Amendment Text: S.Amdt.4681 — 107th Congress (2001-2002)

There is one version of the amendment.

Shown Here:
Amendment as Submitted (09/19/2002)

This Amendment appears on page S8937-8938 in the following article from the Congressional Record.


[Pages S8935-S8954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4679. Mr. INOUYE (for himself, Mr. Feingold, Ms. Collins, and Mr. 
Carper) submitted an amendment intended to be proposed to amendment SA 
4565 submitted by Mr. Feingold (for himself, Ms. Collins, and Mr. 
Carper) and intended to be proposed to the amendment SA 4471 proposed 
by Mr. Lieberman to the bill H.R. 5005, to establish the Department of 
Homeland Security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1, line 3, insert ``tribal,'' after ``state''.
       On page 1, line 6, insert ``, Tribal,'' after ``State''.
       On page 1, line 9, insert ``, tribal,'' after ``State''.
       On page 2, line 4, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 2, line 6, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 2, line 8, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 2, line 12, strike ``State and local government'' 
     and insert ``State, tribal, and local governments''.
       On page 2, line 16, insert ``, tribal,'' after ``State''.
       On page 2, line 17, insert ``and in each regional office of 
     the Bureau of Indian Affairs'' after ``States''.
       On page 2, line 24, insert ``, tribal,'' after ``State''.
       On page 3, line 2, insert ``, tribal,'' after ``State''.
       On page 3, line 5, insert ``, tribal,'' after ``State''.
       On page 3, strike lines 9 and 10 and insert the following:

     of Department priorities--
       (i) within each State and Indian tribe;
       (ii) between States;
       (iii) between Indian tribes; and
       (iv) between States and Indian tribes.
       On page 3, line 13, insert ``and for each regional office 
     of the Bureau of Indian Affairs'' after ``Columbia''.
       On page 3, line 16, insert ``, or for Indian tribes covered 
     by that regional office of the Bureau of Indian Affairs, as 
     the case may be'' after ``District''.
       On page 3, line 19, insert ``, tribal,'' after ``State''.
       On page 3, line 24, insert ``, tribal,'' after ``State''.
       On page 4, line 6, insert ``, tribal,'' after ``State''.
       On page 4, line 10, insert ``, tribal,'' after ``State''.
       On page 4, line 14, insert ``, tribal,'' after ``State''.
       On page 4, line 16, insert ``, tribal,'' after ``State''.
       On page 4, line 23, insert ``, tribal,'' after ``State''.
       On page 5, line 2, insert ``, tribal,'' after ``State''.
       On page 5, line 4, insert ``, tribal,'' after ``State''.
       On page 5, line 8, insert ``and Indian tribes'' after 
     ``States''.
       On page 5, line 13, insert ``, Tribal,'' after ``State,''.
       On page 5, line 17, insert ``, Tribal,'' after ``State''.
       On page 5, line 23, insert ``, tribal,'' after ``State''.
       On page 6, line 1, insert ``, tribal,'' after ``State''.
       On page 6, line 21, insert ``, Tribal,'' after ``State''.
       On page 9, line 14, insert ``, tribal,'' after ``State''.
                                 ______
                                 
  SA 4680. Mr. LEVIN (for himself, Mr. Grassley, Mr. Akaka, and Mr. 
Leahy) submitted an amendment intended to be proposed by him to the 
bill H.R. 5005, to establish the Department of Homeland Security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment insert the following:

 TITLE VI--PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL 
                               EMPLOYEES

     SEC. 601. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY 
                   FEDERAL EMPLOYEES.

       (a) Clarification of Disclosures Covered.--Section 
     2302(b)(8) of title 5, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation'';
       (2) in subparagraph (B)--
       (A) by striking ``which the employee or applicant 
     reasonably believes evidences'' and inserting ``, without 
     restriction to time, place, form, motive, context, or prior 
     disclosure made to any person by an employee or applicant, 
     including a disclosure made in the ordinary course of an 
     employee's duties, to the Special Counsel, or to the 
     Inspector General of an agency or another employee designated 
     by the head of the agency to receive such disclosures, of 
     information that the employee or applicant reasonably 
     believes is evidence of''; and
       (B) in clause (i), by striking ``a violation'' and 
     inserting ``any violation (other than a violation of this 
     section)''; and
       (3) by adding at the end the following:
       ``(C) a disclosure that--
       ``(i) is made by an employee or applicant of information 
     required by law or Executive order to be kept secret in the 
     interest of national defense or the conduct of foreign 
     affairs that the employee or applicant reasonably believes is 
     evidence of--

       ``(I) any violation of any law, rule, or regulation;
       ``(II) gross mismanagement, a gross waste of funds, an 
     abuse of authority, or a substantial and specific danger to 
     public health or safety; or
       ``(III) a false statement to Congress on an issue of 
     material fact; and

       ``(ii) is made to--

       ``(I) a member of a committee of Congress having a primary 
     responsibility for oversight of a department, agency, or 
     element of the Federal Government to which the disclosed 
     information relates and who is authorized to receive 
     information of the type disclosed;
       ``(II) any other Member of Congress who is authorized to 
     receive information of the type disclosed; or
       ``(III) an employee of the executive branch or Congress who 
     has the appropriate security

[[Page S8936]]

     clearance for access to the information disclosed.''.

       (b) Covered Disclosures.--Section 2302(b) of title 5, 
     United States Code, is amended--
       (1) in the matter following paragraph (12), by striking 
     ``This subsection'' and inserting the following:
       ``This subsection''; and
       (2) by adding at the end the following:
       ``In this subsection, the term `disclosure' means a formal 
     or informal communication or transmission.''.
       (c) Rebuttable Presumption.--Section 2302(b) of title 5, 
     United States Code, is amended by adding after the matter 
     following paragraph (12) (as amended by subsection (b) of 
     this section) the following:
       ``For purposes of paragraph (8), any presumption relating 
     to the performance of a duty by an employee who has authority 
     to take, direct others to take, recommend, or approve any 
     personnel action may be rebutted by substantial evidence.''.
       (d) Nondisclosure Policies, Forms, and Agreements; Security 
     Clearances; and Retaliatory Investigations.--
       (1) Personnel action.--Section 2302(a)(2)(A) of title 5, 
     United States Code, is amended--
       (A) in clause (x), by striking ``and'' after the semicolon; 
     and
       (B) by redesignating clause (xi) as clause (xiv) and 
     inserting after clause (x) the following:
       ``(xi) the implementation or enforcement of any 
     nondisclosure policy, form, or agreement;
       ``(xii) a suspension, revocation, or determination relating 
     to a security clearance;
       ``(xiii) an investigation of an employee or applicant for 
     employment because of any activity protected under this 
     section; and''.
       (2) Prohibited personnel practice.--Section 2302(b) of 
     title 5, United States Code, is amended--
       (A) in paragraph (11), by striking ``or'' at the end;
       (B) in paragraph (12), by striking the period and inserting 
     a semicolon; and
       (C) by inserting after paragraph (12) the following:
       ``(13) implement or enforce any nondisclosure policy, form, 
     or agreement, if such policy, form, or agreement does not 
     contain the following statement:
       `` `These provisions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code (governing disclosure to Congress by 
     members of the military); section 2302(b)(8) of title 5, 
     United States Code (governing disclosures of illegality, 
     waste, fraud, abuse, or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosures that could compromise national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). 
     The definitions, requirements, obligations, rights, 
     sanctions, and liabilities created by such Executive order 
     and such statutory provisions are incorporated into this 
     agreement and are controlling.'; or
       ``(14) conduct, or cause to be conducted, an investigation 
     of an employee or applicant for employment because of any 
     activity protected under this section.''.
       (3) Board and court review of actions relating to security 
     clearances.--
       (A) In general.--Chapter 77 of title 5, United States Code, 
     is amended by inserting after section 7702 the following:

     ``Sec. 7702a. Actions relating to security clearances

       ``(a) In any appeal relating to the suspension, revocation, 
     or other determination relating to a security clearance, the 
     Merit Systems Protection Board or a court--
       ``(1) shall determine whether section 2302 was violated;
       ``(2) may not order the President to restore a security 
     clearance; and
       ``(3) subject to paragraph (2), may issue declaratory 
     relief and any other appropriate relief.
       ``(b)(1) If, in any final judgment, the Board or court 
     declares that any suspension, revocation, or other 
     determination with regards to a security clearance was made 
     in violation of section 2302, the affected agency shall 
     conduct a review of that suspension, revocation, or other 
     determination, giving great weight to the Board or court 
     judgment.
       ``(2) Not later than 30 days after any Board or court 
     judgment declaring that a security clearance suspension, 
     revocation, or other determination was made in violation of 
     section 2302, the affected agency shall issue an unclassified 
     report to the congressional committees of jurisdiction (with 
     a classified annex if necessary), detailing the circumstances 
     of the agency's security clearance suspension, revocation, or 
     other determination. A report under this paragraph shall 
     include any proposed agency action with regards to the 
     security clearance.
       ``(c) An allegation that a security clearance was revoked 
     or suspended in retaliation for a protected disclosure shall 
     receive expedited review by the Office of Special Counsel, 
     the Merit Systems Protection Board, and any reviewing 
     court.''.
       (B) Technical and Conforming Amendment.--The table of 
     sections for chapter 77 of title 5, United States Code, is 
     amended by inserting after the item relating to section 7702 
     the following:

``7702a. Actions relating to security clearances.''.

