PROHIBITED FROM RECEIV- licensed pursuant to section 843(a), and the ‘‘(B) subparagraph (A) shall not apply to an ING OR POSSESSING EXPLOSIVE MA- applicant for the renewal of a limited permit if TERIALS. shipping, transporting, possession, or receipt of the Secretary has verified, by inspection within (a) DISTRIBUTION OF EXPLOSIVES.—Section explosive materials is in furtherance of such the preceding 3 years, the matters described in 842(d) of title 18, United States Code, is amend- power; subparagraph (A) with respect to the applicant; ed— ‘‘(iii) is a member of a North Atlantic Treaty and’’; (1) in paragraph (5), by striking ‘‘or’’ at the Organization (NATO) or other friendly foreign (3) in paragraph (5), by striking the period at end; military force, as determined by the Secretary in the end and inserting a semicolon; and (2) in paragraph (6), by striking the period at consultation with the Secretary of Defense, (4) by adding at the end the following: the end and inserting ‘‘or who has been com- (whether or not admitted in a nonimmigrant ‘‘(6) none of the employees of the applicant mitted to a mental institution;’’; and status) who is present in the United States who will be authorized by the applicant to pos- (3) by adding at the end the following: under military orders for training or other mili- sess explosive materials is any person described ‘‘(7) is an alien, other than an alien who— tary purpose authorized by the United States, in section 842(i); and ‘‘(A) is lawfully admitted for permanent resi- and the shipping, transporting, possession, or ‘‘(7) in the case of a limited permit, the appli- dence (as defined in section 101 (a)(20) of the receipt of explosive materials is in furtherance cant has certified in writing that the applicant Immigration and Nationality Act); or of the military purpose; or

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00043 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.037 H22PT1 H9080 CONGRESSIONAL RECORD — HOUSE November 22, 2002 ‘‘(iv) is lawfully present in the United States TITLE XII—AIRLINE WAR RISK INSURANCE TITLE XIII—FEDERAL WORKFORCE in cooperation with the Director of Central In- LEGISLATION IMPROVEMENT telligence, and the shipment, transportation, re- SEC. 1201. AIR CARRIER LIABILITY FOR THIRD Subtitle A—Chief Human Capital Officers ceipt, or possession of the explosive materials is PARTY CLAIMS ARISING OUT OF SEC. 1301. SHORT TITLE. in furtherance of such cooperation; ACTS OF TERRORISM. ‘‘(6) who has been discharged from the armed This title may be cited as the ‘‘Chief Human Section 44303 of title 49, United States Code, is Capital Officers Act of 2002’’. forces under dishonorable conditions; amended— ‘‘(7) who, having been a citizen of the United SEC. 1302. AGENCY CHIEF HUMAN CAPITAL OFFI- States, has renounced the citizenship of that (1) by inserting ‘‘(a) IN GENERAL.—’’ before CERS. person’’; and ‘‘The Secretary of Transportation’’; (a) IN GENERAL.—Part II of title 5, United (3) by inserting ‘‘or affecting’’ before (2) by moving the text of paragraph (2) of sec- States Code, is amended by inserting after chap- ‘‘interstate’’ each place that term appears. tion 201(b) of the Air Transportation Safety and ter 13 the following: SEC. 1124. REQUIREMENT TO PROVIDE SAMPLES System Stabilization Act (115 Stat. 235) to the ‘‘CHAPTER 14—AGENCY CHIEF HUMAN OF EXPLOSIVE MATERIALS AND AM- end and redesignating such paragraph as sub- CAPITAL OFFICERS MONIUM NITRATE. section (b); ‘‘Sec. Section 843 of title 18, United States Code, as (3) in subsection (b) (as so redesignated)— ‘‘1401. Establishment of agency Chief Human amended by this Act, is amended by adding at (A) by striking the subsection heading and in- Capital Officers. the end the following: serting ‘‘AIR CARRIER LIABILITY FOR THIRD ‘‘1402. Authority and functions of agency Chief ‘‘(i) FURNISHING OF SAMPLES.— PARTY CLAIMS ARISING OUT OF ACTS OF TER- Human Capital Officers. ‘‘(1) IN GENERAL.—Licensed manufacturers RORISM.—’’; ‘‘§ 1401. Establishment of agency Chief Human and licensed importers and persons who manu- (B) in the first sentence by striking ‘‘the 180- Capital Officers facture or import explosive materials or ammo- day period following the date of enactment of nium nitrate shall, when required by letter this Act, the Secretary of Transportation’’ and ‘‘The head of each agency referred to under issued by the Secretary, furnish— inserting ‘‘the period beginning on September paragraphs (1) and (2) of section 901(b) of title ‘‘(A) samples of such explosive materials or 22, 2001, and ending on December 31, 2003, the 31 shall appoint or designate a Chief Human ammonium nitrate; Secretary’’; and Capital Officer, who shall— ‘‘(B) information on chemical composition of ‘‘(1) advise and assist the head of the agency those products; and (C) in the last sentence by striking ‘‘this paragraph’’ and inserting ‘‘this subsection’’. and other agency officials in carrying out the ‘‘(C) any other information that the Secretary agency’s responsibilities for selecting, devel- determines is relevant to the identification of SEC. 1202. EXTENSION OF INSURANCE POLICIES. oping, training, and managing a high-quality, the explosive materials or to identification of the Section 44302 of title 49, United States Code, is productive workforce in accordance with merit ammonium nitrate. amended by adding at the end the following: system principles; ‘‘(2) REIMBURSEMENT.—The Secretary shall, ‘‘(f) EXTENSION OF POLICIES.— ‘‘(2) implement the rules and regulations of by regulation, authorize reimbursement of the ‘‘(1) IN GENERAL.—The Secretary shall extend the President and the Office of Personnel Man- fair market value of samples furnished pursuant through August 31, 2003, and may extend agement and the laws governing the civil service to this subsection, as well as the reasonable through December 31, 2003, the termination date within the agency; and costs of shipment.’’. of any insurance policy that the Department of ‘‘(3) carry out such functions as the primary SEC. 1125. DESTRUCTION OF PROPERTY OF INSTI- Transportation issued to an air carrier under duty of the Chief Human Capital Officer. TUTIONS RECEIVING FEDERAL FI- subsection (a) and that is in effect on the date NANCIAL ASSISTANCE. ‘‘§ 1402. Authority and functions of agency of enactment of this subsection on no less favor- Section 844(f)(1) of title 18, United States Chief Human Capital Officers able terms to the air carrier than existed on Code, is amended by inserting before the word ‘‘(a) The functions of each Chief Human Cap- June 19, 2002; except that the Secretary shall ‘‘shall’’ the following: ‘‘or any institution or or- ital Officer shall include— amend the insurance policy, subject to such ganization receiving Federal financial assist- ‘‘(1) setting the workforce development strat- terms and conditions as the Secretary may pre- ance,’’. egy of the agency; scribe, to add coverage for losses or injuries to ‘‘(2) assessing workforce characteristics and SEC. 1126. RELIEF FROM DISABILITIES. aircraft hulls, passengers, and crew at the limits Section 845(b) of title 18, United States Code, future needs based on the agency’s mission and carried by air carriers for such losses and inju- strategic plan; is amended to read as follows: ries as of such date of enactment and at an ad- ‘‘(b)(1) A person who is prohibited from ship- ‘‘(3) aligning the agency’s human resources ditional premium comparable to the premium ping, transporting, receiving, or possessing any policies and programs with organization mis- charged for third-party casualty coverage under explosive under section 842(i) may apply to the sion, strategic goals, and performance outcomes; such policy. Secretary for relief from such prohibition. ‘‘(4) developing and advocating a culture of ‘‘(2) The Secretary may grant the relief re- ‘‘(2) SPECIAL RULES.—Notwithstanding para- continuous learning to attract and retain em- quested under paragraph (1) if the Secretary de- graph (1)— ployees with superior abilities; termines that the circumstances regarding the ‘‘(A) in no event shall the total premium paid ‘‘(5) identifying best practices and applicability of section 842(i), and the appli- by the air carrier for the policy, as amended, be benchmarking studies, and cant’s record and reputation, are such that the more than twice the premium that the air carrier ‘‘(6) applying methods for measuring intellec- applicant will not be likely to act in a manner was paying to the Department of Transpor- tual capital and identifying links of that capital dangerous to public safety and that the grant- tation for its third party policy as of June 19, to organizational performance and growth. ing of such relief is not contrary to the public 2002; and ‘‘(b) In addition to the authority otherwise interest. ‘‘(B) the coverage in such policy shall begin provided by this section, each agency Chief ‘‘(3) A licensee or permittee who applies for re- with the first dollar of any covered loss that is Human Capital Officer— lief, under this subsection, from the disabilities incurred.’’. ‘‘(1) shall have access to all records, reports, incurred under this chapter as a result of an in- SEC. 1203. CORRECTION OF REFERENCE. audits, reviews, documents, papers, recommendations, or other material that— dictment for or conviction of a crime punishable Effective November 19, 2001, section 147 of the ‘‘(A) are the property of the agency or are by imprisonment for a term exceeding 1 year Aviation and Transportation Security Act shall not be barred by such disability from fur- available to the agency; and (Public Law 107–71) is amended by striking ‘‘(B) relate to programs and operations with ther operations under the license or permit ‘‘(b)’’ and inserting ‘‘(c)’’. pending final action on an application for relief respect to which that agency Chief Human Cap- filed pursuant to this section.’’. SEC. 1204. REPORT. ital Officer has responsibilities under this chap- SEC. 1127. THEFT REPORTING REQUIREMENT. Not later than 90 days after the date of enact- ter; and Section 844 of title 18, United States Code, is ment of this Act, the Secretary shall transmit to ‘‘(2) may request such information or assist- amended by adding at the end the following: the Committee on Commerce, Science, and ance as may be necessary for carrying out the ‘‘(p) THEFT REPORTING REQUIREMENT.— Transportation of the Senate and the Committee duties and responsibilities provided by this ‘‘(1) IN GENERAL.—A holder of a license or per- on Transportation and Infrastructure of the chapter from any Federal, State, or local gov- mit who knows that explosive materials have House of Representatives a report that— ernmental entity.’’. been stolen from that licensee or permittee, shall (A) evaluates the availability and cost of com- (b) TECHNICAL AND CONFORMING AMEND- report the theft to the Secretary not later than mercial war risk insurance for air carriers and MENT.—The table of chapters for chapters for 24 hours after the discovery of the theft. other aviation entities for passengers and third part II of title 5, United States Code, is amended ‘‘(2) PENALTY.—A holder of a license or permit parties; by inserting after the item relating to chapter 13 who does not report a theft in accordance with (B) analyzes the economic effect upon air car- the following: paragraph (1), shall be fined not more than riers and other aviation entities of available ‘‘14. Agency Chief Human Capital Of- $10,000, imprisoned not more than 5 years, or commercial war risk insurance; and ficers ...... 1401’’. both.’’. (C) describes the manner in which the Depart- SEC. 1303. CHIEF HUMAN CAPITAL OFFICERS SEC. 1128. AUTHORIZATION OF APPROPRIATIONS. ment could provide an alternative means of pro- COUNCIL. There is authorized to be appropriated such viding aviation war risk reinsurance covering (a) ESTABLISHMENT.—There is established a sums as necessary to carry out this subtitle and passengers, crew, and third parties through use Chief Human Capital Officers Council, con- the amendments made by this subtitle. of a risk-retention group or by other means. sisting of—

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00044 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.037 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9081 (1) the Director of the Office of Personnel ital Officer shall prepare that portion of the an- necessary to carry out the provisions of this sec- Management, who shall act as chairperson of nual performance plan described under sub- tion.’’. the Council; section (a)(3).’’. (b) TECHNICAL AND CONFORMING AMEND- (2) the Deputy Director for Management of (b) PROGRAM PERFORMANCE REPORTS.—Sec- MENT.—The table of sections for chapter 33 of the Office of Management and Budget, who tion 1116(d) of title 31, United States Code, is title 5, United States Code, is amended by strik- shall act as vice chairperson of the Council; and amended— ing the item relating to section 3319 and insert- (3) the Chief Human Capital Officers of Exec- (1) in paragraph (4), by striking ‘‘and’’ after ing the following: utive departments and any other members who the semicolon; ‘‘3319. Alternative ranking and selection proce- (2) by redesignating paragraph (5) as para- are designated by the Director of the Office of dures.’’. Personnel Management. graph (6); and SEC. 1313. PERMANENT EXTENSION, REVISION, (b) FUNCTIONS.—The Chief Human Capital (3) by inserting after paragraph (4) the following: AND EXPANSION OF AUTHORITIES Officers Council shall meet periodically to ad- FOR USE OF VOLUNTARY SEPARA- vise and coordinate the activities of the agencies ‘‘(5) include a review of the performance goals TION INCENTIVE PAY AND VOL- of its members on such matters as modernization and evaluation of the performance plan relative UNTARY EARLY RETIREMENT. of human resources systems, improved quality of to the agency’s strategic human capital manage- (a) VOLUNTARY SEPARATION INCENTIVE PAY- human resources information, and legislation ment; and’’. MENTS.— affecting human resources operations and orga- SEC. 1312. REFORM OF THE COMPETITIVE SERV- (1) IN GENERAL.— nizations. ICE HIRING PROCESS. (A) AMENDMENT TO TITLE 5, UNITED STATES (c) EMPLOYEE LABOR ORGANIZATIONS AT (a) IN GENERAL.—Chapter 33 of title 5, United CODE.—Chapter 35 of title 5, United States Code, MEETINGS.—The Chief Human Capital Officers States Code, is amended— is amended by inserting after subchapter I the Council shall ensure that representatives of (1) in section 3304(a)— following: Federal employee labor organizations are (A) in paragraph (1), by striking ‘‘and’’ after ‘‘SUBCHAPTER II—VOLUNTARY present at a minimum of 1 meeting of the Coun- the semicolon; SEPARATION INCENTIVE PAYMENTS cil each year. Such representatives shall not be (B) in paragraph (2), by striking the period members of the Council. and inserting ‘‘; and’’; and ‘‘§ 3521. Definitions (d) ANNUAL REPORT.—Each year the Chief (C) by adding at the end of the following: ‘‘In this subchapter, the term— Human Capital Officers Council shall submit a ‘‘(3) authority for agencies to appoint, with- ‘‘(1) ‘agency’ means an Executive agency as report to Congress on the activities of the Coun- out regard to the provision of sections 3309 defined under section 105; and cil. through 3318, candidates directly to positions ‘‘(2) ‘employee’— SEC. 1304. STRATEGIC HUMAN CAPITAL MANAGE- for which— ‘‘(A) means an employee as defined under sec- MENT. ‘‘(A) public notice has been given; and tion 2105 employed by an agency and an indi- Section 1103 of title 5, United States Code, is ‘‘(B) the Office of Personnel Management has vidual employed by a county committee estab- amended by adding at the end the following: determined that there exists a severe shortage of lished under section 8(b)(5) of the Soil Conserva- ‘‘(c)(1) The Office of Personnel Management candidates or there is a critical hiring need. tion and Domestic Allotment Act (16 U.S.C. The Office shall prescribe, by regulation, cri- shall design a set of systems, including appro- 590h(b)(5)) who— teria for identifying such positions and may del- priate metrics, for assessing the management of ‘‘(i) is serving under an appointment without egate authority to make determinations under human capital by Federal agencies. time limitation; and such criteria.’’; and ‘‘(2) The systems referred to under paragraph ‘‘(ii) has been currently employed for a con- (2) by inserting after section 3318 the fol- (1) shall be defined in regulations of the Office tinuous period of at least 3 years; and lowing: of Personnel Management and include stand- ‘‘(B) shall not include— ards for— ‘‘§ 3319. Alternative ranking and selection pro- ‘‘(i) a reemployed annuitant under subchapter ‘‘(A)(i) aligning human capital strategies of cedures III of chapter 83 or 84 or another retirement sys- agencies with the missions, goals, and organiza- ‘‘(a) The Office, in exercising its authority tem for employees of the Government; tional objectives of those agencies; and under section 3304, or an agency to which the ‘‘(ii) an employee having a disability on the ‘‘(ii) integrating those strategies into the Office has delegated examining authority under basis of which such employee is or would be eli- budget and strategic plans of those agencies; section 1104(a)(2), may establish category rating gible for disability retirement under subchapter ‘‘(B) closing skill gaps in mission critical occu- systems for evaluating applicants for positions III of chapter 83 or 84 or another retirement sys- pations; in the competitive service, under 2 or more qual- tem for employees of the Government. ‘‘(C) ensuring continuity of effective leader- ity categories based on merit consistent with ‘‘(iii) an employee who is in receipt of a deci- ship through implementation of recruitment, de- regulations prescribed by the Office of Personnel sion notice of involuntary separation for mis- velopment, and succession plans; Management, rather than assigned individual conduct or unacceptable performance; ‘‘(D) sustaining a culture that cultivates and numerical ratings. ‘‘(iv) an employee who has previously received develops a high performing workforce; ‘‘(b) Within each quality category established any voluntary separation incentive payment ‘‘(E) developing and implementing a knowl- under subsection (a), preference-eligibles shall from the Federal Government under this sub- edge management strategy supported by appro- be listed ahead of individuals who are not pref- chapter or any other authority; priate investment in training and technology; erence eligibles. For other than scientific and ‘‘(v) an employee covered by statutory reem- and professional positions at GS–9 of the General ployment rights who is on transfer employment ‘‘(F) holding managers and human resources Schedule (equivalent or higher), qualified pref- with another organization; or officers accountable for efficient and effective erence-eligibles who have a compensable service- ‘‘(vi) any employee who— human resources management in support of connected disability of 10 percent or more shall ‘‘(I) during the 36-month period preceding the agency missions in accordance with merit sys- be listed in the highest quality category. date of separation of that employee, performed tem principles.’’. ‘‘(c)(1) An appointing official may select any service for which a student loan repayment ben- SEC. 1305. EFFECTIVE DATE. applicant in the highest quality category or, if efit was or is to be paid under section 5379; This subtitle shall take effect 180 days after fewer than 3 candidates have been assigned to ‘‘(II) during the 24-month period preceding the date of enactment of this Act. the highest quality category, in a merged cat- the date of separation of that employee, per- Subtitle B—Reforms Relating to Federal egory consisting of the highest and the second formed service for which a recruitment or relo- Human Capital Management highest quality categories. cation bonus was or is to be paid under section SEC. 1311. INCLUSION OF AGENCY HUMAN CAP- ‘‘(2) Notwithstanding paragraph (1), the ap- 5753; or ITAL STRATEGIC PLANNING IN PER- pointing official may not pass over a preference- ‘‘(III) during the 12-month period preceding FORMANCE PLANS AND PROGRAMS eligible in the same category from which selec- the date of separation of that employee, per- PERFORMANCE REPORTS. tion is made, unless the requirements of section formed service for which a retention bonus was (a) PERFORMANCE PLANS.—Section 1115 of title 3317(b) or 3318(b), as applicable, are satisfied. or is to be paid under section 5754. 31, United States Code, is amended— ‘‘(d) Each agency that establishes a category (1) in subsection (a), by striking paragraph (3) rating system under this section shall submit in ‘‘§ 3522. Agency plans; approval and inserting the following: each of the 3 years following that establishment, ‘‘(a) Before obligating any resources for vol- ‘‘(3) provide a description of how the perform- a report to Congress on that system including untary separation incentive payments, the head ance goals and objectives are to be achieved, in- information on— of each agency shall submit to the Office of Per- cluding the operation processes, training, skills ‘‘(1) the number of employees hired under that sonnel Management a plan outlining the in- and technology, and the human, capital, infor- system; tended use of such incentive payments and a mation, and other resources and strategies re- ‘‘(2) the impact that system has had on the proposed organizational chart for the agency quired to meet those performance goals and ob- hiring of veterans and minorities, including once such incentive payments have been com- jectives.’’; those who are American Indian or Alaska Na- pleted. (2) by redesignating subsection (f) as sub- tives, Asian, Black or African American, and ‘‘(b) The plan of an agency under subsection section (g); and native Hawaiian or other Pacific Islanders; and (a) shall include— (3) by inserting after subsection (e) the fol- ‘‘(3) the way in which managers were trained ‘‘(1) the specific positions and functions to be lowing: in the administration of that system. reduced or eliminated; ‘‘(f) With respect to each agency with a Chief ‘‘(e) The Office of Personnel Management ‘‘(2) a description of which categories of em- Human Capital Officer, the Chief Human Cap- may prescribe such regulations as it considers ployees will be offered incentives;

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00045 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.037 H22PT1 H9082 CONGRESSIONAL RECORD — HOUSE November 22, 2002 ‘‘(3) the time period during which incentives ‘‘(B) in case of an emergency involving a di- ‘‘(ii) a significant percentage of employees may be paid; rect threat to life or property, the individual— servicing in such agency (or component) are ‘‘(4) the number and amounts of voluntary ‘‘(i) has skills directly related to resolving the likely to be separated or subject to an immediate separation incentive payments to be offered; and emergency; and reduction in the rate of basic pay (without re- ‘‘(5) a description of how the agency will op- ‘‘(ii) will serve on a temporary basis only so gard to subchapter VI of chapter 53, or com- erate without the eliminated positions and func- long as that individual’s services are made nec- parable provisions); or tions. essary by the emergency. ‘‘(iii) identified as being in positions which ‘‘(c) The Director of the Office of Personnel ‘‘(2) If the employment under this section is are becoming surplus or excess to the agency’s Management shall review each agency’s plan an with an entity in the legislative branch, the future ability to carry out its mission effectively; may make any appropriate modifications in the head of the entity or the appointing official may and plan, in consultation with the Director of the waive the repayment if the individual involved ‘‘(E) as determined by the agency under regu- Office of Management and Budget. A plan possesses unique abilities and is the only quali- lations prescribed by the Office, is within the under this section may not be implemented with- fied applicant available for the position. scope of the offer of voluntary early retirement, out the approval of the Directive of the Office of ‘‘(3) If the employment under this section is which may be made on the basis of— Personnel Management. with the judicial branch, the Director of the Ad- ‘‘(i) 1 or more organizational units; ‘‘§ 3523. Authority to provide voluntary sepa- ministrative Office of the United States Courts ‘‘(ii) 1 or more occupational series or levels; ration incentive payments may waive the repayment if the individual in- ‘‘(iii) 1 or more geographical locations; ‘‘(a) A voluntary separation incentive pay- volved possesses unique abilities and is the only ‘‘(iv) specific periods; ‘‘(v) skills, knowledge, or other factors related ment under this subchapter may be paid to an qualified applicant available for the position. to a position; or employee only as provided in the plan of an ‘‘§ 3525. Regulations ‘‘(vi) any appropriate combination of such agency established under section 3522. ‘‘The Office of Personnel Management may factors;’’. ‘‘(b) A voluntary incentive payment— prescribe regulations to carry out this sub- ‘‘(1) shall be offered to agency employees on (2) FEDERAL EMPLOYEES’ RETIREMENT SYS- chapter.’’. TEM.—Section 8414(b)(1) of title 5, United States the basis of— (B) TECHNICAL AND CONFORMING AMEND- ‘‘(A) 1 or more organizational units; Code, is amended by striking subparagraph (B) MENTS.—Chapter 35 of title 5, United States ‘‘(B) 1 or more occupational series or levels; and inserting the following: ‘‘(C) 1 or more geographical locations; Code, is amended— ‘‘(B)(i) has been employed continuously, by ‘‘(D) skills, knowledge, or other factors related (i) by striking the chapter heading and insert- the agency in which the employee is serving, for to a position; ing the following: at least the 31-day period ending on the date on ‘‘(E) specific periods of time during which eli- ‘‘CHAPTER 35—RETENTION PREFERENCE, which such agency requests the determination gible employees may elect a voluntary incentive VOLUNTARY SEPARATION INCENTIVE referred to in clause (iv); payment; or PAYMENTS, RESTORATION, AND REEM- ‘‘(ii) is serving under an appointment that is ‘‘(F) any appropriate combination of such fac- PLOYMENT’’; not time limited; tors; and ‘‘(iii) has not been duly notified that such em- ‘‘(2) shall be paid in a lump sum after the em- (ii) in the table of sections by inserting after ployee is to be involuntarily separated for mis- ployee’s separation; the item relating to section 3504 the following: conduct or unacceptable performance; ‘‘(3) shall be equal to the lesser of— ‘‘(iv) is separate from the service voluntarily ‘‘SUBCHAPTER II—VOLUNTARY SEPARATION ‘‘(A) an amount equal to the amount the em- during a period in which, as determined by the INCENTIVE PAYMENTS ployee would be entitled to receive under section Office of Personnel Management (upon request 5595(c) if the employee were entitled to payment ‘‘3521. Definitions. of the agency) under regulations prescribed by under such section (without adjustment for any ‘‘3522. Agency plans; approval. the Office— previous payment made); or ‘‘3523. Authority to provide voluntary separa- ‘‘(I) such agency (or, if applicable, the compo- ‘‘(B) an amount determined by the agency tion incentive payments. nent in which the employee is serving) is under- head, not to exceed $25,000; going substantial delayering, substantial reor- ‘‘(4) may be made only in the case of an em- ‘‘3524. Effect of subsequent employment with the Government. ganization, substantial reductions in force, sub- ployee who voluntarily separates (whether by stantial transfer of function, or other substan- ‘‘3525. Regulations.’’. retirement or resignation) under this sub- tial workforce restructuring (or shaping); chapter; (2) ADMINISTRATIVE OFFICE OF THE UNITED ‘‘(II) a significant percentage of employees ‘‘(5) shall not be a basis for payment, and STATES COURTS.—The Director of the Adminis- serving in such agency (or component) are likely shall not be included in the computation, of any trative Office of the United States Courts may, to be separated or subject to an immediate re- other type of Government benefit; by regulation, establish a program substantially duction in the rate of basic pay (without regard ‘‘(6) shall not be taken into account in deter- similar to the program established under para- to subchapter VI of chapter 53, or comparable mining the amount of any severance pay to graph (1) for individuals serving in the judicial provisions); or which the employee may be entitled under sec- branch. ‘‘(III) identified as being in positions which tion 5595, based on another other separation; (3) CONTINUATION OF OTHER AUTHORITY.—Any are becoming surplus or excess to the agency’s and agency exercising any voluntary separation in- future ability to carry out its mission effectively; ‘‘(7) shall be paid from appropriations or centive authority in effect on the effective date and funds available for the payment of the basic pay of this subsection may continue to offer vol- ‘‘(v) as determined by the agency under regu- of the employee. untary separation incentives consistent with lations prescribed by the Office, is within the ‘‘§ 3524. Effect of subsequent employment with that authority until that authority expires. scope of the offer of voluntary early retirement, the Government (4) EFFECTIVE DATE.—This subsection shall which may be made on the basis of— ‘‘(a) The term ‘employment’— take effect 60 days after the date of enactment ‘‘(I) 1 or more organizational units; ‘‘(1) in subsection (b) includes employment of this Act. ‘‘(II) 1 or more occupational series or levels; under a personal services contract (or other di- (b) FEDERAL EMPLOYEE VOLUNTARY EARLY ‘‘(III) 1 or more geographical locations; rect contract) with the United States Govern- RETIREMENT.— ‘‘(IV) specific periods; ment (other than an entity in the legislative (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec- ‘‘(V) skills, knowledge, or other factors related branch); and tion 8336(d)(2) of title 5, United States Code, is to a position; or ‘‘(2) in subsection (c) does not include employ- amended to read as follows: ‘‘(VI) any appropriate combination of such ment under such a contract. ‘‘(2)(A) has been employed continuously, by factors.’’. ‘‘(b) An individual who has received a vol- the agency in which the employee is serving, for (3) GENERAL ACCOUNTING OFFICE AUTHOR- untary separation incentive payment under this at least the 31-day period ending on the date on ITY.—The amendments made by this subsection subchapter and accepts any employment for which such agency requests the determination shall not be construed to affect the authority compensation with the Government of the referred to in subparagraph (D); under section 1 of Public Law 106–303 (5 U.S.C. United States with 5 years after the date of the ‘‘(B) is serving under an appointment that is 8336 note; 114 State. 1063). separation on which the payment is based shall not time limited; (4) TECHNICAL AND CONFORMING AMEND- be required to pay, before the individual’s first ‘‘(C) has not been duly notified that such em- MENTS.—Section 7001 of the 1998 Supplemental day of employment, the entire amount of the in- ployee is to be involuntarily separated for mis- Appropriations and Rescissions Act (Public Law centive payment to the agency that paid the in- conduct or unacceptable performance; 105–174; 112 Stat. 91) is repealed. centive payment. ‘‘(D) is separated from the service voluntarily (5) REGULATIONS.—The Office of Personnel ‘‘(c)(1) If the employment under this section is during a period in which, as determined by the Management may prescribe regulations to carry with an agency, other than the General Ac- office of Personnel Management (upon request out this subsection. counting Office, the United States Postal Serv- of the agency) under regulations prescribed by (c) SENSE OF CONGRESS.—It is the sense of ice, or the Postal Rate Commission, the Director the Office— Congress that the implementation of this section of the Office of Personnel Management may, at ‘‘(i) such agency (or, if applicable, the compo- is intended to reshape the Federal workforce the request of the head of the agency, may nent in which the employee is serving) is under- and not downsize the Federal workforce. waive the repayment if— going substantial delayering, substantial reor- SEC. 1314. STUDENT VOLUNTEER TRANSIT SUB- ‘‘(A) the individual involved possesses unique ganization, substantial reductions in force, sub- SIDY. abilities and is the only qualified applicant stantial transfer of function, or other substan- (a) IN GENERAL.—Section 7905(a)(1) of title 5, available for the position; or tial workforce restructuring (or shaping); United States Code, is amended by striking

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00046 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.037 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9083 ‘‘and a member of a uniformed service’’ and in- ‘‘(d)(1) Notwithstanding any other provision ‘‘(B) provide employees effective education serting ‘‘, a member of a uniformed service, and of this section, subsection (a)(1) shall be applied and training to improve organizational and in- a student who provides voluntary services under by substituting ‘the total annual compensation dividual performance; section 3111’’. payable to the Vice President under section 104 ‘‘(2) assure that the training is not for the sole (b) TECHNICAL AND CONFORMING AMEND- of title 3’ for ‘the annual rate of basic pay pay- purpose of providing an employee an oppor- MENT.—Section 3111(c)(1) of title 5, United able for level I of the Executive Schedule’ in the tunity to obtain an academic degree or qualify States Code, is amended by striking ‘‘chapter 81 case of any employee who— for appointment to a particular position for of this title’’ and inserting ‘‘section 7905 ‘‘(A) is paid under section 5376 or 5383 of this which the academic degree is a basic require- (relating to commuting by means other than sin- title or section 332(f), 603, or 604 of title 28; and ment; gle-occupancy motor vehicles), chapter 81’’. ‘‘(B) holds a position in or under an agency ‘‘(3) assure that no authority under this sub- Subtitle C—Reforms Relating to the Senior which is described in paragraph (2). section is exercised on behalf of any employee ‘‘(2) An agency described in this paragraph is Executive Service occupying or seeking to qualify for— any agency which, for purposes of the calendar ‘‘(A) a noncareer appointment in the senior SEC. 1321. REPEAL OF RECERTIFICATION RE- year involved, has been certified under this sub- Executive Service; or QUIREMENTS OF SENIOR EXECU- section as having a performance appraisal sys- ‘‘(B) appointment to any position that is ex- TIVES. tem which (as designed and applied) makes cepted from the competitive service because of its (a) IN GENERAL.—Title 5, United States Code, meaningful distinctions based on relative per- confidential policy-determining, policy-making is amended— (1) in chapter 33— formance. or policy-advocating character; and ‘‘(3)(A) The Office of Personnel Management ‘‘(4) to the greatest extent practicable, facili- (A) in section 3393(g) by striking ‘‘3393a’’; and the Office of Management and Budget (B) by repealing section 3393a; and tate the use of online degree training.’’. ECHNICAL AND CONFORMING AMEND- (C) in the table of sections by striking the item jointly shall promulgate such regulations as (b) T MENT.—The table of sections for chapter 41 of relating to section 3393a; may be necessary to carry out this subsection, (2) in chapter 35— including the criteria and procedures in accord- title 5, United States Code, is amended by strik- (A) in section 3592(a)— ance with which any determinations under this ing the item relating to section 4107 and insert- (i) in paragraph (1), by inserting ‘‘or’’ at the subsection shall be made. ing the following: end; ‘‘(B) An agency’s certification under this sub- ‘‘4107. Academic degree training.’’. (ii) in paragraph (2), by striking ‘‘or’’ at the section shall be for a period of 2 calendar years, SEC. 1332. MODIFICATIONS TO NATIONAL SECU- end; except that such certification may be terminated RITY EDUCATION PROGRAM. (iii) by striking paragraph (3); and at any time, for purposes of either or both of (a) FINDINGS AND POLICIES.— (iv) by striking the last sentence; those years, upon a finding that the actions of (1) FINDINGS.—Congress finds that— (B) in section 3593(a), by striking paragraph such agency have not remained in conformance (A) the United States Government actively en- (2) and inserting the following: with applicable requirements. courages and financially supports the training, ‘‘(2) the appointee left the Senior Executive ‘‘(C) Any certification or decertification under education, and development of many United Service for reasons other than misconduct, ne- this subsection shall be made by the Office of States citizens; glect of duty, malfeasance, or less than fully Personnel Management, with the concurrence of (B) as a condition of some of those supports, successful executive performance as determined the Office of Management and Budget. many of those citizens have an obligation to under subchapter II of chapter 43.’’; and ‘‘(4) Notwithstanding any provision of para- seek either compensated or uncompensated em- (C) in section 3594(b)— graph (3), any regulations, certifications, or ployment in the Federal sector; and (i) in paragraph (1), by inserting ‘‘or’’ at the other measures necessary to carry out this sub- (C) it is in the United States national interest end; section with respect to employees within the ju- to maximize the return to the Nation of funds (ii) in paragraph (2), by striking ‘‘or’’ at the dicial branch shall be the responsibility of the invested in the development of such citizens by end; and Director of the Administrative Office of the seeking to employ them in the Federal sector. (iii) by striking paragraph (3); United States Courts. However, the regulations (2) POLICY.—It shall be the policy of the (3) in section 7701(c)(1)(A), by striking ‘‘or re- under this paragraph shall be consistent with United States Government to— moval from the Senior Executive Service for fail- those promulgated under paragraph (3).’’. (A) establish procedures for ensuring that ure to be recertified under section 3393a’’; (b) CONFORMING AMENDMENTS.—(1) Section United States citizens who have incurred service (4) in chapter 83— 5307(a) of title 5, United States Code, is amended obligations as the result of receiving financial (A) in section 8336(h)(1), by striking ‘‘for fail- by inserting ‘‘or as otherwise provided under support for education and training from the ure to be recertified as a senior executive under subsection (d),’’ after ‘‘under law,’’. United States Government and have applied for section 3393a or’’; and (2) Section 5307(c) of such title is amended by Federal positions are considered in all recruit- (B) in section 8339(h), in the first sentence, by striking ‘‘this section,’’ and inserting ‘‘this sec- ment and hiring initiatives of Federal depart- striking ‘‘, except that such reduction shall not tion (subject to subsection (d)),’’. ments, bureaus, agencies, and offices; and apply in the case of an employee retiring under Subtitle D—Academic Training (B) advertise and open all Federal positions to section 8336(h) for failure to be recertified as a SEC. 1331. ACADEMIC TRAINING. United States citizens who have incurred service senior executive’’; and (a) ACADEMIC DEGREE TRAINING.—Section obligations with the United States Government (5) in chapter 84— 4107 of title 5, United States Code, is amended to as the result of receiving financial support for (A) in section 8414(a)(1), by striking ‘‘for fail- read as follows: education and training from the United States ure to be recertified as a senior executive under ‘‘§ 4107. Academic degree training Government. section 3393a or’’; and (b) FULFILLMENT OF SERVICE REQUIREMENT IF ‘‘(a) Subject to subsection (b), an agency may (B) in section 8421(a)(2), by striking ‘‘, except NATIONAL SECURITY POSITIONS ARE UNAVAIL- select and assign an employee to academic de- that an individual entitled to an annuity under ABLE.—Section 802(b)(2) of the David L. Boren gree training and may pay or reimburse the section 8414(a) for failure to be recertified as a National Security Education Act of 1991 (50 costs of academic degree training from appro- senior executive shall be entitled to an annuity U.S.C. 1902) is amended— priated or other available funds if such train- supplement without regard to such applicable (1) in subparagraph (A), by striking clause (ii) ing— retirement age’’. and inserting the following: ‘‘(1) contributes significantly to— (b) SAVINGS PROVISION.—Notwithstanding the ‘‘(A) meeting an identified agency training ‘‘(ii) if the recipient demonstrates to the Sec- amendments made by subsection (a)(2)(A), an need; retary (in accordance with such regulations) appeal under the final sentence of section ‘‘(B) resolving an identified agency staffing that no national security position in an agency 3592(a) of title 5, United States Code, that is problem; or or office of the Federal Government having na- pending on the day before the effective date of ‘‘(C) accomplishing goals in the strategic plan tional security responsibilities is available, work this section— of the agency; in other offices or agencies of the Federal Gov- (1) shall not abate by reason of the enactment ‘‘(2) is part of a planned, systemic, and co- ernment or in the field of higher education in a of the amendments made by subsection (a)(2)(A); ordinated agency employee development pro- discipline relating to the foreign country, for- and gram linked to accomplishing the strategic goals eign language, area study, or international field (2) shall continue as if such amendments had of the agency; and of study for which the scholarship was award- not been enacted. ‘‘(3) is accredited and is provided by a college ed, for a period specified by the Secretary, (c) APPLICATION.—The amendment made by or university that is accredited by a nationally which period shall be determined in accordance subsection (a)(2)(B) shall not apply with respect recognized body. with clause (i); or’’; and to an individual who, before the effective date ‘‘(b) In exercising authority under subsection (2) in subparagraph (B), by striking clause (ii) of this section, leaves the Senior Executive Serv- (a), an agency shall— and inserting the following: ice for failure to be recertified as a senior execu- ‘‘(1) consistent with the merit system prin- ‘‘(ii) if the recipient demonstrates to the Sec- tive under section 3393a of title 5, United States ciples set forth in paragraphs (2) and (7) of secretary (in accordance with such regulations) Code. tion 2301(b), take into consideration the need that no national security position is available SEC. 1322. ADJUSTMENT OF LIMITATION ON to— upon the completion of the degree, work in TOTAL ANNUAL COMPENSATION. ‘‘(A) maintain a balanced workforce in which other offices or agencies of the Federal Govern- (a) IN GENERAL.—Section 5307 of title 5, women, members of racial and ethnic minority ment or in the field of higher education in a dis- United States Code, is amended by adding at the groups, and persons with disabilities are appro- cipline relating to foreign country, foreign lan- end the following: priately represented in Government service; and guage, area study, or international field of