       (e) Exclusion of Agencies by the President.--Section 
     2302(a)(2)(C) of title 5, United States Code, is amended by 
     striking clause (ii) and inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Imagery and Mapping Agency, the National Security 
     Agency; and
       ``(II) as determined by the President, any Executive agency 
     or unit thereof the principal function of which is the 
     conduct of foreign intelligence or counterintelligence 
     activities, if the determination (as that determination 
     relates to a personnel action) is made before that personnel 
     action; or''.
       (f) Attorney Fees.--Section 1204(m)(1) of title 5, United 
     States Code, is amended by striking ``agency involved'' and 
     inserting ``agency where the prevailing party is employed or 
     has applied for employment''.
       (g) Compensatory Damages.--Section 1214(g)(2) of title 5, 
     United States Code, is amended by inserting ``compensatory 
     or'' after ``forseeable''.
       (h) Disciplinary Action.--Section 1215 of title 5, United 
     States Code, is amended in subsection (a), by striking 
     paragraph (3) and inserting the following:
       ``(3)(A) A final order of the Board may impose disciplinary 
     action consisting of removal, reduction in grade, debarment 
     from Federal employment for a period not to exceed 5 years, 
     suspension, reprimand, or an assessment of a civil penalty 
     not to exceed $1000.
       ``(B) In any case in which the Board finds that an employee 
     has committed a prohibited personnel practice under section 
     2303(b) (8) or (9), the Board shall impose disciplinary 
     action if the Board finds that protected activity was a 
     significant motivating factor in the decision to take, fail 
     to take, or threaten to take or fail to take a personnel 
     action, unless that employee demonstrates, by preponderance 
     of evidence, that the employee would have taken, failed to 
     take, or threatened to take or fail to take the same 
     personnel action, in the absence of such protected 
     activity.''.
       (i) Disclosures to Congress.--Section 2302 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f) Each agency shall establish a process that provides 
     confidential advice to employees on making a lawful 
     disclosure to Congress of information that is specifically 
     required by Executive order to be kept secret in the interest 
     of national defense or the conduct of foreign affairs.''.
       (j) Authority of Special Counsel Relating to Civil 
     Actions.--
       (1) Representation of special counsel.--Section 1212 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``(h) Except as provided in section 518 of title 28, 
     relating to litigation before the Supreme Court, attorneys 
     designated by the Special Counsel may appear for the Special 
     Counsel and represent the Special Counsel in any civil action 
     brought in connection with section 2302(b)(8) or subchapter 
     III of chapter 73, or as otherwise authorized by law.''.
       (2) Judicial review of merit systems protection board 
     decisions.--Section 7703 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(e)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Special 
     Counsel. The Special Counsel may obtain review of any final 
     order or decision of the Board by filing a petition for 
     judicial review in the United States Court of Appeals for the 
     Federal Circuit if the Special Counsel determines, in the 
     discretion of the Special Counsel, that the Board erred in 
     deciding a case arising under section 2302(b)(8) or 
     subchapter III of chapter 73 and that the Board's decision 
     will have a substantial impact on the enforcement of section 
     2302(b)(8) or subchapter III of chapter 73. If the Special 
     Counsel was not a party or did not intervene in a matter 
     before the Board, the Special Counsel may not petition for 
     review of a Board decision under this section unless the 
     Special Counsel first petitions the Board for reconsideration 
     of its decision, and such petition is denied. In addition to 
     the named respondent, the Board and all other parties to the 
     proceedings before the Board shall have the right to appear 
     in the proceedings before the Court of Appeals. The granting 
     of the petition for judicial review shall be at the 
     discretion of the Court of Appeals.
       ``(2) During the 5-year period beginning on February 1, 
     2003, this paragraph shall apply to any review obtained by 
     the Special Counsel. The Special Counsel may obtain review of 
     any final order or decision of the Board by filing a petition 
     for judicial review in the United States Court of Appeals for 
     the Federal Circuit or any court of appeals of competent 
     jurisdiction if the Special Counsel determines, in the 
     discretion of the Special Counsel, that the Board erred in 
     deciding a case arising under section 2302(b)(8) or 
     subchapter III of chapter 73 and that the Board's decision 
     will have a substantial impact on the enforcement of section 
     2302(b)(8) or subchapter III of chapter 73. If the Special 
     Counsel was not a party or did not intervene in a matter 
     before the Board, the Special Counsel may not petition for 
     review of a Board decision under this section unless the 
     Special Counsel first petitions the Board for reconsideration 
     of its decision, and such petition

[[Page S8937]]

     is denied. In addition to the named respondent, the Board and 
     all other parties to the proceedings before the Board shall 
     have the right to appear in the proceedings before the court 
     of appeals. The granting of the petition for judicial review 
     shall be at the discretion of the court of appeals.''.
       (k) Judicial Review.--
       (1) In general.--Section 7703(b) of title 5, United States 
     Code, is amended by striking paragraph (1) and inserting the 
     following:
       ``(b)(1)(A) Except as provided in subparagraph (B) and 
     paragraph (2) of this subsection, a petition to review a 
     final order or final decision of the Board shall be filed in 
     the United States Court of Appeals for the Federal Circuit. 
     Notwithstanding any other provision of law, any petition for 
     review must be filed within 60 days after the date the 
     petitioner received notice of the final order or decision of 
     the Board.
       ``(B) During the 5-year period beginning on February 1, 
     2003, a petition to review a final order or final decision of 
     the Board shall be filed in the United States Court of 
     Appeals for the Federal Circuit or the United States Court of 
     Appeals for the circuit in which the petitioner resides. 
     Notwithstanding any other provision of law, any petition for 
     review must be filed within 60 days after the date the 
     petitioner received notice of the final order or decision of 
     the Board.''.
       (2) Review obtained by office of personnel management.--
     Section 7703 of title 5, United States Code, is amended by 
     striking subsection (d) and inserting the following:
       ``(d)(1) Except as provided under paragraph (2), this 
     paragraph shall apply to any review obtained by the Director 
     of the Office of Personnel Management. The Director of the 
     Office of Personnel Management may obtain review of any final 
     order or decision of the Board by filing, within 60 days 
     after the date the Director received notice of the final 
     order or decision of the Board, a petition for judicial 
     review in the United States Court of Appeals for the Federal 
     Circuit if the Director determines, in his discretion, that 
     the Board erred in interpreting a civil service law, rule, or 
     regulation affecting personnel management and that the 
     Board's decision will have a substantial impact on a civil 
     service law, rule, regulation, or policy directive. If the 
     Director did not intervene in a matter before the Board, the 
     Director may not petition for review of a Board decision 
     under this section unless the Director first petitions the 
     Board for a reconsideration of its decision, and such 
     petition is denied. In addition to the named respondent, the 
     Board and all other parties to the proceedings before the 
     Board shall have the right to appear in the proceeding before 
     the Court of Appeals. The granting of the petition for 
     judicial review shall be at the discretion of the Court of 
     Appeals.
       ``(2) During the 5-year period beginning on February 1, 
     2003, this paragraph shall apply to any review obtained by 
     the Director of the Office of Personnel Management. The 
     Director of the Office of Personnel Management may obtain 
     review of any final order or decision of the Board by filing, 
     within 60 days after the date the Director received notice of 
     the final order or decision of the Board, a petition for 
     judicial review in any appellate court of competent 
     jurisdiction as provided under subsection (b)(2) if the 
     Director determines, in his discretion, that the Board erred 
     in interpreting a civil service law, rule, or regulation 
     affecting personnel management and that the Board's decision 
     will have a substantial impact on a civil service law, rule, 
     regulation, or policy directive. If the Director did not 
     intervene in a matter before the Board, the Director may not 
     petition for review of a Board decision under this section 
     unless the Director first petitions the Board for a 
     reconsideration of its decision, and such petition is denied. 
     In addition to the named respondent, the Board and all other 
     parties to the proceedings before the Board shall have the 
     right to appear in the proceeding before the court of 
     appeals. The granting of the petition for judicial review 
     shall be at the discretion of the Court of Appeals.''.
       (l) Nondisclosure Policies, Forms, and Agreements.--
       (1) In general.--
       (A) Requirement.--Each agreement in Standard Forms 312 and 
     4414 of the Government and any other nondisclosure policy, 
     form, or agreement of the Government shall contain the 
     following statement: ``These restrictions are consistent with 
     and do not supersede, conflict with, or otherwise alter the 
     employee obligations, rights, or liabilities created by 
     Executive Order No. 12958; section 7211 of title 5, United 
     States Code (governing disclosures to Congress); section 1034 
     of title 10, United States Code (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code (governing disclosures of 
     illegality, waste, fraud, abuse or public health or safety 
     threats); the Intelligence Identities Protection Act of 1982 
     (50 U.S.C. 421 et seq.) (governing disclosures that could 
     expose confidential Government agents); and the statutes 
     which protect against disclosure that may compromise the 
     national security, including sections 641, 793, 794, 798, and 
     952 of title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by such Executive order and such 
     statutory provisions are incorporated into this agreement and 
     are controlling.''
       (B) Enforceability.--Any nondisclosure policy, form, or 
     agreement described under subparagraph (A) that does not 
     contain the statement required under subparagraph (A) may not 
     be implemented or enforced to the extent such policy, form, 
     or agreement is inconsistent with that statement.
       (2) Persons other than federal employees.--Notwithstanding 
     paragraph (1), a nondisclosure policy, form, or agreement 
     that is to be executed by a person connected with the conduct 
     of an intelligence or intelligence-related activity, other 
     than an employee or officer of the United States Government, 
     may contain provisions appropriate to the particular activity 
     for which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course of 
     such activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that such forms do not bar disclosures to 
     Congress or to an authorized official of an executive agency 
     or the Department of Justice that are essential to reporting 
     a substantial violation of law.
                                 ______
                                 
  SA 4681. Mr. LEVIN (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PRIVATE SECURITY OFFICERS RECORD REVIEWS.

       (a) Findings.--Congress finds that--
       (1) employment of private security officers in the United 
     States is growing rapidly;
       (2) private security officers function as an adjunct to, 
     but not a replacement for, public law enforcement by helping 
     to reduce and prevent crime;
       (3) such private security officers protect individuals, 
     property, and proprietary information, and provide protection 
     to such diverse operations as banks, hospitals, research and 
     development centers, manufacturing facilities, defense and 
     aerospace contractors, high technology businesses, nuclear 
     power plants, chemical companies, oil and gas refineries, 
     airports, communication facilities and operations, office 
     complexes, schools, residential properties, apartment 
     complexes, gated communities, and others;
       (4) sworn law enforcement officers provide significant 
     services to the citizens of the United States in its public 
     areas, and are supplemented by private security officers;
       (5) the threat of additional terrorist attacks requires 
     cooperation between public and private sectors and demands 
     professional, reliable, and responsible security officers for 
     the protection of people, facilities, and institutions;
       (6) the trend in the Nation toward growth in such security 
     services has accelerated rapidly;
       (7) such growth makes available more public sector law 
     enforcement officers to combat serious and violent crimes, 
     including terrorism;
       (8) the American public deserves the employment of 
     qualified, well-trained private security personnel as an 
     adjunct to sworn law enforcement officers; and
       (9) private security officers and applicants for private 
     security officer positions should be thoroughly screened and 
     trained.
       (b) Definitions.--In this section:
       (1) Employee.--The term ``employee'' includes both a 
     current employee and an applicant for employment as a private 
     security officer.
       (2) Authorized employer.--The term ``authorized employer'' 
     means any person that--
       (A) employs private security officers; and
       (B) is authorized by regulations promulgated by the 
     Attorney General to request a criminal history record 
     information search of an employee through a State 
     identification bureau pursuant to this section.
       (3) Private security officer.-- The term ``private security 
     officer''--
       (A) means an individual other than an employee of a 
     Federal, State, or local government, whose primary duty is to 
     perform security services, full- or part-time, for 
     consideration, whether armed or unarmed and in uniform or 
     plain clothes; but
       (B) does not include--
       (i) employees whose duties are primarily internal audit or 
     credit functions;
       (ii) employees of electronic security system companies 
     acting as technicians or monitors; or
       (iii) employees whose duties primarily involve the secure 
     movement of prisoners.
       (4) Security services.--The term ``security services'' 
     means acts to protect people or property as defined by 
     regulations promulgated by the Attorney General.
       (5) State identification bureau.--The term ``State 
     identification bureau'' means the State entity designated by 
     the Attorney General for the submission and receipt of 
     criminal history record information.
       (c) Criminal History Record Information Search.--
       (1) In general.--
       (A) Submission of fingerprints.--An authorized employer may 
     submit to the State identification bureau of a participating 
     State, fingerprints or other means of positive 
     identification, as determined by the Attorney General, of an 
     employee of such employer for purposes of a criminal history 
     record information search pursuant to this section.

[[Page S8938]]

       (B) Employee rights.--
       (i) Permission.--An authorized employer shall obtain 
     written consent from an employee to submit to the State 
     identification bureau of a participating State the request to 
     search the criminal history record information of the 
     employee under this section.
       (ii) Access.--An authorized employer shall provide to the 
     employee confidential access to any information relating to 
     the employee received by the authorized employer pursuant to 
     this section.
       (C) Providing information to the state identification 
     bureau.--Upon receipt of a request for a criminal history 
     record information search from an authorized employer 
     pursuant to this section, submitted through the State 
     identification bureau of a participating State, the Attorney 
     General shall--
       (i) search the appropriate records of the Criminal Justice 
     Information Services Division of the Federal Bureau of 
     Investigation; and
       (ii) promptly provide any resulting identification and 
     criminal history record information to the submitting State 
     identification bureau requesting the information.
       (D) Use of information.--
       (i) In general.--Upon receipt of the criminal history 
     record information from the Attorney General by the State 
     identification bureau, the information shall be used only as 
     provided in clause (ii).
       (ii) Terms.--In the case of--

       (I) a participating State that has no State standards for 
     qualification to be a private security officer, the State 
     shall notify an authorized employer as to the fact of whether 
     an employee has been convicted of a felony, an offense 
     involving dishonesty or a false statement if the conviction 
     occurred during the previous 10 years, or an offense 
     involving the use or attempted use of physical force against 
     the person of another if the conviction occurred during the 
     previous 10 years; or
       (II) a participating State that has State standards for 
     qualification to be a private security officer, the State 
     shall use the information received pursuant to this section 
     in applying the State standards and shall only notify the 
     employer of the results of the application of the State 
     standards.

       (E) Frequency of requests.--An authorized employer may 
     request a criminal history record information search for an 
     employee only once every 12 months of continuous employment 
     by that employee unless the authorized employer has good 
     cause to submit additional requests.
       (2) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall issue such 
     final or interim final regulations as may be necessary to 
     carry out this section, including--
       (A) measures relating to the security, confidentiality, 
     accuracy, use, submission, dissemination, and destruction of 
     information and audits, and recordkeeping;
       (B) standards for qualification as an authorized employer; 
     and
       (C) the imposition of reasonable fees necessary for 
     conducting the background checks.
       (3) Criminal penalty.--Whoever falsely certifies that he 
     meets the applicable standards for an authorized employer or 
     who knowingly and intentionally uses any information obtained 
     pursuant to this section other than for the purpose of 
     determining the suitability of an individual for employment 
     as a private security officer shall be fined under title 18, 
     United States Code, or imprisoned for not more than 2 years, 
     or both.
       (4) User fees.--
       (A) In general.--The Director of the Federal Bureau of 
     Investigation may--
       (i) collect fees pursuant to regulations promulgated under 
     paragraph (2) to process background checks provided for by 
     this section;
       (ii) notwithstanding the provisions of section 3302 of 
     title 31, United States Code, retain and use such fees for 
     salaries and other expenses incurred in providing such 
     processing; and
       (iii) establish such fees at a level to include an 
     additional amount to remain available until expended to 
     defray expenses for the automation of fingerprint 
     identification and criminal justice information services and 
     associated costs.
       (B) State costs.--Nothing in this section shall be 
     construed as restricting the right of a State to assess a 
     reasonable fee on an authorized employer for the costs to the 
     State of administering this section.
       (5) State opt out.--A State may decline to participate in 
     the background check system authorized by this section by 
     enacting a law or issuing an order by the Governor (if 
     consistent with State law) providing that the State is 
     declining to participate pursuant to this paragraph.
                                 ______
                                 
  SA 4682. Mr. GREGG (for himself and Mr. Hollings, Mr. Shelby, Mr. 
Harkin, Mr. Stevens, Mr. Inouye, Mr. Cochran, Mr. Helms, Mr. Johnson, 
Mr. Sessions, Mr. Bingaman, Mr. Grassley, Ms. Landrieu, Mrs. Feinstein) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5005, to establish the Department of Homeland Security, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     SEC. ____. DIRECTORATE OF EMERGENCY PREPAREDNESS AND 
                   RESPONSE.

       (a) Establishment.--
       (1) Directorate.--There is established within the 
     Department the Directorate of Emergency Preparedness and 
     Response.
       (2) Under secretary.--There shall be an Under Secretary for 
     Emergency Preparedness and Response, who shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.
       (b) Responsibilities.--The Directorate of Emergency 
     Preparedness and Response shall be responsible for the 
     following:
       (1) Carrying out all nonterrorism emergency preparedness 
     activities carried out by the Federal Emergency Management 
     Agency before the effective date of this division.
       (2) Carrying out all terrorism and other hazard response 
     activities carried out by the Federal Emergency Management 
     Agency before the effective date of this division.
       (3) Creating a National Crisis Action Center to act as the 
     focal point for--
       (A) monitoring emergencies;
       (B) notifying affected agencies and State and local 
     governments; and
       (C) coordinating Federal support for State and local 
     governments and the private sector in crises.
       (4) Managing and updating the Federal response plan to 
     ensure the appropriate integration of operational activities 
     of the Department of Defense, the National Guard, and other 
     agencies, to respond to acts of terrorism and other 
     disasters.
       (5) Coordinating activities among private sector entities, 
     including entities within the medical community, and animal 
     health and plant disease communities, with respect to 
     recovery, consequence management, and planning for continuity 
     of services.
       (6) Developing and managing a single response system for 
     national incidents in coordination with all appropriate 
     agencies.
       (7) Coordinating with other agencies necessary to carry out 
     the functions of the Office of Emergency Preparedness.
       (8) Collaborating with, and transferring funds to, the 
     Centers for Disease Control and Prevention or other agencies 
     for administration of the Strategic National Stockpile 
     transferred under subsection (c)(6).
       (9) Consulting with the Under Secretary for Science and 
     Technology, Secretary of Agriculture, and the Director of the 
     Centers for Disease Control and Prevention in establishing 
     and updating the list of potential threat agents or toxins 
     relating to the functions of the Select Agent Registration 
     Program transferred under subsection (c)(7).
       (10) Developing a plan to address the interface of medical 
     informatics and the medical response to terrorism that 
     address--
       (A) standards for interoperability;
       (B) real-time data collection;
       (C) ease of use for health care providers;
       (D) epidemiological surveillance of disease outbreaks in 
     human health and agriculture;
       (E) integration of telemedicine networks and standards;
       (F) patient confidentiality; and
       (G) other topics pertinent to the mission of the 
     Department.
       (11) Activate and coordinate the operations of the National 
     Disaster Medical System as defined under section 102 of the 
     Public Health Security and Bioterrorism Preparedness and 
     Response Act of 2002 (Public Law 107-188).
       (12) Performing such other duties as assigned by the 
     Secretary.
       (c) Transfer of Authorities, Functions, Personnel, and 
     Assets to the Department.--The authorities, functions, 
     personnel, and assets of the following entities are 
     transferred to the Department:
       (1) The Federal Emergency Management Agency, the 10 
     regional offices of which shall be maintained and 
     strengthened by the Department, which shall be maintained as 
     a distinct entity within the Department, except that those 
     elements of the Office of National Preparedness of the 
     Federal Emergency Management Agency that relate to terrorism 
     shall be transferred to the Office of Domestic Preparedness 
     established under this section.
       (2) The National Office of Domestic Preparedness of the 
     Federal Bureau of Investigation of the Department of Justice.
       (3) The Office of Domestic Preparedness of the Department 
     of Justice.
       (4) Those elements of the Office of National Preparedness 
     of the Federal Emergency Management Agency which relate to 
     terrorism, which shall be consolidated within the Department 
     in the Office for Domestic Preparedness established under 
     this section.
       (5) The Office of Emergency Preparedness within the Office 
     of the Assistant Secretary for Public Health Emergency 
     Preparedness of the Department of Health and Human Services, 
     including--
       (A) the Noble Training Center;
       (B) the Metropolitan Medical Response System;
       (C) the Department of Health and Human Services component 
     of the National Disaster Medical System;
       (D) the Disaster Medical Assistance Teams, the Veterinary 
     Medical Assistance Teams, and the Disaster Mortuary 
     Operational Response Teams;
       (E) the special events response; and
       (F) the citizen preparedness programs.
       (6) The Strategic National Stockpile of the Department of 
     Health and Human Services including all functions and assets 
     under sections 121 and 127 of the Public Health Security and 
     Bioterrorism Preparedness and Response Act of 2002 (Public 
     Law 107-188).

[[Page S8939]]