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00047 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.038 H22PT1 H9084 CONGRESSIONAL RECORD — HOUSE November 22, 2002 study for which the fellowship was awarded, for authorized to carry a firearm under the pro- whom the Under Secretary determines is quali- a period specified by the Secretary, which pe- gram. fied to be such an officer. riod shall be determined in accordance with ‘‘(L) Methods for ensuring that pilots ‘‘(2) QUALIFICATION.—A pilot is qualified to be clause (i); and’’. (including Federal flight deck officers) will be a Federal flight deck officer under this section TITLE XIV—ARMING PILOTS AGAINST able to identify whether a passenger is a law en- if— ‘‘(A) the pilot is employed by an air carrier; TERRORISM forcement officer who is authorized to carry a firearm aboard the aircraft. ‘‘(B) the Under Secretary determines (in the SEC. 1401. SHORT TITLE. ‘‘(M) Any other issues that the Under Sec- Under Secretary’s discretion) that the pilot This title may be cited as the ‘‘Arming Pilots retary considers necessary. meets the standards established by the Under Against Terrorism Act’’. ‘‘(N) The Under Secretary’s decisions regard- Secretary for being such an officer; and SEC. 1402. FEDERAL FLIGHT DECK OFFICER PRO- ing the methods for implementing each of the ‘‘(C) the Under Secretary determines that the GRAM. foregoing procedural requirements shall be sub- pilot has completed the training required by the (a) IN GENERAL.—Subchapter I of chapter 449 ject to review only for abuse of discretion. Under Secretary. ‘‘(3) DEPUTIZATION BY OTHER FEDERAL AGEN- of title 49, United States Code, is amended by ‘‘(4) PREFERENCE.—In selecting pilots to par- adding at the end the following: ticipate in the program, the Under Secretary CIES.—The Under Secretary may request another Federal agency to deputize, as Federal ‘‘§ 44921. Federal flight deck officer program shall give preference to pilots who are former military or law enforcement personnel. flight deck officers under this section, those pi- ‘‘(a) ESTABLISHMENT.—The Under Secretary LASSIFIED INFORMATION.—Notwith- lots that the Under Secretary determines are of Transportation for Security shall establish a ‘‘(5) C standing section 552 of title 5 but subject to sec- qualified to be such officers. program to deputize volunteer pilots of air car- ‘‘(4) REVOCATION.—The Under Secretary may, tion 40119 of this title, information developed riers providing passenger air transportation or (in the Under Secretary’s discretion) revoke the under paragraph (3)(E) shall not be disclosed. intrastate passenger air transportation as Fed- deputization of a pilot as a Federal flight deck ‘‘(6) NOTICE TO CONGRESS.—The Under Sec- eral law enforcement officers to defend the retary shall provide notice to the Committee on officer if the Under Secretary finds that the flight decks of aircraft of such air carriers Transportation and Infrastructure of the House pilot is no longer qualified to be such an officer. against acts of criminal violence or air piracy. ‘‘(e) COMPENSATION.—Pilots participating in of Representatives and the Committee on Com- Such officers shall be known as ‘Federal flight the program under this section shall not be eligi- merce, Science, and Transportation of the Sen- deck officers’. ble for compensation from the Federal Govern- ate after completing the analysis required by ‘‘(b) PROCEDURAL REQUIREMENTS.— ment for services provided as a Federal flight paragraph (3)(E). ‘‘(1) IN GENERAL.—Not later than 3 months deck officer. The Federal Government and air ‘‘(7) MINIMIZATION OF RISK.—If the Under after the date of enactment of this section, the carriers shall not be obligated to compensate a Secretary determines as a result of the analysis Under Secretary shall establish procedural re- pilot for participating in the program or for the under paragraph (3)(E) that there is a signifi- quirements to carry out the program under this pilot’s training or qualification and requalifica- cant risk of the catastrophic failure of an air- section. tion to carry firearms under the program. craft as a result of the discharge of a firearm, ‘‘(2) COMMENCEMENT OF PROGRAM.—Begin- ‘‘(f) AUTHORITY TO CARRY FIREARMS.— the Under Secretary shall take such actions as ning 3 months after the date of enactment of ‘‘(1) IN GENERAL.—The Under Secretary shall may be necessary to minimize that risk. this section, the Under Secretary shall begin the authorize a Federal flight deck officer to carry ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- process of training and deputizing pilots who a firearm while engaged in providing air trans- MENT.— are qualified to be Federal flight deck officers as portation or intrastate air transportation. Not- ‘‘(1) IN GENERAL.—The Under Secretary shall withstanding subsection (c)(1), the officer may Federal flight deck officers under the program. only be obligated to provide the training, super- ‘‘(3) ISSUES TO BE ADDRESSED.—The proce- purchase a firearm and carry that firearm vision, and equipment necessary for a pilot to be aboard an aircraft of which the officer is the dural requirements established under paragraph a Federal flight deck officer under this section (1) shall address the following issues: pilot in accordance with this section if the fire- at no expense to the pilot or the air carrier em- arm is of a type that may be used under the pro- ‘‘(A) The type of firearm to be used by a Fed- ploying the pilot. eral flight deck officer. gram. ‘‘(2) TRAINING.— ‘‘(2) PREEMPTION.—Notwithstanding any ‘‘(B) The type of ammunition to be used by a ‘‘(A) IN GENERAL.—The Under Secretary shall Federal flight deck officer. other provision of Federal or State law, a Fed- base the requirements for the training of Federal eral flight deck officer, whenever necessary to ‘‘(C) The standards and training needed to flight deck officers under subsection (b) on the qualify and requalify as a Federal flight deck participate in the program, may carry a firearm training standards applicable to Federal air in any State and from 1 State to another State. officer. marshals; except that the Under Secretary shall ‘‘(D) The placement of the firearm of a Fed- ‘‘(3) CARRYING FIREARMS OUTSIDE UNITED take into account the differing roles and respon- STATES.—In consultation with the Secretary of eral flight deck officer on board the aircraft to sibilities of Federal flight deck officers and Fed- ensure both its security and its ease of retrieval State, the Under Secretary may take such action eral air marshals. as may be necessary to ensure that a Federal in an emergency. ‘‘(B) ELEMENTS.—The training of a Federal ‘‘(E) An analysis of the risk of catastrophic flight deck officer may carry a firearm in a for- flight deck officer shall include, at a minimum, eign country whenever necessary to participate failure of an aircraft as a result of the discharge the following elements: (including an accidental discharge) of a firearm in the program. ‘‘(i) Training to ensure that the officer ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- to be used in the program into the avionics, elec- achieves the level of proficiency with a firearm standing section 44903(d), the Under Secretary trical systems, or other sensitive areas of the air- required under subparagraph (C)(i). shall prescribe the standards and circumstances craft. ‘‘(ii) Training to ensure that the officer main- under which a Federal flight deck officer may ‘‘(F) The division of responsibility between pi- tains exclusive control over the officer’s firearm use, while the program under this section is in lots in the event of an act of criminal violence at all times, including training in defensive ma- effect, force (including lethal force) against an or air piracy if only 1 pilot is a Federal flight neuvers. individual in the defense of the flight deck of an deck officer and if both pilots are Federal flight ‘‘(iii) Training to assist the officer in deter- aircraft in air transportation or intrastate air deck officers. mining when it is appropriate to use the offi- transportation. ‘‘(G) Procedures for ensuring that the firearm cer’s firearm and when it is appropriate to use ‘‘(h) LIMITATION ON LIABILITY.— of a Federal flight deck officer does not leave less than lethal force. ‘‘(1) LIABILITY OF AIR CARRIERS.—An air car- the cockpit if there is a disturbance in the pas- ‘‘(C) TRAINING IN USE OF FIREARMS.— rier shall not be liable for damages in any ac- senger cabin of the aircraft or if the pilot leaves ‘‘(i) STANDARD.—In order to be deputized as a tion brought in a Federal or State court arising the cockpit for personal reasons. Federal flight deck officer, a pilot must achieve out of a Federal flight deck officer’s use of or ‘‘(H) Interaction between a Federal flight a level of proficiency with a firearm that is re- failure to use a firearm. deck officer and a Federal air marshal on board quired by the Under Secretary. Such level shall ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OFFI- the aircraft. be comparable to the level of proficiency re- CERS.—A Federal flight deck officer shall not be ‘‘(I) The process for selection of pilots to par- quired of Federal air marshals. liable for damages in any action brought in a ticipate in the program based on their fitness to ‘‘(ii) CONDUCT OF TRAINING.—The training of Federal or State court arising out of the acts or participate in the program, including whether a Federal flight deck officer in the use of a fire- omissions of the officer in defending the flight an additional background check should be re- arm may be conducted by the Under Secretary deck of an aircraft against acts of criminal vio- quired beyond that required by section or by a firearms training facility approved by lence or air piracy unless the officer is guilty of 44936(a)(1). the Under Secretary. gross negligence or willful misconduct. ‘‘(J) Storage and transportation of firearms ‘‘(iii) REQUALIFICATION.—The Under Sec- ‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.— between flights, including international flights, retary shall require a Federal flight deck officer For purposes of an action against the United to ensure the security of the firearms, focusing to requalify to carry a firearm under the pro- States with respect to an act or omission of a particularly on whether such security would be gram. Such requalification shall occur at an in- Federal flight deck officer in defending the enhanced by requiring storage of the firearm at terval required by the Under Secretary. flight deck of an aircraft, the officer shall be the airport when the pilot leaves the airport to ‘‘(d) DEPUTIZATION.— treated as an employee of the Federal Govern- remain overnight away from the pilot’s base air- ‘‘(1) IN GENERAL.—The Under Secretary may ment under chapter 171 of title 28, relating to port. deputize, as a Federal flight deck officer under tort claims procedure. ‘‘(K) Methods for ensuring that security per- this section, a pilot who submits to the Under ‘‘(i) PROCEDURES FOLLOWING ACCIDENTAL sonnel will be able to identify whether a pilot is Secretary a request to be such an officer and DISCHARGES.—If an accidental discharge of a

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00048 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.038 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9085 firearm under the pilot program results in the ‘‘(viii) use of protective devices assigned to (4) The feasibility of implementing a certifi- injury or death of a passenger or crew member crew members (to the extent such devices are ap- cation program designed for the purpose of en- on an aircraft, the Under Secretary— proved by the Administrator or Under Sec- suring Federal law enforcement officers have ‘‘(1) shall revoke the deputization of the Fed- retary); completed the training described in paragraph eral flight deck officer responsible for that fire- ‘‘(ix) the psychology of terrorists to cope with (2) and track their travel over a 6-month period. arm if the Under Secretary determines that the their behavior and passenger responses to that (5) The feasibility of staggering the flights of discharge was attributable to the negligence of behavior; such officers to ensure the maximum amount of the officer; and ‘‘(x) how to respond to aircraft maneuvers flights have a certified trained Federal officer ‘‘(2) if the Under Secretary determines that a that may be authorized to defend against an act on board. shortcoming in standards, training, or proce- of criminal violence or air piracy; (b) REPORT.—Not later than 6 months after dures was responsible for the accidental dis- ‘‘(B) require training in the proper conduct of the date of enactment of this Act, the Secretary charge, the Under Secretary may temporarily a cabin search, including the duty time required shall transmit to Congress a report on the re- suspend the program until the shortcoming is to conduct the search; sults of the study. The report may be submitted corrected. ‘‘(C) establish the required number of hours of in classified and redacted form. training and the qualifications for the training ‘‘(j) LIMITATION ON AUTHORITY OF AIR CAR- SEC. 1405. AUTHORITY TO ARM FLIGHT DECK RIERS.—No air carrier shall prohibit or threaten instructors; CREW WITH LESS-THAN-LETHAL any retaliatory action against a pilot employed ‘‘(D) establish the intervals, number of hours, WEAPONS. by the air carrier from becoming a Federal flight and elements of recurrent training; (a) IN GENERAL.—Section 44903(i) of title 49, deck officer under this section. No air carrier ‘‘(E) ensure that air carriers provide the ini- United States Code (as redesignated by section 6 shall— tial training required by this paragraph within of this Act) is amended by adding at the end the ‘‘(1) prohibit a Federal flight deck officer from 24 months of the date of enactment of this sub- following: piloting an aircraft operated by the air carrier, paragraph; and ‘‘(3) REQUEST OF AIR CARRIERS TO USE LESS- ‘‘(F) ensure that no person is required to par- or THAN-LETHAL WEAPONS.—If, after the date of en- ‘‘(2) terminate the employment of a Federal ticipate in any hands-on training activity that actment of this paragraph, the Under Secretary flight deck officer, solely on the basis of his or that person believes will have an adverse impact receives a request from an air carrier for author- her volunteering for or participating in the pro- on his or her health or safety. ization to allow pilots of the air carrier to carry ‘‘(3) RESPONSIBILITY OF UNDER SECRETARY.— gram under this section. less-than-lethal weapons, the Under Secretary (A) CONSULTATION.—In developing the rule ‘‘(k) APPLICABILITY.— shall respond to that request within 90 days.’’. under paragraph (2), the Under Secretary shall ‘‘(1) EXEMPTION.—This section shall not apply (b) CONFORMING AMENDMENTS.—Such section to air carriers operating under part 135 of title consult with law enforcement personnel and se- is further amended— 14, Code of Federal Regulations, and to pilots curity experts who have expertise in self-defense (1) in paragraph (1) by striking ‘‘Secretary’’ employed by such carriers to the extent that training, terrorism experts, and representatives the first and third places it appears and insert- such carriers and pilots are covered by section of air carriers, the provider of self-defense training ‘‘Under Secretary’’; and 135.119 of such title or any successor to such sec- ing for Federal air marshals, flight attendants, (2) in paragraph (2) by striking ‘‘Secretary’’ tion. labor organizations representing flight attend- each place it appears and inserting ‘‘Under Sec- ‘‘(2) PILOT DEFINED.—The term ‘pilot’ means ants, and educational institutions offering law retary’’. enforcement training programs. an individual who has final authority and re- SEC. 1406. TECHNICAL AMENDMENTS. ‘‘(B) DESIGNATION OF OFFICIAL.—The Under sponsibility for the operation and safety of the Section 44903 of title 49, United States Code, is flight or, if more than 1 pilot is required for the Secretary shall designate an official in the Transportation Security Administration to be amended— operation of the aircraft or by the regulations (1) by redesignating subsection (i) (relating to responsible for overseeing the implementation of under which the flight is being conducted, the short-term assessment and deployment of emerg- the training program under this subsection. individual designated as second in command.’’. ing security technologies and procedures) as ‘‘(C) NECESSARY RESOURCES AND KNOWL- (b) CONFORMING AMENDMENTS.— subsection (j); EDGE.—The Under Secretary shall ensure that (1) CHAPTER ANALYSIS.—The analysis for such employees of the Administration responsible for (2) by redesignating the second subsection (h) chapter is amended by inserting after the item (relating to authority to arm flight deck crew relating to section 44920 the following: monitoring the training program have the necessary resources and knowledge.’’; and with less-than-lethal weapons) as subsection (i); ‘‘44921. Federal flight deck officer program.’’. (3) by aligning the remainder of the text of and (2) FLIGHT DECK SECURITY.—Section 128 of the paragraph (1) (as designated by paragraph (1) (3) by redesignating the third subsection (h) Aviation and Transportation Security Act of this section) with paragraphs (2) and (3) (as (relating to limitation on liability for acts to (Public Law 107–71) is repealed. added by paragraph (2) of this section). thwart criminal violence for aircraft piracy) as (c) FEDERAL AIR MARSHAL PROGRAM.— (b) ENHANCE SECURITY MEASURES.—Section subsection (k). (1) SENSE OF CONGRESS.—It is the sense of 109(a) of the Aviation and Transportation Secu- TITLE XV—TRANSITION Congress that the Federal air marshal program rity Act (49 U.S.C. 114 note; 115 Stat. 613–614) is Subtitle A—Reorganization Plan is critical to aviation security. amended by adding at the end the following: SEC. 1501. DEFINITIONS. (2) LIMITATION ON STATUTORY CONSTRUC- ‘‘(9) Require that air carriers provide flight at- For purposes of this title: TION.—Nothing in this Act, including any tendants with a discreet, hands-free, wireless (1) The term ‘‘agency’’ includes any entity, amendment made by this Act, shall be construed method of communicating with the pilots.’’. organizational unit, program, or function. as preventing the Under Secretary of Transpor- (c) BENEFITS AND RISKS OF PROVIDING FLIGHT (2) The term ‘‘transition period’’ means the 12- tation for Security from implementing and train- ATTENDANTS WITH NONLETHAL WEAPONS.— month period beginning on the effective date of ing Federal air marshals. (1) STUDY.—The Under Secretary of Transpor- this Act. SEC. 1403. CREW TRAINING. tation for Security shall conduct a study to (a) IN GENERAL.—Section 44918(e) of title 49, evaluate the benefits and risks of providing SEC. 1502. REORGANIZATION PLAN. United States Code, is amended— flight attendants with nonlethal weapons to (a) SUBMISSION OF PLAN.—Not later than 60 (1) by striking ‘‘The Administrator’’ and in- aide in combating air piracy and criminal vio- days after the date of the enactment of this Act, serting the following: lence on commercial airlines. the President shall transmit to the appropriate ‘‘(1) IN GENERAL.—The Under Secretary’’; (2) REPORT.—Not later than 6 months after congressional committees a reorganization plan (2) by adding at the end the following: the date of enactment of this Act, the Under regarding the following: ‘‘(2) ADDITIONAL REQUIREMENTS.—In updating Secretary shall transmit to Congress a report on (1) The transfer of agencies, personnel, assets, the training guidance, the Under Secretary, in the results of the study. and obligations to the Department pursuant to consultation with the Administrator, shall issue SEC. 1404. COMMERCIAL AIRLINE SECURITY this Act. a rule to— STUDY. (2) Any consolidation, reorganization, or ‘‘(A) require both classroom and effective (a) STUDY.—The Secretary of Transportation streamlining of agencies transferred to the De- hands-on situational training in the following shall conduct a study of the following: partment pursuant to this Act. elements of self defense: (1) The number of armed Federal law enforce- (b) PLAN ELEMENTS.—The plan transmitted ‘‘(i) recognizing suspicious activities and de- ment officers (other than Federal air marshals), under subsection (a) shall contain, consistent termining the seriousness of an occurrence; who travel on commercial airliners annually with this Act, such elements as the President ‘‘(ii) deterring a passenger who might present and the frequency of their travel. deems appropriate, including the following: a problem; (2) The cost and resources necessary to pro- (1) Identification of any functions of agencies ‘‘(iii) crew communication and coordination; vide such officers with supplemental training in transferred to the Department pursuant to this ‘‘(iv) the proper commands to give to pas- aircraft anti-terrorism training that is com- Act that will not be transferred to the Depart- sengers and attackers; parable to the training that Federal air mar- ment under the plan. ‘‘(v) methods to subdue and restrain an shals are provided. (2) Specification of the steps to be taken by attacker; (3) The cost of establishing a program at a the Secretary to organize the Department, in- ‘‘(vi) use of available items aboard the aircraft Federal law enforcement training center for the cluding the delegation or assignment of func- for self-defense; purpose of providing new Federal law enforce- tions transferred to the Department among offi- ‘‘(vii) appropriate and effective responses to ment recruits with standardized training com- cers of the Department in order to permit the defend oneself, including the use of force parable to the training that Federal air mar- Department to carry out the functions trans- against an attacker; shals are provided. ferred under the plan.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00049 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.038 H22PT1 H9086 CONGRESSIONAL RECORD — HOUSE November 22, 2002 (3) Specification of the funds available to each is transferred to the Department pursuant to rectives, or delegations of authority that precede agency that will be transferred to the Depart- this Act and whose duties following such trans- such transfer or the effective date of this Act ment as a result of transfers under the plan. fer are germane to those performed before such shall be deemed to refer, as appropriate, to the (4) Specification of the proposed allocations transfer. Department, to its officers, employees, or agents, within the Department of unexpended funds (d) TRANSFER OF PERSONNEL, ASSETS, OBLIGA- or to its corresponding organizational units or transferred in connection with transfers under TIONS, AND FUNCTIONS.—Upon the transfer of an functions. Statutory reporting requirements that the plan. agency to the Department— applied in relation to such an agency imme- (5) Specification of any proposed disposition (1) the personnel, assets, and obligations held diately before the effective date of this Act shall of property, facilities, contracts, records, and by or available in connection with the agency continue to apply following such transfer if other assets and obligations of agencies trans- shall be transferred to the Secretary for appro- they refer to the agency by name. ferred under the plan. priate allocation, subject to the approval of the (e) EMPLOYMENT PROVISIONS.—(1) Notwith- (6) Specification of the proposed allocations Director of the Office of Management and standing the generality of the foregoing within the Department of the functions of the Budget and in accordance with the provisions of (including subsections (a) and (d)), in and for agencies and subdivisions that are not related section 1531(a)(2) of title 31, United States Code; the Department the Secretary may, in regula- directly to securing the homeland. and tions prescribed jointly with the Director of the ODIFICATION OF PLAN.—The President (c) M (2) the Secretary shall have all functions re- Office of Personnel Management, adopt the may, on the basis of consultations with the ap- lating to the agency that any other official rules, procedures, terms, and conditions, estab- propriate congressional committees, modify or could by law exercise in relation to the agency lished by statute, rule, or regulation before the revise any part of the plan until that part of the immediately before such transfer, and shall effective date of this Act, relating to employment plan becomes effective in accordance with sub- have in addition all functions vested in the Sec- in any agency transferred to the Department section (d). retary by this Act or other law. pursuant to this Act; and (d) EFFECTIVE DATE.— (e) PROHIBITION ON USE OF TRANSPORTATION (1) IN GENERAL.—The reorganization plan de- TRUST FUNDS.— (2) except as otherwise provided in this Act, or scribed in this section, including any modifica- (1) IN GENERAL.—Notwithstanding any other under authority granted by this Act, the trans- tions or revisions of the plan under subsection provision of this Act, no funds derived from the fer pursuant to this Act of personnel shall not (d), shall become effective for an agency on the Highway Trust Fund, Airport and Airway Trust alter the terms and conditions of employment, earlier of— Fund, Inland Waterway Trust Fund, or Harbor including compensation, of any employee so (A) the date specified in the plan (or the plan Maintenance Trust Fund, may be transferred transferred. as modified pursuant to subsection (d)), except to, made available to, or obligated by the Sec- (f) STATUTORY REPORTING REQUIREMENTS.— that such date may not be earlier than 90 days retary or any other official in the Department. Any statutory reporting requirement that ap- after the date the President has transmitted the (2) LIMITATION.—This subsection shall not plied to an agency, transferred to the Depart- reorganization plan to the appropriate congres- apply to security-related funds provided to the ment under this Act, immediately before the ef- sional committees pursuant to subsection (a); or Federal Aviation Administration for fiscal years fective date of this Act shall continue to apply (B) the end of the transition period. preceding fiscal year 2003 for (A) operations, (B) following that transfer if the statutory require- (2) STATUTORY CONSTRUCTION.—Nothing in facilities and equipment, or (C) research, engi- ment refers to the agency by name. this subsection may be construed to require the neering, and development. SEC. 1513. TERMINATIONS. transfer of functions, personnel, records, bal- SEC. 1512. SAVINGS PROVISIONS. ances of appropriations, or other assets of an (a) COMPLETED ADMINISTRATIVE ACTIONS.—(1) Except as otherwise provided in this Act, agency on a single date. Completed administrative actions of an agency whenever all the functions vested by law in any (3) SUPERSEDES EXISTING LAW.—Paragraph (1) shall not be affected by the enactment of this agency have been transferred pursuant to this shall apply notwithstanding section 905(b) of Act or the transfer of such agency to the De- Act, each position and office the incumbent of title 5, United States Code. partment, but shall continue in effect according which was authorized to receive compensation SEC. 1503. REVIEW OF CONGRESSIONAL COM- to their terms until amended, modified, super- at the rates prescribed for an office or position MITTEE STRUCTURES. seded, terminated, set aside, or revoked in ac- at level II, III, IV, or V, of the Executive Sched- It is the sense of Congress that each House of cordance with law by an officer of the United ule, shall terminate. Congress should review its committee structure States or a court of competent jurisdiction, or by in light of the reorganization of responsibilities SEC. 1514. NATIONAL IDENTIFICATION SYSTEM operation of law. NOT AUTHORIZED. within the executive branch by the establish- (2) For purposes of paragraph (1), the term Nothing in this Act shall be construed to au- ment of the Department. ‘‘completed administrative action’’ includes or- Subtitle B—Transitional Provisions thorize the development of a national identifica- ders, determinations, rules, regulations, per- tion system or card. SEC. 1511. TRANSITIONAL AUTHORITIES. sonnel actions, permits, agreements, grants, con- (a) PROVISION OF ASSISTANCE BY OFFICIALS.— tracts, certificates, licenses, registrations, and SEC. 1515. CONTINUITY OF INSPECTOR GENERAL Until the transfer of an agency to the Depart- privileges. OVERSIGHT. ment, any official having authority over or (b) PENDING PROCEEDINGS.—Subject to the au- Notwithstanding the transfer of an agency to functions relating to the agency immediately be- thority of the Secretary under this Act— the Department pursuant to this Act, the In- fore the effective date of this Act shall provide (1) pending proceedings in an agency, includ- spector General that exercised oversight of such to the Secretary such assistance, including the ing notices of proposed rulemaking, and appli- agency prior to such transfer shall continue to use of personnel and assets, as the Secretary cations for licenses, permits, certificates, grants, exercise oversight of such agency during the pe- may request in preparing for the transfer and and financial assistance, shall continue not- riod of time, if any, between the transfer of such integration of the agency into the Department. withstanding the enactment of this Act or the agency to the Department pursuant to this Act (b) SERVICES AND PERSONNEL.—During the transfer of the agency to the Department, unless and the appointment of the Inspector General of transition period, upon the request of the Sec- discontinued or modified under the same terms the Department of Homeland Security in accord- retary, the head of any executive agency may, and conditions and to the same extent that such ance with section 103(b). on a reimbursable basis, provide services or de- discontinuance could have occurred if such en- tail personnel to assist with the transition. actment or transfer had not occurred; and SEC. 1516. INCIDENTAL TRANSFERS. (c) ACTING OFFICIALS.—(1) During the transi- (2) orders issued in such proceedings, and ap- The Director of the Office of Management and tion period, pending the advice and consent of peals therefrom, and payments made pursuant Budget, in consultation with the Secretary, is the Senate to the appointment of an officer re- to such orders, shall issue in the same manner authorized and directed to make such additional quired by this Act to be appointed by and with and on the same terms as if this Act had not incidental dispositions of personnel, assets, and such advice and consent, the President may des- been enacted or the agency had not been trans- liabilities held, used, arising from, available, or ignate any officer whose appointment was referred, and any such orders shall continue in ef- to be made available, in connection with the quired to be made by and with such advice and fect until amended, modified, superseded, termi- functions transferred by this Act, as the Direc- consent and who was such an officer imme- nated, set aside, or revoked by an officer of the tor may determine necessary to accomplish the diately before the effective date of this Act (and United States or a court of competent jurisdic- purposes of this Act. who continues in office) or immediately before tion, or by operation of law. SEC. 1517. REFERENCE. such designation, to act in such office until the (c) PENDING CIVIL ACTIONS.—Subject to the same is filled as provided in this Act. While so authority of the Secretary under this Act, pend- With respect to any function transferred by or acting, such officers shall receive compensation ing civil actions shall continue notwithstanding under this Act (including under a reorganiza- at the higher of— the enactment of this Act or the transfer of an tion plan that becomes effective under section (A) the rates provided by this Act for the re- agency to the Department, and in such civil ac- 1502) and exercised on or after the effective date spective offices in which they act; or tions, proceedings shall be had, appeals taken, of this Act, reference in any other Federal law (B) the rates provided for the offices held at and judgments rendered and enforced in the to any department, commission, or agency or the time of designation. same manner and with the same effect as if such any officer or office the functions of which are (2) Nothing in this Act shall be understood to enactment or transfer had not occurred. so transferred shall be deemed to refer to the require the advice and consent of the Senate to (d) REFERENCES.—References relating to an Secretary, other official, or component of the the appointment by the President to a position agency that is transferred to the Department in Department to which such function is so trans- in the Department of any officer whose agency statutes, Executive orders, rules, regulations, di- ferred.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00050 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.039 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9087 TITLE XVI—CORRECTIONS TO EXISTING (2) by striking ‘‘; and’’ each place it appears and inserting ‘‘Department of Homeland Secu- LAW RELATING TO AIRLINE TRANSPOR- in paragraph (1) and inserting ‘‘;’’; rity’’. TATION SECURITY SEC. 1702. EXECUTIVE SCHEDULE. (4) Section 2665(b) of such title is amended by SEC. 1601. RETENTION OF SECURITY SENSITIVE (a) IN GENERAL.—Title 5, United States Code, striking ‘‘Department of Transportation’’ and INFORMATION AUTHORITY AT DE- is amended— inserting ‘‘Department in which the Coast PARTMENT OF TRANSPORTATION. (1) in section 5312, by inserting ‘‘Secretary of Guard is operating’’. (a) Section 40119 of title 49, United States Homeland Security.’’ as a new item after (5) Section 7045 of such title is amended— Code, is amended— ‘‘Affairs.’’; (A) in subsections (a)(1) and (b), by striking (1) in subsection (a)— (2) in section 5313, by inserting ‘‘Deputy Sec- ‘‘Secretaries of the Army, Air Force, and Trans- (A) by inserting ‘‘and the Administrator of the retary of Homeland Security.’’ as a new item portation’’ both places it appears and inserting Federal Aviation Administration each’’ after after ‘‘Affairs.’’; ‘‘Secretary of the Army, the Secretary of the Air ‘‘for Security’’; and (3) in section 5314, by inserting ‘‘Under Secre- Force, and the Secretary of Homeland Secu- (B) by striking ‘‘criminal violence and aircraft taries, Department of Homeland Security.’’, rity’’; and piracy’’ and inserting ‘‘criminal violence, air- ‘‘Director of the Bureau of Citizenship and Im- (B) in subsection (b), by striking ‘‘Department craft piracy, and terrorism and to ensure secu- migration Services.’’ as new items after of Transportation’’ and inserting ‘‘Department rity’’; and ‘‘Affairs.’’ the third place it appears; of Homeland Security’’. (6) Section 7361(b) of such title is amended in (2) in subsection (b)(1)— (4) in section 5315, by inserting ‘‘Assistant the subsection heading by striking (A) by striking ‘‘, the Under Secretary’’ and Secretaries, Department of Homeland Secu- ‘‘TRANSPORTATION’’ and inserting ‘‘HOMELAND inserting ‘‘and the establishment of a Depart- rity.’’, ‘‘General Counsel, Department of Home- SECURITY’’. ment of Homeland Security, the Secretary of land Security.’’, ‘‘Officer for Civil Rights and (7) Section 12522(c) of such title is amended in Transportation’’; Civil Liberties, Department of Homeland Secu- (B) by striking ‘‘carrying out’’ and all that the subsection heading by striking rity.’’, ‘‘Chief Financial Officer, Department of follows through ‘‘if the Under Secretary’’ and ‘‘TRANSPORTATION’’ and inserting ‘‘HOMELAND Homeland Security.’’, ‘‘Chief Information Offi- inserting ‘‘ensuring security under this title if SECURITY’’. cer, Department of Homeland Security.’’, and the Secretary of Transportation’’; and (c) TITLE 37, U.S.C.—Title 37, United States (C) in subparagraph (C) by striking ‘‘the safe- ‘‘Inspector General, Department of Homeland Code, is amended in sections 101(5), 204(i)(4), ty of passengers in transportation’’ and insert- Security.’’ as new items after ‘‘Affairs.’’ the first 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), ing ‘‘transportation safety’’. place it appears; and 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), (b) Section 114 of title 49, United States Code, (5) in section 5315, by striking ‘‘Commissioner 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), is amended by adding at the end the following: of Immigration and Naturalization, Department 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), ‘‘(s) NONDISCLOSURE OF SECURITY ACTIVI- of Justice.’’. 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, TIES.— (b) SPECIAL EFFECTIVE DATE.—Notwith- 1001(c), 1006(f), 1007(a), and 1011(d) by striking ‘‘(1) IN GENERAL.—Notwithstanding section standing section 4, the amendment made by sub- ‘‘of Transportation’’ each place it appears and 552 of title 5, the Under Secretary shall prescribe section (a)(5) shall take effect on the date on inserting ‘‘of Homeland Security’’. regulations prohibiting the disclosure of infor- which the transfer of functions specified under (d) TITLE 38, U.S.C.—Title 38, United States mation obtained or developed in carrying out se- section 441 takes effect. Code, is amended in sections 101(25)(d), 1560(a), curity under authority of the Aviation and SEC. 1703. UNITED STATES SECRET SERVICE. 3002(5), 3011(a)(1)(A)(ii)(I), 3011(a)(1)(A)(ii)(II), Transportation Security Act (Public Law 107–71) (a) IN GENERAL.—(1) The United States Code 3011(a)(1)(B)(ii)(III), 3011(a)(1)(C)(iii)(II)(cc), or under chapter 449 of this title if the Under is amended in section 202 of title 3, and in sec- 3012(b)(1)(A)(v), 3012(b)(1)(B)(ii)(V), Secretary decides that disclosing the information 3056 of title 18, by striking ‘‘of the Treas- 3018(b)(3)(B)(iv), 3018A(a)(3), 3018B(a)(1)(C), tion would— ury’’, each place it appears and inserting ‘‘of 3018B(a)(2)(C), 3018C(a)(5), 3020(m), 3035(b)(2), ‘‘(A) be an unwarranted invasion of personal Homeland Security’’. 3035(c), 3035(d), 3035(e), 3680A(g), and 6105(c) by privacy; (2) Section 208 of title 3, United States Code, striking ‘‘of Transportation’’ each place it ap- ‘‘(B) reveal a trade secret or privileged or con- is amended by striking ‘‘of Treasury’’ each pears and inserting ‘‘of Homeland Security’’. fidential commercial or financial information; or place it appears and inserting ‘‘of Homeland Se- (e) OTHER DEFENSE-RELATED LAWS.—(1) Sec- ‘‘(C) be detrimental to the security of trans- curity’’. tion 363 of Public Law 104–193 (110 Stat. 2247) is portation. (b) EFFECTIVE DATE.—The amendments made amended— ‘‘(2) AVAILABILITY OF INFORMATION TO CON- by this section shall take effect on the date of (A) in subsection (a)(1) (10 U.S.C. 113 note), GRESS.—Paragraph (1) does not authorize infor- transfer of the United States Secret Service to by striking ‘‘of Transportation’’ and inserting mation to be withheld from a committee of Con- the Department. ‘‘of Homeland Security’’; and gress authorized to have the information. SEC. 1704. COAST GUARD. (B) in subsection (b)(1) (10 U.S.C. 704 note), ‘‘(3) LIMITATION ON TRANSFERABILITY OF DU- (a) TITLE 14, U.S.C.—Title 14, United States by striking ‘‘of Transportation’’ and inserting TIES.—Except as otherwise provided by law, the Code, is amended in sections 1, 3, 53, 95, 145, 516, ‘‘of Homeland Security’’. Under Secretary may not transfer a duty or 666, 669, 673, 673a (as redesignated by subsection (2) Section 721(1) of Public Law 104–201 (10 power under this subsection to another depart- (e)(1)), 674, 687, and 688 by striking ‘‘of Trans- U.S.C. 1073 note) is amended by striking ‘‘of ment, agency, or instrumentality of the United portation’’ each place it appears and inserting Transportation’’ and inserting ‘‘of Homeland States.’’. ‘‘of Homeland Security’’. Security’’. (3) Section 4463(a) of Public Law 102–484 (10 SEC. 1602. INCREASE IN CIVIL PENALTIES. (b) TITLE 10, U.S.C.—(1) Title 10, United Section 46301(a) of title 49, United States States Code, is amended in sections 101(9), U.S.C. 1143a note) is amended by striking ‘‘after Code, is amended by adding at the end the fol- 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), consultation with the Secretary of Transpor- lowing: 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), tation’’. (4) Section 4466(h) of Public Law 102–484 (10 ‘‘(8) AVIATION SECURITY VIOLATIONS.—Not- 708(a), 716(a), 717, 806(d)(2), 815(e), 888, U.S.C. 1143 note) is amended by striking ‘‘of withstanding paragraphs (1) and (2) of this sub- 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), Transportation’’ and inserting ‘‘of Homeland section, the maximum civil penalty for violating 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), Security’’. chapter 449 or another requirement under this 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), title administered by the Under Secretary of (5) Section 542(d) of Public Law 103–337 (10 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), U.S.C. 1293 note) is amended by striking ‘‘of Transportation for Security shall be $10,000; ex- 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), cept that the maximum civil penalty shall be Transportation’’ and inserting ‘‘of Homeland 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), Security’’. $25,000 in the case of a person operating an air- 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), craft for the transportation of passengers or (6) Section 740 of Public Law 106–181 (10 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), U.S.C. 2576 note) is amended in subsections property for compensation (except an individual 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), serving as an airman).’’. (b)(2), (c), and (d)(1) by striking ‘‘of Transpor- 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), tation’’ each place it appears and inserting ‘‘of SEC. 1603. ALLOWING UNITED STATES CITIZENS 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), Homeland Security’’. AND UNITED STATES NATIONALS AS 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), SCREENERS. (7) Section 1407(b)(2) of the Defense Depend- 10149(b), 10150, 10202(b), 10203(d), 10205(b), ents’ Education Act of 1978 (20 U.S.C. 926(b)) is Section 44935(e)(2)(A)(ii) of title 49, United 10301(b), 12103(b), 12103(d), 12304, 12311(c), States Code, is amended by striking ‘‘citizen of amended by striking ‘‘of Transportation’’ both 12522(c), 12527(a)(2), 12731(b), 12731a(e), places it appears and inserting ‘‘of Homeland the United States’’ and inserting ‘‘citizen of the 16131(a), 16136(a), 16301(g), and 18501 by strik- United States or a national of the United States, Security’’. ing ‘‘of Transportation’’ each place it appears (8) Section 2301(5)(D) of the Elementary and as defined in section 1101(a)(22) of the Immigra- and inserting ‘‘of Homeland Security’’. Secondary Education Act of 1965 (20 U.S.C. tion and Nationality Act (8 U.S.C. 1101(a)(22))’’. (2) Section 801(1) of such title is amended by 6671(5)(D)) is amended by striking ‘‘of Transpor- TITLE XVII—CONFORMING AND striking ‘‘the General Counsel of the Depart- tation’’ and inserting ‘‘of Homeland Security’’. TECHNICAL AMENDMENTS ment of Transportation’’ and inserting ‘‘an offi- (9) Section 2307(a) of the Elementary and Sec- SEC. 1701. INSPECTOR GENERAL ACT OF 1978. cial designated to serve as Judge Advocate Gen- ondary Education Act of 1965 (20 U.S.C. 6677(a)) Section 11 of the Inspector General Act of 1978 eral of the Coast Guard by the Secretary of is amended by striking ‘‘of Transportation’’ and (Public Law 95–452) is amended— Homeland Security’’. inserting ‘‘of Homeland Security’’. (1) by inserting ‘‘Homeland Security,’’ after (3) Section 983(d)(2)(B) of such title is amend- (10) Section 1034(a) of Public Law 105–85 (21 ‘‘Transportation,’’ each place it appears; and ed by striking ‘‘Department of Transportation’’ U.S.C. 1505a(a)) is amended by striking ‘‘of