       (7) The functions of the Select Agent Registration Program 
     of the Department of Health and Human Services and the United 
     States Department of Agriculture, including all functions of 
     the Secretary of Health and Human Services and the Secretary 
     of Agriculture under sections 201 through 221 of the Public 
     Health Security and Bioterrorism Preparedness and Response 
     Act of 2002 (Public Law 107-188).
       (d) Office for Domestic Preparedness.--
       (1) Establishment.--There is established within the 
     Directorate of Emergency Preparedness and Response the Office 
     for Domestic Preparedness.
       (2) Director.--There shall be a Director of the Office for 
     Domestic Preparedness, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director of the Office for Domestic Preparedness shall 
     report directly to the Under Secretary for Emergency 
     Preparedness and Response.
       (3) Responsibilities.--The Office for Domestic Preparedness 
     shall have the primary responsibility within the executive 
     branch of Government for the preparedness of the United 
     States for acts of terrorism, including--
       (A) coordinating preparedness efforts at the Federal level, 
     and working with all State, local, tribal, parish, and 
     private sector emergency response providers on all matters 
     pertaining to combating terrorism, including training, 
     exercises, and equipment support;
       (B) in keeping with intelligence estimates, working to 
     ensure adequate strategic and operational planning, 
     equipment, training, and exercise activities at all levels of 
     government;
       (C) coordinating or, as appropriate, consolidating 
     communications and systems of communications relating to 
     homeland security at all levels of government;
       (D) directing and supervising terrorism preparedness grant 
     programs of the Federal Government for all emergency response 
     providers;
       (E) incorporating the Strategy priorities into planning 
     guidance on an agency level for the preparedness efforts of 
     the Office for Domestic Preparedness;
       (F) providing agency-specific training for agents and 
     analysts within the Department, other agencies, and State and 
     local agencies and international entities;
       (G) as the lead executive branch agency for preparedness of 
     the United States for acts of terrorism, cooperating closely 
     with the Federal Emergency Management Agency, which shall 
     have the primary responsibility within the executive branch 
     to prepare for and mitigate the effects of nonterrorist-
     related disasters in the United States; and
       (H) assisting and supporting the Secretary, in coordination 
     with other Directorates and entities outside the Department, 
     in conducting appropriate risk analysis and risk management 
     activities consistent with the mission and functions of the 
     Directorate.
       (4) Fiscal years 2003 and 2004.--During fiscal year 2003 
     and fiscal year 2004, the Director of the Office for Domestic 
     Preparedness established under this section shall manage and 
     carry out those functions of the Office for Domestic 
     Preparedness of the Department of Justice (transferred under 
     this section) before September 11, 2001, under the same 
     terms, conditions, policies, and authorities, and with the 
     required level of personnel, assets, and budget before 
     September 11, 2001.
       (5) Report.--Not later than the submission of the fiscal 
     year 2005 budget request, the Secretary shall submit to 
     Congress a detailed report containing a comprehensive, 
     independent analysis, and recommendations addressing whether 
     there should be a single office within the Department 
     responsible for the domestic preparedness of the United 
     States for all hazards, including terrorism and natural 
     disasters. The analysis shall include an examination of the 
     advantages, disadvantages, costs, and benefits of creating a 
     single office for all hazards preparedness within the 
     Department.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Under Secretary for Emergency 
     Preparedness and Response shall submit a report to Congress 
     on the status of a national medical informatics system and an 
     agricultural disease surveillance system, and the capacity of 
     such systems to meet the goals under subsection (b)(12) in 
     responding to a terrorist attack.
       (f) Preempted Provisions.--Notwithstanding any other 
     provision of this Act, including any effective date 
     provision, section 134 shall not take effect.
                                 ______
                                 
  SA 4683. Mr. GREGG (for himself, Mr. Hollings, Mr. Shelby, Mr. 
Harkin, Mr. Stevens, Mr. Inouye, Mr. Cochran, Mr. Helms, Mr. Johnson, 
Mr. Sessions, Mr. Bingaman, Mr. Grassley, Ms. Landrieu, and Mrs. 
Feinstein) submitted an amendment intended to be proposed by him to the 
bill H.R. 5005, to establish the Department of Homeland Security, and 
for other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted insert the 
     following:

     SEC. ____. DIRECTORATE OF EMERGENCY PREPAREDNESS AND 
                   RESPONSE.

       (a) Establishment.--
       (1) Directorate.--There is established within the 
     Department the Directorate of Emergency Preparedness and 
     Response.
       (2) Under secretary.--There shall be an Under Secretary for 
     Emergency Preparedness and Response, who shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.
       (b) Responsibilities.--The Directorate of Emergency 
     Preparedness and Response shall be responsible for the 
     following:
       (1) Carrying out all nonterrorism emergency preparedness 
     activities carried out by the Federal Emergency Management 
     Agency before the effective date of this division.
       (2) Carrying out all terrorism and other hazard response 
     activities carried out by the Federal Emergency Management 
     Agency before the effective date of this division.
       (3) Creating a National Crisis Action Center to act as the 
     focal point for--
       (A) monitoring emergencies;
       (B) notifying affected agencies and State and local 
     governments; and
       (C) coordinating Federal support for State and local 
     governments and the private sector in crises.
       (4) Managing and updating the Federal response plan to 
     ensure the appropriate integration of operational activities 
     of the Department of Defense, the National Guard, and other 
     agencies, to respond to acts of terrorism and other 
     disasters.
       (5) Coordinating activities among private sector entities, 
     including entities within the medical community, and animal 
     health and plant disease communities, with respect to 
     recovery, consequence management, and planning for continuity 
     of services.
       (6) Developing and managing a single response system for 
     national incidents in coordination with all appropriate 
     agencies.
       (7) Coordinating with other agencies necessary to carry out 
     the functions of the Office of Emergency Preparedness.
       (8) Collaborating with, and transferring funds to, the 
     Centers for Disease Control and Prevention or other agencies 
     for administration of the Strategic National Stockpile 
     transferred under subsection (c)(6).
       (9) Consulting with the Under Secretary for Science and 
     Technology, Secretary of Agriculture, and the Director of the 
     Centers for Disease Control and Prevention in establishing 
     and updating the list of potential threat agents or toxins 
     relating to the functions of the Select Agent Registration 
     Program transferred under subsection (c)(7).
       (10) Developing a plan to address the interface of medical 
     informatics and the medical response to terrorism that 
     address--
       (A) standards for interoperability;
       (B) real-time data collection;
       (C) ease of use for health care providers;
       (D) epidemiological surveillance of disease outbreaks in 
     human health and agriculture;
       (E) integration of telemedicine networks and standards;
       (F) patient confidentiality; and
       (G) other topics pertinent to the mission of the 
     Department.
       (11) Activate and coordinate the operations of the National 
     Disaster Medical System as defined under section 102 of the 
     Public Health Security and Bioterrorism Preparedness and 
     Response Act of 2002 (Public Law 107-188).
       (12) Performing such other duties as assigned by the 
     Secretary.
       (c) Transfer of Authorities, Functions, Personnel, and 
     Assets to the Department.--The authorities, functions, 
     personnel, and assets of the following entities are 
     transferred to the Department:
       (1) The Federal Emergency Management Agency, the 10 
     regional offices of which shall be maintained and 
     strengthened by the Department, which shall be maintained as 
     a distinct entity within the Department, except that those 
     elements of the Office of National Preparedness of the 
     Federal Emergency Management Agency that relate to terrorism 
     shall be transferred to the Office of Domestic Preparedness 
     established under this section.
       (2) The National Office of Domestic Preparedness of the 
     Federal Bureau of Investigation of the Department of Justice.
       (3) The Office of Domestic Preparedness of the Department 
     of Justice.
       (4) Those elements of the Office of National Preparedness 
     of the Federal Emergency Management Agency which relate to 
     terrorism, which shall be consolidated within the Department 
     in the Office for Domestic Preparedness established under 
     this section.
       (5) The Office of Emergency Preparedness within the Office 
     of the Assistant Secretary for Public Health Emergency 
     Preparedness of the Department of Health and Human Services, 
     including--
       (A) the Noble Training Center;
       (B) the Metropolitan Medical Response System;
       (C) the Department of Health and Human Services component 
     of the National Disaster Medical System;
       (D) the Disaster Medical Assistance Teams, the Veterinary 
     Medical Assistance Teams, and the Disaster Mortuary 
     Operational Response Teams;
       (E) the special events response; and
       (F) the citizen preparedness programs.
       (6) The Strategic National Stockpile of the Department of 
     Health and Human Services including all functions and assets 
     under sections 121 and 127 of the Public Health Security and 
     Bioterrorism Preparedness and Response Act of 2002 (Public 
     Law 107-188).
       (7) The functions of the Select Agent Registration Program 
     of the Department of Health and Human Services and the United 
     States Department of Agriculture, including

[[Page S8940]]

     all functions of the Secretary of Health and Human Services 
     and the Secretary of Agriculture under sections 201 through 
     221 of the Public Health Security and Bioterrorism 
     Preparedness and Response Act of 2002 (Public Law 107-188).
       (d) Office for Domestic Preparedness.--
       (1) Establishment.--There is established within the 
     Directorate of Emergency Preparedness and Response the Office 
     for Domestic Preparedness.
       (2) Director.--There shall be a Director of the Office for 
     Domestic Preparedness, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director of the Office for Domestic Preparedness shall 
     report directly to the Under Secretary for Emergency 
     Preparedness and Response.
       (3) Responsibilities.--The Office for Domestic Preparedness 
     shall have the primary responsibility within the executive 
     branch of Government for the preparedness of the United 
     States for acts of terrorism, including--
       (A) coordinating preparedness efforts at the Federal level, 
     and working with all State, local, tribal, parish, and 
     private sector emergency response providers on all matters 
     pertaining to combating terrorism, including training, 
     exercises, and equipment support;
       (B) in keeping with intelligence estimates, working to 
     ensure adequate strategic and operational planning, 
     equipment, training, and exercise activities at all levels of 
     government;
       (C) coordinating or, as appropriate, consolidating 
     communications and systems of communications relating to 
     homeland security at all levels of government;
       (D) directing and supervising terrorism preparedness grant 
     programs of the Federal Government for all emergency response 
     providers;
       (E) incorporating the Strategy priorities into planning 
     guidance on an agency level for the preparedness efforts of 
     the Office for Domestic Preparedness;
       (F) providing agency-specific training for agents and 
     analysts within the Department, other agencies, and State and 
     local agencies and international entities;
       (G) as the lead executive branch agency for preparedness of 
     the United States for acts of terrorism, cooperating closely 
     with the Federal Emergency Management Agency, which shall 
     have the primary responsibility within the executive branch 
     to prepare for and mitigate the effects of nonterrorist-
     related disasters in the United States; and
       (H) assisting and supporting the Secretary, in coordination 
     with other Directorates and entities outside the Department, 
     in conducting appropriate risk analysis and risk management 
     activities consistent with the mission and functions of the 
     Directorate.
       (4) Fiscal years 2003 and 2004.--During fiscal year 2003 
     and fiscal year 2004, the Director of the Office for Domestic 
     Preparedness established under this section shall manage and 
     carry out those functions of the Office for Domestic 
     Preparedness of the Department of Justice (transferred under 
     this section) before September 11, 2001, under the same 
     terms, conditions, policies, and authorities, and with the 
     required level of personnel, assets, and budget before 
     September 11, 2001.
       (5) Report.--Not later than the submission of the fiscal 
     year 2005 budget request, the Secretary shall submit to 
     Congress a detailed report containing a comprehensive, 
     independent analysis, and recommendations addressing whether 
     there should be a single office within the Department 
     responsible for the domestic preparedness of the United 
     States for all hazards, including terrorism and natural 
     disasters. The analysis shall include an examination of the 
     advantages, disadvantages, costs, and benefits of creating a 
     single office for all hazards preparedness within the 
     Department.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Under Secretary for Emergency 
     Preparedness and Response shall submit a report to Congress 
     on the status of a national medical informatics system and an 
     agricultural disease surveillance system, and the capacity of 
     such systems to meet the goals under subsection (b)(12) in 
     responding to a terrorist attack.
       (f) Preempted Provisions.--Notwithstanding any other 
     provision of this Act, including any effective date 
     provision, section 134 shall not take effect.
                                 ______
                                 
  SA 4684. Mr. GREGG (for himself, Mr. Hollings, Mr. Shelby, Mr. 
Harkin, Mr. Stevens, Mr. Inouye, Mr. Cochran, Mr. Helms, Mr. Johnson, 
Mr. Sessions, Mr. Bingaman, Mr. Grassley, Ms. Landrieu, and Mrs. 
Feinstein) submitted an amendment intended to be proposed by him to the 
bill H.R. 5005, to establish the Department of Homeland Security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. DIRECTORATE OF EMERGENCY PREPAREDNESS AND 
                   RESPONSE.

       (a) Establishment.--
       (1) Directorate.--There is established within the 
     Department the Directorate of Emergency Preparedness and 
     Response.
       (2) Under secretary.--There shall be an Under Secretary for 
     Emergency Preparedness and Response, who shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.
       (b) Responsibilities.--The Directorate of Emergency 
     Preparedness and Response shall be responsible for the 
     following:
       (1) Carrying out all nonterrorism emergency preparedness 
     activities carried out by the Federal Emergency Management 
     Agency before the effective date of this division.
       (2) Carrying out all terrorism and other hazard response 
     activities carried out by the Federal Emergency Management 
     Agency before the effective date of this division.
       (3) Creating a National Crisis Action Center to act as the 
     focal point for--
       (A) monitoring emergencies;
       (B) notifying affected agencies and State and local 
     governments; and
       (C) coordinating Federal support for State and local 
     governments and the private sector in crises.
       (4) Managing and updating the Federal response plan to 
     ensure the appropriate integration of operational activities 
     of the Department of Defense, the National Guard, and other 
     agencies, to respond to acts of terrorism and other 
     disasters.
       (5) Coordinating activities among private sector entities, 
     including entities within the medical community, and animal 
     health and plant disease communities, with respect to 
     recovery, consequence management, and planning for continuity 
     of services.
       (6) Developing and managing a single response system for 
     national incidents in coordination with all appropriate 
     agencies.
       (7) Coordinating with other agencies necessary to carry out 
     the functions of the Office of Emergency Preparedness.
       (8) Collaborating with, and transferring funds to, the 
     Centers for Disease Control and Prevention or other agencies 
     for administration of the Strategic National Stockpile 
     transferred under subsection (c)(6).
       (9) Consulting with the Under Secretary for Science and 
     Technology, Secretary of Agriculture, and the Director of the 
     Centers for Disease Control and Prevention in establishing 
     and updating the list of potential threat agents or toxins 
     relating to the functions of the Select Agent Registration 
     Program transferred under subsection (c)(7).
       (10) Developing a plan to address the interface of medical 
     informatics and the medical response to terrorism that 
     address--
       (A) standards for interoperability;
       (B) real-time data collection;
       (C) ease of use for health care providers;
       (D) epidemiological surveillance of disease outbreaks in 
     human health and agriculture;
       (E) integration of telemedicine networks and standards;
       (F) patient confidentiality; and
       (G) other topics pertinent to the mission of the 
     Department.
       (11) Activate and coordinate the operations of the National 
     Disaster Medical System as defined under section 102 of the 
     Public Health Security and Bioterrorism Preparedness and 
     Response Act of 2002 (Public Law 107-188).
       (12) Performing such other duties as assigned by the 
     Secretary.
       (c) Transfer of Authorities, Functions, Personnel, and 
     Assets to the Department.--The authorities, functions, 
     personnel, and assets of the following entities are 
     transferred to the Department:
       (1) The Federal Emergency Management Agency, the 10 
     regional offices of which shall be maintained and 
     strengthened by the Department, which shall be maintained as 
     a distinct entity within the Department, except that those 
     elements of the Office of National Preparedness of the 
     Federal Emergency Management Agency that relate to terrorism 
     shall be transferred to the Office of Domestic Preparedness 
     established under this section.
       (2) The National Office of Domestic Preparedness of the 
     Federal Bureau of Investigation of the Department of Justice.
       (3) The Office of Domestic Preparedness of the Department 
     of Justice.
       (4) Those elements of the Office of National Preparedness 
     of the Federal Emergency Management Agency which relate to 
     terrorism, which shall be consolidated within the Department 
     in the Office for Domestic Preparedness established under 
     this section.
       (5) The Office of Emergency Preparedness within the Office 
     of the Assistant Secretary for Public Health Emergency 
     Preparedness of the Department of Health and Human Services, 
     including--
       (A) the Noble Training Center;
       (B) the Metropolitan Medical Response System;
       (C) the Department of Health and Human Services component 
     of the National Disaster Medical System;
       (D) the Disaster Medical Assistance Teams, the Veterinary 
     Medical Assistance Teams, and the Disaster Mortuary 
     Operational Response Teams;
       (E) the special events response; and
       (F) the citizen preparedness programs.
       (6) The Strategic National Stockpile of the Department of 
     Health and Human Services including all functions and assets 
     under sections 121 and 127 of the Public Health Security and 
     Bioterrorism Preparedness and Response Act of 2002 (Public 
     Law 107-188).
       (7) The functions of the Select Agent Registration Program 
     of the Department of Health and Human Services and the United 
     States Department of Agriculture, including all functions of 
     the Secretary of Health and Human Services and the Secretary 
     of Agriculture under sections 201 through 221 of the Public 
     Health Security and Bioterrorism

[[Page S8941]]

     Preparedness and Response Act of 2002 (Public Law 107-188).
       (d) Office for Domestic Preparedness.--
       (1) Establishment.--There is established within the 
     Directorate of Emergency Preparedness and Response the Office 
     for Domestic Preparedness.
       (2) Director.--There shall be a Director of the Office for 
     Domestic Preparedness, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director of the Office for Domestic Preparedness shall 
     report directly to the Under Secretary for Emergency 
     Preparedness and Response.
       (3) Responsibilities.--The Office for Domestic Preparedness 
     shall have the primary responsibility within the executive 
     branch of Government for the preparedness of the United 
     States for acts of terrorism, including--
       (A) coordinating preparedness efforts at the Federal level, 
     and working with all State, local, tribal, parish, and 
     private sector emergency response providers on all matters 
     pertaining to combating terrorism, including training, 
     exercises, and equipment support;
       (B) in keeping with intelligence estimates, working to 
     ensure adequate strategic and operational planning, 
     equipment, training, and exercise activities at all levels of 
     government;
       (C) coordinating or, as appropriate, consolidating 
     communications and systems of communications relating to 
     homeland security at all levels of government;
       (D) directing and supervising terrorism preparedness grant 
     programs of the Federal Government for all emergency response 
     providers;
       (E) incorporating the Strategy priorities into planning 
     guidance on an agency level for the preparedness efforts of 
     the Office for Domestic Preparedness;
       (F) providing agency-specific training for agents and 
     analysts within the Department, other agencies, and State and 
     local agencies and international entities;
       (G) as the lead executive branch agency for preparedness of 
     the United States for acts of terrorism, cooperating closely 
     with the Federal Emergency Management Agency, which shall 
     have the primary responsibility within the executive branch 
     to prepare for and mitigate the effects of nonterrorist-
     related disasters in the United States; and
       (H) assisting and supporting the Secretary, in coordination 
     with other Directorates and entities outside the Department, 
     in conducting appropriate risk analysis and risk management 
     activities consistent with the mission and functions of the 
     Directorate.
       (4) Fiscal years 2003 and 2004.--During fiscal year 2003 
     and fiscal year 2004, the Director of the Office for Domestic 
     Preparedness established under this section shall manage and 
     carry out those functions of the Office for Domestic 
     Preparedness of the Department of Justice (transferred under 
     this section) before September 11, 2001, under the same 
     terms, conditions, policies, and authorities, and with the 
     required level of personnel, assets, and budget before 
     September 11, 2001.
       (5) Report.--Not later than the submission of the fiscal 
     year 2005 budget request, the Secretary shall submit to 
     Congress a detailed report containing a comprehensive, 
     independent analysis, and recommendations addressing whether 
     there should be a single office within the Department 
     responsible for the domestic preparedness of the United 
     States for all hazards, including terrorism and natural 
     disasters. The analysis shall include an examination of the 
     advantages, disadvantages, costs, and benefits of creating a 
     single office for all hazards preparedness within the 
     Department.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Under Secretary for Emergency 
     Preparedness and Response shall submit a report to Congress 
     on the status of a national medical informatics system and an 
     agricultural disease surveillance system, and the capacity of 
     such systems to meet the goals under subsection (b)(12) in 
     responding to a terrorist attack.
       (f) Preempted Provisions.--Notwithstanding any other 
     provision of this Act, including any effective date 
     provision, section 134 shall not take effect.
                                 ______
                                 
  SA 4685. Mr. BINGAMAN (for himself and Mr. Daschle) submitted an 
amendment intended to be proposed by him to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     ``SEC. ____