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Transportation’’ and inserting ‘‘of Homeland or mixed-ownership corporation thereof) and the ‘‘(f) SECRETARY AND ATTORNEY GENERAL AP- Security’’. persons on the property. PROVAL.—The powers granted to officers and (11) The Military Selective Service Act is ‘‘(b) OFFICERS AND AGENTS.— agents designated under this section shall be ex- amended— ‘‘(1) DESIGNATION.—The Secretary may des- ercised in accordance with guidelines approved (A) in section 4(a) (50 U.S.C. App. 454(a)), by ignate employees of the Department of Home- by the Secretary and the Attorney General. striking ‘‘of Transportation’’ in the fourth para- land Security, including employees transferred ‘‘(g) LIMITATION ON STATUTORY CONSTRUC- graph and inserting ‘‘of Homeland Security’’; to the Department from the Office of the Federal TION.—Nothing in this section shall be con- (B) in section 4(b) (50 U.S.C. App. 454(b)), by Protective Service of the General Services Ad- strued to— striking ‘‘of Transportation’’ both places it ap- ministration pursuant to the Homeland Security ‘‘(1) preclude or limit the authority of any pears and inserting ‘‘of Homeland Security’’; Act of 2002, as officers and agents for duty in Federal law enforcement agency; or (C) in section 6(d)(1) (50 U.S.C. App. connection with the protection of property ‘‘(2) restrict the authority of the Adminis- 456(d)(1)), by striking ‘‘of Transportation’’ both owned or occupied by the Federal Government trator of General Services to promulgate regula- places it appears and inserting ‘‘of Homeland and persons on the property, including duty in tions affecting property under the Administra- Security’’; areas outside the property to the extent nec- tor’s custody and control.’’. (D) in section 9(c) (50 U.S.C. App. 459(c)), by essary to protect the property and persons on (2) DELEGATION OF AUTHORITY.—The Sec- striking ‘‘Secretaries of Army, Navy, Air Force, the property. retary may delegate authority for the protection or Transportation’’ and inserting ‘‘Secretary of ‘‘(2) POWERS.—While engaged in the perform- of specific buildings to another Federal agency a military department, and the Secretary of ance of official duties, an officer or agent des- where, in the Secretary’s discretion, the Sec- Homeland Security with respect to the Coast ignated under this subsection may— retary determines it necessary for the protection Guard,’’; and ‘‘(A) enforce Federal laws and regulations for of that building. (E) in section 15(e) (50 U.S.C. App. 465(e)), by the protection of persons and property; (3) CLERICAL AMENDMENT.—The table of sec- striking ‘‘of Transportation’’ both places it ap- ‘‘(B) carry firearms; tions at the beginning of chapter 13 of title 40, ‘‘(C) make arrests without a warrant for any pears and inserting ‘‘of Homeland Security’’. United States Code, is amended by striking the offense against the United States committed in (f) TECHNICAL CORRECTION.—(1) Title 14, item relating to section 1315 and inserting the the presence of the officer or agent or for any United States Code, is amended by redesignating following: felony cognizable under the laws of the United section 673 (as added by section 309 of Public States if the officer or agent has reasonable ‘‘1315. Law enforcement authority of Secretary Law 104–324) as section 673a. grounds to believe that the person to be arrested of Homeland Security for protec- (2) The table of sections at the beginning of has committed or is committing a felony; tion of public property.’’. chapter 17 of such title is amended by redesig- ‘‘(D) serve warrants and subpoenas issued SEC. 1707. TRANSPORTATION SECURITY REGULA- nating the item relating to such section as sec- under the authority of the United States; and TIONS. tion 673a. ‘‘(E) conduct investigations, on and off the Title 49, United States Code, is amended— (g) EFFECTIVE DATE.—The amendments made property in question, of offenses that may have (1) in section 114(l)(2)(B), by inserting ‘‘for a by this section (other than subsection (f)) shall been committed against property owned or occu- period not to exceed 90 days’’ after ‘‘effective’’; take effect on the date of transfer of the Coast pied by the Federal Government or persons on and Guard to the Department. the property. (2) in section 114(l)(2)(B), by inserting SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND ‘‘(F) carry out such other activities for the ‘‘ratified or’’ after ‘‘unless’’. SMALLPOX VACCINE DEVELOPMENT. promotion of homeland security as the Secretary SEC. 1708. NATIONAL BIO-WEAPONS DEFENSE (a) IN GENERAL.—Section 121 of the Public may prescribe. ANALYSIS CENTER. Health Security and Bioterrorism Preparedness ‘‘(c) REGULATIONS.— There is established in the Department of De- and Response Act of 2002 (Public Law 107–188; ‘‘(1) IN GENERAL.—The Secretary, in consulta- fense a National Bio-Weapons Defense Analysis 42 U.S.C. 300hh–12) is amended— tion with the Administrator of General Services, Center, whose mission is to develop counter- (1) in subsection (a)(1)— may prescribe regulations necessary for the pro- measures to potential attacks by terrorists using (A) by striking ‘‘Secretary of Health and tection and administration of property owned or weapons of mass destruction. Human Services’’ and inserting ‘‘Secretary of occupied by the Federal Government and per- SEC. 1709. COLLABORATION WITH THE SEC- Homeland Security’’; sons on the property. The regulations may in- RETARY OF HOMELAND SECURITY. (B) by inserting ‘‘the Secretary of Health and clude reasonable penalties, within the limits pre- (a) DEPARTMENT OF HEALTH AND HUMAN Human Services and’’ between ‘‘in coordination scribed in paragraph (2), for violations of the SERVICES.—The second sentence of section with’’ and ‘‘the Secretary of Veterans Affairs’’; regulations. The regulations shall be posted and 351A(e)(1) of the Public Health Service Act (42 and remain posted in a conspicuous place on the U.S.C. 262A(e)(1)) is amended by striking (C) by inserting ‘‘of Health and Human Serv- property. ‘‘consultation with’’ and inserting ices’’ after ‘‘as are determined by the Sec- ‘‘(2) PENALTIES.—A person violating a regula- ‘‘collaboration with the Secretary of Homeland retary’’; and tion prescribed under this subsection shall be Security and’’. fined under title 18, United States Code, impris- (2) in subsections (a)(2) and (b), by inserting (b) DEPARTMENT OF AGRICULTURE.—The sec- ‘‘of Health and Human Services’’ after oned for not more than 30 days, or both. ond sentence of section 212(e)(1) of the Agricul- ‘‘(d) DETAILS.— ‘‘Secretary’’ each place it appears. tural Bioterrorism Protection Act of 2002 (7 (b) EFFECTIVE DATE.—The amendments made ‘‘(1) REQUESTS OF AGENCIES.—On the request of the head of a Federal agency having charge U.S.C. 8401) is amended by striking by this section shall take effect on the date of ‘‘consultation with’’ and inserting transfer of the Strategic National Stockpile of or control of property owned or occupied by the Federal Government, the Secretary may detail ‘‘collaboration with the Secretary of Homeland the Department of Health and Human Services Security and’’. to the Department. officers and agents designated under this section for the protection of the property and per- SEC. 1710. RAILROAD SAFETY TO INCLUDE RAIL- SEC. 1706. TRANSFER OF CERTAIN SECURITY AND ROAD SECURITY. LAW ENFORCEMENT FUNCTIONS sons on the property. (a) INVESTIGATION AND SURVEILLANCE ACTIVI- AND AUTHORITIES. ‘‘(2) APPLICABILITY OF REGULATIONS.—The TIES.—Section 20105 of title 49, United States (a) AMENDMENT TO TITLE 40.—Section 581 of Secretary may— Code, is amended— title 40, United States Code, is amended— ‘‘(A) extend to property referred to in para- (1) by striking ‘‘Secretary of Transportation’’ (1) by striking subsection (a); and graph (1) the applicability of regulations pre- in the first sentence of subsection (a) and insert- (2) in subsection (b)— scribed under this section and enforce the regu- ing ‘‘Secretary concerned’’; (A) by inserting ‘‘and’’ after the semicolon at lations as provided in this section; or (2) by striking ‘‘Secretary’’ each place it ap- the end of paragraph (1); ‘‘(B) utilize the authority and regulations of pears (except the first sentence of subsection (a)) (B) by striking ‘‘; and’’ at the end of para- the requesting agency if agreed to in writing by and inserting ‘‘Secretary concerned’’; graph (2) and inserting a period; and the agencies. ‘‘(3) FACILITIES AND SERVICES OF OTHER AGEN- (3) by striking ‘‘Secretary’s duties under chap- (C) by striking paragraph (3). CIES.—When the Secretary determines it to be ters 203–213 of this title’’ in subsection (d) and (b) LAW ENFORCEMENT AUTHORITY.— economical and in the public interest, the Sec- inserting ‘‘duties under chapters 203–213 of this (1) IN GENERAL.—Section 1315 of title 40, title (in the case of the Secretary of Transpor- United States Code, is amended to read as fol- retary may utilize the facilities and services of tation) and duties under section 114 of this title lows: Federal, State, and local law enforcement agencies, with the consent of the agencies. (in the case of the Secretary of Homeland Secu- ‘‘§ 1315. Law enforcement authority of Sec- ‘‘(e) AUTHORITY OUTSIDE FEDERAL PROP- rity)’’; retary of Homeland Security for protection ERTY.—For the protection of property owned or (4) by striking ‘‘chapter.’’ in subsection (f) of public property occupied by the Federal Government and per- and inserting ‘‘chapter (in the case of the Sec- ‘‘(a) IN GENERAL.—To the extent provided for sons on the property, the Secretary may enter retary of Transportation) and duties under sec- by transfers made pursuant to the Homeland Se- into agreements with Federal agencies and with tion 114 of this title (in the case of the Secretary curity Act of 2002, the Secretary of Homeland State and local governments to obtain authority of Homeland Security).’’; and Security (in this section referred to as the for officers and agents designated under this (5) by adding at the end the following new ‘Secretary’) shall protect the buildings, grounds, section to enforce Federal laws and State and subsection: and property that are owned, occupied, or se- local laws concurrently with other Federal law ‘‘(g) DEFINITIONS.—In this section— cured by the Federal Government (including enforcement officers and with State and local ‘‘(1) the term ‘safety’ includes security; and any agency, instrumentality, or wholly owned law enforcement officers. ‘‘(2) the term ‘Secretary concerned’ means—

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00052 Fmt 4636 Sfmt 6333 E:\CR\FM\A22NO7.039 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9089 ‘‘(A) the Secretary of Transportation, with re- SEC. 1714. CLARIFICATION OF DEFINITION OF will be the Secretary of Homeland Se- spect to railroad safety matters concerning such MANUFACTURER. curity, and others in that Department Secretary under laws administered by that Sec- Section 2133(3) of the Public Health Service will do an outstanding job once they Act (42 U.S.C. 300aa–33(3)) is amended— retary; and get started. So I support very strongly ‘‘(B) the Secretary of Homeland Security, with (1) in the first sentence, by striking ‘‘under its respect to railroad safety matters concerning label any vaccine set forth in the Vaccine Injury the establishment of a homeland secu- such Secretary under laws administered by that Table’’ and inserting ‘‘any vaccine set forth in rity department. Secretary.’’. the Vaccine Injury table, including any compo- But the thing that bothers me, and (b) REGULATIONS AND ORDERS.—Section nent or ingredient of any such vaccine’’; and the reason I came back to Washington 20103(a) of such title is amended by inserting (2) in the second sentence, by inserting today, to reserve the right to object, is after ‘‘1970.’’ the following: ‘‘When prescribing ‘‘including any component or ingredient of any because something was put into the a security regulation or issuing a security order such vaccine’’ before the period. bill that is wrong. I believe that it was that affects the safety of railroad operations, SEC. 1715. CLARIFICATION OF DEFINITION OF put into the bill, because those who the Secretary of Homeland Security shall con- VACCINE-RELATED INJURY OR DEATH. were asking that it be put into the bill sult with the Secretary.’’. were unaware of the ramifications of (c) NATIONAL UNIFORMITY OF REGULATION.— Section 2133(5) of the Public Health Service Section 20106 of such title is amended— Act (42 U.S.C. 300aa–33(5)) is amended by add- putting it into the bill. So under my (1) by inserting ‘‘and laws, regulations, and ing at the end the following: ‘‘For purposes of reservation, I am going to go into the orders related to railroad security’’ after the preceding sentence, an adulterant or con- details of this, and it is going to take ‘‘safety’’ in the first sentence; taminant shall not include any component or a little bit of time, but I think the edu- (2) by inserting ‘‘or security’’ after ‘‘safety’’ ingredient listed in a vaccine’s product license cation of my colleagues is extremely each place it appears after the first sentence; application or product label.’’. important when we are talking about and SEC. 1716. CLARIFICATION OF DEFINITION OF VACCINE. the thousands and thousands of chil- (3) by striking ‘‘Transportation’’ in the second dren in this country that have autism sentence and inserting ‘‘Transportation (with Section 2133 of the Public Health Service Act respect to railroad safety matters), or the Sec- (42 U.S.C. 300aa–33) is amended by adding at and how their families are struggling retary of Homeland Security (with respect to the end the following: to cope with this problem without any railroad security matters),’’. ‘‘(7) The term ‘vaccine’ means any prepara- help from those who may have caused tion or suspension, including but not limited to SEC. 1711. HAZMAT SAFETY TO INCLUDE HAZMAT the damage. SECURITY. a preparation or suspension containing an at- So let me start off by saying that (a) GENERAL REGULATORY AUTHORITY.—Sec- tenuated or inactive microorganism or subunit when section 1714 to section 1717 were tion 5103 of title 49, United States Code, is thereof or toxin, developed or administered to put into the bill at the last minute produce or enhance the body’s immune response amended— here in the House, and the gentleman (1) by striking ‘‘transportation’’ the first place to a disease or diseases and includes all components and ingredients listed in the vaccines’s from Texas, my good friend, was the it appears in subsection (b)(1) and inserting author of this amendment, I was told ‘‘transportation, including security,’’; product license application and product label.’’. (2) by striking ‘‘aspects’’ in subsection SEC. 1717. EFFECTIVE DATE. that the committee of jurisdiction was (b)(1)(B) and inserting ‘‘aspects, including secu- The amendments made by sections 1714, 1715, notified about this amendment. rity,’’; and and 1716 shall apply to all actions or pro- Well, according to the Rules of the (3) by adding at the end the following: ceedings pending on or after the date of enact- House, the Committee on Government ‘‘(C) CONSULTATION.—When prescribing a se- ment of this Act, unless a court of competent ju- Reform and Oversight was the com- curity regulation or issuing a security order that risdiction has entered judgment (regardless of mittee of jurisdiction. I am the chair- affects the safety of the transportation of haz- whether the time for appeal has expired) in such man of that committee and I was not ardous material, the Secretary of Homeland Se- action or proceeding disposing of the entire ac- notified. curity shall consult with the Secretary.’’. tion or proceeding. (b) PREEMPTION.—Section 5125 of that title is Mr. ARMEY (during the reading). Mr. b 1115 amended— Speaker, I ask unanimous consent that Had I been notified, I would have (1) by striking ‘‘chapter or a regulation pre- the Senate amendment be considered been down here on the floor debating it scribed under this chapter’’ in subsection (a)(1) as read and printed in the RECORD. very stringently, because we have been and inserting ‘‘chapter, a regulation prescribed The SPEAKER pro tempore. Is there studying this issue for 3 years. We have under this chapter, or a hazardous materials objection to the request of the gen- transportation security regulation or directive had thousands of pieces of correspond- issued by the Secretary of Homeland Security’’; tleman from Texas? ence from parents of children who have (2) by striking ‘‘chapter or a regulation pre- Mr. OBEY. Mr. Speaker, reserving been damaged to the point where they scribed under this chapter.’’ in subsection (a)(2) the right to object, I just want to make cannot speak and cannot live a good and inserting ‘‘chapter, a regulation prescribed certain that my understanding is that life. We have had hearings involving under this chapter, or a hazardous materials the gentleman from Indiana (Mr. scientists and doctors from all over the transportation security regulation or directive BURTON) is going to be recognized first world about this subject, and we are issued by the Secretary of Homeland Security.’’; on a reservation of objection. I just the only committee to my knowledge and want to make certain that I will also (3) by striking ‘‘chapter or a regulation pre- in the Congress that has taken this scribed under this chapter,’’ in subsection (b)(1) be recognized under a reservation of kind of time and effort to research this and inserting ‘‘chapter, a regulation prescribed objection. problem. Yet, we were not notified under this chapter, or a hazardous materials The SPEAKER pro tempore. The gen- about this and the ramifications of this transportation security regulation or directive tleman is correct. Does the gentleman amendment. issued by the Secretary of Homeland Security,’’. withdrawal his reservation? So what I did when the amendment SEC. 1712. OFFICE OF SCIENCE AND TECHNOLOGY Mr. OBEY. Mr. Speaker, I withdraw was found out, and it was over in the POLICY. my reservation of objection. Senate by that time because we had The National Science and Technology Policy, The SPEAKER pro tempore. Is there passed the homeland security bill, with Organization, and Priorities Act of 1976 is objection to the request of the gen- my vote, in addition to those of my amended— tleman from Texas? colleagues, I went over there to try to (1) in section 204(b)(1) (42 U.S.C. 6613(b)(1)), by inserting ‘‘homeland security,’’ after There was no objection. get this amendment out. ‘‘national security,’’; and The SPEAKER pro tempore. Is there Well, I found that the only way you (2) in section 208(a)(1) (42 U.S.C. 6617(a)(1)), objection to the original request of the could get it out was to bring it back to by inserting ‘‘the Office of Homeland Security,’’ gentleman from Texas? the House and probably go to a con- after ‘‘National Security Council,’’. Mr. BURTON of Indiana. Mr. Speak- ference committee and, as a result, the SEC. 1713. NATIONAL OCEANOGRAPHIC PARTNER- er, reserving the right to object, first homeland security bill might be killed SHIP PROGRAM. of all, let me say that I certainly sup- for this session, and we might be drag- Section 7902(b) of title 10, United States Code, port establishing the Department of ging this thing on through December. is amended by adding at the end the following Homeland Security. If there is one The majority leader in the Senate and new paragraphs: thing we need to deal with the terror- the Speaker of the House did not want ‘‘(13) The Under Secretary for Science and Technology of the Department of Homeland Se- ists and the terrorist threat, it is to that to happen. Therefore, my request curity. make sure that we have a streamlined that we take this out was not accepted. ‘‘(14) Other Federal officials the Council con- approach to dealing with the threat. I Cloture was voted on, so they went di- siders appropriate.’’. believe that Tom Ridge, who I believe rectly to the bill.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00053 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.039 H22PT1 H9090 CONGRESSIONAL RECORD — HOUSE November 22, 2002 So I sent out a Dear Colleague letter of vaccine-injured individuals to sue cannot do it, but I am going to go to all of the Senators. I want to go into manufacturers of vaccines and their ahead anyhow, Senators SNOWE, some of that a little bit and the rea- components. Proponents of these provi- CHAFFEE, and COLLINS on the Repub- sons why this is such an important sions have stated that once individuals lican side of the aisle, along with a lot issue. have gone through the Vaccine Injury of our Democrat colleagues, who put In my letter to my colleagues in the Compensation Program they can still pressure on the leadership in the Sen- Senate, I said, ‘‘Scientists have con- choose to file a civil lawsuit. ate to make a concession saying that cluded that there is no causal connec- That is false. The reason is, there is they would adjust this or take this pro- tion between mercury-containing thi- a 3-year statute of limitations. Most of vision out, at least in part. merosal.’’ That is an additive that is these families did not even know about ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE put into the vaccines that is going into the program, so the 3 years passed and The SPEAKER pro tempore (Mr. our children. Most people do not know they could not get into it. Therefore, THORNBERRY). The Chair appreciates that mercury is being injected or has the only recourse they had was to file the gentleman abiding by the rules of been injected into our children 25 or 30 a suit, a class action suit. So we have the House. times before they go to the first grade thousands of families out there that Mr. BURTON of Indiana. I will, Mr. in school, and there is a cumulative ef- cannot get into the program, the vac- Speaker. I am not going to do it again. fect of mercury in the brain. You get a cine compensation program, when their I have gotten it down already. little bit, and it keeps building up be- kids have been damaged because the But they went to the Senator, the cause of the fatty tissue in the brain. statute of limitations has expired. Senator from Mississippi, TRENT LOTT, One shot of mercury may not hurt, They are out there with nothing. Their the majority leader, and said they were with the thimerosal, but the cumu- houses are being sold, they are going going to vote for an amendment to lative effect, according to many sci- bankrupt, they are spending all their take a whole bunch of things out, in- entists, does cause neurological dam- money and hurting their lives trying to cluding this provision, if they did not age, including autism. help their kids, and they cannot do it. agree to take this out for retroactivity But the fact is, in 2001 the respected My grandson is one of them. in a bill that will come up for correc- Institute of Medicine concluded that a Fact: ‘‘Thimerosal has now been re- tions after the first of the year. I want connection between thimerosal, the moved from all childhood vaccines and to thank them personally for that. mercury-containing additive, and au- is no longer a concern.’’ Now, during the debate in the Sen- tism, while unproven, is biologically That is not true. It is in the flu vac- ate, some of my colleagues, including plausible. So they said they did not cine they are giving to children. They some eminent doctors, said there was a may have taken it out in the last cou- know; they did not know whether it Danish study that showed that thimer- ple of weeks, but it has been in there. would cause autism or not, but they osal and mercury did not cause autism. said it was biologically plausible. It is in the flu vaccine that we get here First of all, let me tell the Members Researchers in the State of Cali- in the House. that the Danes, Denmark, quit using fornia concluded this year that there is There is a tremendous increase in the thimerosal in 1992. Second, the study no statistical explanation for the near- number of people that are having Alz- that they referred to had nothing to do ly 300 percent increases in cases of au- heimer’s disease, and there is a grow- with thimerosal. It had to do with the tism in that State. ‘‘It is astounding to ing body of evidence in the world of MMR vaccine. It had nothing to do see a three-fold increase in autism with science that one of the contributing with mercury. So my colleagues who no explanation,’’ said Dr. Robert Byrd, factors is the mercury that we are put- are experts in the Senate that were an epidemiologist who led the study. ting into our bodies. They are putting talking about this Danish study did not ‘‘There are a number of things that it into adult vaccines still, including read the darned thing. It had nothing need to be answered, and we need to the flu vaccine that every Member of rethink the possible causes of autism.’’ this body got this year that took it. to do with mercury. If we look at this study, we will see I talked to the doctor, the head of I want to tell the Members about here when we started about the late health here in the House. When I first some people who have had some prob- 1980s there was a dramatic increase in talked to him about it 2 or 3 years ago, lems. I became interested in this, and I the amount of autism in California. I said, did you know there is mercury did not even know what autism was. I That is when we started adding addi- in the vaccines we are getting for flu? saw the movie Rain Man, and I did not tional vaccines containing thimerosal, He was not aware of it. What it says in know much about autism. I did not the mercury-based additive, preserva- the leaflet that we get is thimerosal. know what caused it. But I knew that, tive, to these vaccines. Who in the heck knows what thimer- in the movie, he was brilliant in some Another fact: An internal HHS docu- osal is. Well, 50 percent of it is mer- areas, but he could not clothe himself ment produced to the Committee on cury. or feed himself and had all kinds of Government Reform during our inves- Relating to the argument that it has problems. tigation into vaccine safety described been removed from pediatric vaccines, Then my grandson got nine shots in what it referred to as a weak signal in the pharmaceutical companies that one day. Two days later, the child that its data link linking thimerosal to neu- have already put vaccines out there was normal was running around bang- rological disorders: ‘‘Preliminary that have thimerosal in it, it is still on ing his head against the wall, flapping screening of ICD–9 codes for possible the shelves in the doctors’ offices. They his hands, had constant constipation neurologic and renal conditions fol- may not be manufacturing more with and diarrhea combined, and he would lowing exposures to vaccines con- Thimerosal in it, but the doctors that not look at you anymore, and he could taining thimerosal,’’ that is the mer- have it in their offices and the phar- not talk. He had autism. cury, ‘‘before 3 months of age showed a macists that have it in their pharmacy I decided to start taking a look at statistical association for the overall are still dispensing it and it is still this problem and find out what caused category of neurological development being used; so we are still injecting it. Nine shots in one day, seven of disorders and for two conditions within mercury into our kids in large quan- which had mercury in them. The cumu- the category, speech delay and atten- tities. lative effect of those shots showed that tion deficit disorder.’’ Because the FDA was painfully slow he had 40 times the amount of mercury Fact: If there were no concerns that to seek the removal of thimerosal dur- that was tolerable in an individual in scientific research would demonstrate ing the 1990s, millions of children one day. He is ruined for life. a connection between thimerosal and across the country were exposed to this We might say that that is an isolated autism, sections 1714 and 1717 would mercury-based additive, preservative, case. Do Members know how many peo- not have been tacked into the Home- at a time when concerns about its ple are autistic in America, how many land Security Act in the 11th hour health effects were emerging. The legal kids? Ten years ago, it was one in without any debate, without anybody rights of these children should not be 10,000. Now it is one in 250, a 40-fold in- knowing about that. curtailed; yet, they were curtailed. crease in 10 years. And we had the au- Here is some more fiction. Sections Now, I want to thank publicly, and dacity to take the only tool that these 1714 to 1717 do not eliminate the right here the Speaker is going to tell me I parents had out of their hands to

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00054 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.013 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9091 soothe the pharmaceutical companies the night; a beautiful child, cheer- Indiana University for helping my kids that manufactured that. The pharma- leader, 9 years old. Members would see in these early days. ceutical companies, make no mistake a picture and say this kid is beautiful. I want to show my colleagues some of about it, ought to be held responsible. Yet, she has been affected by some- these charts here, because I think a I would like to go through the Vac- thing, and I think it is probably the picture sometimes is better than a cine Injury Compensation Program if mercury in the vaccines. thousand words. This is what has hap- we could adjust it to make it fair to all Anybody that does not know mercury pened in California. A 300 percent in- these families, but we cannot write off is a very toxic substance has their head crease. And these figures do not go past people who have gone beyond the 3- in the wrong place. They took it out of 2000. That is California. year period and have no recourse un- Mercurochrome years ago. Remember Now, we have a program called IDEA, less they sue. We have to adjust that when we used to put that red stuff on and that is where we put money into a vaccine compensation program, and our skin, Mercurochrome? They took it fund that goes out to the States to help that is what we need to do next year. out of there years ago because they children who have learning disabilities. I have had so many hearings on this. said it caused some skin damage, plus This is Indiana, my home State. If we That is why I am so surprised we were there was concern about the mercury look here, we see that in the early not contacted. I have had mothers leaching into the skin, going to the 1990s, back to 1980, it was pretty level, come in and fathers come in. It is four brain, and causing neurological prob- the amount of autism we had. But then times more prevalent in boys than lems; yet they are still using it in vac- they introduced two additional vac- girls. In Brick Township in New Jersey, cines. cines that had a large amount of thi- it is one out of less than 150 kids that Let me tell the Members about the merosal in them, the Hib vaccine, are autistic. They believe that the mer- Zuhlke case. Janet Zuhlke’s daughter which dealt with a flu-type problem cury is being acquired in additional had a severe reaction to a childhood children have, and the hepatitis B vac- ways, as well. vaccination almost immediately after cine. When we hear these stories about she got her shot. It was an injury that Now, if my colleagues will look at these families that are going through was on the injury table established by this, you can see the huge increase in this we just cannot understand it, why Congress. When you are on that injury the amount of autism since 1990; and it is happening. They said the Vaccine table, compensation is supposed to be the schools cannot cope with it because Injury Compensation Program that we almost automatic. many of these kids need one-on-one at- came up with in the late eighties, The vaccine injury was certified by tention to help them. They cannot cope thanks to the gentleman from Cali- some of the most prominent neurolo- with it because there has not been fornia (Mr. WAXMAN) on the Demo- gists in Florida, but the Justice De- enough money appropriated for the cratic side and my colleagues on the partment has fought her case for 10 IDEA program. Well, I am for cutting Republican side, was supposed to be a years so she could not collect from the government spending, but if we are not solution. It was going to help the phar- vaccine injury compensation fund. Her going to take care of these kids one maceutical companies to reduce the daughter got the shot when she was 6 way, they have to be taken care an- number of lawsuits against them by years old. She is almost 18 now. The other way. So, educationally, we can saying that we had to first go through family has not received a cent, al- see there is a problem. this vaccine injury compensation fund, though they are finally getting close to Talk to any school in the country. I and it was supposed to be nonadver- resolving the case. submit to my colleagues, call them up sarial. Why should that case take 10 years? and talk to them. They will tell you We had people come before the com- It is on the list. Neurologists verified that they are being inundated with mittee who had kids who had been that the child was damaged by the vac- kids with autism, and they are having damaged by vaccines, including those cine; yet, nothing has happened. a difficult time helping them with containing mercury. Some of them had their education. Some of them can be b 1130 to wait until their child died before educated and become fairly inde- they got the money. One of the people The Barton case, Lori Barton of New pendent later in life. But the fact of was threatened by the Justice Depart- Mexico, had a similar experience. Her the matter is, we have to educate ment, saying, if they said anything son’s case was a little more com- them. about this, they would appeal the case plicated, but he did have a table injury. In California, they estimate that be- and they would not get paid. That is on the table of injuries. Again, tween the ages of 6 and 18 an autistic So this is a very adversarial situa- we had a case that took 10 years to re- child is going to cost the State $2 mil- tion. That needs to be corrected, too, solve. After this lengthy fight, the Bar- lion. Two million dollars. The cost to because these parents are putting out ton’s finally won compensation. The this country for autism is going to be thousands of dollars out of their pock- problem is their son died halfway in the billions and billions, and maybe ets to take care of their kids. Their through the case. the trillions, of dollars in the years to kids’ lives are ruined. They have to Lori Barton and her mother testified come if we do not find a solution to deal with it. Eighty-five percent of the before my committee that they were this problem. people that are married that have au- cross-examined like criminals by the It used to be 1 in 10,000 children. In tistic kids get divorced, 85 percent, be- government attorney. After they fi- some parts of the country, it is 1 in 150 cause of the pressures on the family. nally won their case, the government that are autistic right now. But na- Let me just tell the Members about a threatened to appeal the ruling and tionwide, according to CDC and HHS, couple of other cases besides the one drag it out for another year unless the our health agencies, there has been a that I am involved with with my fam- family agreed not to have the case pub- 40-fold increase. It is 1 in 250. ily. Incidentally, I have two grand- licly listed so it could set a precedent I submit that any person who has a children. My grandson is autistic, and for other families. child ought to think very carefully my granddaughter got a Hepatitis B Can you believe that? The child died about what they are putting into their shot which contained mercury, and she and they agreed they should be com- child in those vaccinations. I am for quit breathing 2 hours later. They pensated out of the fund, but they vaccinations. I think they are very im- rushed her to the hospital, gave her threatened them, saying if you say portant. They made this one of the mouth-to-mouth resuscitation, and she anything about this we will carry this most healthy nations in the world. In recovered and she was fine. thing on for another year. And God fact, the most healthy Nation. But Yet, she now has grand mal seizures. only knows how many thousands of there are certain things put into them We never had those in our family, in dollars that they had to put out to that should not be in there, in my opin- the history of our family on either take care of this problem. This was ion; and I think scientists around the side. We thought she was getting over supposed to be a nonadversarial pro- world would bear that out. them, and last night my daughter gram. Now, the Autism Society of America called me this morning and said she I want to thank Dr. Cathy Pratt from estimates that autism is increasing at had another seizure in the middle of the Indiana Autism Resource Center at a rate of 10 to 17 percent each year, and

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00055 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.015 H22PT1 H9092 CONGRESSIONAL RECORD — HOUSE November 22, 2002 that is faster than any other disease in the fastest-growing problem in Amer- document that I had to subpoena. I the country. Any other disease. The ica. And we are spending five to six want to read again a little bit of that. Autism Society of America estimates times more on diabetes than we are on This is an HHS document that we had that the total cost of autism each year autism. to subpoena to get. is between $20 billion and $60 billion to The National Institutes of Health has It says, ‘‘Preliminary screening of our economy. a total this year of $27 billion. That is ICD–9 codes for possible neurologic and I talked about the school problems. $27,000 billion. And they have been renal conditions following exposures to Parents who have autistic children who spending $22 million on autism out of vaccines containing thimerosal, mer- are past the 3-year statute of limita- $27 billion. This past year, because we cury, before 3 months of age showed a tions have no place to go. And I have have been raising cain, they did kick it statistical association for the overall talked to parents who have gone bank- up to $56 million. But $56 million out of category of neurological developmental rupt, who have had their children die, $27 billion on the fastest-growing prob- disorders and for two conditions within who have ended up in divorce, have had lem in America is not very much, and the category, speech delay and atten- all kinds of problems because of the they have not researched the correlation deficit disorder.’’ problems that their children have in- tion between mercury in vaccines and So they are saying there is a statis- curred from autism. autism. tical link between that and these kids And yet they say there is no research We need to find out the cause. We that are under 3 months old that are that shows one way or the other what need to determine how to stop the epi- getting these vaccines. And yet, when a is causing it. Scientists in other parts demic. We need to evaluate treatment child is in a hospital right now, they of the world, in Denmark, as I say, options. We need to make sure that the are getting a hepatitis B vaccine before they have taken mercury out of vac- people who are damaged from mercury they leave the hospital. And the only cines back in 1992, and yet in the early in vaccines are compensated. way you can get hepatitis B is through 1990s we were adding more mercury to The people who produce the thimer- sex, needles or blood. Now, I do not the vaccines of our children. osal, the mercury-based preservative, know how many kids are out there When I was a kid, we got maybe two do not contribute anything to the vac- having sex or using needles or having a or three vaccinations. We got the cine injury compensation fund. And blood transfusion. But, unless you have smallpox vaccine, everybody knows with the language that was put in the those, there is no need for those kids to about that, and we will probably get bill, gets them off scot-free. They do even be getting that vaccine at that that again, but we did not get very not ever have to worry about it. Be- age. many. And there was not a lot of thi- cause they are not putting any money In 2001, the Institute of Medicine con- merosal being injected into our bodies. in the fund right now, and they cer- cluded that a connection between thi- But now a child gets between 25 and 30 tainly would not have to if that lan- merosal and autism, while unproven, is shots before they go to school. Many of guage stayed in the bill in the future. biologically plausible. ‘‘The IOM called them contained, in the past, mercury; And that is wrong. Because we should for further research, stating evidence is and many scientists believe that that find out, and I believe we will find out, inadequate to accept or reject a causal is one of the major causes of autism. that they are a contributing factor, a relationship between exposure to mer- But there has not been any studies. major factor, in autism. cury, thimerosal, from vaccines and Why has the FDA and the CDC not As I said before, thimerosal is 50 per- neurological developmental disorders done extensive studies? Where did thi- cent mercury, 50 percent mercury and of autism, ADHD, and speech and lan- merosal come from in the first place? 50 percent thiosalicylic acid. A 6-month guage delays.’’ Back in the 1930s, the 1920s, they came old baby that received all the vaccines So they do not know, because they up with this idea of putting a preserva- on schedule would get 75 micrograms of have never done any testing on it, and tive in vaccinations that contained mercury from three doses of DTaP, 75 yet they continue to inject our kids mercury. They tested it on 20 some micrograms of mercury from three with this stuff. people. This is back around 1929, 1928; doses of Hib, and 37.5 micrograms from I want to go on and quote a little and the 20 some people that they tested three doses of hepatitis B vaccine. That more of what she said. She says, thimerosal on all had meningitis and is a total of 187.5 micrograms, and that ‘‘Because mercury at high doses is they all died. But it was not because of exceeds the suggested safe limits pub- known to pose risks, some parents and the thimerosal, it was because of the lished by the EPA. researchers are concerned that thimer- meningitis. So they said it did not have I do not know if the FDA talks to the osal in vaccines put children at in- any dilatory or adverse effect. That is EPA or not. That is something we are creased risk for developmental dis- a heck of a test. trying to solve with Homeland Secu- orders such as autism. Preliminary When I asked the FDA why they have rity. But we have the EPA saying that data from a few studies have suggested not tested it since, they say it is be- the amount of mercury from those that thimerosal-containing vaccines cause after so long a time a thing has three vaccines that are going into our could possibly,’’ could possibly, but been used, they accept it as an accept- kids exceeds the safe levels in an adult. then she says, ‘‘very minimally,’’ be- able preservative. But it has never been That is what the EPA says. Yet that is cause they do not know, ‘‘affect some tested in humans. They have tested it what we are doing, and have been measures of normal child development. in some animals and rats, and a lot of doing, and the parents have no re- But the data are inclusive.’’ them died. I would like to go into all course. If it is inconclusive, why have our those studies with my colleagues, but I Many clinics and doctors, as I said health agencies not been checking it will put those in the CONGRESSIONAL before, still have on their shelves vac- out? Why have they not done some- RECORD and my colleagues can read cines that contain thimerosal. Those thing since 1929 to check this substance them at their leisure. should be recalled. All that should be out, instead of continuing to inject The fact is that mercury in vaccines recalled. They say they are not pro- mercury into our kids? They have is not good. It is wrong. It is a toxic ducing any more, but we should not be taken mercury out of thermometers, substance and should not be there. putting any more into our kids. And they have taken it out of our topical The CDC is spending $932 million a they should not be putting it into dressings, and yet they are still inject- year on the AIDS epidemic, and AIDs adults either. We in Congress and peo- ing it into our kids and into adults. deserves attention. So does diabetes. ple across this country should not get a And I want to say something that is This year we are going to spend $62 flu shot and unknowingly have mer- very interesting. They are taking it million on diabetes, and we probably cury injected into them year after year out of children’s vaccines here in ought to spend more than that. But do after year. Because, as I said, it has a America, but they are still putting it you know how much they are spending cumulative effect in the brain, and you in vaccines they are sending to Third on research for our children who are can talk to any scientist and they will World countries. So my colleagues who autistic? About $10 million. So we are tell you that. are concerned about Africa and India spending 80 times more on AIDS re- I read to my colleagues before part of and other parts of the world where they search than we are on autism, yet it is the report that was given in an HHS have huge populations and they have

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00056 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.016 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9093 to vaccinate their kids, mercury is First, the bill increases compensa- vaccine is pretty constant until the being injected into those kids, even tion for future lost earnings for injured early 1990s, and then it spiked. We went though they are starting to take it out children. Under current law, compensa- from 1 in 10,000 kids to 1 in 250 nation- of vaccines here in America. That tion is based on the average weekly ally that are damaged with autism. shows what we think sometimes in our earnings of full and part-time workers It is unconscionable to me. And I am health agencies about the rest of the as determined by the Bureau of Labor one of those conservative guys. I am a world. Statistics. This bill would specify that conservative. I do not like to see the ‘‘Existing epidemiological evidence is only full-time workers should be used government spend money. I believe the inadequate to either accept or reject a in the calculation so that there is a re- government that governs best governs causal relationship between exposure alistic amount of money for lost time least, and I believe in lower taxes, so I to thimerosal from vaccines and and wages. am pretty much the last guy Members neurodevelopmental disorders of au- It would increase the level of com- would expect to see up here talking tism.’’ pensation to a family after a vaccine- about this. Government has to have a b 1145 related death from $250,000 to $300,000. heart, as well as being a guardian of The death benefit has remained un- the pocketbook; and when parents who It is important to remember that the changed since the program’s inception have children who are autistic and absence of proof of a correlation between vaccines and autism is far dif- in 1986. Inflation alone makes it higher they suspect that they have been dam- ferent than having a test and proving than that. aged by vaccines or mercury, they It would allow families of vaccine-inno vaccine causation. ought to have some recourse, and right Now, what does this mean for fami- jured children to be compensated for now they have virtually none. lies? I want to tell Members about an- the costs of family counseling and cre- The producers of the vaccines, they other family which has been before our ating and maintaining a guardianship ought to be protected to a degree, too. committee. Scott Bono of Durham, to administer the funds and allow for That is why I supported the Vaccine North Carolina, testified before our the payment of interim attorneys’ fees. Injury Compensation Fund. But where committee a few years ago. His son, They cannot get an attorney to take the two meet, there has to be some Jackson Bono, is one of those children their case because it is such a long- fairness, and the fairness is that par- who was adversely affected by thimer- drawn-out procedure. If they are not in ents with autistic kids who have been osal. He has autism. He is documented the class action suit and they go to an damaged by vaccines and those vac- to have toxic levels of mercury in his attorney, he says, I want some money cines are on that vaccine table, they body. He is now 13 years old. It is like- for my work. These attorneys do not ought to be compensated without an ly that the case his family has filed work pro bono, so it is difficult to find adversarial situation evolving through with the Vaccine Injury Compensation attorneys to take their cases. So we the Department of Justice and Health Program will be kicked out because of ought to allow for payment of interim and Human Services. That is not the the 3-year statute of limitations. Un- attorneys’ fees and legal costs while case right now. less his family can seek compensation the petition is being adjudicated. If it means that we have to extract through civil litigation, they will like- The costs of assembling the nec- more money from the pharmaceutical ly never be compensated for their essary medical records and obtaining companies when they give these vac- child’s vaccine injury. expert witnesses are substantial. Under cines, like a little increase in the They know that he has mercury in current laws, these costs, as well as the amount of the fee that they are paying his body at toxic levels. But because attorneys’ fees, are not reimbursed into the Vaccine Compensation Fund, the 3-year statute of limitations has until the case is finally resolved, and so be it, because these parents and chil- passed, he has no recourse. they are not being resolved. dren have a right to a good life and to We did not publicize this nationwide. We should extend the statute of limi- be treated fairly. Right now, that is When we came up with this Vaccine In- tations 6 years from the date of injury. not the case. jury Compensation Program, they did Under current law, families have to file Mr. Speaker, I hope the leadership in not tell all Americans who had autistic within 2 years of the child’s death or 3 the House and the other body will look children they had 3 years to file. A lot years of the child’s injury. favorably upon reevaluating the Vac- of people thought they had no recourse, We should provide a one-time, 2-year cine Injury Compensation Fund when so they filed suit and they did not go to period for families to file a petition if we return in January, that they will the Vaccine Injury Compensation they were previously excluded from reevaluate the language in the Depart- Fund; and they found out 3 years later, doing so because they missed the stat- ment of Homeland Security bill to too late, that they could have gone to ute of limitations. So we ought to pub- make sure that it is fair to those par- this fund and maybe been paid. licize across the country if a child is ents who have been left out in the cold; Mr. Speaker, that is why we need to autistic and they were damaged by a and if we do that, then I think we can reevaluate the entire fund and the ap- vaccine in the compensation fund list look at ourselves in the mirror and say proach to it. We need to have at least table, that parents ought to have 2 we are doing the right thing for par- 6 years and a 2-year look-back provi- years to file for their child’s injury. ents and especially the children of sion to allow parents with damaged There have been other bills which America. children to have access to that. have been introduced. However, the WHAT DO WE KNOW FROM THE PEER-RE- If it costs more money to put into other bills also appear to protect indus- VIEWED SCIENTIFIC LITERATURE ABOUT THI- the fund by the pharmaceutical compa- try more than protecting the families; MEROSAL? nies, right now they are paying so and we need to scrutinize those very, Thimerosal is a preservative that is ap- much per shot into the fund, like a tax very carefully. proximately 50 percent ethylmercury and 50 on each shot, then if we have to in- Let me just conclude, and I know percent thiosalicylic acid (TSA—sometimes crease that a little bit, so be it. But that I have been going on here for a referenced in the literature as a salt). First those families need to be compensated, long time, but I want to show Members licensed in 1930 by Eli Lily and Company, it has been used both in the manufacturing and they should not be shut out just one more chart. process of vaccines and as a preservative in because 3 years has passed. This chart shows Dr. Leo Canner dis- single and multi-dose vials. Over the last 20 I want to tell Members what I think covered autism among children born in years the FDA determined that single dose ought to be in the Vaccine Compensa- the 1930s, and it shows a pretty con- vials would not require a preservative. tion Program, and the gentleman from sistent rate of autism for those who In the 1980’s the FDA had already acted to California (Mr. WAXMAN) and I, along were being vaccinated. Then we in- pull mercury-containing topical ointments with the gentleman from Florida (Mr. creased the rate of vaccination here in such as merthiolate from the market because they no longer considered them safe. WELDON), have filed a bill that I hope the late 1960s, early 1970s, and then we Both components in thimerosal are prob- will do this. Since this issue has be- notice that the Hib vaccine was intro- lematic. Mercury is known to be toxic to the come so big because of the homeland duced and the hepatitis B vaccine was central nervous system and to the renal sys- security bill, I hope Members will vote introduced in the early 1990s. If we look tem. Thiosalicyclic acid is known to cause favorably for this bill next year. at this chart, the rate of autism from an allergic response in a significant portion

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00057 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.017 H22PT1 H9094 CONGRESSIONAL RECORD — HOUSE November 22, 2002 of the population. It is so allergic, that a merosal are published in dermatology jour- cases did not seem to cause any systemic re- skin patch test was developed decades ago, nals which general practitioners would not actions.’’ but has not been routinely used prior to vac- be reading, and thus not be alerted to the 4. A 1973 report of skin burns resulting cinations. problems. from a chemical reaction of thimerosal and Below is a summary of published research Notable quotes from paper: aluminum resulted in Lilly adding a new papers discussing safety issues of thimerosal. ‘‘Merthiolate is such a commonly used pre- warning to the label in 1973. 1. We know that in 1947, 31.5 percent of servative for biologicals, plasma, cartilage, Through multiple tests it was learned that cases of contact dermititis was due to thi- etc., that it would seem important to deter- thimerosal acted as a catalyst to the oxida- merosal. Of these 75 percent was confirmed mine whether harm would result following tion of aluminum. Blisters on the skin re- to be related to the TSA and 12.5 percent its subcutaneous or intravenous injection in sulted. It was suggested in this article that confirmed to be related to mercury. We know skin sensitive individuals.’’ thimerosal and aluminum should not be used that the authors of the 1947 paper questioned ‘‘It seems more logical, therefore, to as- together. (However, aluminum is another in- the wisdom of injecting thimerosal. cribe most of the reactions of merthiolate to gredient in many children’s vaccines.) A 1947 paper reports on a series of case re- the thiosalicylate rather than the mercuric Notable quotes from paper: ports. The author makes reference to a 1942 compound it contains.’’ 1972 British Medical Journal reports cases test in which 1 of 6 patients tested were sen- A 1950 research paper published in the New of skin burns resulting from the chemical re- sitive to merthiolate (16.7 percent). It also York Academy of Science found that mer- action of thimerosal and aluminum. references a 1945 test which found that 8 pa- cury bichloride (which is not merthiolate) ‘‘Mercury is known to act as a catalyst and tients were treated for contact dermatitis was toxic when injected, that it caused to cause aluminum to oxidize rapidly, with use related to merthiolate. Six of these were dermititis if used on the skin too long, and the production of heat.’’ The manufacturers tested for TSA and reacted (75 percent). An that it could not be used in chemotherapy. who supply us with thimerosal have been in- 8th patient proved to be sensitive to mercury Additionally, this article provides an his- formed. (12.5 percent). The article goes on to state torical perspective of the use of mercurials 5. A 1972 paper reports on six patients who that 35 percent of contact dermatitis (in gen- to prevent sepsis. It also mentions that died as a result of subacute mercury poi- eral) is due to therapeutic agents, (i.e. from much of the early work conducted on these soning from merthiolate. The doses of mer- putting a medication on the skin). Of those products was inadequate to make the claim. thiolate were likely 1,000 higher than ex- 35 percent, 90 percent were due to merthio- The research conducted for this paper was pected doses. late. Therefore, it meant that 31.5 percent of specifically to disprove the claims of high This article is important in that it shows contact dermatitis (in general) was due to germicidal and sporicidal activity increas- that there is indeed a level in which merthio- merthiolate (i.e. TSA and mercury) While ingly being touted in textbooks. late (thimerosal) can be toxic. A dose of 1,000 much of the focus has been on the mercury 3. A 1963 research publication reported that times the intended dose is now proven to be component of thimerosal, the articles points a patient who is sensitive to merthiolate deadly. (We have not seen any research that to the high level of allergic response due to should not be injected with thimerosal. It indicates the exact dose that it would be- the TSA component. Given that thimerosal = notes that a patch test exists—and has ex- come toxic.) The LD50 (the dose at which 50 ethylmercury + TSA, it doesn’t really mat- isted for decades, but there has never been percent of the test animals die) for rats is 60 ter whether it is TSA or the mercury that routine testing of infants or children to de- mg/kg of body weight. The article references the subacute nature causes the problem. termine if there is an allergic response. Al- Dr. Vera Stejskal, a noted European re- lergic responses are often overlooked. While of the poisoning—i.e. showing that the death searcher testified before the House Com- the article states that individuals who are was not rapid, but that death occurred after mittee on Government Reform that is not allergic to merthiolate are usually sensitive the cellular enzyme was poisoned by the simply the toxicity of the mercury, but also to the TSA, it also mentions that some are mercuric ion. The article notes that in chronic poi- the sustained allergic response to mercury sensitive to the mercurial component. soning, where small amounts of mercury are and TSA that can lead to a systemic re- The article also stipulates that in deter- ingested over a long period, that the symp- sponse—which can include a swelling of the mining who will be sensitized, the frequency the topical ointment is used seems to affect toms were mostly neurologic. brain. In immediate forms of poisoning, the kid- Notable quotes from paper: the numbers who become allergic. If this ar- ‘‘No eruptions or reactions have been ob- neys were the affected area. gument upholds, it could be extrapolated to While merthiolate was used in blood plas- served or reported to merthiolate internally, mean that the early and frequent use of thi- ma products extensively in WWII, it was but it may be dangerous to inject a serum merosal in childhood vaccines could make learned that that a higher concentration of containing merthiolate into a patient sen- newer generations more susceptible to aller- merthiolate resulted in the destruction of sitive to merthiolate.’’ gic responses to TSA and mercury. The paper red blood cells, which was a noted issue in ‘‘The thiosalicylic acid radical is the usual reports that patients react differently—there several of the cases reported in this paper. sensitizing factor in merthiolate sensi- is a dermal and epidermal reaction (possibly Notable quotes from paper: tivity.’’ a systemic response). ‘‘The case histories of four children and ‘‘Only one patient who had merthiolate Of particular concern from this paper is two adults who were accidentally given toxic dermatitis gave a negative patch test to that if this is true, that with new and in- amounts of Merthiolate are recorded.’’ thiosalicyclic acid. creasing recommendations from the CDC to ‘‘Five out of the six patients died, and ne- 2. We know that in 1948 there were frequent given adults booster shots from childhood cropsy showed extensive renal tubular necro- reports of adverse reactions related to top- immunization and to give flu and other vac- sis in each case, and in two, evidence of dif- ical application of thimerosal. cines that adults may begin to suffer similar fuse intravascular coagulation.’’ A 1948 paper reports on a 1947 case in which allergic (and systemic) reactions to thimer- ‘‘Merthiolate (Thimerosal, Thiomersal) is a 45-year-old woman suffered multiple reac- osal in vaccines. an organo-mecurial compound widely used as tions to merthiolate applied to her skin prior Notable quotes from paper: an antiseptic agent. Its main application in to surgery. She suffered fever and chills and ‘‘There is another point of practical sig- medicine has been as a skin antiseptic, and had small vesicles and erythema in the area nificance: does the parental injection of merit has also been incorporated as a preserva- of merthiolate application. After her recov- thiolate-containing fluids cause disturbances tive in attenuated polio and influenza virus ery, the patient indicated that the ulcer for in merthiolate-sensitive patients.’’ preparations. Similarly, vials of antibiotic which she was being surgically treated ap- ‘‘It is known that persons that are contact preparation may contain Merthiolate as a peared after repeated applications of a tinc- sensitive to a drug may tolerate the same bactericidal agent to allow such vials to be ture of merthiolate. Thinking she was treat- medications internally, but it seems advis- used for several doses.’’ ing the skin itch, she applied merthiolate able to use a preservative other than mer- ‘‘Toxic effects in man have been confirmed daily. She continued the application until thiolate for injections in merthiolate sen- mainly to skin reactions, which on occasions the skin because too raw and painful to con- sitive people.’’ may be severe.’’ tinue use—then sought medical care. After ‘‘Patch and intradermal tests of Merthio- ‘‘Intravenous Merthiolate has been used in the surgery, she developed pruritis in the late ‘‘do not produce reactions in normal, the treatment of subacute bacterial endo- area of the reaction. Two months later upon nonsensitive persons, according to the lit- carditis with no apparent ill effects (Powell an office visit, the patient’s pruritis and erature and my own experience.’’ and Jamieson 1931). However, the doses used crusting of the skin continued, while the er- Test results present ‘‘a picture of allergic were very small.’’ ythema had almost subsided. reaction and corresponds to those reactions ‘‘The amount of Merthiolate in each vial The article notes that there are many se- seen in contact dermatitis.’’ was 1,000 times as much.’’ vere reactions reported following the use of ‘‘It is generally recognized sensitivity to ‘‘The LD50 (lethal dose for 50 percent of mercurial ointments and a lesser number due Merthiolate usually is not due to its mer- test population) for Merthiolate in man is to antiseptics containing mercurials, rec- curial component but to the thiosalicylate unknown. However, these six patients re- ommended further research to determine if part of the molecule . . . although some pa- ceived between two and six times the LD50 harm would results following its subcuta- tients who are allergic to Merthiolate also for rats (LD50 60 mg/kg).’’ neous or intravenous injection in skin sen- react to other mercurials.’’ 5. In 1982, the FDA published an Advance sitive individuals. The article also notes that ‘‘The intradermal injection of Merthiolate Notice of Proposed Rulemaking to ban the most of the references to reactions to thi- from numerous intradermal tests in my use of thimerosal in OTC products.

VerDate 0ct 31 2002 03:58 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00058 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.046 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9095 This FDA generated documents that lists bular changes, necrosis of the epithelium In an ocular study with rabbits, tincture the high level of toxicity of thimerosal in (membranous tissue composed of one or more merthiolate (thimerosal, alcohol, and ace- their proposed rule for OTCs. The announce- layers of cells separated by very little inter- tone) was found to be an eye irritant, dam- ment noted delayed hypersensitivity in 10 of cellular substance and forming the covering aging both the iris and the conjunctivia. The 20 guinea pigs (50 percent) tested indicating of most internal and external surfaces of the study was consistent with other studies on that thimerosal is highly allergenic and that body and its organs), inclusion of masses of alcohol ocular irritation. In another study of it is reasonable to expect humans to be debris in the lumen (the inner open space or mercuialentis, an ocular study of rats and equally allergenic. cavity of a tubular organ, as of a blood vessel guinea pigs (30 days) found no corneal tox- The report also notes a Swedish study or an intestine) and congested and hemor- icity. However, they found measurable levels found in healthy subjects the following had rhagic regions throughout the cortex (the of mercury in both eyes (test was in one eye) hypersensitivity to thimerosal: outer layer of an internal organ or body and in peripheral blood of rats. 10 percent of school children, structure, as of the kidney or adrenal gland/ In a subacute toxicity study in dogs given 16 percent of military recruits, the outer layer of gray matter that covers thimerosal intravenously. None of the dogs 18 percent of twins, and the surface of the cerebral hemisphere). died from the 2 mg/kg of thimerosal. 26 percent of medical students. In a rabbit study, 25 mg/kg was usually tol- The FDA concludes that while it has been erated dose. Pre-death signs of toxicity in- WRITTEN TESTIMONY BEFORE THE HOUSE COM- suggested that hypersensitivity may be due cluded prostration (total exhaustion or MITTEE ON GOVERNMENT REFORM—APRIL 18, to the TSA portion of the molecule and not weakness; collapse) and diarrhea. Death oc- 2002 the mercury, that this was not confirmed. curred 1–6 days post-treatment and cause of My name is Lee Grossman and I am Presi- They succeeded in their move to ban OTC death was attributable to mercurial poi- dent of the Autism Society of America, products with thimerosal. soning, including kidney and intestinal le- Chair of the Autism Society of America Notable quotes from paper: sions. Foundation, a member of the federal govern- ‘‘At the cellular level, thimerosal has been Another rabbit study tested 20 or 60 mg/kg ment’s Interagency Autism Coordinating found to be more toxic for human epithelial intravenous dose of thimerosal. Onset of side Committee, a resident of Honolulu Hawaii, a cells in vitro than mercuric chloride, mer- effects and death occurred at both doses and small business owner for over 20 years in the curic nitrate, and merbromim varied with dose and rate of injection. Side medical industry and, most importantly, a (mercurichrom).’’ effects noted were drowsiness, ataxia (loss of father of a child with autism. Vance. Mr. ‘‘It was found to be 35.3 times more toxic the ability to coordinate muscular move- Chairman, I would like to thank you and for embryonic chick heart tissue than for ment), weight loss, and oliguria (production your colleagues on the Committee on Gov- staphylococcus aureus.’’ (1950 study showed of an abnormally small amount of urine). ernment Reform for this opportunity to that thimerosal was no better than water in Animals receiving a dose of 60 mg/kg showed present testimony on the issue of autism, protecting mice from potential fatal strepto- a progressive fall in serum potassium and an the fastest-growing disability in our country coccal infection.) elevation in urinary potassium excretion. today. As president of the Autism Society of ‘‘The Panel concludes that thimerosal is Histopathology included kidney tubular ne- America, I can tell you that hearings such as not safe for OTC topical use because of its crosis but no glomerular (glomeruli: a tuft of this offer hope to the hundreds of thousands potential for cell damage if applied to bro- capillaries situated within a Bowman’s cap- of individuals and families affected by au- ken skin and its allergy potential. It is not sule at the end of a renal tubule in the tism. effective as a topical antimicrobial because vertebrate kidney that filters waste products The Autism Society of America (ASA) is its bacteriostatic action can be reversed.’’ from the blood and thus initiates urine for- the nation’s largest autism organization 6. Occupational Safety Materials give the mation) lesions. with over 200 chapters throughout the U.S. following warnings: In a series of studies that tested the oral representing professionals, individuals with Primary Physical and Reproduction Ef- delivery of thimerosal in rats, the lethal autism, and their families. fects: Nervous System and Reproduction Ef- dose of thimerosal was estimated to be I am here today to share some important fect. greater than 50 mg/kg but less than 100 mg/ information about autism with you and to Effects of exposure include fetal changes. kg. Side effects preceding death included tell you why it is imperative that we do ev- Exposure in children may cause mile to se- ptosis (Abnormal lowering or drooping of an erything possible to expand programs and re- vere retardation. organ or a part, especially a drooping of the search into this puzzling and debilitating Hypersensitivity to mercury is a medical upper eyelid caused by muscle weakness or disability. You may be surprised to learn condition aggravated by exposure. paralysis), chromorhinorrhea (miscolored that it has been 60 years since autism was CERCA Hazardous substance—toxic waste nasal discharge), poor grooming, and weak- first identified, and yet we still don’t know disposal. ness. what causes it, we don’t know how to effec- The MSDS statement states that the pri- These studies which originally lasted 7 tively treat it, and we don’t know why it is mary physical and health hazards include days were extended 14 days and showed that on the rise, although several theories exist that it is toxic, a mutagen, an allergen, and there is a delayed toxicity in thimerosal. regarding the dramatic increases that we are can have nervous system and reproductive This is also shown in other studies pre- seeing across the United States. effects. viously discussed. This raises a large number Just ten (10) years ago, autism was Early signs of mercury poisoning in adults of questions about the lack of safety studies thought to be a rare disorder affecting 1 in include: narrowing of the visual field and in this area. Toxicity death prior to 3 days in 10,000 individuals. Five years ago, research- numbness in the extremities. one study only occurred at the 125 mg/kg ers, including those at the National Insti- Exposure to mercury in utter may cause level. The 50 percent death rate after 7 days tutes of Health (NIH), Centers for Disease mild to severe mental retardation and mild was calculated at 88.8 ± 5.7 mg/kg but addi- Control and Prevention (CDC), and the De- to severe motor coordinating impairment. tional deaths occurred during the second partment of Education, estimated that 1 in In the toxicological section it was noted week resulting in a 14 day 50 percent death 500 individuals had autism. Today, research- that in rats, an intravenous dose of greater rate of 72.7 ± 5.4 mg/kg. ers believe this number may be closer to 3 in than 45 mg/kg was needed for mortality. An intraperitoneal (inside the area that 500 (CDC, 2001). This means that as many as 7. A 1973 paper on the toxicology of thimer- holds the abdominal organs) study on guinea 1,500,000 individuals in this country alone osal notes, ‘‘as with other chemicals of its pigs tested injections of varying thimerosal may have autism today. generation, information relating to safety solutions strengths. No abnormal responses And, again, this number is on the rise and and efficacy of thimerosal in animal models were seen at the 0.0125 percent or 0.025 per- not solely due to better diagnosis and identi- is sparse.’’ cent. Those treated with 0.05 percent or 0.1 fication. Based on reports from the U.S. De- The article reviews the existing animal percent evidenced irritation and pain, and partment of Education and state agencies, studies: autopsy revealed congestion (excessive fluid) the ASA estimates that autism is increasing In mice, all injections of 150 mg of thimer- and hemorrhage in the peritoneum. at the alarming rate of 10 to 17 percent each osal per kg of body weight were lethal within Intracutaneous studies in rabbits found year, faster than any other disability or dis- 1 hour. that some of the animals became irritated ease. At these rates, in the next decade, au- A 1937 study performed by Lilly gave 20 and other did not. In a guinea pig study tism could surpass mental retardation as the mice 30 or 50 mc/kg of a 1 percent solution of found similar response and showed that the most common developmental disability fac- thimerosal. The lethal dose of 50 percent of level of response was dose related. ing this country. the mice was found to be 40.9 ± 1.2 mg/kg. As an extension of the intracutaneous If we don’t act now, there is no doubt that A 1945 study was done in mice. Doses rang- study, a subcutaneous test was done on 3 autism will have devastating effects on our ing from 40–62 mc/kg of thimerosal was given rabbits. After 24 hours, no irritation was national health and education systems. intravenously. Most deaths occurred 3 days noted on the skin. The animals were sac- Today, the total cost of autism is $20 billion later, however a few mice died as late as 9 rificed and examined. A few of the injection to $60 billion annually (based on current fig- days later. The lethal dose of 50 percent was sites had caused small sites of hyperemia. ures of 500,000 to 1,500,000 individuals with calculated at 55 ± mg/kg. The cause of this was unclear (thimerosal or autism at an annualized per-person cost of In a rat study, 45 mc/kg was the tolerated needle puncture of small vessels). $40,000). By 2010, this cost associated with au- intravenous dose. Autopsy revealed definite A dermal study of rabbits found no dermal tism could more than double or quadruple to kidney lesions, consisting principally of tu- irritation. $55 billion to $300 billion per year.

VerDate 0ct 31 2002 03:58 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00059 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.048 H22PT1 H9096 CONGRESSIONAL RECORD — HOUSE November 22, 2002 The only way to prevent this economic is needed in the case of autism because we intervention needs of secondary school aged fallout from becoming a reality is to invest are building from a zero base. children with autism. This is a case where more money in research to solve the puzzle ASA also recommends that there is a need the outreach of ASA has confirmed that of autism, to expand educational and voca- to increase the number of scientists involved there is something already in existence that tional opportunities, and to create support with research and treatment grants. We re- can work today to benefit those with autism. services that are currently lacking or non- quest that NIH develop programs that en- This means money need not be spent on cre- existent for those already affected by au- courage researchers to enter into fields asso- ating something new, but funds should be tism. ciated with autism research and to stimulate provided to get out the messages in this doc- Research and programs are needed now if new research protocols. ument and get what it advocates, which will we are to thwart the growth rate and to pre- The CDC surveillance programs need to be be supported by the ASA, into practice. vent more families from receiving the dev- implemented and then expanded imme- ASA further recommends that Congress astating news that their son or daughter has diately so that more exact figures on the immediately reauthorize the Individuals autism. We commend you and your com- prevalence and population of those with au- with Disabilities Education Act (IDEA) and mittee for your recognition of the growing tism are established. In our discussions with fulfills the long overdue commitment to the problem of autism with strides you have CDC, we recognize that data from a substan- full funding of IDEA so our children and made in the last two to three years to raise tial number of state or other geographic loved ones will be able to obtain a free and awareness about autism and to support and areas will be needed to better identify those appropriate education. put into motion several research initiatives who have autism and what scope of services SUPPORT AND SERVICES FOR ADULTS WITH and funding, including the research pro- will be needed. We, therefore, recommend AUTISM grams established as a result of the Chil- that the CDC budget in the area be increased The current availability of service, sup- dren’s Health Act of 2000. This is the type of to $8 million to expand the number of report, employment and residential options informed action of which I speak. gional centers and state surveillance pro- available to adults with autism can only be In fiscal year 2002, NIH will be spending $66 grams from nine states to twenty states. described as almost non-existent. For too million on autism activities. The CDC, These twenty states should represent a sta- long the service supports for these people has through its Center for Birth Defects and De- tistically sufficient database to allow CDC to dramatically dropped once the person passes velopmental Disabilities, will be allocating better identify those who have autism, and through the secondary education system. A $9,230,000 for its surveillance programs. then start looking for root causes and comprehensive program must be developed These funding levels represent a dramatic in- trends. and implemented to address the tremendous crease in research towards this disorder. We As we must find the causes and best treat- needs of this growing and immense popu- applaud the work of those federal agencies ments for those with autism, there is also a lation. which the ASA has enjoyed a closed relation- need to fund areas which could identify pos- ASA has developed a white paper on this ship with. sible causes of autism created by our society. subject and has posted it on our Web site to Unfortunately, these gains pall compared A substantial number of families within our help develop interest in having it imple- to the huge economic and social problem of autism community believe some forms of au- mented. ASA has joined with a coalition of autism today and in the near future. Our na- tism may be caused by some use of vaccines. adult service providers, and is assessing the tion is in the grasp of an autism national While we do not know this to be specifically needs of adults with autism to formulate ini- emergency health crisis; a crisis that de- proved at this time, we should not ignore the tiatives and legislation to address this prob- mands a significantly more aggressive re- body of evidence which calls into question lem. We ask the Committee to join us in sup- sponse from the federal government to the source of many children with autism. If porting the development of legislation and counter the growing costs and fractured lives causation is found, those injured must be funding that will be necessary to deal with caused by autism. If we are going to make provided recourse and compensation. This is this current and ever-growing dilemma. further progress in our understanding of this why ASA supports and asked for early adop- CONCLUSION disability and begin making strides in treat- tion of the Congress of the Burton-Waxman In closing Mr. Chairman, I would be amiss ing it, we must geometrically increase the Bill (H.R. 3741) which improves the National if I did not address the relevance and signifi- research commitment from all areas of the Vaccine Injury Compensation Program by cance of this hearing. It is the first time, federal government to approach the geo- extending the statute of limitations for indi- that I am aware, that the United States gov- metric growth of autism. viduals to file claims and provides a two (2) ernment has acknowledged the Autism Epi- The ASA is the voice of the autism com- year ‘‘Lookback provision’’ for the families demic and attendant national health crisis. munity, and that community seeks increased that are presently prevented from filing And with your acknowledgment, ASA stands funding for: (1) research and prevalence stud- under the program through no fault of their firm and ardent in requesting that this na- ies, (2) physician and caregiver awareness own. tion take real and measurable actions today programs, and (3) early intervention pro- EARLY DIAGNOSIS AND EARLY INTERVENTION to stop this national economic, social and grams. The ASA also calls for legislative ac- FOR CHILDREN WITH AUTISM health emergency. tion with regard to the recommendations of ASA strongly supports the general con- I have described in my testimony what the National Research Council’s report sensus that the most effective means for a needs to be done now in terms of money and ‘‘Educating Children with Autism’’ and the successful result in the life of an individual autism. However, there is something just as need for support services for adults with au- with autism is through early diagnosis and important to be added—that is hope. The autism. Please note that as long as the cause early, intense, and appropriate intervention. tism community has endured 60 years of and cure for autism elude us, more and more Successful early diagnosis and intervention unfulfilled hope. persons with autism will become adults with is a proven way to reduce the huge social and Congressman Burton, I know you have autism. The appropriate care levels for economic burden of autism. waited with hope for five years, and I have adults is and will be greater than costs re- Therefore, we recommend that a national waited and hoped for 14 years. If we will take lated to children. awareness campaign be established through the actions I have offered to you today, all AUTISM RESEARCH the U.S. Department of Health and Human our hopes can be translated into fulfillment. Please let us help each other give meaning- Current funding levels in biomedical re- Services (DHHS), national physician organi- ful hope to the millions of people affected by search at NIH are terribly low in relation to zations, and community health centers to autism. Let’s take action! the disorder’s population and economic im- provide education and identification pro- pact. We are recommending that the federal grams to pediatricians, child care providers AUTISM: A NOVEL FORM OF MERCURY government increase the funding available and to the population at large. ASA has ex- POISONING for research over the next three years to a pressed its willingness to act in concert with (By S. Bernard, A. Enayati, L. Redwood, H. level of $500 million per year devoted to basic DHHS to make this happen by drawing upon Roger, T. Binstock) science, environmental science, tissue and its unique membership and chapter bases Summary. Autism is a syndrome charac- genetic collection, and all aspects of bio- with the entire autism community. terized by impairments in social relatedness medical research related to autism. When ASA also seeks increased fund for states and communications, repetitive behaviors, compared to the annual growing rate of au- through their Early Head Start (0–3) pro- abnormal movements, and sensory dysfunc- tism in our nation, this is substantially grams administered by the Administration tion. Recent epidemiological studies suggest below funding to keep pace with the pro- for Children and Families to provide the in- that autism may affect 1 in 150 U.S. children. jected growth of autism. tensive interventions that are necessary to Exposure to mercury can cause immune, sen- In the area of applied research, we must provide effective treatments to these chil- sory, neurological, motor, and behavioral find new and innovate ways to develop and dren with autism. dysfunctions similar to traits defining or as- implement therapeutic and clinical interven- EDUCATION FOR CHILDREN WITH AUTISM sociated with autism, and the similarities tions and effective treatments. There have ASA recommends to the Committee that it extend to neuronatomy, neurotransmitters, been to date virtually no activity and sup- support and develop legislation to imple- and biochemistry. Thimerosal, a preserva- port from federal agencies in these vital ment the recommendations and plan detailed tive added to many vaccines, has become a areas. We recommend applied research fund- in the National Research Council’s report major source of mercury in children who, ing be increased over the next five years to ‘‘Educating Children with Autism.’’ The re- within their first two years, may have re- a level of $100,000,000 per year. This increase port precisely addresses the educational and ceived a quantity of mercury that exceeds