       (a) Findings.--Congress finds that:
       (1) In 2002 approximately six and one half million acres of 
     forest lands in the United States have burned, 21 people have 
     lost their lives, and 3,079 structures have been destroyed. 
     The Forest Service and the Bureau of Land Management have 
     spent more than $1 billion fighting these fires.
       (2) 73 million acres of public lands are classified as 
     class 3 fire risks. This includes 23 million acres that are 
     in strategic areas designated by the Forest Service and the 
     Department of the Interior for emergency treatment to 
     withstand catastrophic fire.
       (3) The forest management policy of fire suppression has 
     resulted in an accumulation of fuel loads, dead and dying 
     trees, and non-native species that creates fuel ladders which 
     allow fires to reach the crowns of large old trees and cause 
     catastrophic fire.
       (4) The Forest Service and the Department of Interior 
     should immediately undertake an emergency forest grooming 
     program to reduce the risk of catastrophic fire.
       (b) In General.--The Secretary of Agriculture and the 
     Secretary of the Interior shall conduct immediately and to 
     completion projects consistent with the Implementation Plan 
     for the 10-year Comprehensive Strategy for a Collaborative 
     Approach for Reducing Wildland Fire Risks to Communities and 
     the Environment, dated May 2002, developed pursuant to the 
     Conference Report to the Department of the Interior and 
     Related Agencies Appropriations Act, FY 2001 (H. Rept. 106-
     646) to reduce hazardous fuels. Any project carried out 
     pursuant to this section shall be consistent with the 
     applicable forest plan, resource management plan, or other 
     applicable agency plans.
       (c) Priority.--In implementing projects under this section, 
     the Secretary of Agriculture and the Secretary of the 
     Interior shall give highest priority to--
       (1) wildland urban interface areas;
       (2) municipal watersheds; or
       (3) forested or rangeland areas affected by disease, insect 
     activity, wind throw, or areas subject to catastrophic reburn
       (d) Acreage Limitation.--In implementing this section, the 
     Secretary of Agriculture and the Secretary of the Interior 
     shall treat an aggregate area of not more than 2.5 million 
     acres of federal land. This amount is in addition to the 
     existing hazardous fueled reduction program that treats 
     approximately 2.5 million acres each year.
       (e) Process.--The Secretary of Agriculture and the 
     Secretary of the Interior shall jointly develop a 
     collaborative process with interested parties consistent with 
     the Implementation Plan described in subsection (b) for the 
     selection of projects carried out under this section 
     consistent with subsection (c). Such collaborative process 
     may be the process set forth in title II of the Secure 
     Rural Schools and Community Self-Determination Act, Public 
     Law 106-393.
       (f) Administrative Process.--
       (1) Review.--Projects implemented pursuant to subsection 
     (h) shall not be subject to the appeal requirements of the 
     Appeals Reform Act (section 322 of Public Law 102-381) or 
     review by the Department of the Interior Board of Lands 
     Appeals. Nothing in this section affects projects for which 
     scoping has begun prior to enactment of this Act.
       (2) Regulations.--The Secretary of Agriculture and the 
     Secretary of the Interior, as appropriate, may promulgate 
     such regulations as are necessary to implement this section.
       (g) Conclusive Presumption.--Within--
       (1) one-half mile of any community; or
       (2) key municipal watersheds identified in forest plans in 
     which National Environmental Policy Act documentation and 
     analysis has been completed and no new road construction is 
     allowed, no timber sales are allowed, and no log skidding 
     machines are allowed, unless there are extraordinary 
     circumstances, hazardous fuels reduction actions authorized 
     by subsection (h) are conclusively determined to be 
     categorically excluded from further analysis under the 
     National Environmental Policy Act, and the Secretary of 
     Agriculture or the Secretary of the Interior, as appropriate, 
     need not make any findings as to whether the projects 
     individually or cumulatively have a significant effect on the 
     human environment. This conclusive determination shall apply 
     in any judicial proceeding brought to enforce the National 
     Environmental Policy Act pursuant to this section.
       (h) Categorical Exclusions.--(1) Subject to paragraph (2), 
     until September 30, 2003, the Secretary of Agriculture and 
     the Secretary of the Interior may categorically exclude a 
     proposed hazardous fuels reduction action, including 
     prescribed fire, from documentation in an environmental 
     impact statement or environmental assessment if the proposed 
     hazardous fuels reduction action is located on lands 
     identified as condition class 3 as determined by the 
     Secretary of Agriculture and the Secretary of the Interior 
     and pursuant to scientific mapping surveys and removes no 
     more than 250,000 board feet of merchantable wood products or 
     removes as salvage 1,000,000 board feet or less of 
     merchantable wood products and assures regeneration of 
     harvested or salvaged areas.
       (2) Scoping is required on all actions proposed pursuant to 
     this subsection.
       (i) Extraordinary Circumstances.--For all projects 
     implemented pursuant to this section, if there are 
     extraordinary circumstances, the Secretary of Agriculture and 
     the Secretary of the Interior shall follow agency procedures 
     related to categorical exclusions and extraordinary 
     circumstances.
       (j) Reduce Fire Risk.--In order to ensure that the agencies 
     are implementing projects that reduce the risk of unnaturally 
     intense wildfires, the Secretary of Agriculture and the 
     Secretary of the Interior--
       (1) shall not construct new roads in any inventoried 
     roadless areas part of any project implemented pursuant to 
     this section;
       (2) shall, at their discretion, maintain an ecologically 
     sufficient number of old and large trees appropriate for each 
     ecosystem type and shall focus on thinning from below

[[Page S8942]]

     for all projects implemented pursuant to this section;
       (3) for projects involving key municipal watersheds, must 
     protect or enhance water quality or water quantity available 
     in the area; and
       (4) must deposit in the Treasury of the United States all 
     revenues and receipts generated from projects implemented 
     pursuant to this section.
       (k) Hazardous Fuels Reduction Funding Focus.--In order to 
     focus hazardous fuels reduction activities on the highest 
     priority areas where critical issues of human safety and 
     property loss are the most serious and within key municipal 
     watersheds identified in forest plans, the Secretary of 
     Agriculture and the Secretary of the Interior shall expend 
     all of the hazardous fuels operations funds provided in this 
     Act only on projects in areas identified as condition class 3 
     as defined in subsection (h) and at least seventy percent of 
     the hazardous fuels operations funds provided in this Act 
     only on projects within one-half mile of any community or 
     within key municipal watersheds identified in forest plans. 
     Nothing in this subsection will affect projects for which 
     scoping has begun prior to enactment of this Act.
       (l) Communities.--At least ten percent of the hazardous 
     fuels operations funds provided in this Act shall be spent on 
     projects that benefit small businesses that uses hazardous 
     fuels and are located in small, economically disadvantaged 
     communities.
       (m) Monitoring.--(1) The Secretary of Agriculture and the 
     Secretary of the Interior shall establish a multiparty 
     monitoring process in order to assess a representative 
     sampling of the projects implemented pursuant to this 
     section.
       (2) Funds to implement this subsection shall be derived 
     from hazardous fuels reduction funds.
                                 ______
                                 
  SA 4686. Mr. WELLSTONE submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place insert the following:

     SEC. ____. PROHIBITION ON CONTRACTS WITH CORPORATE 
                   EXPATRIATES.

       (a) In General.--The Secretary may not enter into any 
     contract with a foreign incorporated entity which is treated 
     as an inverted domestic corporation under subsection (b), or 
     any subsidiary of such entity.
       (b) Inverted Domestic Corporation.--For purposes of this 
     section, a foreign incorporated entity shall be treated as an 
     inverted domestic corporation if, pursuant to a plan (or a 
     series of related transactions)--
       (1) the entity has completed the direct or indirect 
     acquisition of substantially all of the properties held 
     directly or indirectly by a domestic corporation or 
     substantially all of the properties constituting a trade or 
     business of a domestic partnership,
       (2) after the acquisition at least 50 percent of the stock 
     (by vote or value) of the entity is held--
       (A) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation, or
       (B) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership, and
       (3) the expanded affiliated group which after the 
     acquisition includes the entity does not have substantial 
     business activities in the foreign country in which or under 
     the law of which the entity is created or organized when 
     compared to the total business activities of such expanded 
     affiliated group.
       (c) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Rules for application of subsection (b).--In applying 
     subsection (b) for purposes of subsection (a), the following 
     rules shall apply:
       (A) Certain stock disregarded.--There shall not be taken 
     into account in determining ownership for purposes of 
     subsection (b)(2)--
       (i) stock held by members of the expanded affiliated group 
     which includes the foreign incorporated entity, or
       (ii) stock of such entity which is sold in a public 
     offering related to the acquisition described in subsection 
     (b)(1).
       (B) Plan deemed in certain cases.--If a foreign 
     incorporated entity acquires directly or indirectly 
     substantially all of the properties of a domestic corporation 
     or partnership during the 4-year period beginning on the date 
     which is 2 years before the ownership requirements of 
     subsection (b)(2) are met, such actions shall be treated as 
     pursuant to a plan.
       (C) Certain transfers disregarded.--The transfer of 
     properties or liabilities (including by contribution or 
     distribution) shall be disregarded if such transfers are part 
     of a plan a principal purpose of which is to avoid the 
     purposes of this section.
       (D) Special rule for related partnerships.--For purposes of 
     applying subsection (b) to the acquisition of a domestic 
     partnership, except as provided in regulations, all 
     partnerships which are under common control (within the 
     meaning of section 482 of the Internal Revenue Code of 1986) 
     shall be treated as 1 partnership.
       (E) Treatment of certain rights.--The Secretary shall 
     prescribe such regulations as may be necessary--
       (i) to treat warrants, options, contracts to acquire stock, 
     convertible debt instruments, and other similar interests as 
     stock, and
       (ii) to treat stock as not stock.
       (2) Expanded affiliated group.--The term ``expanded 
     affiliated group'' means an affiliated group as defined in 
     section 1504(a) of the Internal Revenue Code of 1986 (without 
     regard to section 1504(b) of such Code), except that section 
     1504(a) of such Code shall be applied by substituting ``more 
     than 50 percent'' for ``at least 80 percent'' each place it 
     appears.
       (3) Foreign incorporated entity.--The term ``foreign 
     incorporated entity'' means any entity which is, or but for 
     subsection (b) would be, treated as a foreign corporation for 
     purposes of the Internal Revenue Code of 1986.
       (4) Other definitions.--The terms ``person'', ``domestic'', 
     and ``foreign'' have the meanings given such terms by 
     paragraphs (1), (4), and (5) of section 7701(a) of the 
     Internal Revenue Code of 1986, respectively.
       (d) Waiver.--The President may waive subsection (a) with 
     respect to any specific contract if the President certifies 
     to Congress that the waiver is required in the interest of 
     national security.
                                 ______
                                 
  SA 4687. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, add the following:
       (c) Inspections.--The Under Secretary for Immigration 
     Affairs shall assign officers with expertise and training in 
     immigration and nationality law to all high volume ports of 
     entry in the United States to assist in the inspection of 
     applicants for entry to the United States. For other ports of 
     entry, the Under Secretary shall take steps to ensure that 
     such officers participate in the inspections process. Such 
     officers shall ensure that the inspections policies and 
     procedures regarding applicants for entry to the United 
     States are consistent with the immigration and nationality 
     laws of the United States.
       (d) Training for Border Patrol and Inspectors.--The Under 
     Secretary for Immigration Affairs, in consultation with the 
     Under Secretary for Border and Transportation Protection, 
     will provide timely and ongoing training in immigration and 
     nationality law to personnel performing the border patrol and 
     inspections functions in the Border and Transportation 
     Protection Directorate.
                                 ______
                                 
  SA 4688. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike title XIII and insert the following:

          TITLE XIII--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

     SEC. 1301. ESTABLISHMENT.

       (a) In General.--There is within the Department of Justice 
     the Executive Office for Immigration Review.
       (b) Statutory Construction.--Nothing in title XI, or any 
     amendment made by that title, may be construed to authorize 
     or require the transfer or delegation of any function vested 
     in, or exercised by, the Executive Office for Immigration 
     Review of the Department of Justice, or any officer, 
     employee, or component thereof, immediately prior to the 
     effective date of title XI.

     SEC. 1302. DIRECTOR OF THE AGENCY.

       (a) Appointment.--There shall be at the head of the 
     Executive Office for Immigration Review a Director who shall 
     be appointed by the President, by and with the advice and 
     consent of the Senate.
       (b) Offices.--The Director shall appoint a Deputy Director, 
     General Counsel, Pro Bono Coordinator, and other offices as 
     may be necessary to carry out this title.
       (c) Responsibilities.--The Director shall--
       (1) administer the Executive Office for Immigration Review 
     and be responsible for the promulgation of rules and 
     regulations affecting the agency; and
       (2) appoint and fix the compensation of attorneys, clerks, 
     administrative assistants, and other personnel as may be 
     necessary.

     SEC. 1303. BOARD OF IMMIGRATION APPEALS.