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00060 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.040 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9097 safety guidelines. A review of medical lit- phrenia, depression, obsessive-compulsive is nearly universal (2,48), and deficits in lan- erature and U.S. government data suggests disorder (OCD), anxiety disorder, and other guage comprehension are often present (3). that (i) many cases of idiopathic autism are neuroses. Related behaviors commonly found Pain sensitivity or insensitivity is common, induced by early mercury exposure from in ASD individuals are irrational fears, poor as is a general aversion to touch; abnormal timerosal; (ii) this type of autism represents eye contact, aggressive behaviors, temper sensation in the extremities and mouth may an unrecognized mercurial syndrome; and tantrums, irritability, and inexplicable also be present and has been detected even in (iii) genetic and non-genetic factors estab- changes in mood (1,2,12–17). Mercury poi- toddlers under 12 months old (2,49). There lish a predisposition whereby thimerosal’s soning, when undetected, is often initially may be a variety of visual disturbances, in- adverse effects occur only in some children. diagnosed as a psychiatric disorder (18). cluding sensitivity to light (2,50,51,52). As in INTRODUCTION Commonly occurring symptoms include (a) autism, sensory issues are reported in vir- Autistic Spectrum Disorder (ASD) is a ‘‘extreme shyness,’’ indifference to others, tually all instances of Hg toxicity (40). HgP neurodevelopmental syndrome with onset active avoidance of others, or ‘‘a desire to be can lead to mild to profound hearing loss prior to age 36 months. Diagnostic criteria alone’’; (b) depression, ‘‘lack of interest’’ and (40); speech discrimination is especially im- consist of impairments in sociality and com- ‘‘mental confusion;’’ (c) irritability, aggres- paired (9,34). Iraqi babies exposed prenatally munication plus repetitive and sterotypic sion, and tantrums in children and adults; showed exaggerated reaction to noise (23), behaviors (1). Traits strongly associated with (d) anxiety and fearfulness; and (e) emo- while in acrodynia, patients reported noise tional lability. Neuroses, including schizoid autism include movement disorders and sen- sensitivity (45). Abnormal sensation in the and obsessive-compulsive traits, problems in sory dysfunctions (2). Although autism may extremities and mouth is the most common inhibition of preservation, and stereotyped be apparent soon after birth, most autistic sensory disturbance (25,28). Acrodynia suf- behaviors, have been reported in a number of children experience at least several months, ferers and prenatally exposed Iraqi babies ex- cases; and lack of eye contact was observed even a year or more of normal development— hibited excess pain when bumping limbs and in one 12 year old girl with mercury vapor followed by regression, defined as loss of an aversion to touch (23,24,45,53). A range of poisoning (18–35). visual problems has been reported, including function or failure to progress (2,3,4). The third diagnostic criterion for ASD is The neurotoxicity of mercury (Hg) has photophobia (18,23,24). impairment in communication (1). Histori- long been recognized (5). Primary data derive Comparison of biological abnormalities cally, about half of those with classic autism from victims of containment fish (Japan— failed to develop meaningful speech (2), and The biological abnormalities commonly Minamata Disease) or grain (Iraq, Guate- articulation difficulties are common (3). found in autism are listed in Table II, along mala, Russia); from acrodynia (Pink Disease) Higher functioning individuals may have with the corresponding pathologies arising induced by Hg in teething powders; and from language fluency but still show semantic and from mercury exposure. Especially note- individual instances of mercury poisoning pragmatic errors (3,36). In many cases of worthy similarities are described. (HgP), many occurring in occupational set- ASD, verbal IQ is lower than performance IQ Autism is a neurodevelopmental disorder tings (e.g., Mad Hatter’s Disease). Animal (3). Similarly, mercury-exposed children and which has been characterized as ‘‘a disorder and in vitro studies also provide insights adults show a marked difficulty with speech of neuronal organization, that is, the devel- into the mechanisms of Hg toxicity. More re- (9,19,37). In milder cases scores on language opment of the dentritic tree, synaptogenesis, cently, the Food and Drug Administration tests may be lower than those of unexposed and the development of the complex (FDA) and the American Academy of Pediat- controls (31,38). Iraqi children who were connectivity within and between brain re- rics (AAP) have determined that the typical postnatally poisoned developed articulation gions’’ (54). Depressed expression of neural amount of Hg injected into infants and tod- problems, from slow, slurred word produc- cell adhesion molecules (NCAMs), which are dlers via childhood immunizations has ex- tion to an inability to generate meaningful critical during brain development for proper ceeded government safety guidelines on an speech; while Iraqi babies exposed prenatally synaptic structuring, has been found in one individual (6) and cumulative vaccine basis either failed to develop language or pre- study of autism (55). Organic mercury, which (7). The mercury in vaccines derives from sented with severe language deficits in child- readily crosses the blood-brain barrier, pref- thimerosal (TMS), a preservative which is hood (23,24,39). Workers with Mad Hatter’s erentially targets nerve cells and nerve fi- 49.6% ethylmercury (eHg) (7). disease had word retrieval and articulation bers (56); primates accumulate the highest Past cases of HgP have presented with difficulties (21). Hg-levels in the brain relative to other or- much inter-individual variation, depending Nearly all cases of ASD and HgP involve gans (40). Furthermore, although most cells on the dose, type of mercury, method of ad- disorders of physical movement (2,30,40). respond to mercurial injury by modulating ministration, duration of exposure, and indi- Clumsiness or lack of coordination has been levels of glutathione (GSH), metallothionein, vidual sensitivity. Thus, while commonal- described in many higher functioning ASD hemoxygenase, and other stress proteins, ities exist across the various instances of individuals (41). Infants and toddlers later di- neurons tend to be ‘‘markedly deficient in HgP, each set of variables has given rise to agnosed with autism may fail to crawl prop- these responses’’ and thus are less able to re- a different disease manifestation (8,9,10,11). erly or may fall over while sitting or stand- move Hg and more prone to Hg-induced in- It is hypothesized that the regressive form of ing; and the movement disturbances typi- jury (56). In the developing brain, mercury autism represents another form of mercury cally occur on the right side of the body (42). interferes with neuronal migration, de- poisoning, based on a thorough correspond- Problems with intentional movement and presses cell division, disrupts microtubule ence between autistic and HgP traits and imitation are common in ASD, as are a vari- function, and reduces NCAMs (28,57–59). physiological abnormalities, as well as on ety of unusual stereotypic behaviors such as While damage has been observed in a num- the known exposure to mercury through vac- toe walking, rocking, abnormal postures, ber of brain areas in autism, many nuclei cines. Furthermore, other phenomena are choreiform movements, spinning, and hand and functions are spared (36). HgP’s damage consistent with a casual Hg–ASD relation- flapping (2,3,43,44). Noteworthy because of is similarly selective (40). Numerous studies ship. These include (a) symptom onset short- similarities to autism are reports in Hg lit- link autism with neuronal atypicalities ly after immunization; (b) ASD prevalence erature of (a) children in Iraq and Japan who within the amygdala, hippocampi, basal increases corresponding to vaccination in- were unable to stand, sit, or crawl (34,39); (b) ganglia, the Purkinje and granule cells of creases; (c) similar sex ratios of affected in- Minamata disease patients whose move- the cerebellum, brainstem, basal ganglia, dividuals; (d) a high heritability rate for au- ments disturbances were localized to one and cerebral cortex (36,66–69). Each of these tism paralleling a genetic predisposition to side of the body, and a girl exposed to Hg areas can be affected by HgP (10,34,40,70–73). Hg sensitivity at low doses; and (e) parental vapor who tended to fall to the right (18,34); Migration of Hg, including eHg, into the reports of autistic children with elevated Hg. (c) flapping motions in an infant poisoned amygdala is particularly noteworthy, be- TRAIT COMPARISON from contaminated pork (37) and in a man cause in primates this brain region has neu- ASD manifests a constellation of symp- injected with thimerosal (27); (d) choreiform rons specific for eye contact (74) and it is im- toms with much inter-individual variation movements in mercury vapor intoxication plicated in autism and in social behaviors (3,4). A comparison of traits defining, nearly (19); (e) toe walking in a moderately (65,66,75). universal to, or commonly found in autism poisoned Minamata child (34); (f) poor coordi- Autistic brains show neurotransmitter with those known to arise from mercury poi- nation and clumsiness among victims of irregularities which are virtually identical soning is given in Table I. The characteris- acrodynia (45); (g) rocking among infants to those arising from Hg exposure: both high tics defining or strongly associated with au- with acrodynia (11); and (h) unusual postures or low serotonin and dopamine, depending on tism are also more fully described. observed in both acrodynia and mercury the subjects studied; elevated epinephrine Autism has been conceived primarily as a vapor poisoning (11,31). The presence of flap- and norepinephrine in plasma and brain; ele- psychiatric condition; and two of its three ping motions in both diseases is of interest vated glutamate; and acetylcholine defi- diagnostic criteria are based upon the ob- because it is such an unusual behavior that ciency in hippocampus (2,21,76–83). servable traits of (a) impairments is soci- it has been recommended as a diagnostic Gillberg and Coleman (2) estimate that 35– ality, most commonly social withdrawal or marker for autism (46). 45% of autistics eventually develop epilepsy. aloofness, and (b) a variety of perseverative Virtually all ASD subjects show a variety A recent MEG study reported epileptiform or stereotypic behaviors and the need for of sensory abnormalities (2). Auditory defi- activity in 82% of 50 regressive autistic chil- sameness, which strongly resemble obses- cits are present in a minority of individuals dren; in another study, half the autistic chil- sive-compulsive tendencies. Differential di- and can range from mild to profound hearing dren expressed abnormal EEG activity dur- agnosis may include childhood schizo- loss (2,47). Over- or under-reaction to sound ing sleep (84). Autistic EEG abnormalities

VerDate 0ct 31 2002 03:58 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00061 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.043 H22PT1 H9098 CONGRESSIONAL RECORD — HOUSE November 22, 2002 tend to be non-specific and have a variety of pending upon genetic predisposition, Hg can is also more prevalent in families with auto- patterns (85). Unusual epileptiform activity induce immune activation, an expansion of immune disorders (106). has been found in a number of mercury poi- Th2 subsets, and decreased NK activity (117– Additionally, autism is more prevalent soning cases (18,27,34,86–88). Early mHg expo- 120). among boys than girls, with the ratio esti- sure enhances tendencies toward Population characteristics mated at 4:1 (2). Mercury studies in mice and epileptiform activity with a reduced level of In most affected children, autistic symp- humans consistently report greater effects seizure-discharge amplitude (89), a finding toms emerge gradually, although there are on males than females, except for kidney consistent with the subtlety of seizures in cases of sudden onset (3). The earliest abnor- damage (57). At high doses, both sexes are af- many autism spectrum children (84,85). The malities have been detected in 4 month olds fected equally; at low doses only males are fact that Hg increases extracellular glu- and consist of subtle movement disturb- affected (38,40,127). tamate would also contribute to epileptiform ances; subtle motor-sensory disturbances activity (90). DISCUSSION have been observed in 9 month olds (49). Some autistic children show a low capacity We have shown that every major char- More overt speech and hearing difficulties to oxidize sulfur compounds and low levels of acteristic of autism has been exhibited in at become noticeable to parents and pediatri- sulfate (91,92). These findings may be linked least several cases of documented mercury cians between 12 and 18 months (2). TMS vac- with HgP because (a) Hg preferentially binds poisoning. Recently, the FDA and AAP have cines have been given in repeated intervals to sulfhydryl molecules (-SH) such as cys- revealed that the amount of mercury given starting from infancy and continuing until teine and GSH, thereby impairing various to infants from vaccinations has exceeded 12 to 18 months. While HgP symptoms may cellular functions (40), and (b) mercury can safety levels. The timing of mercury admin- arise suddenly in especially sensitive indi- irreversibly block the sulfate transporter istration via vaccines coincides with the viduals (11), usually there is a preclinical NaSi cotransporter NaSi-1, present in kid- onset of autistic symptoms. Parental reports ‘‘silent stage’’ in which subtle neurological neys and intestines, thus reducing sulfate of autistic children with measurable mer- changes are occurring (121) and then a grad- absorption (93). Besides low sulfate, many cury levels in hair and urine indicate a his- ual emergence of symptoms. The first symp- autistics have low GSH levels, abnormal tory of mercury exposure. Thus the standard toms are typically sensory- and motor-re- GSH-peroxidase activity within primary criteria for a diagnosis of mercury lated, which are followed by speech and hear- erythrocytes, and decreased hepatic ability poisoning—observable symptoms, known ex- ing deficits, and finally the full array of HgP to detoxify xenobiotics (91,94,95). GSH par- posure at the time of symptom onset, and de- characteristics (40). Thus, both the timing ticipates in cellular detoxification of heavy tectable levels in biologic samples (11,31)— and nature of symptom emergence in ASD metals (96); hepatic GSH is a primary sub- have been met in autism. As such, mercury are fully consistent with a vaccinal Hg eti- strate for organic-Hg clearance from the toxicity may be a significant etiological fac- ology. This parallel is reinforced by parental human (40); and intraneuronal GSH partici- tor in at least some cases of regressive au- reports of excessive amounts of mercury in pates in various protective responses against tism. Further, each known form of HgP in urine or hair from younger autistic children, Hg in the CNS (56). By preferentially binding the past has resulted in a unique variation of as well as some improvement in symptoms with GSH, preventing absorption of sulfate, mercurialism—e.g., Minamata disease, acro- with standard chelation therapy (122). or inhibiting the enzymes of glutathione me- dynia, Mad Hatter’s disease—none of which The discovery and rise in prevalence of tabolism (97), Hg might diminish GSH bio- has been autism, suggesting that the Hg ASD mirrors the introduction and spread of availability. Low GSH can also derive from source which may be involved in ASD has TMS in vaccines. Autism was first described chronic infection (98,99), which would be not yet been characterized; given that most in 1943 among children born in the 1930s (123). more likely in the presence of immune im- infants receive eHg via vaccines, and given Thimerosal was first introduced into vac- pairments arising from mercury (100). Fur- that the effect on infants of eHg in vaccines cines in the 1930s (7). In studies conducted thermore, mercury disrupts purine and py- has never been studied (129), vaccinal thimer- prior to 1970, autism prevalence was esti- rimidine metabolism (97,10). Altered purine osal should be considered a probable source. mated, at 1 in 2000; in studies from 1970 to or pyrimidine metabolism can induce autis- It is also possible that vaccinal eHg may be 1990 it averaged 1 in 1000 (124). This was a pe- tic features and classical autism (2,101,102), additive to a prenatal mercury load derived riod of increased vaccination rates of the suggesting another mechanism by which Hg from maternal amalgams, immune globulin TMS-containing DPT vaccines among chil- can contribute to autistic traits. injections, or fish consumption, and environ- dren in the developed world. In the early Autistics are more likely to have allergies, mental sources. asthma, selective IgA deficiency (sIgAd), en- 1990s, the prevalence of autism was found to hanced expression of HLA–DR antigen, and be 1 in 500 (125), and in 2000 the CDC found 1 CONCLUSION an absence of interleukin-2 receptors, as well in 150 children affected in one community, The history of acrodynia illustrates that a as familial autoimmunity and a variety of which was consistent with reports from severe disorder, afflicting a small but signifi- autoimmune phenomena. These include ele- other areas in the country (126). In the late cant percentage of children, can arise from a vated serum IgG and ANA titers, IgM and 1980s and early 1990s, two new TMS vaccines, seemingly benign application of low doses of IgG brain antibodies, and myelin basic pro- the HIB and Hepatitis B, were added to the mercury. This review establishes the likeli- tein (MBP) antibodies (103–110). Similarly, recommended schedule (7). hood that Hg may likewise be etiologically atypical responses to Hg have been ascribed Nearly all US children are immunized, yet significant in ASD, with the Hg derived from to allergic or autoimmune reactions (8), and only a small proportion develop autism. A thimerosal in vaccines rather than teething genetic predisposition to such reactions may pertinent characteristic of mercury is the powders. Due to the extensive parallels be- explain why Hg sensitivity varies so widely great variability in its effects by individual, tween autism and HgP, the likelihood of a by individual (88,111). Children who devel- so that at the same exposure level, some will causal relationship is great. Given this possi- oped acrodynia were more likely to have be affected severely while others will be bility, TMS should be removed from all asthma and other allergies (11); IgG brain asymptomatic (9,11,28). An example is acro- childhood vaccines, and the mechanisms of autoantibodies, MBP, and ANA have been dynia, which arose in the early 20th Century Hg toxicity in autism should be thoroughly found in HgP subjects (18,111,112); and mice from mercury in teething powders and af- investigated. With perhaps 1 in 150 children genetically prone to develop autoimmune flicted only 1 in 500-1000 children given the now diagnosed with ASD, development of diseases ‘‘are highly susceptible to mercury- same low dose (28). Studies in mice as well as HgP-related treatments, such as chelation, induced immunopathological alterations’’ humans indicated that susceptibility to Hg would prove beneficial for this large and even at the lowest doses (113). Additionally, effects arises from genetic status, in some seemingly growing population. many autistics have reduced natural killer cases including a propensity to autoimmune cell (NK) function, as well as immune-cell disorders (113,34,40). ASD exhibits a strong TABLE I: SUMMARY COMPARISON OF TRAITS OF subsets shifted in a Th2 direction and in- genetic component, with high concordance in AUTISM & MERCURY POISONING creased urine neopterin levels, indicating monozygotic twins and a higher than ex- (ASD references in bold; HgP references in immune system activation (103,114–116). De- pected incidence among siblings (4); autism italics)

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VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00072 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.050 H22PT1 Insert offset folio 96/32 here EH22NO02.010 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9109 Mr. Speaker, I withdraw my reserva- All Members have to do is look at the ple will be cut out of unemployment tion of objection. comments of the Secretary of Energy benefits on December 28, a belated The SPEAKER pro tempore (Mr. and his plea to OMB to provide addi- Christmas present from a very com- THORNBERRY). Is there objection to the tional resources to deal with radio- fortable and neglected Congress, and original request of the gentleman from active material. I think there are plen- yet every week after that, an addi- Texas? ty of solid reasons to question the lack tional 95,000 people will lose State un- Mr. OBEY. Mr. Speaker, reserving of content in this homeland security employment pension benefits. And that the right to object, I know concern has reorganization package. will happen because of a disagreement been expressed that if a Member ob- This is not a homeland security bill. within the Republican Party about how jects to this motion today that some- This is a homeland security agency re- to handle the unemployment com- how that will endanger the homeland organization, but it will not be made pensation proposal. As I understand it, security bill. I do not believe that to be effective policy until dollars are put the Senate proposed a bill in the form the case at all, because nothing is more into these agencies to meet the chal- of their amendment to H.R. 3529 which pitiful than a flock of politicians in lenges that we have been told by the would extend temporary Federal bene- full flight, and the fact is that politi- people who run these agencies must be fits to March 29, a 3-month bridge. The cians are scared green to vote against met if they are to do their jobs. I House Republican leadership, I under- this legislation, despite the fact that it think, therefore, that it would not be a stand, has been insisting that they will is masquerading as something that it bad thing if we had more time to deal stick to the House-passed bill, which most surely is not. with this issue to actually put the re- provides relief for only three States, I thank the gentleman from Texas, sources in that are needed. Washington, Oregon and Alaska, for a because the gentleman has played a But, even getting beyond that, I want very short period of time. constructive role in improving the bill to suggest that there are several other The Senate, in an effort to com- considerably than the one originally reasons why the public interest is not promise, I am told, had agreed to cut brought down from the White House, served by passage of this bill. The gen- back the extension in their proposal to but I question the assumption that if tleman from Indiana (Mr. BURTON) just 2 months, and when the House GOP an objection is lodged today that some- cited one of them. leadership objected, according to the how this bill will not pass. Because, in I find it ironic as I listened to him reports that I have seen in the paper, my judgment, any bill labeled home- this morning that the first issue that I then the Senate leadership agreed to land security is going to pass, regard- became involved in when I came to the cut back their proposal to a 1-month less of what is in it because politicians Congress a long time ago was the issue extension, and still we are told that are afraid to look at the details, and of mercury poisoning. I remember the House Republican chairman of the they are afraid to go to the public with Wright Patman from Texas also being committee of jurisdiction objected the details. concerned about the issue at that time. even to that compromise proposal. So But, in fact, if we take a look at this I do not know what the facts are with the Congress is here insisting on play- legislation, and I want to state explic- respect to the mercury issue that the ing Scrooge at Christmas time when we itly I am opposed to this legislation as gentleman from Indiana raised this ought to be showing a little mercy. it now stands. The major reason I am morning, but I do know that provision I do not understand that kind of opposed to it is because of what it does insulating the drug companies on that logic. I do not understand that kind of to our ability to defend the homeland. issue has no blessed business being in priorities. If you take a look at the bill Now we certainly do need a reorganiza- this bill. to which we are asked to provide unan- tion, but the fact is that we did not re- Mr. Speaker, I suppose in a way this imous consent this morning, not only organize the Pentagon during World bill is a fitting end to this Congress. It does it contain the special favor to the War II, we waited until the war was is a shameful end to a pitiful and ne- drug industry that does not belong in over because we recognized that there glectful Congress, so I suppose it is a the bill, it also relaxes a ban on the would be incredible turmoil associated fitting emblem to summarize the work issuance of homeland security con- with trying to reorganize the military of this institution over the past 2 tracts to companies that establish for- during a war. years. eign tax havens in order to avoid U.S. Well, we are in a war now, and the taxes. That is also outrageous. fact is that, despite the fact that we b 1200 So we have room to allow corpora- are in a war against terrorism, we are But I find it outrageous that the Con- tions to change their mailing address simply going to see thousands of bu- gress is going to find room in its heart to Bermuda so they can avoid pulling reaucrats over the next 2 or 3 or 4 years to help the poor downtrodden drug their fair share of the load for the ex- be focused on where their new offices companies on the issue just mentioned penses incurred by the United States are, where their desks are, who is their by the gentleman from Indiana but will Government in defending those cor- new boss, how they are going to get not find room in their hearts to deal porations and everyone else in this so- along with their boss, and I think it is with the problems of the long-term un- ciety, but we do not have enough room going to create substantial vulner- employed. to take care of the unemployed work- ability during that window of time. I have a very simple question that I ers who are stuck here without jobs at I am not all that panicked about will ask the majority leader at the end home. That is to me an incredible con- when this reorganization passes. What of my comments, and I will let him trast in what this House is willing to I am almost panicked about is the fact know ahead of time what it is going to allow and what it is not. that this reorganization will move the be. My question is, if I withdraw my I frankly do not know what I should boxes without putting the resources objection to consideration of the tech- do at this point, because I am told that necessary into homeland security to nical amendments to this bill, would if I refuse to withdraw my objection, actually see to it that these agencies the majority party leadership allow a that all that will happen is that the can do their jobs. motion to allow H.R. 3529 to come be- House will come back and they will Example, we are still substantially fore this body, which is Senator pass this bill and the House Republican underfunding the FBI’s computer sys- NICKLES’ proposal on unemployment leadership will still do nothing on the tem. Example, we are not doing nearly compensation? Or would they allow it unemployment compensation front. So what is necessary to protect our ports to come to the floor in the compromise I am not quite sure what the right from the kind of terrorist attacks that form that I am told Senator NICKLES course of action is to take at this could befall us at any moment. Exam- and Senator DASCHLE indicated they point. But at this point, I would ask ple, we are not doing nearly enough to would agree to yesterday in an effort the majority leader whether or not if I deal with the problems that we have on to try to salvage something for the un- withdraw my objection to the motion the Canadian border. And there are employed at the Christmas season? pending, the House Republican leader- many other examples of financial The problem is that without action ship would allow H.R. 3529 to also be shortcomings that we have in our on unemployment compensation to ex- brought up under unanimous consent homeland security effort. tend the Federal program, 830,000 peo- so that we can provide the additional

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00073 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.019 H22PT1 H9110 CONGRESSIONAL RECORD — HOUSE November 22, 2002 unemployment compensation that was Mr. ARMEY. Again, if the gentleman Speaker or the future leaders of this attempted by the other body? will continue to yield, the gentleman, body, but I profoundly believe that the Mr. ARMEY. Mr. Speaker, will the of course, is aware of the fact that the next opportunity that this body will gentleman yield? majority leader does not by himself have to address this issue would be in Mr. OBEY. I yield to the gentleman clear legislation for unanimous con- reconvening the body in its new session from Texas. sent. As we see even by the presence of of Congress after the 3rd or 4th of Jan- Mr. ARMEY. Let me thank the gen- Members here on the floor, every Mem- uary. tleman from Wisconsin for his re- ber is entitled to have their speech. No Mr. LEVIN. If the gentleman will marks, Mr. Speaker, and let me say to such bill is cleared. It is my under- continue to yield so that this is clari- the gentleman that it has been very standing that no such bill would be fied, is it not correct, I ask the gen- difficult business clearing bills for cleared for available discussion at this tleman from Wisconsin, and I say this unanimous consent in this final day. time. respectfully to the gentleman from This is the only business that is Mr. LEVIN. Mr. Speaker, will the Texas, December 28 is a cutoff date, cleared for consideration today. gentleman yield? and people thereafter lose their bene- However, let me say, I too, as the Mr. OBEY. Under my reservation, I fits. Therefore, to say that we will gentleman from Wisconsin most cer- yield to the gentleman from Michigan. come back here several weeks later is tainly did, watched the final day’s pro- Mr. LEVIN. Mr. Speaker, there is a not an answer to the 800,000-plus people ceedings in the other body, saw the re- reference to January 11. That is the who will lose their benefits, is that not ports, the discussions, noted that the date of the continuing resolution. But correct? other body did not indeed pass from its is it not clear that if we do not act Mr. OBEY. Well, of course it is no an- own Chamber the compromise the gen- today, that December 28 will be the swer. tleman speaks of today, but found my- cutoff date for 800,000-plus unemployed Mr. LEVIN. Mr. Speaker, the gen- self reassured that the current exten- workers in terms of their extended ben- tleman from Wisconsin has been here a sion of unemployment benefits under efits? long time, including when we were in which the Nation operates today will Mr. OBEY. Absolutely. As I said, a the majority. What does it mean that a extend benefits to today’s unemployed belated Christmas present to those who bill has not been cleared for passage? It through January 11. I understand from need help the most. is at the desk, is it not? And if a unani- the discussions I have heard among Mr. LEVIN. And is it not also true Senators and leaders of the Senate that mous consent is requested and not ob- that after that, every week there will jected to, the bill becomes law like the there is an intention when the Senate be over 90,000 more people who will be reconvenes in the next Congress to homeland security bill if you do not ob- denied benefits? ject? take up this issue of the need for an ad- Mr. OBEY. That is correct. I guess ditional extension at that time, and Mr. OBEY. Exactly, with one critical the congressional slogan would be, difference. The difference is that the should they do so at that time, it is my ‘‘Have a worried Christmas and an un- understanding that the people who people who are going to be helped by happy New Year.’’ the unemployment compensation ex- would be covered by such an extension Mr. LEVIN. So I would like to ask, if would find their unemployment com- tension if we get our way, they need I might, to the distinguished majority that help immediately. That is an im- pensations uninterrupted. leader through the gentleman from So I would refer the gentleman to mediate crisis for them. Whereas with Wisconsin, is it not correct that the those discussions I have seen in antici- the homeland security bill, this is sim- Senate bill is at the desk and that if pation of the gentleman’s ability to ad- ply a reorganization of boxes that will one of us were allowed to offer a unani- dress this in the opening of the next begin to take place sometime next mous consent motion, that it be taken Congress. year. And, I would point out, they do Mr. OBEY. Continuing under my res- from the desk and you do not object, not even have a building selected yet ervation, Mr. Speaker, is the gen- that it could be passed by the House where the new agency is going to be lo- tleman saying that the Senate did not today? cated. pass its version of the unemployment Mr. ARMEY. If the gentleman from So there is no immediate action that compensation bill? My understanding Wisconsin will continue to yield, let would be prevented by the delay in the is that the Senate version is at the me say to the gentleman from Michi- passage of homeland security, but desk. gan that there are a large number of there most certainly is an immediate Mr. ARMEY. If the gentleman will bills available at the desk, none of consequence of not taking up an exten- continue to yield, and again, let me which have been cleared for consider- sion of unemployment benefits for thank the gentleman, it is my under- ation by unanimous consent today. those almost million souls who need standing that the compromise of which That bill from the other body may be help. he spoke today was not passed out of one of them. But the process by which Mr. LEVIN. So, in a word, I think it the Senate. we clear bills for unanimous consent is is correct to talk about, when we come Mr. OBEY. Taking back my time, but a very long and elaborate process back, is an empty promise for hundreds it is my understanding that the Senate where in effect every Member of this and hundreds of thousands of people, did pass the Nickles proposal, which is body is consulted. It would be, it is, im- unemployed through no fault of their a 3-month extension, and that H.R. possible to clear such a bill as that own. 3529, as amended, is at the desk. with Members traveling abroad. I do Mr. ARMEY. Again, if the gentleman appreciate your sense of urgency, but b 1215 will continue to yield, obviously I can the fact of the matter is I am assured We have had a prayer for Thanks- only tell him what I know from having that when the next Congress convenes, giving, and this is the answer from the watched the Senate in action, listening that those people who are covered by majority here to hundreds of thousands to the debates on the other body’s floor the current extension of unemploy- of Americans, and then Christmas and news accounts from leaders of the ment benefits and who would be cov- comes December 25. Three days later, other body that there were ongoing dis- ered by any additional extension of un- hundreds of thousands of people lose cussions. I, for example, heard Senator employment benefits would be able to their benefits. And again I just want LOTT, the current minority leader, say receive their compensation flow in an the gentleman to state from his experi- that he intended to address that when uninterrupted fashion through this pe- ence here, longer than mine, the bill is the next Congress reconvenes. That is riod of time. at the desk. All it takes is the non- frankly, I am sorry, all that I can re- Again, if I may remind both the gen- objection of the majority and the bill port to the gentleman. tleman from Wisconsin and the gen- that passed unanimously on a bipar- Mr. OBEY. Taking back my time, I tleman from Michigan, I have been tisan basis in the Senate will become am informed that H.R. 3529 is at the aware of the discussions that have gone law, is that not correct? desk, so all we would have to do to on by the leaders of the other body, I Mr. OBEY. Mr. Speaker, as a prac- solve this problem is to take that bill do not know what discussions they tical matter, the only thing that up immediately and pass it. may or may not have had with the stands between providing these needed

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00074 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.020 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9111 unemployment benefits, the only thing tended unemployment benefits for pensation benefits, the bill which is that stands between our doing that is more than 30 weeks. In this recession, now at the desk having been received the refusal to approve bringing the bill however, we have extended them for from the Senate, whether they would up by the House Republican leadership less than 10. That puts individuals at be willing to allow that bill to be re- and the House Republican committee risk. considered yet today? chairman. I understand the concerns of the gen- Mr. ARMEY. Mr. Speaker, I thank Mr. LEVIN. Mr. Speaker, I thank the tleman from Wisconsin about objecting the gentleman from Wisconsin (Mr. gentleman for yielding. to the passage of this legislation be- OBEY) once again for his inquiry. Let Mr. HOYER. Mr. Speaker, will the cause, unfortunately, we have seen in me just say to the gentleman from Wis- gentleman yield? this Congress that reaching bipartisan consin, if I were willing to comply with Mr. OBEY. I yield to the gentleman agreement is very difficult. The Senate his request, I can assure the gentleman from Maryland. has sent us a bill, passed unanimously. it would be of no avail for any action Mr. HOYER. Mr. Speaker, I thank All the Republicans, all the Democrats today or in the foreseeable future. the gentleman for yielding. voted for that piece of legislation. It I am sorry the gentleman from Mary- I rise because I agree with the gen- sits on the desk. land (Mr. HOYER) has left the floor. One tleman from Wisconsin (Mr. OBEY) on The majority leader makes the obser- of the privileges I have had for some both counts. I had a new granddaughter vation that we do not have an agree- time is to go through the very pains- on July 26 of this year. As a result, I ment. We could get that agreement, I taking process of helping Members on was unable to be on the floor to par- suggest to the majority leader respect- both sides of the aisle clear bills for ticipate and debate when we passed the fully. But, furthermore, I point out to unanimous consent. It is, I can say, a homeland security legislation. I voted, the majority leader when this House rigorous process of respect for the fun- however, and voted against it when it adjourns sine die tonight or today, if damental right of each and every Mem- came up for a vote just a few weeks that is the course of action we pursue, ber of this body to raise their objection ago. I voted against it again for exactly that bill will die. It will no longer be and to be informed of the option before the reasons that the gentleman from available to us, and on December 28 the there is any scheduling of the bill. It Wisconsin has articulated. unemployment extension will end. would be virtually impossible for me to I believe, unfortunately, it is a false Eight hundred thousand people will go give that respect to each and every promise. It is a promise that we will af- off the rolls. I do not know exactly how Member of this body, and as the major- fect, by passage of this legislation, se- many families that is. There are per- ity leader who has protected the rights curity for our homeland. In fact, as the haps two people on unemployment in of the Members in these matters on gentleman from Wisconsin has said, one family, but it is certainly hundreds both sides of the aisle with rigor and I what we will do is divert the eyes and of thousands of families that would be might say deep affection for the Mem- attention and focus of those who work put at risk. And as the gentleman from ber and their right, I would be con- in the agencies that are to be reorga- Michigan (Mr. LEVIN) has pointed out, strained to make an objection on be- nized from without, from the threat 90,000 every week will be added to those half of those Members. from the terrorists who would harm rolls. I would hope that the gentleman our people and our land and divert that I think the gentleman from Wis- from Wisconsin would understand, ap- to their internal concerns, again, as consin (Mr. OBEY) is probably correct, preciate the situation and not place me the gentleman from Wisconsin said, as and the leader is probably correct. in that untenable situation. Because, to where their desks will be located, Even if we objected, the majority has quite frankly, the Members’ rights in whether they will have the corner of- indicated it does not intend to act. So this body are a matter of profound con- fice, whether they will be a supervisor, the only consequence would be the fail- cern to all of us; and their rights have all of the issues that will be involved ure of this bill to pass, not the relief to been something that I believe and hope with reorganization. those unemployed workers and their I have attended to with respect and I make the analogy to a family that families. It would not solve their angst thoroughness. is going to move and they are worried as they come towards Christmas nor I thank the gentleman for yielding. about packing up the boxes in their will it solve the problem of those who Mr. OBEY. Mr. Speaker, I thank the house; and their focus, of course, is on will enter the new year without sup- gentleman. I would simply say I re- those boxes and what items go in what port. spect very much the majority leader’s box. They are not looking outside their I thank the gentleman for yielding. I determination protecting the rights of house. So that if a terrorist should would urge, in conclusion, the majority each individual Member of this body, come or somebody should be outside leader to reconsider. We have time. We but I also think those Members have their house, they may miss because of could pass this bill in literally min- obligations. their focus inward. utes. I cannot believe that all of us in I am here today because I have seri- This bill, however, seeks to secure. It this House do not want to secure those ous reservations about proceeding seeks to make our homeland more se- individuals and those families who without dealing with the problems of cure. And there are 435 Members of this through no fault of their own but the the unemployed, and if there are other body who are absolutely, irrevocably, economic downturn that has occurred Members who are opposed to dealing and passionately committed to that ob- in this country have been placed in a with the problems of the unemployed, jective. There is no one in this House position of having no job, no support then they ought to be here to express who is not for ensuring the safety of for themselves, their families. those objections. I continue to be frus- our people and the security of our I would hope that the majority leader trated by the fact that they are not. homeland. However, we are also con- would consult with the Speaker, with Ms. JACKSON-LEE of Texas. Mr. cerned about the security of our fami- the majority whip, with the chairman Speaker, will the gentleman yield lies. We are concerned about the secu- of the Committee on Ways and Means, under his reservation? rity of our workers. We are concerned and say to them, it is the right thing to Mr. OBEY. Mr. Speaker, under my about those 2.1 million people who are do. We ought to pass this legislation. reservation, I yield to the gentlewoman going to be put at risk as a result of Our homeland needs to be secure, but from Texas. the failure to pass the unemployment our families and workers need to be se- Ms. JACKSON-LEE of Texas. Mr. extension. cure as well. Speaker, I thank the distinguished gen- What we are asking the majority Mr. OBEY. Mr. Speaker, continuing tleman from Wisconsin (Mr. OBEY) for party to do is not unusual, as I am sure under my reservation, I would ask the yielding. the majority leader knows. In the majority leader another question. I want to associate myself with the course of the 1982 recession, under Would he be willing to recess the House words spoken earlier on the floor re- President Reagan we extended unem- in order to check once again with the garding the majority leader, and that ployment insurance for over 30 weeks. rest of his leadership to determine is to thank him for his work on home- When we again had a recession in 1991 whether or not they would allow H.R. land security and noting in particular under the first President Bush, we ex- 3529 extending unemployment com- that, in his service on that committee,

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00075 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.023 H22PT1 H9112 CONGRESSIONAL RECORD — HOUSE November 22, 2002 he did reach out to members from all of islation, of which I expect to be among lican leadership of this House, it is per- the committees of jurisdiction and was my colleagues supportive as it moves fectly all right to include in the home- concerned that we did put in place an forward, but opposed as it is presently land security bill a provision that stops entity that could work and provide the structured. I think it is important to lawsuits now pending in State courts security for this Nation. make that statement, because it seems regarding injuries that some people I thought I had said farewell to the that people were fearful of expressing a feel are caused by the preservative gentleman a few days ago, but let me different point of view. I cannot imag- mentioned by the gentleman from Indi- say it again to my friend, and I look ine that we would put legislation for- ana (Mr. BURTON) in his comments. forward to his great service that will ward that would hurt innocent victims, They feel evidently that it is all right come. particularly families, as I heard the to stop those lawsuits currently pend- I come to that floor in that spirit, be- gentleman from Indiana (Mr. BURTON), ing in court and require the families to cause yesterday I had about 50 parents my good friend, speak about the vac- instead start all over by going through and teachers who had a chance to cine question. There was an incident a Federal compensation program. But glimpse the floor of the House, and we that occurred in Austin, Texas where a it is not all right for us to try to deal were not in session, from the Houston family was so severely impacted by a with the problems of the unemployed. Independent School District North tragedy that occurred with a vaccine We must allow an additional 800,000 Central Division, and I said this is a given to their young child. So I think plus people to lose what meager in- place of problem solvers. When we find we are misdirected. I know where we come they have under unemployment, a problem, we work on solving it. are going: let them be free, let them because of the priority warp that we To the majority leader I would sim- put forward vaccines to protect us hear from the other side of the aisle. I ply say, in joining with my colleagues, against bioweapons, but we are doing a just find that amazing. that I am dismayed on two reasons of wrong thing by eliminating the liabil- this legislation. I happen to be an advo- I would also say that I disagree with ity and not protecting Americans cate, and the gentleman knows that we the gentlewoman from Texas in one re- against wrong, if you will, incorrect have all said we stand shoulder to spect: there is a very definite dif- formulas of vaccines that would injure shoulder with the President on fighting ference between the President and the or maim or kill. The same thing for terrorism. There is no line of difference Congress on homeland security, and airport technologies and antiterrorism between Democrats and Republicans on the difference is that I have more than technologies, but I want to focus on this issue. But I do come from a com- 100 pages that lay out the record of munity that has found its own trou- the vaccines. congressional efforts to add more So I would beg for those who think bles, and that is Houston and the col- money to homeland security above and this is the right kind of bill, and there lapse of Enron and the high unemploy- beyond the amount requested by the are many things that I could comment ment, the laid-off workers that are still President so that we can make this re- on; I hope that the immigration aspect in dire conditions, foreclosures, chil- shuffling of boxes meaningful and actu- that I am concerned about to the im- dren who are leaving college because of ally deliver some security product to migrants of America, I hope we will the very sad conditions they found the American people, rather than just say that we are not accusing everybody themselves in, high unemployment. a juggling of the administrative and So to come to the point where we are of being a terrorist and that we will bureaucratic boxes. able to pass H.R. 3529, that it is at the have distinctive functions under that Mr. HOYER. Mr. Speaker, will the desk, that we know for sure that the particular department so that there gentleman yield? January 11 date of our reconvening will are immigration services and others. I Mr. OBEY. I yield to the gentleman be long overdue in terms of the dealing supported that. from Maryland. I conclude on this note: I am hoping with the 800,000 individuals, I am ask- Mr. HOYER. Mr. Speaker, one of the that as we further this, that H.R. 3529, ing or indicating that I would hope interesting aspects of this homeland I say to the leader, can be brought for- that this would be an appropriate time security bill of which we speak is that ward because I think the objectives are to respond to those whose unemploy- if we ask the American people, what clearly silenced on this matter. I think ment will cease, desist, and end. This is are the two agencies most responsible that all of us conclude that we want to an appropriate time for us to be prob- for homeland security, one looking help the unemployed, the workers who lem solvers for the 800,000 that will lose overseas at terrorists and one looking have been working, and then I would that unemployment resource on De- at terrorists here in America, they say on matters regarding the vaccine, cember 28. would respond overwhelmingly: the it is imperative that we revisit this I do want to note that I do not see a Central Intelligence Agency and the question. I can just see an array of sense of opposition from the leader. I Federal Bureau of Investigation. The maimed and injured individuals that think we are talking about a proce- irony is neither one of those agencies is we are treating so poorly in the name dural question, and I respect him for included in this reorganization, neither of homeland security. that, that every Member has a right to are included in this department, and, object. And there may be some who are Then I would say, because the gentleman comes from that neck of the therefore, will not be affected in any not here who would find it offensive to way by the passage or failure of this help the unemployed or those who are woods, Texas A&M, I know there have been some questions about that. I have particular piece of legislation. I thank the least of us, but I would venture to the gentleman. say and speculate, without having a a solution. Let us expand the opportunities for university centers. Let us Ms. JACKSON-LEE of Texas. Mr. poll, that we would probably have Speaker, will the gentleman yield? unanimous consent for every Member make sure we have historically black Mr. OBEY. I yield to the gentle- of Congress to understand that these colleges, Hispanic-serving colleges, and woman from Texas. are benefits which these working peo- some of our friends around the coun- Ms. JACKSON-LEE of Texas. Mr. ple have earned, that they have in- try. This is an excellent idea, but let us Speaker, I would like to correct my vested in, that they paid payroll taxes expand it. I see the criteria does not statement because I think the gen- for and other aspects of their contribu- name one university, so I am saying tleman made a very important point tions. These are workers. These are not this is a good thing that we might do and I want to make sure that we know individuals to which we are handing and we need to do it in the spirit of that we are in sync, and that is, I be- out. These are actually workers. opening it up so that others can be en- So I, too, join in arguing for the pas- gaged in this very important business. lieve that we have said that we do not sage of or the bringing to the floor of Mr. Speaker, with that I conclude by see a line of difference in fighting ter- H.R. 3529 for its, I think, overall sup- expressing my hope that of course we rorism, that we are committed to port that it would garner. can move forward on H.R. 3529. fighting terrorism, but the gentleman Mr. OBEY. Mr. Speaker, continuing is absolutely right that we have a b 1230 my reservation, what the response of large, gaping difference in the funding Let me finish by concluding or com- the majority leader demonstrates to and the organizational structure which ing back to the homeland security leg- me is that in the mind of the Repub- I wish we could have had more time to

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00076 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.025 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9113 really move beyond what the distin- have been good corporate citizens. And Re- First, Mr. Speaker, I would like to address guished minority whip has said, just publicans included a waiver that is so broad, the privacy concerns that have been raised removing the boxes. they may as well have taken this provision out cently about provisions in the Homeland Secu- So I agree with the distinguished altogether. rity bill. gentleman from Wisconsin. We are Mr. Speaker, there is no more unpatriotic Le me be clear. This bill does not in any standing united on fighting terrorism, gesture for a U.S. corporation than renouncing way authorize the Department of Defense pro- but there is an enormous amount of their citizenship, yet this legislation—ignoring gram knows as ‘‘Total Information Aware- amendments and funding that we have the clear intention of both chambers of Con- ness.’’ It does not authorize, fund or move into argued for that we need to do, and I gress—rewards them with generous Federal the Department anything like it. In fact, this bill hope that we will see that forthcoming. contracts, doing so at the expense of good provides unique statutory protections that will Mr. OBEY. Mr. Speaker, continuing corporate citizens. That is shameful, pure and ensure the Department of Homeland Security under my reservation, I would simply simple. could never undertake such a program. say that I find it quaint indeed that There are so many places where this bill Section 892 of our bill prohibits the sharing somehow, those of us who have tried goes wrong. It shields the pharmaceutical in- of any information that would undermine the for over a year to do substantially dustry from liability if one of its vaccines kills statutory and constitutional protections of citi- more to beef up our financial efforts or disables a patient. It creates a loophole that zens. We also create a privacy officer, the first against terrorism that somehow, our protects corporations from prosecution if they ever established by statute, whose sole mis- raising questions about the organiza- simply communicate incriminating information sion will be to ensure that programs like TIA tion of that effort somehow indicates to Homeland Security staff. And it allows cor- never get off the ground in this Department. that we do not care as much as the porations who thumb their noses at our tax Our bill contains provisions that discontinue President of the United States about laws to profit off our homeland defense needs. two programs that raise the very concerns that defending the homeland. We obviously This so-called compromise is an insult to TIA has raised. We stop Operation TIPS, and do. But I would point out that the the Members of both parties who wanted to ensure that nobody will use this bill as an ex- record demonstrates that as long ago fashion a bill to create a strong Homeland Se- cuse to implement a National ID card. as a year ago, the President resisted curity Department and improve our national So the legislative intent of this bill is unmis- the efforts on a bipartisan basis that security. It is riddled with loopholes and give- takable. This department must protect the civil were made in the Congress to add $4 aways, and I urge my colleagues to oppose it. liberties that we all cherish. I would like to further make it clear that ref- billion to the President’s budget for Mr. INSLEE. Mr. Speaker, today the United erences in the bill to data-mining are intended homeland security operations, and in States Congress will send to the desk of the solely to authorize the use of advanced tech- July of this year, he effectively vetoed President of the United States for his signa- niques to sift through existing intelligence about $3 billion in additional funding ture, the Homeland Security bill. This bill will data, not to open a new method of intruding for homeland security efforts, and yet create the Department of Homeland Security, lawful, everyday transactions of American citi- today, somehow, it is terribly urgent an agency charged with safeguarding Ameri- zens. that the boxes be reorganized this cans and the American way of life. Second, Mr. Speaker, I want to explain the month rather than next month. When enacting this bill, we must be careful legislative intent of section 890 of H.R. 5710, Mr. Speaker, it has been made crys- not stray into invading American’s privacy the Homeland Security legislation which the tal-clear by the majority leader that in when using the regulatory tools provided for in House will give its final approval to today. his words, it would be ‘‘to no avail’’ for this bill. I refer specifically to the vague author- As the author of this section I would like to us to ask that the House be recessed in izations in this bill that would give this new specify what this provision covers and what it order to try to gain approval of the ma- Federal agency broad authority to push the is intended to do. jority leadership to proceed with the privacy envelope. When Congress passed the Air Transpor- unemployment compensation legisla- Section 201, paragraph 14, charges the tation Safety and System Stabilization Act tion. So I guess what he is saying is Under Secretary for Information Analysis and (P.L. 107–42) it provided a cap on the poten- that any effort to delay this bill, in an Infrastructure with the responsibility of estab- tial liability of airlines and their agents for effort to accomplish that would be fu- lishing a secure communications and informa- claims arising out of the September 11 at- tile. tion technology infrastructure that specifically tacks. At the time of the attacks, aviation pas- Ms. DELAURO. Mr. Speaker, I rise in oppo- authorizes the use of ‘‘Data-mining.’’ Since senger screening companies were the agents sition to this legislation. I was proud to serve ‘‘Data-mining’’ has no statutory definition, I am of the airlines. That is, they were under con- with my colleagues on the committee charged concerned that we have not adequately estab- tract to perform these services and were, with drafting the legislation creating the De- lished that the Department of Homeland Secu- therefore, subject to the airlines’ control, su- partment of Homeland Security. But this so- rity does not have the green light to adopt an pervision and direction. According to all avail- called ‘‘compromise’’ is loaded with special in- all encompassing program that invades the able evidence and after a thorough investiga- terest giveaways that will do nothing to en- privacy of every American without their per- tion of the facts, it is fair to say that no cred- hance our Nation’s security. mission or knowledge. We were recently noti- ible evidence has been uncovered to suggest This legislation violates a compromise re- fied that former Rear Admiral John Poindexter that the majority of screening companies were garding the Freedom of Information Act, leav- is developing a Total Information Awareness in any way connected, culpable or otherwise ing in its place the giant loophole in the House program to monitor the everyday transactions derelict in their duty. Nonetheless, Congress bill. Under this bill, lobbyists could commu- of Americans. We cannot allow this to happen. determined that the traveling public would be nicate with department staff without any public I do not believe that this statutory language better served and protected if the screening disclosure at all. They could even shield their is meant to allow the Federal Government to workforce was ‘‘federalized.’’ That transition clients from liability simply by mentioning in- obtain whatever list, public, private, or com- from a purely private to a completely federal criminating information to department officials. mercial, to profile Americans. It is clear that workforce was largely completed this past This despite the fact that current law already the American public does reject this approach, week on November 19. includes exemptions for national security and as they soundly voiced their outrage for other A little more than two months after Con- trade secrets, exemptions that already work privacy-eroding proposals such as the FBI’s gress passed the Stabilization Act we enacted for the Justice and Defense Departments. We ‘‘Carnivore’’ system, and the Department of and the President signed the Aviation and can’t sacrifice our tradition of open govern- Justice ‘‘TIPS’’ program. It is vital that this Transportation Security Act (P.L. 107–71). The ment in the name of national security. body adopt standards to define such terms as measure expanded the list of private and gov- And as the author of the corporate inversion ‘‘data-mining,’’ and to do so early in the 108th ernmental entities to be covered by the liability amendment that we passed by an over- Congress. I thank the Speaker. cap. However, in the same legislation the ear- whelming bi-partisan majority, I am outraged Mr. ARMEY. Mr. Speaker, I am proud that lier protection afforded to the private screening that the Republicans eviscerated provisions the House is today sending H.R. 5005, the companies was inexplicable stripped from the that would have prevented companies from re- Homeland Security Act of 2002 to the Presi- law without debate or a vote. ceiving federal contracts if they move abroad dent. It is an important step forward in the de- My provision, which was first included in to avoid paying U.S. taxes. Those restrictions fense of the Nation. H.R. 5005 and which now appears as Section would no longer apply to companies who have I would like to take this opportunity to dis- 890 of the final version of this legislation is in- already moved overseas, leaving them with a cuss a few items of interest in the bill as tended to restore the liability cap for certain el- permanent advantage over companies who amended by the Senate. igible screening companies. As noted, not

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00077 Fmt 4636 Sfmt 9920 E:\CR\FM\K22NO7.027 H22PT1 H9114 CONGRESSIONAL RECORD — HOUSE November 22, 2002 every company will qualify for the cap. During ship. Therefore, the Chair is unable to under Speaker O’Neill. It must be a bi- debate in this chamber in July, members were recognize the gentleman for that re- partisan floor and committee leader- very explicit in expressing concerns that cer- quest. ship approval process. tain companies should be excluded from the li- f f ability cap. My amendment does just that. Indeed, my amendment is limited to those PARLIAMENTARY INQUIRY PARLIAMENTARY INQUIRY companies that had contracted with the Fed- Mr. LEVIN. Mr. Speaker, I have a Ms. JACKSON-LEE of Texas. Mr. eral Aviation Administration but which had parliamentary inquiry. Speaker, I have a parliamentary in- commenced services no later than February The SPEAKER pro tempore. The gen- quiry. 17, 2002. The key and determining factor is tleman will state his parliamentary in- The SPEAKER pro tempore. The gen- when the screening services actually com- quiry. tlewoman from Texas will state it. menced regardless of the date on which the Mr. LEVIN. Mr. Speaker, I heard Ms. JACKSON-LEE of Texas. Is it ap- contract was actually executed. In addition, what the Speaker had to say, but I propriate, Mr. Speaker, to inquire companies that had been debarred from doing think I can indicate that the minority whether the congressional letter gath- business with the Federal Government for any would be very pleased to bring this up ering a number of Members addressed period of time—even as little as a single day— and, therefore, I think what the Speak- to the Speaker of the House has been within six months after February 17, 2002 er’s ruling is indicating is that the ma- submitted into the RECORD asking for would not be eligible under any circumstances jority does not wish to proceed. I be- H.R. 3529 to be passed by unanimous for coverage under the cap. In the event a lieve I can speak clearly, and maybe I consent, a letter that was directed by debarred company was subsequently rein- should leave it to the gentleman from the gentleman from Ohio (Mr. stated as a government contractor, they still Maryland (Mr. HOYER), to say that the STRICKLAND), has that been presented would not qualify for the cap. minority desires that this matter be to the House or to the RECORD of the Mr. Speaker, I believe my amendment ac- brought up at this time, and I would, House at this time? complishes the clear intent of Congress when therefore, yield as part of my inquiry The SPEAKER pro tempore. The it passed the Stabilization Act last year. Pri- to Mr. HOYER. Chair has no specific knowledge. Of vate screening companies were in no better The SPEAKER pro tempore. The gen- course, any Member may ask unani- position to foresee or prevent the events of tleman may not yield to another Mem- mous consent to have a letter or a doc- September 11 than any private or govern- ber on a parliamentary inquiry. The ument inserted into the RECORD. mental entity. Therefore, fairness and equity gentleman’s statement, of course, will Ms. JACKSON-LEE of Texas. Mr. demand that we restore the cap under specific appear in the record. Speaker, let me just ask unanimous terms and conditions. However, my amend- consent for such a letter to be sub- f ment also responds to the concerns of mem- mitted into the RECORD, along with a bers of this chamber. Indeed, let me repeat. PARLIAMENTARY INQUIRY letter that I have submitted as well to The language in Section 890 makes explicitly Mr. HOYER. Mr. Speaker, I have a the Speaker on this issue of H.R. 3529 clear that only those companies that are in parliamentary inquiry. to be brought up on unanimous con- good standing with the government as evi- The SPEAKER pro tempore. The gen- sent. denced by the fact that a company com- tleman will state it. The SPEAKER pro tempore. Without menced aviation passenger screening services Mr. HOYER. If, in fact, under the objection, the gentlewoman’s docu- for the government no later than February 17 rules I indicate on behalf of the minor- ment may be submitted for the of this year qualify for the cap. Further, a com- ity that we have no objection to that RECORD. pany would not be eligible if it had been unanimous consent request, what ef- HOUSE OF REPRESENTATIVES, debarred for any length of time within six fect would that have? Washington, DC, November 21, 2002. months from that date. The SPEAKER pro tempore. The Hon. J. DENNIS HASTERT, Speaker, House of Representatives, Mr. Speaker, I trust my explanation will as- Chair would read directly from page 713 sist my colleagues to better understand the Capitol, Washington, DC. of the House Rules Manual where it DEAR MR. SPEAKER: More than 800,000 job- nature and purpose of my amendment. states that, ‘‘It is not a proper par- Mr. OBEY. Mr. Speaker, I most re- less Americans will lose their unemployment liamentary inquiry to ask the Chair to compensation three days before the New gretfully withdraw my reservation of indicate which side of the aisle has Year if Congress leaves town without passing objection. failed under the Speaker’s guidelines extension legislation. Senate Republican The SPEAKER pro tempore (Mr. to clear a unanimous consent request. Whip Don Nickles worked diligently last THORNBERRY). Is there objection to the Therefore, the gentleman has not stat- week to broker a compromise bill, H.R. 3529, initial request of the gentleman from which the House has the option of passing by ed a proper parliamentary inquiry. Texas? unanimous consent tomorrow before it ad- There was no objection. f journs sine die. We can think of no reason A motion to reconsider was laid on why the House of Representatives, which is PARLIAMENTARY INQUIRY the table. in session tomorrow, would be unable to pass Mr. HOYER. Mr. Speaker, I have a the bipartisan compromise extension that f parliamentary inquiry. was passed in the Senate last week. But we can think of 800,000 reasons for the House to REQUEST TO CONSIDER H.R. 3529, The SPEAKER pro tempore. The gen- ECONOMIC SECURITY AND WORK- act tomorrow. tleman will state it. The San Francisco Chronicle quoted White ER ASSISTANCE ACT OF 2001 Mr. HOYER. With all due respect, House officials as saying that ‘‘the President Mr. LEVIN. Mr. Speaker, I ask unan- that was not my assertion, nor my believes it’s important to protect unem- imous consent to take from the Speak- question. My assertion was that in the ployed workers’’ and has been lobbying for a er’s table the bill (H.R. 3529) to provide event that I indicate to the Speaker compromise to be reached. Mr. Speaker, H.R. tax incentives for economic recovery that the minority side has no objection 3529 is that compromise. Not only would it and assistance to displaced workers, to the unanimous consent request pro- ensure that workers receive their full thir- teen weeks of extended compensation, but it with a Senate amendment thereto, and pounded by the gentleman from Michi- would provide much needed relief to those concur in the Senate amendment. gan to allow the unemployment exten- who are about to exhaust their regular un- The SPEAKER pro tempore. Under sion bill to be immediately considered, employment compensation and still have not the guidelines consistently issued by would that have any effect under the found a new job. successive speakers and recorded on rule? When Members of the House left Wash- pages 712 through 713 of the House The SPEAKER pro tempore. The ington last week, your spokesman responded Rules Manual, the Chair is constrained Chair would repeat, once again, that to questions about whether the House will not to entertain the gentleman’s re- under the clear precedents of the take up the Senate bill with: ‘‘We’re done, we’re closed up. Why don’t they do [the quest to consider a House bill with a House, it is required that any measure House bill]?’’ When the House finished its Senate amendment at the Speaker’s such as that be cleared by the bipar- business last week, House Leadership admon- table until it has been cleared by the tisan floor and committee leadership ished Senators that it was their responsi- bipartisan floor and committee leader- going back to precedent established bility to ensure that a Homeland Security

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00078 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.019 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9115 bill was passed. Now, it is the responsibility Kleczka; Bart Gordon; Diana DeGette; we have another addition to our con- of the House to ensure that an extended com- Earl Blumenauer; Eliot L. Engel; Jerry gressional family, to the Halpern fam- pensation bill gets passed and that 800,000 E. Costello; Ike Skelton; Earl Pom- ily, Ari Joseph Halpern, born on No- Americans can rest a little easier this holi- eroy; William D. Delahunt; Steny H. vember 28. I can tell the Members, Mr. day seasons. Hoyer; Virgil Goode, Jr.; Tammy Bald- Sincerely, win; David Wu; Jane Harman. Speaker, that his father is very proud. SHEILA JACKSON-LEE, Rube´n Hinojosa; Xavier Becerra; Julia Mr. Speaker, I notice a colleague of Member of Congress. Carson; Brian Baird; Carolyn McCar- ours for so many years, the gentleman thy; Mike McIntyre; Marion Berry; from Michigan (Mr. BONIOR), who has Hon. J. DENNIS HASTERT, Dennis Moore; David E. Price; Alcee D. so ably served as whip on the other side Speaker, House of Representatives, Hastings; John P. Murtha; David E. of the aisle. If I could take a moment Capitol, Washington, DC. Bonior; James P. McGovern; Michael to say to the gentleman from Michigan DEAR MR. SPEAKER: More than 800,000 job- M. Honda; Lynn Woolsey; Gene Green; from our side of the aisle, and I believe less Americans will lose their unemployment Corrine Brown; Chales A. Gonzalez; compensation three days before the New Frank Pallone, Jr.; Robert A. Brady; I dare speak in this case for the entire Year if Congress leaves town without passing Michael F. Doyle; Adam Smith; Tom body, we thank him for his years of extension legislation. Senate Republican Barrett; Lloyd Doggett; Jim Davis; service. He has always been a gen- Whip Don Nickles worked diligently last Stephen F. Lynch; Fortney Pete Stark; tleman. He has done his job well as a week to broker a compromise bill, H.R. 3529, James R. Langevin; Sheila Jackson- Member of Congress. I would say on be- which the House has the option of passing by Lee. half, I believe, of all of us in this body, unanimous consent tomorrow before it adjourns sine die. We can think of no reason f I wish him Godspeed in his remaining why the House of Representatives, which is CONCLUDING REMARKS activities. in session tomorrow, would be unable to pass Mr. HOYER. Mr. Speaker, if the gen- the bipartisan compromise extension that (Mr. ARMEY asked and was given tleman will yield further, I want to was passed in the Senate last week. But we permission to address the House for 1 join the distinguished majority leader. can think of 800,000 reasons for the House to minute.) The gentleman from Michigan (Mr. act tomorrow. Mr. ARMEY. Mr. Speaker, let me BONIOR) has been one of the most dis- The San Francisco Chronicle quoted White just say, since the gentleman from tinguished Members of this body. He House officials as saying that ‘‘the President Texas (Mr. THORNBERRY) as a Member has reflected, I think, what the Amer- believes it’s important to protect unem- of this body was one of the first ployed workers’’ and has been lobbying for a ican public expects of each of us: the innovators of legislation with respect compromise to be reached. Mr. Speaker, H.R. courage to state our convictions. He to homeland security, how very pleased 3529 is that compromise. Not only would it stood for those convictions and fought I am to see the gentleman here today ensure that workers receive their full thir- for those convictions, irrespective of as Speaker pro tempore to drop the teen weeks of extended compensation, but it their popularity or whether he found would provide much needed relief to those gavel on this matter. I am pleased for himself to be in the majority on any who are about to exhaust their regular un- the gentleman, and I am proud to call employment compensation and still have not given proposition. the gentleman my friend. I think every Member of this body found a new job. Mr. HOYER. Mr. Speaker, will the When Members of the House left Wash- admires the gentleman from Michigan gentleman yield? ington last week, your spokesman responded (Mr. BONIOR) for the courage of his con- to questions about whether the House will Mr. ARMEY. I yield to the gentleman from Maryland. victions. We talk a lot about that, but take up the Senate bill with: ‘‘We’re done, I think few Members have displayed we’re closed up. Why don’t they do [the Mr. HOYER. Mr. Speaker, on behalf House bill]? When the House finished its of this side of the aisle, I want to say the courage of their convictions any business last week, House Leadership admon- again, as this will be I suppose the last more dramatically or faithfully than ished Senators that it was their responsi- time in the gentleman’s role as major- has our colleague, the gentleman from bility to ensure that a Homeland Security ity leader that the gentleman address- Michigan (Mr. BONIOR). bill was passed. Now, it is the responsibility es the House, we want to congratulate He is still a very young man, and he of the House to ensure that an extended com- has much to offer his country. He pensation bill gets passed and that 800,000 the gentleman on his service. We obviously have had disagreements through fought for his country in Vietnam, and Americans can rest a little easier this holi- he came here and fought for its ideals. day season. the years, but the gentleman has han- Sincerely, dled himself as a gentleman, and for He will continue to serve, I know, as a Ted Strickland; Charles B. Rangel; Tim this side of the aisle, we want to wish productive and extraordinary Amer- Holden; Lucille Roybal-Allard; Marcy the gentleman Godspeed as he enters ican citizen. We wish him the very best Kaptur; Gary L. Ackerman; Edward J. into a new phase of his career. I know in whatever he may do. Markey; Dennis J. Kucinich; Rick the gentleman’s family is pleased to Mr. ARMEY. Mr. Speaker, one final Larsen; Neil Abercrombie; Danny K. welcome him back to full-time associa- point which I am confident will be of Davis; Sherrod Brown; Maurice D. Hin- particular interest to the gentleman chey; James L. Oberstar; Edolphus tion. I know that was one of the gentleman’s prime motives, as he expressed from Maryland. Towns; Rick Boucher; Bill Pascrell, Mr. Speaker, with us today is my Jr.; Stephanie Tubbs Jones; Vic Sny- so eloquently on the floor. der; Darlene Hooley; Louise McIntosh On behalf of the minority, we want to brother, Charlie Armey, general man- Slaughter; Barney Frank; Lane Evans; wish the gentleman every success and ager of the Rams. Mr. Speaker, he and Mark Udall; Anna G. Eshoo; Shelley good health and happiness in the fu- his associates are in town this weekend Berkley; Jan Schakowsky; Patrick J. ture. to take care of business. I am sure the Kennedy. Mr. ARMEY. Mr. Speaker, I am gentleman from Maryland would like Joseph Crowley; James P. Moran; Ber- pleased to announce to this body that to make him welcome. nard Sanders; Betty McCollum; John we have some new additions to our con- Mr. HOYER. If the gentleman will F. Tierney; Jay Inslee; Ken Bentsen; continue to yield, Mr. Speaker, we Tom Udall; Barbara Lee; Steve Israel; gressional family, a new addition to Carolyn B. Maloney; Sanford D. the Abel family. Williams James Abel shall see. We shall see. Bishop, Jr.; Robert E. Andrews; Eva M. arrived the night before last, yester- f Clayton; Howard L. Berman; Sander M. day, in the early hours of the morning, PROVIDING FOR THE SINE DIE AD- Levin; Rosa L. DeLaura; Donald M. a beautiful baby boy, 9 pounds, 4 JOURNMENT OF THE 107TH CON- Payne; Peter A. DeFazio; Bobby L. ounces. Rush; Norm Dicks; Jose´ E. Serrano; GRESS, SECOND SESSION Martin O. Sabo; Jerrold Nadler; Nick J. b 1245 The SPEAKER pro tempore (Mr. Rahall II; George Miller; Carrie P. Mr. Speaker, I wonder if the gen- KERNS) laid before the House the privi- Meek; Dale E. Kildee. tleman from Maryland (Mr. HOYER) leged Senate concurrent resolution (S. Joe Baca; Silvestre Reyes; Elijah E. Con. Res. 160) providing for the sine die Cummings; Karen McCarthy; John would detain for one moment. I want Spratt; Zoe Lofgren; Martin T. Mee- to share a moment with him before he adjournment of the One Hundred Sev- han; Baron P. Hill; Ellen O. Tauscher; leaves the floor. enth Congress, Second Session. Bob Etheridge; Steven R. Rothman; Mr. Speaker, in addition to the won- The Clerk read the Senate concur- Lynn N. Rivers; Bob Filner; Jerry derful, beautiful William James Abell, rent resolution, as follows:

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00079 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.013 H22PT1 H9116 CONGRESSIONAL RECORD — HOUSE November 22, 2002 S. CON. RES. 160 month, over a million every day; more than 1.1 ing his tenure, DiMario worked closely with Resolved by the Senate (the House of Rep- billion Federal documents have been retrieved GPO’s unions to reach reasonable wage con- resentatives concurring), That when the Sen- via GPO Access since it went live in 1994. tracts and ensure the successful implementa- ate adjourns at the close of business on any The GPO site also serves as host to 19 other tion of new technology and new ways of doing day from Wednesday, November 20, 2002 Federal websites, including the Supreme things. through Saturday, November 23, 2002, or Court’s, and the databases GPO prepares for Through changing times, Mike stoutly de- from Monday, November 25, 2002, through fended the GPO against shortsighted pro- Wednesday, November 27, 2002, or on a mo- GPO Access are indispensable to the tion offered pursuant to this concurrent res- Congress’s prominent legislative website, posals to reinvest or privatize its operations, olution by its Majority Leader, or his des- THOMAS, which is operated by the Library of regardless of their source. He clearly articu- ignee, it stand adjourned sine die, or until Congress. GPO Access was the primary site lated how valuable GPO is to Congress’s leg- Members are notified to reassemble pursuant for several major Federal-document releases islative operations, to the economical and ef- to section 2 of this concurrent resolution, of the past decade, including the Microsoft fective procurement of printing for executive whichever occurs first; and that when the anti-trust decision, the Supreme Court’s deci- agencies, and to the public’s ability to access House of Representatives adjourns on any sion in the Florida election cases, and the Government information in a comprehensive, legislative day through the remainder of the Starr Report, as well as all annual Federal equitable manner. In the past several months, second session of the One Hundred Seventh his defense of GPO against the ill-advised Congress on a motion offered pursuant to budgets. GPO Access has won multiple this concurrent resolution by its Majority awards from the on-line, library, legal, govern- printing proposal of the Office of Management Leader or his designee, it stand adjourned ment, and educational communities, and will and Budget has been just as determined. The sine die, or until Members are notified to re- undoubtedly continue to revolutionize the dis- fact that GPO continues to operate today is assemble pursuant to section 2 of this contribution of government information. due in no small part to the fact that Mike be- current resolution, whichever occurs first. During his service, DiMario also strongly lieves in the agency and never shirked from SEC. 2. The Majority Leader of the Senate supported and successfully implemented the defending it when necessary. and the Speaker of the House, or their re- Congress’ policy decision to transition the Mike DiMario has had the 4th longest con- spective designees, acting jointly after con- Federal Depository Library Program to a pri- secutive term of service as Public Printer sultation with the Minority Leader of the since it began operations in 1861. He resides Senate and the Minority Leader of the marily electronic format. He worked closely House, shall notify the Members of the Sen- with the library community to implement this in Bowie, Maryland, so he’s not just my friend, ate and the House, respectively, to reassem- transition in a way that met Congress’ goals of he’s also my constituent. As Mike departs the ble at such place and time as they may des- economy and efficiency while continuing to GPO for a well-deserved retirement following ignate whenever, in their opinion, the public serve the needs of the public. Today, more 40 years of Federal service, I am sure my col- interest shall warrant it. than 60 percent of the new titles going into de- leagues join me in wishing him good luck, The Senate concurrent resolution pository libraries are electronic, and the pro- Godspeed, and offering him the thanks of a was concurred in. gram has realized sufficient savings to under- grateful Nation for a job well done. A motion to reconsider was laid on write the costs of GPO Access without requir- f the table. ing substantial new appropriations. TRIBUTE TO HON. DAVID BONIOR f DiMario also brought other new tech- OF MICHIGAN, AND ISSUES FOR nologies to GPO, streamlining its operations. SPECIAL ORDERS THE 108TH CONGRESS Notable among these advances are the ca- The SPEAKER pro tempore. Under pacity to move print copy directly from com- The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- puter to plate, which is now used to produce previous order of the House, the gentle- uary 3, 2001, and under a previous order 90–95 percent of all plates used in GPO; roll- woman from Texas (Ms. JACKSON-LEE) is recognized for 5 minutes. of the House, the following Members fed on-demand printing; and new, smaller, Ms. JACKSON-LEE of Texas. Mr. will be recognized for 5 minutes each: more efficient presses. DiMario also enhanced Speaker, we just finished, I think, a f GPO’s electronic communications capabilities very necessary debate and discussion through establishment of an agency web site TRIBUTE TO MICHAEL F. DIMARIO, involving the Homeland Security De- to facilitate online posting of most bid solicita- 23RD PUBLIC PRINTER OF THE partment but, as well, some of the ail- tions for printing contracts, and an office-wide UNITED STATES ments that we will be facing as this Intranet. Working closely with the House, Sen- Congress returns in the 108th session. The SPEAKER pro tempore. Under a ate and other Federal agencies, DiMario Before I comment on some of the previous order of the House, the gen- oversaw the successful Y2K transition at GPO issues that I believe leave us in a state tleman from Maryland (Mr. HOYER) is with no disruption of service. On his watch, In- of unreadiness, I would like to take recognized for 5 minutes. Plant Graphics magazine chose GPO as the this opportunity as well to again thank Mr. HOYER. Mr. Speaker, as the 107th top in-plant in the country for four consecutive my colleague, the gentleman from Congress draws to a close, I want to pay trib- years, and in 1999, PC Week magazine hailed Michigan (Mr. BONIOR), for the leader- ute to a great public servant and dear friend GPO as one of the top technology innovators ship that he has given to this Nation. I whose Government service is also now draw- in the United States. GPO has received might say ‘‘to this Congress,’’ but I being to a close. Michael F. DiMario, the 23rd ‘‘clean’’ financial opinions on all independent lieve his leadership goes far beyond Public Printer of the United States, will soon audits conducted during DiMario’s tenure, and these walls. retire from his post now that the Senate has a comprehensive management audit in 1998 Having come in 1995, elected in 1994, confirmed his successor. Mike has served as found that GPO has strong support among its the gentleman from Michigan (Mr. Public Printer since November 1993, and he ‘‘customers,’’ i.e., the Congress, Federal agen- BONIOR) is the leadership that I knew, leaves the Government Printing Office a much cies, and the public. During last year’s anthrax which, in essence, I grew up under, leg- different and better place than when he took crisis, DiMario offered GPO facilities for the islatively. If I might say, there was not office nine years ago. use of various House and Senate offices, and a time, although his work was as the Mike’s achievements as Public Printer are he made available GPO’s loading docks to the whip in organizing the votes, that he numerous and represent a sea-change in the Capitol Police when Congress’ own delivery- did not have a listening ear and wel- way GPO produces and distributes govern- screening facilities were unusable. Since that coming of different perspectives, being ment information to the American people. time, he has worked to establish off-site print- courageous enough to recognize that Mike’s preeminent achievement has been the ing and web capabilities to prevent disruptions we do not always speak in one voice. establishment and phenomenal growth of of service in future emergencies. We speak as Americans, but we do not GPO Access (www.gpo.gov/gpoaccess), the Throughout his tenure, DiMario has strived always speak in one voice. GPO website established pursuant to a land- to cut costs at GPO, and as a consequence, So my applause to him for always mark 1993 act of Congress passed with his GPO’s appropriations have remained relatively being willing to be of service and, enthusiastic support. GPO Access today flat. Total personnel strength has declined by might I add, for the special work that makes about 225,000 Federal titles available more than 35 percent since 1993, and now he has been engaged in, and that is on-line, free of charge, to anyone with a com- stands at the lowest level in over a century. It working to bring people together. I puter and access to the Internet. Members of is a testament to Mike DiMario’s leadership know he has a special connection to the public today use GPO Access to retrieve that he achieved the reduction through attrition the Faith and Politics Institute, bring- an average of 31 million documents each with no significant workforce dislocation. Dur- ing individuals of faith and political

VerDate 0ct 31 2002 03:58 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00080 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.016 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9117 life together for the betterment of all that under the auspices of homeland sonal lives, as well as our professional of us. So I thank him very much. security we are blocking their oppor- lives, and also for stoking my outrage It leads me right into the reason why tunity into the courthouse, they would when outrage was needed, when the sit- I speak today, which is to highlight, as understand the problem. uation called for us to become indig- I said, the unreadiness of this Congress Let me close by simply saying that nant and to stand up and to express on a series of issues that I think are ex- we have many miles to travel; and, as ourselves in the most forceful and emo- tremely important that we have not we travel, we need to do it right. I tional way, sometimes, that we could yet done. close by simply saying that we did not to get our points across. I want us to move quickly in the do it right today, Mr. Speaker. We left b 1300 108th Congress to face down corporate 800,000 employees who were fired, ter- irresponsibility and malfeasance. Yes, minated, and unemployed without un- She is a great asset to this institu- we have passed legislation dealing with employment insurance. We did not do tion herself, having served here for the ability to audit the internal it right, and I hope that we will get it over 20 years; and we look forward to records of corporations, to fix the audit right. I will fight on behalf of those in- the rest of our lives together and con- committees, to oversee accountants, dividuals and on behalf of America tinuing on issues that we care deeply but we have not done much reform on until we get it right in this Congress. about and supporting many of the people who have supported us, especially the bankruptcy laws that negatively f impacted laid-off or terminated em- the young people who are making their ployees. THANKS AND APPRECIATION TO way up politically in their lives. For example, in my congressional MEMBERS, STAFF, CONSTITU- I also thank my children, to Stephen district, when Enron filed bankruptcy ENTS, AND FAMILY FOR SUP- and Julie and Andy, the three of them. on Sunday, they laid off almost 5,000 PORT IN MEMBER’S SERVICE TO They are grown adults now and out of employees on Monday. Those employ- THE NATION school, fully employed and working in ees are still trying to recoup. They had The SPEAKER pro tempore. Under the Washington, D.C., area, for the nothing, and they lost everything. It is the Speaker’s announced policy of Jan- most part. They have given much sac- interesting that the corporation could uary 3, 2001, the gentleman from Michi- rifice over the years when their father go in and recover through the bank- gan (Mr. BONIOR) is recognized for 60 was not there, when sometimes he ruptcy laws, but the employees had no minutes as the designee of the minor- should have been. They are great kids. standing. ity leader. They have worked in the campaign I am looking to file legislation with Mr. BONIOR. Mr. Speaker, I would over the years. They have just been my colleagues to reform the bank- like to thank my colleague, the gentle- super lovely children and now wonder- ruptcy law to put unsecured, fired, or woman from Texas (Ms. JACKSON-LEE), ful adults, and I cannot thank them terminated employees of corporations for her lovely comments, and to say enough for their patience and for their who seek bankruptcy protection at the how much I have enjoyed working with encouragement and sometimes for top of the line. That is most evident by her through the years. I wish her and their criticism when their father need- what happened to the family in my her family all the best and the best to ed it. I wish them, of course, the best; community, a member of the Enron the gentlewoman in her future endeav- and we will continue to love and sup- family who was out on leave with a ors. She is a great asset to this institu- port them. catastrophic illness. He, along with tion and also to the country. I want to also mention some wonder- others, were terminated in the midst of I also want to appreciate the kind ful people on my staff. Senica once said his catastrophic illness. Of course, he words uttered by my friend and col- that loyalty is the holiest good in the was left with nothing. He lost his league, the gentleman from Maryland human heart. While I am not so sure house, and he lost his life, because (Mr. HOYER), who will be the new that that it is the holiest good in the there was no more medical care for Democratic whip. I wish him much suc- human heart, I appreciate the senti- him, and there were no more health cess in his new responsibilities; and to ment. Loyalty is a very important part benefits and no ability to secure his the gentleman from Texas (Mr. of work, whether it is government prescription drugs. We have to fix that, ARMEY), who also expressed some very work or private work or family life. Mr. Speaker. kind words, I wish him all the best. It You have to have loyalty, and I have We also have to fix this homeland se- was wonderful over the years working had the most loyal, wonderful staff curity bill. I bring to the Members’ at- with him and engaging in colloquies at that one could ever imagine. tention the autism case dealing, as my the end of the week, looking forward to I am going to start by talking about, colleague spoke before, with a vaccine the following week. I wish him the just very briefly, four people who have that was utilized to the bad results of best. been with me throughout basically my this particular individual. Russell Rol- Mr. Speaker, I rise this afternoon whole career. The way my office basi- lins was a picture perfect baby. Then at just to say thank you. I wanted a cally ran was we had four people, two 15 months, just like every other baby, chance before I left to thank the Mem- in Michigan, two in Washington; and he got his MMR shot. He had a physical bers of this institution and my staff for they worked as a group, as a board: Ed reaction to those vaccines, including a the support of individuals who make Bruley, Chris Koch, Sarah Dufendach, high-pitched scream and days of high- this building and this government run and Kathy Gille. pitched crying and listlessness. Ten so incredibly well. Now, they all were with me for vir- years later, those problems continue. I want to start by thanking my wife, tually my whole career: Ed Bruley, 25 Russell is now autistic. Judy, who has been absolutely fabu- years; Chris Koch, 25 years; Sarah So a vaccine moratorium on this case lous. I thank her for her love and sup- Dufendach, 25 years; and I think Kathy would be horrific, and this could hap- port; for her loyalty to the issues of so- about 20 years, although she worked on pen time after time with the kind of cial and economic and racial justice; my first campaign 26, 27 years ago. So limited liability that we have in the for her wise counsel over the years, we have known each other, we have homeland security bill. I think it is keeping me out of trouble when I need- supported each other, and we have misdirected, Mr. Speaker, as it is mis- ed to be kept out of trouble. Most of us marched together with each other. directed for airport security and who serve here find a way into trouble They have all left now over this last antiterrorism technology. too often. year, but they will always be in my We have never been afraid of doing She was wonderful in keeping me on heart, and I wish them the best. They the right thing, of ensuring that we the right path, but she also was very are really special people. have an opportunity for redress of good about encouraging me to create Ed does such a great job with young grievances in courts. We have never controversy, trouble, if you will, when people particularly, nourishing them been overwhelmed with frivolous law- the times clearly needed it. I thank her and helping them grow, helping them suits to the extent of products that are for helping me lead a path to clarity to become involved. defective. We only need to engage in among much of the confusion that Chris Koch was sort of the person in saving life. If Americans understood sometimes engulfs our lives, our per- our office who managed things and who