       (a) In General.--The Board of Immigration Appeals (in this 
     title referred to as the ``Board'') shall perform the 
     appellate functions of the Executive Office for Immigration 
     Review. The Board shall consist of a Chair and not less than 
     14 other immigration appeals judges.
       (b) Appointment.--Members of the Board shall be appointed 
     by the Attorney General, in consultation with the Director 
     and the Chair of the Board of Immigration Appeals.
       (c) Qualifications.--The Chair and each other Member of the 
     Board shall be an attorney in good standing of a bar of a 
     State or the District of Columbia and shall have at least 7 
     years of pertinent legal expertise.
       (d) Jurisdiction.--
       (1) In general.--The Board shall have such jurisdiction as 
     was, prior to the date of enactment of this Act, provided by 
     statute or regulation to the Board of Immigration Appeals (as 
     in effect under the Executive Office of Immigration Review).

[[Page S8943]]

       (2) De novo review.--The Board shall have de novo review of 
     any decision by an immigration judge, including any final 
     order of removal.
       (e) Independence of Board Members.--The Members of the 
     Board shall exercise their independent judgment and 
     discretion in the cases coming before the Board.
       (f) Referral of Cases to the Attorney General.--
       (1) In general.--The Board shall refer to the Attorney 
     General for review of any case that--
       (A) the Attorney General directs the Board to refer to the 
     Attorney General;
       (B) the Chairman or a majority of the Board believes should 
     be referred to the Attorney General for review; or
       (C) the Under Secretary of Homeland Security for 
     Immigration Affairs requests be referred to the Attorney 
     General for review.
       (2) Decision of the attorney general.--In any case in which 
     the Attorney General reviews the decision of the Board, the 
     decision of the Attorney General shall be stated in writing 
     and shall be transmitted to the Board for transmittal and 
     service as provided by regulations.

     SEC. 1304. CHIEF IMMIGRATION JUDGE.

       (a) Establishment of Office.--There shall be within the 
     Executive Office for Immigration Review the position of Chief 
     Immigration Judge, who shall administer the immigration 
     courts.
       (b) Duties of the Chief Immigration Judge.--The Chief 
     Immigration Judge shall be responsible for the general 
     supervision, direction, and procurement of resource and 
     facilities and for the general management of immigration 
     court dockets.
       (c) Appointment of Immigration Judges.--Immigration judges 
     shall be appointed by the Attorney General, in consultation 
     with the Director and the Chief Immigration Judge.
       (d) Qualifications.--Each immigration judge, including the 
     Chief Immigration Judge, shall be an attorney in good 
     standing of a bar of a State or the District of Columbia and 
     shall have at least 7 years of pertinent legal expertise.
       (e) Jurisdiction and Authority of Immigration Courts.--The 
     immigration courts shall have such jurisdiction as was, prior 
     to the date of enactment of this Act, provided by statute or 
     regulation to the immigration courts within the Executive 
     Office for Immigration Review of the Department of Justice.
       (f) Independence of Immigration Judges.--The immigration 
     judges shall exercise their independent judgment and 
     discretion in the cases coming before the Immigration Court.

     SEC. 1305. CHIEF ADMINISTRATIVE HEARING OFFICER.

       (a) Establishment of Position.--There shall be within the 
     Executive Office for Immigration Review the position of Chief 
     Administrative Hearing Officer.
       (b) Duties of the Chief Administrative Hearing Officer.--
     The Chief Administrative Hearing Officer shall hear cases 
     brought under sections 274A, 274B, and 274C of the 
     Immigration and Nationality Act.

     SEC. 1306. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Executive 
     Office for Immigration Review such sums as may be necessary 
     to carry out this title.
                                 ______
                                 
  SA 4689. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       In section 301, subsection h, by striking ``(2) The'' and 
     replacing it with ``(2) Except as provided in paragraph (3), 
     the'' and by adding a new paragraph, following the paragraph 
     numbered (2), to read as follows: ``(3) Notwithstanding any 
     other provision of law, the Secretary of the Department of 
     Treasury shall be responsible for all of the activities 
     related to the collection of tax and revenue, promulgation of 
     regulations, and assessment of penalties related to alcohol 
     and tobacco. The authorities, functions, personnel and assets 
     of Department of Treasury employees engaged in the collection 
     of tax and revenue, promulgation of regulations, and 
     assessment of penalties related to alcohol and tobacco at the 
     time of enactment of this legislation shall be retained 
     within the Department of Treasury, but employees engaged in 
     the criminal investigation of violations of laws related to 
     alcohol and tobacco shall be transferred to the Department of 
     Justice in accordance with sections 201 and 301 of this 
     act.''
                                 ______
                                 
  SA 4690. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 4619 submitted by Mr. Jeffords (for himself, Mr. Smith 
of New Hampshire, and Ms. Snowe) and intended to be proposed to the 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

          TITLE ____--DISASTER RELIEF AND EMERGENCY ASSISTANCE

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Homeland Security Block 
     Grant Act of 2002''.

     SEC. ____02. FINDINGS.

       Congress makes the following findings:
       (1) In the wake of the September 11, 2001, terrorist 
     attacks on our country, communities all across American now 
     find themselves on the front lines in the war against 
     terrorism on United States soil.
       (2) We recognize that these communities will be forced to 
     shoulder a significant portion of the burden that goes along 
     with that responsibility. We believe that local governments 
     should not have to bear that responsibility alone.
       (3) Our homeland defense will only be as strong as the 
     weakest link at the State and local level. By providing our 
     communities with the resources and tools they need to bolster 
     emergency response efforts and provide for other emergency 
     response initiatives, we will have a better-prepared home 
     front and a stronger America.

     SEC. ____03. DEFINITIONS.

       (a) Definitions.--In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the Federal Emergency Management Agency (FEMA).
       (2) City.--The term ``city'' means--
       (A) any unit of general local government that is classified 
     as a municipality by the United States Bureau of the Census; 
     or
       (B) any other unit of general local government that is a 
     town or township and which, in the determination of the 
     Director--
       (i) possesses powers and performs functions comparable to 
     those associated with municipalities;
       (ii) is closely settled; and
       (iii) contains within its boundaries no incorporated places 
     as defined by the United States Bureau of the Census that 
     have not entered into cooperation agreements with such town 
     or township to undertake or to assist in the performance of 
     homeland security objectives.
       (3) Federal grant-in-aid program.--The term ``Federal 
     grant-in-aid program'' means a program of Federal financial 
     assistance other than loans and other than the assistance 
     provided by this title.
       (4) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, group, and nation, including Alaska 
     Indians, Aleuts, and Eskimos, and any Alaskan Native Village, 
     of the United States, which is considered an eligible 
     recipient under the Indian Self-Determination and Education 
     Assistance Act (Public Law 93-638) or was considered an 
     eligible recipient under chapter 67 of title 31, United 
     States Code, prior to the repeal of such chapter.
       (5) Metropolitan area.--The term ``metropolitan area'' 
     means a standard metropolitan statistical area as established 
     by the Office of Management and Budget.
       (6) Metropolitan city.--
       (A) In general.--The term ``metropolitan city'' means--
       (i) a city within a metropolitan area that is the central 
     city of such area, as defined and used by the Office of 
     Management and Budget; or
       (ii) any other city, within a metropolitan area, which has 
     a population of fifty thousand or more.
       (B) Period of classification.--Any city that was classified 
     as a metropolitan city for at least 2 years pursuant to 
     subparagraph (A) shall remain classified as a metropolitan 
     city. Any unit of general local government that becomes 
     eligible to be classified as a metropolitan city, and was not 
     classified as a metropolitan city in the immediately 
     preceding fiscal year, may, upon submission of written 
     notification to the Director, defer its classification as a 
     metropolitan city for all purposes under this title, if it 
     elects to have its population included in an urban county 
     under subsection (d).
       (C) Election by a city.--Notwithstanding subparagraph (B), 
     a city may elect not to retain its classification as a 
     metropolitan city. Any unit of general local government that 
     was classified as a metropolitan city in any year, may, upon 
     submission of written notification to the Director, 
     relinquish such classification for all purposes under this 
     title if it elects to have its population included with the 
     population of a county for purposes of qualifying for 
     assistance (for such following fiscal year) under section 
     ____05(e) as an urban county.
       (7) Nonqualifying community.--The term ``nonqualifying 
     community'' means an area that is not a metropolitan city or 
     part of an urban county and does not include Indian tribes.
       (8) Population.--The term ``population'' means total 
     resident population based on data compiled by the United 
     States Bureau of the Census and referable to the same point 
     or period of time.
       (9) State.--The term ``State'' means any State of the 
     United States, or any instrumentality thereof approved by the 
     Governor; and the Commonwealth of Puerto Rico, the United 
     States Virgin Islands, American Samoa, Guam, and the Northern 
     Mariana Islands.
       (10) Unit of general local government.--The term ``unit of 
     general local government'' means any city, county, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State; a combination of such political 
     subdivisions is recognized by the Director; and the District 
     of Columbia.
       (11) Urban county.--The term ``urban county'' means any 
     county within a metropolitan area.

[[Page S8944]]

       (b) Basis and Modification of Definitions.--Where 
     appropriate, the definitions in subsection (a) shall be 
     based, with respect to any fiscal year, on the most recent 
     data compiled by the United States Bureau of the Census and 
     the latest published reports of the Office of Management and 
     Budget available ninety days prior to the beginning of such 
     fiscal year. The Director may by regulation change or 
     otherwise modify the meaning of the terms defined in 
     subsection (a) in order to reflect any technical change or 
     modification thereof made subsequent to such date by the 
     United States Bureau of the Census or the Office of 
     Management and Budget.
       (c) Designation of Public Agencies.--One or more public 
     agencies, including existing local public agencies, may be 
     designated by the chief executive officer of a State or a 
     unit of general local government to undertake activities 
     assisted under this title.
       (d) Local Governments, Inclusion in Urban County 
     Population.--With respect to program years beginning with the 
     program year for which grants are made available from amounts 
     appropriated for fiscal year 2002 under section ____04, the 
     population of any unit of general local government which is 
     included in that of an urban county as provided in subsection 
     (a)(11) shall be included in the population of such urban 
     county for three program years beginning with the program 
     year in which its population was first so included and shall 
     not otherwise be eligible for a grant as a separate entity, 
     unless the urban county does not receive a grant for any year 
     during such three-year period.
       (e) Urban County.--Any county seeking qualification as an 
     urban county, including any urban county seeking to continue 
     such qualification, shall notify, as provided in this 
     subsection, each unit of general local government, which is 
     included therein and is eligible to elect to have its 
     population excluded from that of an urban county, of its 
     opportunity to make such an election. Such notification 
     shall, at a time and in a manner prescribed by the Director, 
     be provided so as to provide a reasonable period for response 
     prior to the period for which such qualification is sought. 
     The population of any unit of general local government which 
     is provided such notification and which does not inform, at a 
     time and in a manner prescribed by the Director, the county 
     of its election to exclude its population from that of the 
     county shall, if the county qualifies as an urban county, be 
     included in the population of such urban county as provided 
     in subsection (d).