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00081 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.034 H22PT1 H9118 CONGRESSIONAL RECORD — HOUSE November 22, 2002 was always there to lean on when you who is now with the gentleman from Il- with us. I am sure some of those peo- had a personal problem and who had a linois (Mr. BLAGOJEVICH). Brian, the ple, Paul, Rick or Patrick, will eventu- real common touch and a real decency. best to you in your future. Allison ally end up serving the public someday And Sarah Dufendach, who ran the Remsen, who has now left but worked in public office; and I am looking for- office with Kathy Gille here and the as a press secretary in the whip’s of- ward to being there with them and whip operation, Sarah has now gone on fice; and Matt Gelman, who did a good helping them in that endeavor. to work with the Vietnam Veterans job for us and worked on the floor here Darlene Kaltz, whose great humor Foundation and doing wonderful and many of you knew. He has two and organizational skill and account- things. We grew up together in the lovely babies now and a good job, and ing skills have kept us on the straight same neighborhood, and I wish her and we wish him the best. and narrow. We wish Darlene the very Alan all the best in the future. She is And Mary Doroshenk and Chris best, and we will be seeing much of her a wonderful person. Davis. Mary and Chris actually were as well. And Kathy Gille, who grew up on the married; and that was one of many, I want to go back to Ed Bruley for a east side, all of us, by the way, were many marriages that came out of our second, because Ed has sort of been the east-siders in the Detroit area, and organization over 30 years, and we wish political guru of my staff. I met Ed at Kathy’s fight for economic and social them the best. a campaign 30 years ago. I ran against justice and racial justice has been And Adri Jayaratne, who would him and beat him for State representa- steady and passionate. And now she is make a great legislative director for tive. But I knew from that race that I working on peace with respect to the anybody in this institution, a fabulous did not want him on the other side, so situation in Iraq. I wish her and Doug young man. And, Adri, thank you for we formed a partnership. This was Tannear, who runs the Faith in Poli- so much of what you have done. right after the McGovern defeat in 1972, tics Institute that the gentlewoman And in Michigan, I would like to say and we formed a group called Locus from Texas (Ms. JACKSON-LEE) alluded a particular thanks to the following Focus, basically to rebuild the party to a little earlier, all the best in their people: Tim Morse, who has run my locally. And Ed was a big piece of that. endeavors in the future as well. Port Huron office for 17 years. He is We got to be good friends, and when I Then, of course, there are some of my really a wonderful man, and we wish ran for Congress he was one of the key old whip staff who are now with the Tim the best in his endeavors. people who made the campaign work gentlewoman from California (Ms. And Rania Emara and Mark Fisk, and then was hired, and he has been PELOSI): Jerry Hartz, Howard Moon, Bob Allison and Joy Flynn and Steve with me for 26 years and ran the guber- Paula Short, Jon Stivers, people I have Gallop. Steve has been with me 26 natorial campaign. already talked about on this floor sev- years, the whole time. He is as steady What Ed was so particularly good eral months ago, and who are wonder- as a rock and as knowledgeable as it about was putting young people to- ful assets to this institution, and I wish comes on grants and aid and support, gether. Over the years we did some- them all the best. and he is and will always be a very thing called Student Summit, for 15 If I could also address some other close friend. His sister Ruth, who was years, where we would bring high staff individuals who have performed with me for 17 years, 17 years, and who school kids from each of our 100 high tremendously for our office and the now is going over, on her first day, schools together and for a weekend we people of the 10th District of Michigan: would teach them basically how this Erich Pfuehler, who was my Wash- with Senator STABENOW today. So good institution worked. It was role playing. ington staff AA. Erich’s been with me, for you, Ruth. I mentioned Joy Flynn and Bob Alli- Each one would take the persona of a for, gee, I am reluctant to guess now, son, who did some press work, and Member of Congress. We would take an but I know it is in the teens, the num- issue, an environmental issue or an ber of years, and he is a fabulous young Mark Fisk, really very capable people, man, and still a young man, and I wish good people. education issue or racial justice issue, And Bob Gibson, who is now working him and Sarah the best in their en- and we would lay it on the table. They for the Service Employees Inter- deavors. would elect their leaders, they would Maya Berry; Amy Furstenau, who national Union, very good person who elect a speaker, and they would go left a while ago; Dana Hopings, who deals with workers’ issues and commu- about trying to get a piece of legisla- has just done excellent work on urban nity issues. tion passed and thereby learning how issues and legislative issues; Kevin Charlie Jackson and Cindy Janecke. this institution and their government Mauro, who has worked in our office in Cindy, thank you so much for putting works. the Rayburn Building; Nicole Nice-Pe- up with me through all that scheduling I am proud to say that over those 15 tersen, who left recently to go to law difficulty we had, particularly in the or 16 years that we have done this a school; Charles Powell, who has spent Governor’s race. We will certainly miss number of people have come out of that many, many years working for me you, but I know you will do very well and done extremely well, actually been doing the mail, providing the humor, in the future. Best to you and Rick. elected to school boards and city coun- keeping the office on a level keel in the And to Tyler Kitchel, who is one of cils, and Ed puts that together. He Rayburn Building. We will miss him. my top research people. Tyler is going brings people and school-to-work pro- He is off to Louisiana to make a new on to graduate school and who will be grams from Germany, from Ireland, home for himself and Sarah. missed. from Canada into our congressional Paula Short, who I mentioned ear- Fred Miller, fabulous guy. Anything district, and we have a regular flow of lier, who did a fabulous job just keep- you want. Fred worked in the whip of- people coming back and forth. That is ing me in order for a number of years fice and went back to Michigan and did one of the things that he excelled at, before she went over to the gentle- the politics and other constituency and I think he has given many opportu- woman from California; Kim Kovach work. We are going to miss Fred, but nities to many people as a result of his we brought over just out of school and he is a neighbor, so I will see him on a interest in young folks. So, Ed, con- in a short couple of years was doing the regular basis. gratulations to you. key work in our office on trade legisla- And Sally Torres, who was one of our In fact, right now, he has taken tion and who is now working for the caseworkers. Sally has a master’s de- about 20 people and taken them over to steelworkers. We wish her and her hus- gree in social work from the University Germany. That is where they are at band all the best. of Michigan and does exceptionally this very minute, some of them on my Bridget Andrews, who has been with good work and is a very caring and de- staff, some other young people, to ex- me now for about 2 years and came cent person. We wish her the best. pose them to government in Germany from Michigan and there, at the end, And Paul Soderberg and Patrick and the school-to-work program over closing the offices, doing all the dif- Rorai and Rick Suhrheinrich. They are there, among other things. ficult work. So, Bridget, thank you for all wonderful people, young people who So we thank all of them. And I am your patience and for your hard work. started with us, those three actually, sure I have left somebody out, and I I do not want to miss anybody. Brian in high school, and now are graduates deeply apologize if I have. It is not be- Taylor, who worked in our whip office, out of college and have been working cause I do not love you and respect you

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00082 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.036 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9119 and appreciate what you have done; it and these are counties just northeast here at home, and in Asia and South is because I am not as organized as I of the city of Detroit, I thank them for Asia in particular, and other places probably should be this afternoon. But the incredible gift they gave me of al- around the globe are not religious we thank all of you for your kindnesses lowing me to serve them and to rep- based, they do spring, to some extent, and your support and your help. resent them. I have not been the easi- from misconceptions about other peo- There are other people I want to est guy to keep sending back. I under- ple’s religions. thank. I saw Ellen Rayner was here a stand that. It is important for all of us to re- little earlier. She has worked in this I kind of believe in the old adage if member, it seems to me, that Christi- institution for 30, gee, I think it is 32 you are not living on the edge, you are anity and Judaism and Islam all spring years, and in interesting ways, with taking up too much room; so I like to from the same fountain, they spring the Iran-Contra and a whole host of kind of push on things, and sometimes from Abraham. They are monotheistic special committees and recently for I know I have tried people’s patience. in their teachings, and their values are the gentleman from California (Mr. But my constituents have given me the incredibly similar. There is this dis- WAXMAN) and his committee. And she opportunity to do that, and I thank connect out there in terms of what does a great job. She is going to retire them from the bottom of my heart. Christianity is about or what Islam is after 32 or 34 years, and we are going to Judy and I will retain our home in about. miss her. Mount Clemens, Michigan. We do not I woke this morning to a story in Ni- But there are so many folks like that know what I am going to end up doing geria in which 100 people were killed who have given their careers and their next, but hopefully it will involve a lit- over Christians and Muslims fighting, lives to this institution who need to be tle bit of teaching and a little bit of killing each other over a beauty con- test. I am sure that it runs much deep- thanked and appreciated. community service along the way, and I want to also thank the staff, people perhaps some other things as well. er than that, but that was the issue that triggered the violence. who run the floor, the pages, the people There is an old saying in the Bible in We have to be able to talk to each in the cloakrooms, too numerous to Proverbs that where there is no vision, other better. We have to be able to the people perish. And in order for an mention. So many of you have made reach out to each other more. I am so institution or a people to be successful, our lives easier. I know what it is like, concerned about our inability to do you have to know where you are going being the former whip of my party, that, the turning away Christian to and how you are going to get there. At having to deal with over 200, at one Muslim, Jew to Muslim, Muslim to least one needs an initial plan. time 260 Democrats on a daily basis, Christian. We need more coming to- Throughout our career, and I say trying to keep them happy and inform- gether and understanding about each ‘‘our’’ because I consider this not only ing them and bringing them together other’s religion and who we are and the my career, but the career of the people collegially. I know how difficult it is great traditions and histories of each who work for me and my family, we sometimes to please Members of Con- other’s religion. That is why talking to have tried to have a vision where we gress. But you do it every single day each other is very important. that we are here. wanted to take the district and the I know there are Members in this in- country, and that vision revolved b 1315 stitution who take great pride in the around social, economic and racial jus- vote that they cast in 1991 regarding It is not easy sometimes, and I appre- tice. the Gulf War. And I stood at this very ciate the patience of the staff and to These are very difficult times that spot and gave the final speech in oppo- their devotion. we are living in today, changing times sition to the Gulf War, and I did so be- To the parliamentarians, to the peo- at an incredible rate, technologically cause I felt that the Gulf War, while ple who cook the food, to the waiters, changing, changing times with respect undoubtedly we would be successful to the elevator operators, to the jani- to our natural environment, with our militarily in the short run, would lead torial service that keep this place political environment, and the chal- eventually to problems down the road looking really good so the public can lenges that await my colleagues in this in the future. I felt that we would be enjoy it and appreciate its beauty and next Congress are monumental. I was creating the atmosphere for another its specialness. going to try to resist leaving a few last generation of people who felt just to- If I might also this afternoon, I words of comments to them, but I can- tally disillusioned and would be suscep- would like to say a few words about my not help but give a little bit of advice tible to moving into terrorist kinds of colleagues. It has been a great joy to if I could before I leave today. activities, suicide bombings, the kind serve here. They say over 10,000 people At the beginning of today’s session, of things that we have so painfully wit- have served in the Congress. I do not Father Coughlin said these words when nessed and suffered, not only here in know how many Members I have served he gave his prayer. He said, ‘‘Dear our country, but abroad as well. with, but I suspect it is probably close Lord, deliver us from fear, hatred and In 1982, about 20 years ago, I was in to 1,000, probably that many over 26 war.’’ Of course, if you can deliver the Middle East and was on a trip. I years, and they are some of the finest yourself from fear, you are a long ways went to seven countries, and ended up people that a person would ever want from delivering yourself and your com- in Lebanon. At that time Members to meet. They work long hours, they munity from hatred because fear is an may recall, the Israelis were bombing work hard, and are devoted to their ingredient into hatred. If you can move Beirut in the summer of 1982. Arafat constituents, to the issues they care away from hatred, you can move away was confined in an underground bunk- about, and to their party for the most from violence, and violence often mani- er, which I was taken to to meet him, part. They do good work for this coun- fests itself, in our business, in war. with a few other Members of Congress, try, and it has been a joy to have cre- I am very much concerned about the and it looked like his time was just ated so many friendships over the state of our planet from a variety of as- about up, and this was 20 years ago. years, and I hope to maintain those to pects, but I will say this in conclusion. This was a brutal civil war in Lebanon the extent that I can in the coming I have never seen in my 30 years of pub- in which tens of thousands of people years. To them, thank you for your lic life the international community as were lost, and much violence accrued kindnesses and courtesies. brittle as it is. It is almost as if on a to not only the Lebanese people, but And to my party, thank you for giv- hair trigger. I wake up to public radio, other people in the region. ing me the opportunity to serve in and the conflicts are raw, bitter, more I remember one particular evening I your leadership. I spent about half of frequent, and they seem more intrac- was having dinner at the American am- my political career in the leadership table. bassador’s residence to Lebanon and here in the House, and it is a gift. It is I am generally an optimist, but I the residence overlooked the city and I a very special gift. I will always be have found myself over the last couple was eating outdoors with the Prime grateful for that opportunity. I thank of years, particularly on the inter- Minister of Lebanon, Bashir Gemayel. my colleagues for it. national scene, becoming more and His father, Pierre, had been head of the Let me say this to my constituents more pessimistic. While I know these clan, and also Amin Gemayel. The con- from Macomb and St. Clair Counties, conflicts in the Middle East and even versation became very tough and very

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00083 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.038 H22PT1 H9120 CONGRESSIONAL RECORD — HOUSE November 22, 2002 accusatory with respect to who was to abate, but we have to start to talk to this story in Afghanistan. They know blame for what was going on just below each other. Violence and war is not the this story in Tajikistan. They know us in the city. only answer. this story in Syria. They know this Some ugly words were spoken, and I I do not stand here as a pacifist. I story in Yemen. They know this story said to myself that evening, this is was supportive of our efforts during the about 50,000 children dying pre- never going to end. The depth of hate last administration to stop the ethnic maturely in much of the world. We do and anger is so large, so deep, this is cleansing in the Balkans and worked not know this story here. going to go on and on and on, and it did very hard to get President Clinton in- Yet we sat on a committee, the go on for many years afterwards. volved in that situation. I have sup- United States representative sat on That evening after we were done with ported President Bush in his efforts in what they call a 621 committee, if I am our dinner, we walked to the edge of Afghanistan. But I want to say to you correct on the number. It does not the cliff that overlooked the city of this afternoon that I am so very fearful matter. It is a committee of five peo- Beirut, and we watched the Israelis that our engagement again in Iraq will ple, members of the Security Council, dropping fluorescent lighting over the lead to another generation. They may and they have to vote on what medi- city so they could pinpoint activity in not be necessarily in Iraq. They may be cine, what food, what equipment gets the city, and perhaps even bombing the in Nigeria. They may end up in Indo- to be sent into Iraq. They have done city. The next morning there was a lull nesia. Does the United States really this for 10 years. The United States has in the fighting, and I was walking want to take on a huge part of the been the representative on that com- through the city and I saw the cluster world? We have got to be able to talk mittee for the past 10 years that 98 per- bombs that were made by the United to each other. We could find ourselves cent of the time has said no to medi- States and dropped in these neighbor- fighting on seven or eight different cine, to food, to water pumps to fix hoods, and I walked to this one neigh- fronts in a very, very short time. their water systems. We have been the borhood and I saw this house smoul- So violence is not the answer. It is one who said no. They know this story. dering, and as I was standing by this discussion. I would encourage my col- We do not even know our own story house, a car came up with a father and leagues and the American public to be here. And it has led to such painful mother in the front seat, and three a little bit cautious about reading consequences for the innocent people of teenaged sons in the back seat. The fa- those individuals on war or listening to Iraq who do not want and do not care ther came over to where I was, and those individuals in our media on war for Saddam Hussein and want him out asked me who I was. And I told him I who have themselves refused to serve of there. They are suffering. All we was a United States congressman, and their country in time of war. The Rush have done is strengthen him because it I asked who he was. And he said, ‘‘This Limbaughs and the George Wills and has shifted the focus to our inability to is my home. It was bombed last night, the Cal Thomases, these are folks that deal justly with their lives. and I lost a child and my home.’’ I have not seen a war that they have not During the 1991 Gulf War, some of the commiserated with him and expressed liked in their careers. They believe in armored equipment and projectiles, my sorrow and sympathies. America using its power repeatedly, projectiles specifically that we de- He went back to his car and he told consistently, expressing itself through ployed, were coated with something his family who I was. One of the teen- its military might on every possible called uranium, depleted uranium. The aged sons in the back seat came out of occasion. reason they coat these projectiles is the car ran towards me, and started to If you read their writings, you will that uranium is hard, it can pierce attack me. He was pulled off. I had a find that. I choose them because they through tanks, but what they did not security person with me. He went back are three that stand out. We need to tell us was that once this uranium pro- to the car with his father. I will always have a more balanced perspective. If jectile hits a tank or an armored vehi- remember that because I am positive you watch the nightly news or the cle, it atomizes, it gets in the atmos- that young man went after me because cable news over particularly the last phere, it gets into people’s lungs, and he associated me, a United States con- couple of years, there is this frenzy to there has been a huge increase in leu- gressman, with the destruction of his outdo each other for ratings or for kemia and soft tissue sarcoma of chil- home and the loss of his sister. whatever it is, a hyping of the situa- dren in Iraq, 100, 120 percent, since this I think about that a lot because I tion, the war situation, in this in- war. They have the protocols to help wonder where those three teenaged stance, in Iraq. There is very little these young people, they are mostly boys in the back of that car, where did said, if anything said, about the hor- young people, I visited them in the hos- they end up? Did they end up as gue- rific implications of what our sanctions pitals when I was there, to help these rillas, as terrorists? What was their fu- have done to create the atmosphere, if people get through this difficult, life- ture going to be like? you will, for millions of people to dis- threatening disease, but the United Over the last 20 years, particularly trust the United States. States has denied the medicine to treat the last couple of years, it has been so I have said this before and I will say these young children. painful to know that some of our ac- it again, and I am not talking about I tell you these stories not because I tions, and I do not want to stand here just the Bush administration, the Clin- want to rag on the United States of and blame the United States because ton administration as well, our policy America. This is a good country. We do we are a good country and do great in Iraq led to the premature deaths of lots of good things around the world in things, but some of our actions have 50,000 children. 50,000 children. 50,000 a health care and education. But we can- led to this kind of estrangement, this year. Children who did not get the nu- not isolate ourselves the way we have kind of hopelessness, this kind of ter- trition they needed, mothers who did in this part of the world or in South ror-driven maniacal activity that is oc- not get the nutrition they needed and Asia or in other parts of the world and curring around the globe today. bore children with low birthweight. expect that the people are going to un- Those children died of respiratory derstand us and we them. b 1330 problems or they died of diarrhea So I would just conclude by saying That is why I voted against the Gulf which is rampant because they cannot that I hope that we will look at our na- War resolution 10 years ago in this get decent clean water because par- tional security concerns from that per- House of Representatives, or 11 years tially of the war and the bombings that spective as well. And then to finally ago, because I felt that that effort was occurred and the inability to get equip- end up, I am sounding like a Baptist going to lead to another generation of ment to fix the water treatment facili- preacher, I am saying finally and I am people who are going to be disillu- ties and the sanitation facilities. closing 20 times here to the gentle- sioned and who will strap something to 50,000 a year. Yes, that could be rec- woman from Texas, but to finally say themselves and walk into a building or tified through a couple of avenues. Sad- that our economic security is vitally a bus and blow themselves up. It has dam Hussein could deal with this prob- important as well. happened with much, much more fre- lem and so could the United States, but The gentlewoman from Texas (Ms. quency now. I do not know when it is no one has done it, and it has gotten JACKSON-LEE) addressed this in her going to abate or how it is going to worse and worse and worse. They know comments as did the gentleman from

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00084 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.040 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9121 Wisconsin (Mr. OBEY), the gentleman keep raising the issues and seeking to the process, especially those people from Michigan (Mr. LEVIN) and others educate the American population. that are not full Members of the House earlier. We cannot ignore those work- Lastly, I would say the tone that you like myself, as a delegate from the ter- ers in our country who have through no offered your message and your words ritory of Guam, take the time to shep- fault of their own been laid off or lost today should be applauded by all. You herd us through the process and pro- their jobs. We should have done the bill were encouraging, embracing and nur- vide guidance and support whenever before we left today. This is a Repub- turing. We thank you. What I would necessary. lican bill, for heaven’s sake. It was say to those who have debated this There were a number of points along signed off by DON NICKLES in the question of war, I would hope, and the way in which the assistance of the United States Senate. It was passed sometimes we are looked upon as being gentleman from Michigan was very unanimously over there. We are talk- frivolous, that we might debate the critical. I want to just recount two sto- ing about a million people running out question of peace, that there might be ries along those lines. One obviously of unemployment compensation bene- legislative initiatives that would talk was in the beginning of the 103rd Con- fits during a very important time of about generating peace and under- gress when the delegates of this House year for most people. This is a stimulus standing. I do not know if we have ever were granted a vote on the floor of the package in itself, a small one albeit, done that. I know there is a peace in- House under the Committee of the but needed for those devastated econo- stitute. Whole which was introduced as a rule mies in certain pockets of our country. I would encourage and simply ask the in the 103rd Congress. He stood by us We could have done this. There is no minority whip, the former minority and he was very strong on that. There reason we could not have done this. whip and the very helpful leader of this was a lot of internal debate within the But we did not. We did not do it. And Congress and this Nation, to continue Democratic Party caucus and, of so I hope the first order of business, to stay in the fight with your words course, it became a full blown national Mr. Speaker, will be this bill when the and wisdom on these issues, and maybe issue almost immediately, resulted in a new Congress resumes. we will get there someday, under- lawsuit and everything else, and prob- Finally, let me just say to you, Mr. standing that peace has a greater price ably even contributed to the demise of Speaker, and to Speaker HASTERT and maybe, but a greater return than any the majority by the Democrats in the my dear friend DICK GEPHARDT, whom I war that we could engage in. I yield 104th Congress. have had the honor of working with, I back to the gentleman with an enor- b 1345 thank you for your kindnesses over the mous thanks. years and your leadership. Both of your Mr. BONIOR. I thank my colleague But, true to his word, the gentleman staffs have been exceptionally wonder- for her lovely words. I wish her success from Michigan stood by the delegates; ful to me and to my staff. I thank you and happy Thanksgiving to you and and he stood by the fact that he felt, as for all the kindnesses that you have your family and to the staff as well. many of us U.S. citizens feel, that full shown me. I look forward to returning Bless you. representation in the House is not dependent upon payment of taxes but is those kindnesses in the years and f months ahead. dependent upon citizenship. He stood in I yield to the gentlewoman from RECALL DESIGNEE a very steadfast manner for all of us, Texas. The SPEAKER pro tempore (Mr. and we very much appreciated it. Ms. JACKSON-LEE of Texas. I thank KERNS). Without objection, and pursu- Then another part which is much less the gentleman for yielding. ant to section 2 of Senate Concurrent well-known, but I am willing to kind of Mr. Speaker, I did not leave the floor Resolution 160, the Chair announces talk about it a little bit now, was, in because I knew that the gentleman was the Speaker’s designation of Rep- organizing the Democratic Caucus going to give to this Congress an ora- resentative RICHARD K. ARMEY of Texas rules for the 104th Congress, some of tion or a message that we should not to act jointly with the majority leader the Members felt that the delegates miss. I just want to conclude to the of the Senate or his designee, in the had become albatrosses around the gentleman’s remarks by again thank- event of the death or inability of the neck of the Democratic Caucus, so that ing him for his service to America. And Speaker, to notify the Members of the one way they could perhaps, since the though you did not announce it your- House and the Senate, respectively, of Democrat delegates did not contribute self, many of us alluded to it, it is im- any reassembly under that concurrent to the winning of the speakership and portant to restate that you are a vet- resolution, and further, in the event of since they were part of the committee eran of wars. You did go to Vietnam. the death or inability of that designee, ratios, some Democratic Members felt You did serve your country in the the alternate Members of the House that perhaps it would be a good idea to United States military. listed in the letter bearing this date limit the delegates to one committee And so as you speak in concluding, that the Speaker has placed with the membership as opposed to two. The thanking your staff and those of us of Clerk are designated, in turn, for the reasoning for that was that since the your colleagues, you speak from what same purpose. party ratios had shifted and the Demo- you know. What I would like to offer to There was no objection. crats were now kind of in a tough situ- you is again an enormous thank you f ation trying to fight for seats on choice for educating us about the admonition committees, that if the delegates who of delivering us from fear and hatred STATUS AND LEGISLATIVE were not helpful in controlling the and war. We would do well in the next PRIORITIES OF GUAM House in any ways, if they were limited Congress to include you, encourage The SPEAKER pro tempore. Under to one committee assignment, perhaps you, and listen to you for the travels the Speaker’s announced policy of Jan- it would be of greater assistance to the that you have made, the insights that uary 3, 2001, the gentleman from Guam Democratic party. And again, of you have gathered. Might I make a (Mr. UNDERWOOD) is recognized for 60 course, I was part of a group that spoke commitment, and might I say that I minutes. out vigorously against that idea and have been very much instructed by Mr. UNDERWOOD. Mr. Speaker, first spoke to the meaning and the heart of your words, is that we will not give up of all, I want to congratulate the gen- what it meant to be a member of the on a vote and that is that a vote that tleman from Michigan (Mr. BONIOR) on Democratic party caucus; and again has seemingly given authority to go to an excellent career and express my pro- the gentleman from Michigan (Mr. war against Iraq. I always say to my found admiration for him and for his BONIOR) stood by those people who constituents, there was a vote, but work that he has done during the were basically without a voice in this likewise there were votes, plural, that course of his career. House. So I congratulate him on a ca- expressed a different perspective. Perhaps one of the most unknown di- reer well spent. I think it is important for those of us mensions of his role as a leader in the I am taking the time this afternoon who view this war as both untimely House of Representatives is his willing- in the last day of the 107th Congress for and as well ill-directed, to follow in ness to take the time to take newer the House of Representatives to simply your line of reasoning and, that is, to Members on and guide them through express my gratitude to the people of

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00085 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.042 H22PT1 H9122 CONGRESSIONAL RECORD — HOUSE November 22, 2002 Guam for allowing me the opportunity the Chamorro language and be ground- Cold War. As a result of that, that land to serve as their representative here ed in the experience of the people of was authorized to be taken by Con- for some 10 years, to thank my family, the island. gress; and it was given to the military my children, and especially my wife, But Guam is also enriched by new- government to figure out how to take Lorraine, for making possible this serv- comers, people who have brought their this land. ice, as well as my mother, who is 89 experiences to the island and continue Needless to say, the land was taken years of age and continues to be of en- to enrich it in ways in which the econ- under military government. Some- couragement and provide guidance and omy grows and social interaction times a military officer would be in wisdom in everything I do, as does my grows; and there is just a great deal of charge of taking the land, and then, if wife, Lorraine, and as do our five chil- social progress. To be sure, there are they had it adjudicated, it was a mili- dren, and also to express my gratitude always fits and starts in any kind of tary officer who was a judge, and it was to all the people who have supported conditions that obtain like that, but it a very closed system. So it led to much me in political endeavors over the is important to understand that it is a abuse, and it led to a lot of very odd years, including a recent campaign for very special place. situations in terms of land. governor of Guam which I did not pre- One of the things that people in So the return of Federal land has vail in, but certainly I wanted to take Guam sometimes feel is that they are been one of the most difficult and tor- the time to acknowledge their pres- isolated, and it is easy to sense that if tuous issues in Guam because the ma- ence. they see themselves as 9,000 miles from jority of original landowners are still In fact, one of my Underwood young Washington, D.C., and they are basi- very much with us today. And remem- adult leaders is here with us this after- cally almost in the middle of the Pa- ber the time when they signed papers noon; and she is a neighbor, actually. cific Ocean, but it is not. In reality, that said, do not worry, as soon as the She lives a couple of houses from us, Guam is one of the most strategic military no longer needs the land, it Allison Chamberlain; and it is a very pieces of real estate in the entire will be returned. Over the years the great honor and privilege to be allowed world. military has had the opportunity to re- to give this special order with her It is the first Pacific island to be set- turn land but never to the original present as well as my successor, Mad- tled by nonPacific islanders. In fact, in landowners; and, as a consequence, this eleine Bordallo, who is currently the Douglas Oliver’s work on Pacific Is- very difficult process has been part of Lieutenant Governor of Guam. lands, he begins the chapter on Guam the main issues that any delegate from One of the things that I try to re- by saying the rape of Oceania began Guam has had to deal with here in count is what 10 years of service in the with Guam. It was so-called Washington, D.C. House of Representatives means, but ‘‘discovered’’ by Ferdinand Magellan, The two pieces of legislation which I what I wanted to do was basically talk and it quickly became a way station moved through Congress, one is 103–339, a little bit about Guam, a little bit for the Manila Galleon. The Manila which returned 3,200 acres of excess about that service and a little bit Galleon was the ship that went be- lands to the people of Guam; and the about the experience of being a non- tween Acapulco, Mexico, and Manila on other is 106–504 passed in the last Con- voting delegate in the House of Rep- an annual basis and provided the core gress, the Guam Land Return Act, basi- resentatives. None of these three sto- of the Spanish empire imprint in the cally are connected. They demonstrate ries are really given much attention in Pacific for at least two to three cen- for each other how land is to be re- the context of national politics here in turies. It is also the only Pacific island turned to the people of Guam, and that Washington, D.C., and Guam is the far- that was taken by the United States as is that basically the 3,200 acres were to thest congressional district of any lo- a result of the Spanish American War. be returned to the government of cation. Sometimes people have a very Of course, it was occupied by the Jap- Guam before any other Federal agency, kind of romantic view as to what con- anese during World War II, and there is even though the land was accessed and stitutes Guam, and there are a whole a tragic story that was involved in that it was to be used for a public ben- lot of sentiments that go into that. that. It performed an important role in efit purpose and that public benefit One of the things that over the years both the Korean and Vietnam conflicts, purpose would be outlined in subse- of service that I had, and people in and today Guam is part of the global quent reports of land usage by the gov- every congressional district, I am sure, reach and power projection strategic ernment of Guam. have this sentiment, that they think picture of U.S. Armed Forces as they Those subsequent reports have in- that they are the center of the world, look to deal with the challenges that cluded the possibility of return to and I would go back home and people we confront in the 21st century. Guam original landowners through a locally would ask me, what do the people in is a critical part of that. constructed process of review called Congress feel about Guam? And I would Its importance is even more critical the Ancestral Lands Commission, and say, well, the good news is that they do now as we face challenges in the Asian- so today that process is in full swing. not feel badly about Guam. The bad Pacific region and even as we face the It is a legal process, and it is a process news is they do not feel particularly potential of conflict in Iraq. Guam will that has moved most of this land into good about Guam. The reality is just be a major throughway for any poten- the hands of the original landowners. that they do not feel much about Guam tial conflict in that part of the world. Since the 103–339 was for a specific because everyone here is elected to rep- Its history is unique. It is the only piece of property, 106–504 says that, in resent their own constituency and rep- U.S. territory to be occupied since the the future, if the Federal Government resent their own interests, and it is War of 1812, and as a result of a couple is in the position of having any excess only my responsibility to try to bring of things, the strategic importance of lands, that the government of Guam attention to the issues of Guam. Guam and the enemy occupation of will be treated as a Federal agency and But Guam is a very special place. Ob- Guam led to two main issues which be at the head of the line for land re- viously, it is the place of my birth, it have affected Guam politics since the turn. is the place where I grew up, it is the end of World War II. I am very happy This is such unprecedented legisla- place that has nurtured me and pro- to have worked on these two issues and tion that many other communities vided me the opportunity to rise not have provided a glide path, I think, for have tried to figure out how they can only in public service here in Wash- resolving these two issues which have get the same kind of legislation for ington, D.C., but also serve as an edu- been of significance in Guam politics their community, but of course no one cator for some 20 years, and they have since the end of World War II. had the exact same experience as the been supportive throughout the whole The first has to do with land. Guam people of Guam coming out of World process. It is grounded in the experi- is only 212 square miles. After World War II. As a consequence, it is in rec- ence of the indigenous people of the is- War II, the U.S. military took a great ognition of the unfair nature and the land, the Chamorro people, and I count deal of land, a little bit over half of the unjust nature of the land takings that myself to be fortunate amongst those land, as they tried to triangulate a occurred at the end of World War II people and to be part of a very special process of creating bases in order to that led to the possibility of Guam’s group of people that continue to speak deal with the Cold War, the emerging being treated as a Federal agency and

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00086 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.045 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9123 at the head of the line in return for ex- ian internment camps, either by Japan Yigo, massacres where people were be- cess lands which 106–504, the Guam or Germany during World War II, had a headed or machine gunned or had hand Land Return Act, posits. clear process through which to adju- grenades thrown at them. In the meantime, of course, we deal dicate their war claims. But the people Over the years, we have also been with many, many other land issues; of Guam did not have that process. It very proud of telling the story, the and we have to deal with them in terms led to some very, very interesting Guam story, through our activities of a declaration of critical habitat, anomalies; and I will just offer one here in Washington. Every year, I Fish and Wildlife Service, the applica- now. began with my service in 1993, we tion of the Endangered Species Act, My grandfather, James Holland began celebrating Guam Liberation monitoring the return of excess lands, Underwood, was taken by the Japanese Day with a ceremony, a wreath-laying working with the General Services Ad- off of the Island of Guam, even though at the Tomb of the Unknowns at Ar- ministration. All of this are part and he was a civilian, and put into a civil- lington National Cemetery; and we parcel of the portfolio of not just mak- ian internment camp, in Kobe, Japan. have done this consistently for 10 ing sure that these pieces of legislation He was covered by this legislation, years, trying to bring national atten- were passed but to make sure that they which meant that he could file a series tion to the Guam liberation experience are implemented in the spirit that they of claims based upon the legislation and the experience of the people of were intended, and that has provided a passed by Congress in 1948 and amended Guam during World War II. On the 50th anniversary of that expe- lot of work. It meant that we had to do in 1962, but his wife and his children rience in 1994, we were able to secure a lot of work as a congressional office, and all of his family who endured many full military honors for the 50th anni- and we are very satisfied with that more hardships under the Japanese oc- versary, including the presence of a work. cupation could not. number of secretaries, Cabinet secre- We are very content that we passed So that is the anomaly that pre- taries, and the chairman of the Joint two landmark pieces of legislation for sented itself as a result of the war. So, Chiefs of Staff and, of course, all Serv- that, but it does not mean that the as a consequence, the cry of war rep- ices being present. The most stirring arations or war claims has been part of struggle has ended, but it does mean part of it was the playing of the Guam the process and getting recognition for that the glide path and the ultimate hymn at Arlington National Cemetery. this experience, getting recognition for resolution of land issues is encased in Taking the time to not only learn what the unique experience of the people of Federal law, and that has occurred as a the Guam hymn was all about but to result of a great deal of work from my Guam during World War II. So my office has worked very dili- actually play it was a moment of pride office and the collaboration of local of- for those of us who had struggled to get gently on this. I think one of the first ficials as well. national attention. bills that we passed coming out, well, The other issue arising out of World But the greatest achievement we War II is war claims. The people of it was the very first bill I ever had any- have made in this occurred 3 days ago Guam at the time of the Japanese oc- thing to do with in the 103d Congress, with the passage of H.R. 308 in the Sen- cupation during World War II were not is 103–197, which creates the Asan Bay ate, and this is the Guam War Claims U.S. citizens, they were called nation- Memorial Wall which lists by name all Review Commission Act. For the first als, American nationals. That was a of the people from Guam who suffered time, we will have a commission which term of art meaning that they are not during World War II; and it has over will understand and look at the Guam really a foreigner but they are not a 10,000 names. It is on the wall in the war claims in light of all of the other citizen either. So the term ‘‘national’’ Pacific National Park that is in Guam, war claims that had been offered to was applied to the people of Guam, and and it is an unprecedented effort and American nationals and American citi- they were occupied during World War was an effort that the national park zens coming out of the war experience. II, and of course it really is the only did not want, so we had to move it into So that bill is now in. It passed the American territory that has been occu- law. I think it was entirely appropriate House last year, it passed the Senate pied since the War of 1812. So that ex- that the experiences of the Chamorro under a unanimous consent arrange- perience led to a piece of legislation people of Guam during the Japanese ment on Tuesday night. So we are sure called the Guam Meritorious Claims occupation be honored and recognized that President Bush will sign it be- Act which offered a tailor-made proc- this way, and it exists today as a result cause we had worked with the incom- ess by which the people of Guam could of this legislation. ing Bush administration at the time to file claims based on their war experi- When the World War II national me- make sure they understood it and they ence, and that war claim time period morial, the effort led by former Sen- support it. So we look forward to that existed for 1 year, from 1946 to 1947. ator Bob Dole, out here in the Mall was resolution and that commission so that This was at a time period when people envisioned, part of that was that they the people of Guam can tell their full were still recovering from the war. were going to create 50 columns, each story and so that full justice can be one to honor each State in the national b 1400 made on the basis of war claims. memorial for World War II. And what I Sometimes it is not really clearly un- It also posited that if you had any thought, of course, representing the derstood why the war claims arising claim that was over $5,000, you had to people of Guam, what an abomination out of the activities of Japan or Ger- make a personal appearance in Wash- that is. The only American territory many are addressed to the United ington, D.C., to adjudicate it. It was an occupied by the enemy during World States, as opposed to those countries. impossible process; and, as expected, War II would have not been recognized It is important to understand that the most people did not file claims; and in the national World War II Memorial, Japan-U.S. peace treaty in 1951 ab- some people could file a claim for because each of the 50 pillars was solved Japan of any individual claims, death and get $320. So it was, again, an- thought of as representing each of the and those claims are inherited by the other process that had simply fallen 50 States. U.S. Government. The thinking at the apart and did not satisfy the war So after a lot of floor speeches and a time, and it is still very much present claims. lot of work and a lot of appeals, the today, is that they would pay those Well, subsequent to that, in 1948 and World War II Memorial on the Mall claims out of funds that were con- then with a revision in 1962, the U.S. will include Guam, as well as the other fiscated as a result during World War II Congress passed laws related to war territories. But Guam, more so than I funds confiscated from Japanese com- claims for American citizens and na- think any other jurisdiction, because it panies, et cetera. It is simply standard tionals, but it excluded Guam from was the one area of the United States practice in peace treaties. participating in that process. As a con- that experienced enemy occupation But we also did other things as well. sequence, the claims resulting from during World War II. We tried to tell a little bit about the American citizens as a result of their We have also been able to include people of Guam, and we are certainly wartime experience, either as civilians memorials in the Department of De- proud of things that we were able to do or people in uniform, prisoners of war, fense authorization for massacres of to get some national recognition for or whether they were just put in civil- Chamorros which occurred at Fena and Guam.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00087 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.046 H22PT1 H9124 CONGRESSIONAL RECORD — HOUSE November 22, 2002 One of the most intractable prob- Guam, and people are very happy to b 1415 lems, and sometimes people do not see have these flags. We worked hard to make sure that this or do not experience it, is the We fought to be commemorated and people in uniform got the benefits that chewing of betel nut, pugua, pugua in to be included in the Commemorative they deserved. We did this not only the Chamorro language. It is a hard Coin Act. Every young person in Amer- through my work on the Committee on nut in the way that the Chamorros ica has these 50 quarters, commemora- Armed Services, but even on the MWR chew it, and it has been identified as a tive coin bills. Well, one of the things panel we tried to propose different carcinogenic by the Food and Drug Ad- is that, of course, the territories and things to make sure that, for example, ministration, and it is, consequently, a even the District of Columbia is not in- National Guard personnel would get banned substance. So since Guam is cluded in this. It is simply an over- full commissary privileges if they were outside of the U.S. Customs zone and sight, and it should be treated as an called up on a national emergency or a oversight, and that bill has passed the you come into the Customs zone, you federally-declared disaster. go through a Customs zone in Hawaii House twice. It has gone over to the So we continued to work hard to ben- and then an agricultural inspection. If Senate to languish. I regret to say that efit our people in uniform, because so they find betel nut on you, it is a it went over to the Senate, and it never many of our people in Guam joined the banned substance, and they take it passed. A Senator objected to it. This military, as well as we in Guam under- away. It is one of the most absolutely exercise in trying to get American stand the importance and the signifi- frustrating experiences for people from children to understand the fullness of cance of the military and our role in Guam, because people from Guam bring America was defeated by some kind of the world. betel nut to their relatives for personal narrow notion as to what includes We also work to continue to get peo- consumption, not out of the desire to America and what does not include ple to understand the military value of get everyone else inside the Customs America. Guam, even in the midst of negotia- zone to chew betel nut, I do not think Even in the stamp program, I had one tion, even in the midst of closing of it would be very popular, but simply as of the most outrageous experiences I bases, even in the midst of the A–76 have had as a Member of Congress, was a cultural practice. process, all of which were, in the main, when they created this 50-stamp pro- We did pass legislation in the House very painful for the people of Guam. gram commemorating each State, was that would eliminate this ban by the There was much discussion about clos- to try to find a way to get a Guam FDA, and when it went over to the Sen- ing various facilities in Guam. We were stamp and a stamp for the territories ate, I think it is one of the few times able to keep some of that from hap- or a stamp for the District of Colum- that the Food and Drug Administra- pening, but now that the whole process bia. I had a number of meetings with tion actually changed one of their rules has again been reevaluated, now sub- Post Office officials and one of them and exempted betel nut coming from marines are being homeported in told me, you know, one of the reasons Guam, so that the people from Guam Guam, and there is the likelihood of why we did 50 stamps is because it fits can now ship betel nut into the Cus- neatly. There is 50, it fits into 5 rows of military aircraft being stationed in toms zone or bring it in, as long as it 10, and I had never seen such disrespect Guam at Anderson Air Force Base, and is for personal consumption. The good or disregard again as to what con- we have been working very hard on news is we define personal consumption stitutes the fullness of America. that. as 5 pounds, which is a lot of betel nut. But, in any event, we continue to At the conclusion of this term in So we are very happy with that. The work on those, and they have not been Congress for myself, I wanted to take people of Guam who constantly ship successful. We understand that there an opportunity to talk a little bit betel nut to their relatives are very may be a stamp outline for Guam about some of those things that our of- happy about that. under the stamps that are usually used fice tried to do over the course of five We fought to get Guam recognized in to mail internationally, so we work on terms. But there is always something many other ways. One of the most in- that. that is going to be left undone, and teresting ways is we found out that the Every State in the Union has a street there are always a lot of things that re- time zone of Guam and the Northern named after it and the District of Co- main to be done. There will always be. Marianas is one of nine time zones that lumbia, and they are all usually diago- There will always be work for elected is under the U.S. flag that is unnamed, nals. I went to Madrid, Spain, a few officials, and there are always going to so we decided we would introduce a bill years ago; and I asked if there was a be issues that present and manifest to call it Chamorro Standard Time. It Guam street in Madrid, Spain. They themselves that need direct attention. was one of those bills that we did not proudly took me to the Guam Street in Although there is always one thing work hard on but, for some reason, it Madrid, Spain, because they said they that remains unfulfilled, in the end, I caught a lot of attention and the next wanted to recognize those areas that know this process will be completed, thing you know it became law. So we used to be a part of Spain. So, natu- and that is the political status of have a new time zone under the U.S. rally, when I came back, I asked that Guam. The political status of Guam is flag, and it is called Chamorro Stand- the District of Columbia create a Guam called unincorporated territory. What ard Time, and it is in honor of the in- Street. Given the nature of bureauc- that basically means legally is that we digenous people of Guam and the racy, I think we are almost there, but, are not fully a part of the United Northern Marianas. still, it is just another reminder again States, but the U.S. Congress has ple- Also in commemoration of the 100th sometimes about inclusion and trying nary power over the territories. anniversary of the centennial of Guam to be recognized as part of America. This is a quandary that small terri- being under the U.S. flag, at that time Of course, we worked hard over the tories particularly find themselves in I talked to Speaker Gingrich; and since years to try to get dignitaries to come because, unlike Puerto Rico, smaller he is an old history professor I tried to to Guam, and we are very fortunate territories do not really have the op- tell him and convince him that this that even President Bill Clinton came tion, or it is not a feasible political op- was an historical moment that we can- to Guam and a number of other secre- tion at this time, to aspire to state- not let pass and would he allow us to taries. We certainly hope that Presi- hood, so there are very few mecha- let us fly five Guam flags over the U.S. dent Bush during his tenure in office nisms by which we can have full par- Capitol in honor of that. He checked it will find the time to come to Guam. ticipation in American society, and out and he said, they never fly any Beyond that, we worked on military particularly in the laws that apply to other flag ceremonially other than the issues, we worked on issues that per- us. So that is also a concern. U.S. flag, but after a lot of discussion, tain to people in uniform, we fully There was a great movement towards we finally got him convinced. So I funded the Guam Readiness Center, we ‘‘commonwealth’’ in Guam that began think we are the only jurisdiction have gotten almost a half a billion dol- in the ’70s, and with some hope and as- other than the U.S. that has ever had lars of military construction for Guam piration, found its way into Congress flags flown over the Capitol. to not only help the economy but to in the late ’80s and into the ’90s, but as So we have those five flags, and of continue to cement the importance of time went on and as the economy went course they have gone to museums in Guam as a military location. bad in Guam and other things took

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00088 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.048 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9125 center stage, this effort to change the were always there for the people of OFFICE OF THE CLERK, political status of Guam has been put Guam. U.S. HOUSE OF REPRESENTATIVES, aside. List of staff members is as follows: Washington, DC, November 18, 2002. But like so many other things that Hon. J. DENNIS HASTERT, PERSONNEL LIST The Speaker, House of Representatives, are of fundamental, enduring political DC STAFF Washington, DC. importance and speak to the essence of Teresita P. Schroeder, Myat Moe Khaing, DEAR MR. SPEAKER: Pursuant to the per- who we are as a people and where we fit John J. Whitt, Angie P. Borja, David mission granted in Clause 2(h) of Rule II of into the body politic, this issue will Goodfriend, Keith Parsky, Andrea Williams, the Rules of the U.S. House of Representa- come back, and it will come back at Aric Noboa, Mark Jeffreys, Perfecto (Paul) tives, the Clerk received the following mes- sometime in the future. T. Galman, Mariel L. Loriega, Jed R. Bul- sage from the Secretary of the Senate on No- Lastly, I just wanted to talk a little lock, Nicholas J. Minella, Anthony M. vember 18, 2002 at 1:55 p.m.: bit about an item related to political Babauta, Esther Kiaaina, Jeannine Aguon, That the Senate passed without amend- Lisa Ann B. Pablo, Alice Taijeron. ment H.R. 2458. status; that is, occupying this position That the Senate passed without amend- GUAM that five other people basically hold in ment H.R. 5708. the House of Representatives, and that Darryl Taggerty, Annie A. Rivera, Jimmy That the Senate passed without amend- is being a delegate to the House of Rep- D. Iglesias, Phil T. Garcia, Vincent A. Leon ment H.R. 5716. resentatives. Guerrero, Shirley B. Balmeo, Joshua F. That the Senate agreed to conference re- The official title of this office is Tenorio, Mae C. Tenorio, Catherine S. Gault, port H.R. 4628. ‘‘nonvoting delegate to the U.S. House Paul A.P. Hattori, Donna F. Balbas, Joseph With best wishes, I am E. Duenas. of Representatives.’’ It is an inelegant Sincerely, I want to acknowledge the work of JEFF TRANDAHL, title. It is a title one is fully aware of Clerk of the House. when one aspires to office here. As we my office managers Annie Rivera and try to work on legislation here some- Angel Borja was worked loyally for the f times people say, oh, it is like trying entire time I was in office. SPECIAL ORDERS GRANTED to pass legislation with one hand tied f By unanimous consent, permission to behind our backs, or even with our address the House, following the legis- mouths taped shut. It is a very difficult REAPPOINTMENT AS MEMBER TO lative program and any special orders process, because we are not representa- COORDINATING COUNCIL ON JU- heretofore entered, was granted to: tives. We are not fully a Member of the VENILE JUSTICE AND DELIN- (The following Members (at the re- House of Representatives. There are QUENCY PREVENTION quest of Mr. HOYER) to revise and ex- costs that are attached to that. It is tend their remarks and include extra- The SPEAKER pro tempore (Mr. the situation we are confronted with. neous material:) KERNS). Without objection, pursuant to Nevertheless, I think most delegates Mr. HOYER, for 5 minutes, today. Section 206 of the Juvenile Justice and find a way to still find a fulfilling ca- Ms. JACKSON-LEE of Texas, for 5 min- Delinquency Prevention Act of 1974 (42 reer as they try to fulfill the aspira- utes, today. tions and meet the needs of their peo- U.S.C. 5616) and upon the recommenda- f ple. However, a day does not go by in tion of the minority leader, the Chair this House of Representatives that we announces the Speaker’s reappoint- SENATE BILLS REFERRED are not reminded in some way about ment of the following member on the Bills of the Senate of the following the unique status that we have and the part of the House to the Coordinating titles were taken from the Speaker’s unique role that we play in this proc- Council on Juvenile Justice and Delin- table and, under the rule, referred as ess; that is, basically representing a quency Prevention to a 2-year term: follows: Mr. Gordon A. Martin, Roxbury, Mas- constituency for whom their political S. 12. An act to amend the Peace Corps Act future is unclear, and for whom they sachusetts. to promote global acceptance of the prin- have most of the obligations of Amer- There was no objection. ciples of international peace and nonviolent ican citizenship, they must obey Fed- coexistence among peoples of diverse cul- f eral laws, they join the military, they tures and systems of government, and for other purposes; to the Committee on Inter- have a commander in chief for whom A HAPPY BIRTHDAY WISH TO they cannot vote, and they have a Rep- national Relations. SCOTT PALMER S. 13. An act to extend authorization for resentative in the House of Representa- the national flood insurance program; to the (Without objection, Mr. ARMEY was tives who cannot vote for them when- Committee on Financial Services. ever any piece of Federal legislation given permission to address the House S. 14. An act to amend the Agricultural Ad- passes through here, but for which they for 1 minute and to revise and extend justment Act of 1938 to extend the farm re- must obey the law, in any event. his remarks.) constitution provision to the 2003 and 2004 It is not a comfortable situation to Mr. ARMEY. Mr. Speaker, before we crops; to the Committee on Agriculture. be in and it is not a fulfilling situation adjourn for the year, I would like to S. 606. An act to provide additional author- to be in. In many ways, one cannot go take a moment to wish Scott Palmer, ity to the Office of Ombudsman of the Envi- ronmental Protection Agency; to the Com- the whole day here in the House with- Speaker HASTERT’s chief of staff, a very happy birthday today. mittee on Energy and Commerce. out being reminded about it. S. 1340. An act to amend the Indian Land I have enjoyed the time I have had Consolidation Act to provide for probate re- f here, and I certainly enjoyed the time form with respect to trust or restricted working with other Members of the lands; to the Committee on Resources. House of Representatives. I certainly CORRECTION TO THE CONGRES- S. 1816. An act to provide for the continu- hope that the people of Guam wish my SIONAL RECORD OF TUESDAY, ation of higher education through the con- successor, Madeleine Bordallo, all the NOVEMBER 19, 2002, AT PAGE veyance of certain public lands in the State success in the world. I certainly hope H9028 of Alaska to the University of Alaska, and for other purposes; to the Committee on Re- that the Members of this body will ex- The following letter is a corrected sources. tend to her every courtesy that has version submitted by the Clerk of the S. 2063. An act to authorize the Secretary been extended to me. House. of Agriculture to sell or exchange all or part I also thank all of my staff who have of certain administrative sites and other helped me through these 10 years. I f land in the Ozark-St. Francis and Ouachita want to make special mention of my National Forests and to use funds derived current Chief of Staff, Esther Kiaaina; COMMUNICATION FROM THE from the sale or exchange to acquire, con- and my previous Chief of Staff, Terry CLERK OF THE HOUSE struct, or improve administrative sites; to the Committee on Agriculture. Schroeder; and my district director, The SPEAKER pro tempore laid be- S. 2222. An act to resolve certain convey- Vince Leon Guerrero, for the kind of fore the House the following commu- ances and provide for alternative land selec- steadfast loyalty and efforts they have nication from the Clerk of the House of tions under the Alaska Native Claims Settle- made in making sure that our offices Representatives: ment Act related to Cape Fox Corporation

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00089 Fmt 4636 Sfmt 0634 E:\CR\FM\K22NO7.050 H22PT1 H9126 CONGRESSIONAL RECORD — HOUSE November 22, 2002 and Sealaska Corporation, and for other pur- sented to the President of the United table Programs, Department of Agriculture, poses; to the Committee on Resources. States, for his approval, the following transmitting the Department’s final rule — S. 2670. An act to establish Institutes to bills. Oranges, Grapefruit, Tangerines, and Tan- conduct research on the prevention of, and gelos Grown in Florida; Limiting the Volume restoration from, wildfires in forest and H.J. Res. 124. Making further continuing of Small Red Seedless Grapefruit [Docket woodland ecosystems of the interior West; to appropriations for the fiscal year 2003, and No. FV02-905-5 FIR] received November 22, the Committee on Resources, in addition to for other purposes. 2002,, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee on Agriculture for a period to H.R. 2621. To amend title 18, United States Committee on Agriculture. be subsequently determined by the Speaker, Code, with respect to consumer product pro- 10166. A letter from the Administrator, Ag- in each case for consideration of such provi- tection. ricultural Marketing Service, Fruit and Veg- sions as fall within the jurisdiction of the H.R. 3758. For the relief of So Hyun Jun. etable Programs, Department of Agriculture, committee concerned. H.R. 3988. To amend title 36, United States transmitting the Department’s final rule — S. 2711. An act to reauthorize and improve Code, to clarify the requirements for eligi- Walnuts Grown in California; Decreased As- programs relating to Native Americans; to bility in the American Legion. sessment Rate [Docket No. FV02-984-1 IFR] the Committee on Resources. H.R. 4727. To reauthorize the national dam received November 22, 2002, pursuant to 5 S. 2872. An act to reinstate and extend the safety program, and for other purposes. U.S.C. 801(a)(1)(A); to the Committee on Ag- deadline for commencement of construction H.R. 5590. To amend title 10, United States riculture. of a hydroelectric project in the State of Illi- Code, to provide for the enforcement and ef- 10167. A letter from the Administrator, Ag- nois; to the Committee on Energy and Com- fectiveness of civilian orders of protection on ricultural Marketing Service, Fruit and Veg- merce. military installations. etable Programs, Department of Agriculture, S. 3079. An act to authorize the issuance of H.R. 5708. To reduce preexisting PAYGO transmitting the Department’s final rule — immigrant visas to, and the admission to the balances, and for other purposes. Dried Prunes Produced in California; De- United States for permanent residence of, H.R. 5716. ‘‘Mental Health Parity Reau- creased Assessment Rate [Docket No. FV02- certain scientists, engineers, and technicians thorization Act of 2002’’. 993-4 FIR] received November 22, 2002, who have worked in Iraqi weapons of mass pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- destruction programs; to the Committee on f mittee on Agriculture. the Judiciary. SINE DIE ADJOURNMENT 10168. A letter from the Administrator, Ag- f ricultural Marketing Service, Fruit and Veg- Mr. ARMEY. Mr. Speaker, pursuant etable Programs, Department of Agriculture, ENROLLED BILLS SIGNED to Senate Concurrent Resolution 160, transmitting the Department’s final rule — Mr. Trandahl, Clerk of the House, re- the 107th Congress, I move that the Kiwifruit Grown in California; Relaxation of ported and found truly enrolled bills House do now adjourn sine die. Pack and Container Requirements received and joint resolution of the House of the The motion was agreed to. November 22, 2002, pursuant to 5 U.S.C. following titles, which were thereupon 801(a)(1)(A); to the Committee on Agri- The SPEAKER pro tempore. In ac- culture. signed by the Speaker: cordance with Senate Concurrent Reso- 10169. A letter from the Under Secretary, H.R. 3210. An act to ensure the continued lution 160, 107th Congress, the Chair de- Department of Defense, transmitting revi- financial capacity of insurers to provide cov- clares the 2nd Session of the 107th Con- sions to the National Defense Stockpile An- erage for risks from terrorism. gress adjourned sine die. nual Materials Plan (AMP) for fiscal year H.R. 3833. An act to facilitate the creation Thereupon (at 2 o’clock and 23 min- 2003, pursuant to 50 U.S.C. 98h—5; to the of a new, second-level Internet domain with- Committee on Armed Services. in the United States country code domain utes p.m.), pursuant to Senate Concur- 10170. A letter from the Assistant Sec- that will be a haven for material that pro- rent Resolution 160, the House ad- retary, Department of Defense, transmitting motes positive experiences for children and journed. a report on Medical Informatics required by families using the Internet, provides a safe Section 753, National Defense Authorization f online environment for children, and helps to Act for FY 2001; to the Committee on Armed prevent children from being exposed to EXECUTIVE COMMUNICATIONS, Services. harmful material on the Internet, and for ETC. 10171. A letter from the Vice Chairman, Ex- other purposes. port-Import Bank, transmitting a report on H.R. 5005. An act to establish the Depart- Under clause 8 of rule XII, executive transactions involving U.S. exports to South ment of Homeland Security, and for other communications were taken from the Africa pursuant to Section 2(b)(3) of the Ex- purposes. Speaker’s table and referred as follows: port-Import Bank Act of 1945, as amended; to H.R. 5469. An act to amend title 17, United 10161. A letter from the Administrator, Ag- the Committee on Financial Services. States Code, with respect to the statutory li- 10172. A letter from the Director, Office of ricultural Marketing Service, Fruit and Veg- cense for webcasting, and for other purposes. Management and Budget, transmitting ap- etable Programs, Department of Agriculture, H.J. Res. 117. Joint resolution approving propriations reports containing OMB cost es- transmitting the Department’s final rule — the location of the commemorative work in timates; to the Committee on the Budget. the District of Columbia honoring former Irish Potatoes Grown in Colorado; Reduction 10173. A letter from the Secretary, Depart- President John Adams. of Membership on the Area No. 3 Colorado ment of Education, transmitting Final Regu- Potato Administrative Committee [Docket f lations —— Adjustment of Civil Monetary No. FV02-948-2 FR] received November 19, Penalties for Inflation, pursuant to 20 U.S.C. SENATE ENROLLED BILL SIGNED 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1232(f); to the Committee on Education and The SPEAKER announced his signa- Committee on Agriculture. the Workforce. ture to enrolled bills of the Senate of 10162. A letter from the Administrator, De- 10174. A letter from the Secretary, Depart- partment of Agriculture, transmitting the the following titles: ment of Education, transmitting a follow-up Department’s final rule — Apple; Grade report pursuant to section 6(b) of the Federal S. 1240. An act to provide for the acquisi- Standards [Docket No. FV-98-3 03] received Advisory Committee Act, as amended; to the tion of land and construction of an inter- November 22, 2002, pursuant to 5 U.S.C. Committee on Education and the Workforce. agency administrative and visitor facility at 801(a)(1)(A); to the Committee on Agri- 10175. A letter from the Assistant Sec- the entrance to American Fork Canyon, culture. retary, Department of Education, Utah, and for other purposes. 10163. A letter from the Administrator, transmitting the Department’s final rule — S. 2237. An act to amend title 38, United Dairy Programs, Department of Agriculture, Student Assistance General Provisions — re- States Code, to improve authorities of the transmitting the Department’s final rule — Department of Veterans Affairs relating to ceived November 19, 2002, pursuant to 5 Milk in the Pacific Northwest Marketing U.S.C. 801(a)(1)(A); to the Committee on Edu- veterans’ compensation, dependency and in- Area; Interim Order Amending the Order demnity compensation, and pension benefits, cation and the Workforce. [Doc. No. AO-368-A29; DA-01-06] received No- 10176. A letter from the Secretary, Depart- education benefits, housing benefits, memo- vember 22, 2002, pursuant to 5 U.S.C. ment of Education, transmitting the Depart- rial affairs benefits, life insurance benefits, 801(a)(1)(A); to the Committee on Agri- ment’s final rule — Federal Student Aid Pro- and certain other benefits for veterans, to culture. grams (RIN: 1845-AA23) received November improve the administration of benefits for 10164. A letter from the Administrator, To- veterans, to make improvements in proce- 19, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to bacco Programs, Department of Agriculture, dures relating to judicial review of veterans’ the Committee on Education and the Work- transmitting the Department’s final rule — claims for benefits, and for other purposes. force. Tobacco Inspection; Mandatory Grading 10177. A letter from the Acting General f [Docket No. TB-02-11] (RIN: 0581-AC20) re- Counsel, Consumer Product Safety BILLS PRESENTED TO THE ceived November 22, 2002, pursuant to 5 Commission, transmitting the Commission’s PRESIDENT U.S.C. 801(a)(1)(A); to the Committee on Ag- final rule — Poison Prevention Packaging riculture. Requirements; Exemption of Hormone Re- Jeff Trandahl, Clerk of the House re- 10165. A letter from the Administrator, Ag- placement Therapy Products — received No- ports that on November 21, 2002 he pre- riculture Marketing Service, Fruit and Vege- vember 22, 2002, pursuant to 5 U.S.C.

VerDate 0ct 31 2002 02:40 Nov 23, 2002 Jkt 019060 PO 00000 Frm 00090 Fmt 4636 Sfmt 0634 E:\CR\FM\A22NO7.026 H22PT1 November 22, 2002 CONGRESSIONAL RECORD — HOUSE H9127 801(a)(1)(A); to the Committee on Energy and State, transmitting certification of a pro- 10200. A letter from the Director, Office of Commerce. posed license for the export of defense arti- Surface Mining, Department of the Interior, 10178. A letter from the Director, Office of cles or defense services sold commercially transmitting the Department’s final rule — Civilian Radioactive Waste Management, De- under a contract to Indonesia, Canada and Louisiana Regulatory Program [LA-022-FOR] partment of Energy, transmitting the eight- France [Transmittal No. DTC 177-02], received November 19, 2002, pursuant to 5 eenth Annual Report on the activities and pursuant to 22 U.S.C. 2776(c); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Re- expenditures of the Office of Civilian Radio- mittee on International Relations. sources. active Waste Management, pursuant to 31 10188. A letter from the Assistant Sec- 10201. A letter from the Deputy Assistant U.S.C. 3512(c)(3); to the Committee on En- retary for Legislative Affairs, Department of Secretary, Fish and Wildlife and Parks, De- ergy and Commerce. State, transmitting the Department’s final partment of the Interior, transmitting the 10179. A letter from the Director, Regula- rule — Amendment to the International Department’s final rule — Special Regula- tions Policy and Management Staff, Depart- Traffic in Arms Regulations United States tions; Areas of the National Park System ment of Health and Human Services, trans- Munitions List — received November 19, 2002, (RIN: 1024-AD06) received November 21, 2002, mitting the Department’s final rule — Med- pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the ical Devices; Ear, Nose, and Throat Devices; Committee on International Relations. Committee on Resources. Classification of the Transcutaneous Air 10189. A letter from the Assistant Sec- 10202. A letter from the Deputy Assistant Conduction Hearing Aid System [Docket No. retary for Legislative Affairs, Department of Administrator for Regulatory Programs, 02P-0241] received November 19, 2002, pursu- State, transmitting a report regarding ef- NMFS, National Oceanic and Atmospheric ant to 5 U.S.C. 801(a)(1)(A); to the Committee forts to promote Israel’s diplomatic rela- Administration, transmitting the Adminis- on Energy and Commerce. tions with other countries; to the Committee tration’s final rule — Fisheries of the North- 10180. A letter from the Attorney Advisor, on International Relations. eastern United States; Magnuson-Stevens NHTSA, Department of Transportation, 10190. A letter from the Assistant Sec- Fishery Conservation and Management Act transmitting the Department’s final rule — retary for Legislative Affairs, Department of Provisions; Monkfish Fishery [Docket No. Tire Safety Information [Docket No. State, transmitting the first annual report 020329075-2124-03; I.D. 031902E] (RIN: 0648- NHTSA-0 2-13678] (RIN: 2127-AI32) received on the Benjamin A. Gilman International AP11) received November 19, 2002, pursuant November 22, 2002, pursuant to 5 U.S.C. Scholarship Program; to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and International Relations. Resources. Commerce. 10191. A letter from the Chairman, United 10203. A letter from the Chairman and CEO, 10181. A letter from the Acting Principal States Advisory Commission on Public Di- Farm Credit Administration, transmitting Deputy Associate Administrator, plomacy, transmitting the Commission’s re- the Administration’s final rule — Rules of Environmental Protection Agency, transmit- port entitled, ‘‘Building America’s Public Di- Practice and Procedure; Adjusting Civil ting the Agency’s final rule — Approval and plomacy through a Reformed Structure and Money Penalties for Inflation (RIN: 3052- Promulgation of Air Quality Implementa- Additional Resources’’; to the Committee on AC12) received November 19, 2002, pursuant tion Plans; Six Control Measures to Meet International Relations. to 5 U.S.C. 801(a)(1)(A); to the Committee on EPA-Identified Shortfalls in Delaware,s One- 10192. A letter from the Chairman, Board of the Judiciary. 10204. A letter from the Chief, Regulations Hour Ozone Attainment Demonstration Governors of the Federal Reserve System, and Administrative Law, USCG, Department [DE061-DE066-1036; FRL-7411-3] received No- transmitting the semiannual report on the of Transportation, transmitting the Depart- vember 19, 2002, pursuant to 5 U.S.C. activities of the Office of Inspector General, ment’s final rule — Drawbridge Operation 801(a)(1)(A); to the Committee on Energy and pursuant to 5 U.S.C. app. (Insp. Gen. Act) Regulation; Portage Bayou, Pass Christian, Commerce. section 5(b); to the Committee on Govern- MS [CGD08-02-030] (RIN: 2115-AE47) received 10182. A letter from the Acting Principal ment Reform. November 14, 2002, pursuant to 5 U.S.C. Deputy Associate Administrator, 10193. A letter from the Director of Con- 801(a)(1)(A); to the Committee on Transpor- Environmental Protection Agency, transmit- gressional Affairs, Central Intelligence tation and Infrastructure. ting the Agency’s final rule — Approval and Agency, transmitting a report pursuant to 10205. A letter from the Acting Under Sec- Promulgation of Implementation Plans; the Federal Vacancies Reform Act of 1998; to retary of Transportation for Security, De- State of Missouri [MO 164-1164a; FRL 7412-4] the Committee on Government Reform. partment of Transportation, transmitting a received November 19, 2002, pursuant to 5 10194. A letter from the Secretary, Depart- letter pursuant to Section 110(c)(2) of the U.S.C. 801(a)(1)(A); to the Committee on En- ment of the Treasury, transmitting the De- Aviation and Transportation Security Act; ergy and Commerce. partment’s Performance and Accountability to the Committee on Transportation and In- 10183. A letter from the Acting Principal Report for FY 2002; to the Committee on frastructure. Deputy Associate Administrator, Government Reform. 10206. A letter from the Attorney/Advisor, Environmental Protection Agency, transmit- 10195. A letter from the Chief, Regulations Bureau of Transportation Statistics, Depart- ting the Agency’s final rule — Approval and Unit, Internal Revenue Service, transmitting ment of Transportation, transmitting the Promulgation of Implementation Plans and the Service’s final rule — Statement of Pro- Department’s final rule — Reporting the Operating Permits Program; State of Mis- cedural Rules [REG-251003-96] (RIN: 1545- Causes of Airline Delays and Cancellations souri [MO 166-1166a; FRL-7412-1] received No- AR99) received November 21, 2002, pursuant under 14 CFR Part 234 [Docket No. OST 2000- vember 19, 2002, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 8164] (RIN: 2139-AA09) received November 22, 801(a)(1)(A); to the Committee on Energy and Government Reform. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce. 10196. A letter from the Senior Deputy Committee on Transportation and Infra- 10184. A letter from the Acting Principal Chairman, National Endowment for the Arts, structure. Deputy Associate Administrator, transmitting 2002 FAIR Act Inventory of Ac- 10207. A letter from the Regulations Offi- Environomental Protection Agency, trans- tivities; to the Committee on Government cer, FHWA, Department of Transportation, mitting the Agency’s final rule — Approval Reform. transmitting the Department’s final rule — and Promulgation of Air Quality Implemen- 10197. A letter from the Senior Deputy Traffic Control Devices on Federal-Aid and tation Plans; Montana; State Chairman, National Endowment for the Arts, Other Streets and Highways; Color Specifica- Implementation Plan Correction [SIP No. transmitting the semiannual report of the tions for Retroreflective Sign and Pavement MT23-1-6402; FRL-7412-2] received November Inspector General for the period April 1 Marking Materials [FHWA Docket No. 19, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to through September 30, 2002 and the semi- FHWA-99-6190] (RIN: 2125-AE67) received No- the Committee on Energy and Commerce. annual report on Final Action for the Na- vember 22, 2002, pursuant to 5 U.S.C. 10185. A letter from the Director, Office of tional Endowment for the Arts, pursuant to 801(a)(1)(A); to the Committee on Transpor- Congressional Affairs, Nuclear Regulatory 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to tation and Infrastructure. Commission, transmitting the Commission’s the Committee on Government Reform. 10208. A letter from the Secretary, Depart- final rule — List of Approved Spent Fuel 10198. A letter from the Acting Special ment of Commerce, transmitting the 2002 Storage Casks: VSC-24 Revision (RIN: 3150- Counsel, Office of Special Counsel, transmit- summary report on federal laboratory tech- AH05) received November 19, 2002, pursuant ting the FY 2002 Annual Report on the Agen- nology transfer; to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on cy Management of Commercial Activities; to Science. Energy and Commerce. the Committee on Government Reform. 10209. A letter from the Acting Deputy 10186. A letter from the Acting Director, 10199. A letter from the Director, Fish and General Counsel, Small Business Defense Security Cooperation Agency, trans- Wildlife Service, Department of the Interior, Administration, transmitting the Adminis- mitting notification concerning the Depart- transmitting the Department’s final rule — tration’s final rule — Small Business Size ment of the Navy’s Proposed Letter(s) of Endangered and Threatened Wildlife and Standards; Adoption of Size Standards by Offer and Acceptance (LOA) to the Taipei Plants; Determination of Endangered Status 2002 North American Industry Classification Economic and Cultural Representative Office for Lomatium cookii (Cook’s Lomatium) and System for Size Standards (RIN: 3245-AF00) in the United States (Transmittal No. 03-03), Limnanthes floccosa ssp. grandiflora (Large- received November 19, 2002, pursuant to 5 pursuant to 22 U.S.C. 2776(b); to the Com- flowered Woolly Meadowfoam) from South- U.S.C. 801(a)(1)(A); to the Committee on mittee on International Relations. ern Oregon (RIN: 1018-AF84) received Novem- Small Business. 10187. A letter from the Assistant Sec- ber 22, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); 10210. A letter from the Assistant Sec- retary for Legislative Affairs, Department of to the Committee on Resources. retary for Employment and Training,

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Department of Labor, transmitting the De- By Mr. THOMAS: H.R. 1319: Mr. PRICE of North Carolina. partment’s final rule — Operating H.R. 5763. A bill to amend the Internal Rev- H.R. 1602: Mr. WILSON of South Carolina. Instructions for Implementing the Amend- enue Code of 1986 to provide fairness in tax H.R. 1613: Ms. NORTON and Mr. GORDON. ments to the Trade Act of 1974 Enacted by collection procedures and improved adminis- H.R. 1774: Mr. HEFLEY. the Trade Act of 2002 — received November trative efficiency and confidentiality and to H.R. 2380: Mr. BAIRD and Mr. BLUEMNAUER. 19, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to reform its penalty and interest provisions; to H.R. 3132: Mr. MENENDEZ and Mr. the Committee on Ways and Means. the Committee on Ways and Means. BOEHLERT. 10211. A letter from the United States By Mr. ETHERIDGE: Trade Representative, Executive Office of H.R. 3414: Ms. LOFGREN. H.R. 5764. A bill to provide for the resolu- H.R. 4646: Ms. ESHOO. the President, transmitting notification that tion of certain labor issues relating to the H.R. 4763: Ms. ESHOO and Mr. QUINN. the President intends to initiate negotia- merger of the Metro-North Railroad and the H.R. 5257: Mr. HEFLEY. tions for a free trade agreement with Aus- Long Island Rail Road; to the Committee on H.R. 5411: Mr. STRICKLAND. tralia; to the Committee on Ways and Transportation and Infrastructure. H.R. 5421: Mr. BOOZMAN, Mr. STUPAK, Mrs. Means. By Mr. ISRAEL: 10212. A letter from the Chief, Regulations JO ANN DAVIS of Virginia, Mr. PICKERING, H.R. 5765. A bill to promote global efforts Unit, Internal Revenue Service, transmitting Mr. STRICKLAND, Mr. MCINTYRE, Mr. to protect biological diversity by protecting the Service’s final rule — Determination of RAMSTAD, Mr. ANDREWS, Mr. GRAHAM, Mr. the Tongass Rain Forest in the Tongass Na- Issue Price in the Case of Certain Debt In- MOORE, and Mr. GREEN of Wisconsin. tional Forest, to designate the Duke Island struments Issued for Property (Rev. Rul. H.R. 5433. Mr. ROSS. 2002-81) received November 21, 2002, pursuant Trumpeter Swan Wilderness Area, and for other purposes; to the Committee on Re- H.R. 5502: Mr. MORAN of Virginia and Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on SMITH of Washington. Ways and Means. sources. By Ms. KILPATRICK: H.R. 5544: Ms. RIVERS and Mr. KENNEDY of 10213. A letter from the Chief, Regulations Rhode Island. Unit, Internal Revenue Service, transmitting H.R. 5766. A bill to create Federal adver- H.R. 5600: Mr. PALLONE. the Service’s final rule — Treatment of tising procurement opportunities for minor- H.R. 5644: Ms. WATSON. Loans with Below-Market Interest Rates ity business concerns, and for other pur- (Rev. Rul. 2002-78) received November 21, poses; to the Committee on Government Re- H.R. 5649: Mr. PITTS. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the form, and in addition to the Committee on H.R. 5742: Mr. PASCRELL and Mr. SMITH of Committee on Ways and Means. Small Business, for a period to be subse- New Jersey. 10214. A letter from the Chief, Regulations quently determined by the Speaker, in each H. Con. Res. 164: Mr. MEEHAN. Unit, Internal Revenue Service, transmitting case for consideration of such provisions as H. Con. Res. 507: Mr. DREIER, Mr. HERGER, the Service’s final rule — Imposition of Tax fall within the jurisdiction of the committee and Mr. KIRK. (Rev. Rul. 2002-76) received November 21, concerned. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Ms. MILLENDER-MCDONALD: f Committee on Ways and Means. H.R. 5767. A bill to accelerate the effective 10215. A letter from the Chief, Regulations date for the expansion of the adoption tax Unit, Internal Revenue Service, transmitting credit and the adoption assistance programs PETITIONS, ETC. the Service’s final rule — Special Rules for by 1 year; to the Committee on Ways and Under clause 3 of rule XII, petitions Certain Transactions Where Stated Principal Means. and papers were laid on the clerk’s Amount Does Not Exceed $2,800,000. (Rev. By Mr. ISRAEL: Rul. 2002-79) received November 21, 2002, pur- H. Con. Res. 521. Concurrent resolution desk and referred as follows: suant to 5 U.S.C. 801(a)(1)(A); to the Com- urging the Government of Egypt and other 94. The SPEAKER presented a petition of mittee on Ways and Means. Arab governments not to allow their govern- the Board of Supervisors of Essex County, f ment-controlled television stations to New York, relative to Resolution No. 229 pe- broadcast any program that lends legitimacy titioning the United States Congress to sup- REPORTS OF COMMITTEES ON to the Protocols of the Elders of Zion, and port an increase in the Federal Medical As- PUBLIC BILLS AND RESOLUTIONS for other purposes; to the Committee on sistance Percentage to provide New York Under clause 2 of rule XIII, reports of International Relations. counties with medicaid relief; to the Com- mittee on Energy and Commerce. committees were delivered to the Clerk f for printing and reference to the proper 95. Also, a petition of Charles O. Porter, MEMORIALS Attorney at Law, a Citizen of Oregon, rel- calendar, as follows: ative to a Resolution petitioning the Con- Mr. BURTON: Committee on Government Under clause 3 of rule XII, gress of the United States to support a bill Reform. H.R. 4187. A bill to amend chapter 22 452. The SPEAKER presented a memorial entitled ‘‘The National Reconciliation Act’’; of title 44, United States Code, popularly of the Senate of the State of New Jersey, rel- to the Committeeon the Judiciary. known as the Presidential Records Act, to ative to Senate Resolution No. 77 memori- 96. Also, a petition of Larry Robinson, a establish procedures for the consideration of alizing the Congress of the United States to Citizen of Texas, relative to a Resolution pe- claims of constitutionally based privilege support construction of memorial at Gate- titioning the United States Congress regard- against disclosure of Presidential records; way National Recreation Area; to the Com- ing Case No. 97–51099, USDC A–97–CA–453 with an amendment (Rept. 107–790). Referred mittee on Resources. Larry D. Robinson v. State of Texas; to the to the Committee on the Whole House on the Committee on the Judiciary. State of the Union. f 97. Also, a petition of the City Council of f ADDITIONAL SPONSORS Galena City, Illinois, relative to Resolution PUBLIC BILLS AND RESOLUTIONS Under clause 7 of rule XII, sponsors No. 02–28 petitioning the United States Con- gress to support the construction of a 4-lane Under clause 2 of rule XII, public were added to the public bills and reso- highway between Galena and Freeport; to bills and resolutions were introduced lutions as follows: the Committee on Transportation and Infra- and severally referred, as follows: H.R. 122: Mr. JEFF MILLER of Florida. structure.

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