     SEC. ____04. GRANTS TO STATES, UNITS OF GENERAL LOCAL 
                   GOVERNMENT AND INDIAN TRIBES; AUTHORIZATIONS.

       The Director, working in consultation with the Attorney 
     General is authorized to make grants to States, units of 
     general local government, and Indian tribes to carry out 
     activities in accordance with the provisions of this title. 
     For purposes of assistance under section ____07, there is 
     authorized to be appropriated $3,000,000,000 for each of 
     fiscal years 2003 through 2006, and such additional sums as 
     are authorized thereafter. For purposes of assistance under 
     section ____08, there is authorized to be appropriated 
     $500,000,000 in fiscal year 2003, and such sums as are 
     authorized thereafter.

     SEC. ____05. STATEMENT OF ACTIVITIES AND REVIEW.

       (a) Application.--Prior to the receipt in any fiscal year 
     of a grant under section ____07(b) by any metropolitan city 
     or urban county, under section ____07(d) by any State, or 
     under section ____07(d)(2) by any unit of general local 
     government, the grantee shall have indicated its interest in 
     receiving funds by preparing a statement of homeland security 
     objectives and projected use of funds and shall have provided 
     the Director with the certifications required in subsection 
     (b) and, where appropriate, subsection (c). In the case of 
     metropolitan cities and urban counties receiving grants 
     pursuant to section ____07(b) and in the case of units of 
     general local government receiving grants pursuant to section 
     ____07(d)(2), the statement of projected use of funds shall 
     consist of proposed homeland security activities. In the case 
     of States receiving grants pursuant to section ____07(d), the 
     statement of projected use of funds shall consist of the 
     method by which the States will distribute funds to units of 
     general local government. In preparing the statement, the 
     grantee shall consider any view of appropriate law 
     enforcement, and emergency response authorities and may, if 
     deemed appropriate by the grantee, modify the proposed 
     statement. A copy of the final statement shall be furnished 
     to the Director, the Attorney General, and the Office of 
     Homeland Security together with the certifications required 
     under subsection (b) and, where appropriate, subsection (c). 
     Any final statement of activities may be modified or amended 
     from time to time by the grantee in accordance with the same 
     procedures required in this paragraph for the preparation and 
     submission of such statement.
       (b) Certification of Enumerated Criteria by Grantee to 
     Secretary.--Any grant under section ____07 shall be made only 
     if the grantee certifies to the satisfaction of the Director 
     that--
       (1) it has developed a homeland security plan pursuant to 
     section ____05 that identifies both short- and long-term 
     homeland security needs that have been developed in 
     accordance with the primary objective and requirements of 
     this title; and
       (2) the grantee will comply with the other provisions of 
     this title and with other applicable laws.
       (c) Submission of Annual Performance Reports, Audits and 
     Adjustments.--
       (1) In general.--Each grantee shall submit to the Director, 
     at a time determined by the Director, a performance and 
     evaluation report concerning the use of funds made available 
     under section ____07, together with an assessment by the 
     grantee of the relationship of such use to the objectives 
     identified in the grantee's statement under subsection (a). 
     The Director shall encourage and assist national associations 
     of grantees eligible under section ____07, national 
     associations of States, and national associations of units of 
     general local government in nonqualifying areas to develop 
     and recommend to the Director, within 1 year after the 
     effective date of this sentence, uniform recordkeeping, 
     performance reporting, evaluation reporting, and auditing 
     requirements for such grantees, States, and units of general 
     local government, respectively. Based on the Director's 
     approval of these recommendations, the Director shall 
     establish such requirements for use by such grantees, States, 
     and units of general local government.
       (2) Reviews and audits.--The Director shall, at least on an 
     annual basis, make such reviews and audits as may be 
     necessary or appropriate to determine--
       (A) in the case of grants made under section ____07(b), 
     whether the grantee has carried out its activities and, where 
     applicable, whether the grantee has carried out those 
     activities and its certifications in accordance with the 
     requirements and the primary objectives of this title and 
     with other applicable laws, and whether the grantee has a 
     continuing capacity to carry out those activities in a timely 
     manner; and
       (B) in the case of grants to States made under section 
     ____07(d), whether the State has distributed funds to units 
     of general local government in a timely manner and in 
     conformance to the method of distribution described in its 
     statement, whether the State has carried out its 
     certifications in compliance with the requirements of this 
     title and other applicable laws, and whether the State has 
     made such reviews and audits of the units of general local 
     government as may be necessary or appropriate to determine 
     whether they have satisfied the applicable performance 
     criteria described in subparagraph (A).
       (3) Adjustments.--The Director may make appropriate 
     adjustments in the amount of the annual grants in accordance 
     with the Director's findings under this subsection. With 
     respect to assistance made available to units of general 
     local government under section ____07(d), the Director may 
     adjust, reduce, or withdraw such assistance, or take other 
     action as appropriate in accordance with the Director's 
     reviews and audits under this subsection, except that funds 
     already expended on eligible activities under this title 
     shall not be recaptured or deducted from future assistance to 
     such units of general local government.
       (d) Audits.--Insofar as they relate to funds provided under 
     this title, the financial transactions of recipients of such 
     funds may be audited by the General Accounting Office under 
     such rules and regulations as may be prescribed by the 
     Comptroller General of the United States. The representatives 
     of the General Accounting Office shall have access to all 
     books, accounts, records, reports, files, and other papers, 
     things, or property belonging to or in use by such recipients 
     pertaining to such financial transactions and necessary to 
     facilitate the audit.
       (e) Metropolitan City as Part of Urban County.--In any case 
     in which a metropolitan city is located, in whole or in part, 
     within an urban county, the Director may, upon the joint 
     request of such city and county, approve the inclusion of the 
     metropolitan city as part of the urban county for purposes of 
     submitting a statement under section ____05 and carrying out 
     activities under this title.

     SEC. ____06. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

       (a) In General.--Activities assisted under this title may 
     include only--
       (1) funding additional law enforcement, fire, and emergency 
     resources, including covering overtime expenses;
       (2) purchasing and refurbishing personal protective 
     equipment for fire, police, and emergency personnel and 
     acquire state-of-the-art technology to improve communication 
     and streamline efforts;
       (3) improving cyber and infrastructure security by 
     improving--
       (A) security for water treatment plants, distribution 
     systems, and other water infrastructure; nuclear power plants 
     and other power infrastructure;
       (B) security for tunnels and bridges;
       (C) security for oil and gas pipelines and storage 
     facilities; and
       (D) security for chemical plants and transportation of 
     hazardous substances;
       (4) assisting Local Emergency Planning Committees so that 
     local public agencies can design, review, and improve 
     disaster response systems;
       (5) assisting communities in coordinating their efforts and 
     sharing information with all relevant agencies involved in 
     responding to terrorist attacks;
       (6) establishing timely notification systems that enable 
     communities to communicate with each other when a threat 
     emerges;
       (7) improving communication systems to provide information 
     to the public in a timely manner about the facts of any 
     threat and the precautions the public should take; and

[[Page S8945]]

       (8) devising a homeland security plan, including 
     determining long-term goals and short-term objectives, 
     evaluating the progress of the plan, and carrying out the 
     management, coordination, and monitoring of activities 
     necessary for effective planning implementation.

     SEC. ____07. ALLOCATION AND DISTRIBUTION OF FUNDS.

       (a) Allocation and Distribution of Funds; Set-Aside for 
     Indian Tribes.--
       (1) Allocation.--For each fiscal year, of the amount 
     approved in an appropriation Act under section ____04 for 
     grants in a year (excluding the amounts provided for use in 
     accordance with section ____06), the Director shall reserve 
     for grants to Indian tribes 1 percent of the amount 
     appropriated under such section. The Director shall provide 
     for distribution of amounts under this paragraph to Indian 
     tribes on the basis of a competition conducted pursuant to 
     specific criteria for the selection of Indian tribes to 
     receive such amounts. The criteria shall be contained in a 
     regulation promulgated by the Director after notice and 
     public comment.
       (2) Remaining allocation.--Of the amount remaining after 
     allocations pursuant to paragraph (1), 70 percent shall be 
     allocated by the Director to metropolitan cities and urban 
     counties. Except as otherwise specifically authorized, each 
     metropolitan city and urban county shall be entitled to an 
     annual grant, to the extent authorized beyond fiscal year 
     2002, from such allocation in an amount not exceeding its 
     basic amount computed pursuant to paragraph (1) or (2) of 
     subsection (b).
       (b) Computation of Amount Allocated to Metropolitan Cities 
     and Urban Counties.--
       (1) In general.--The Director shall determine the amount to 
     be allocated to each metropolitan city based on the 
     population of that metropolitan city.
       (2) Urban counties.--The Director shall determine the 
     amount to be allocated to each urban county based on the 
     population of that urban county.
       (3) Exclusions.--In computing amounts or exclusions under 
     this section with respect to any urban county, there shall be 
     excluded units of general local government located in the 
     county the populations that are not counted in determining 
     the eligibility of the urban county to receive a grant under 
     this subsection, except that there shall be included any 
     independent city (as defined by the Bureau of the Census) 
     which--
       (A) is not part of any county;
       (B) is not eligible for a grant pursuant to subsection 
     (b)(1);
       (C) is contiguous to the urban county;
       (D) has entered into cooperation agreements with the urban 
     county which provide that the urban county is to undertake or 
     to assist in the undertaking of essential community 
     development and housing assistance activities with respect to 
     such independent city; and
       (E) is not included as a part of any other unit of general 
     local government for purposes of this section.

     Any independent city that is included in any fiscal year for 
     purposes of computing amounts pursuant to the preceding 
     sentence shall not be eligible to receive assistance under 
     subsection (d) with respect to such fiscal year.
       (4) Inclusions.--In computing amounts under this section 
     with respect to any urban county, there shall be included all 
     of the area of any unit of local government which is part of, 
     but is not located entirely within the boundaries of, such 
     urban county if the part of such unit of local government 
     which is within the boundaries of such urban county would 
     otherwise be included in computing the amount for such urban 
     county under this section, and if the part of such unit of 
     local government that is not within the boundaries of such 
     urban county is not included as a part of any other unit of 
     local government for the purpose of this section. Any amount 
     received by such urban county under this section may be used 
     with respect to the part of such unit of local government 
     that is outside the boundaries of such urban county.
       (5) Population.--(A) Where data are available, the amount 
     determined under paragraph (1) for a metropolitan city that 
     has been formed by the consolidation of one or more 
     metropolitan cities with an urban county shall be equal to 
     the sum of the amounts that would have been determined under 
     paragraph (1) for the metropolitan city or cities and the 
     balance of the consolidated government, if such consolidation 
     had not occurred. This paragraph shall apply only to any 
     consolidation that--
       (i) included all metropolitan cities that received grants 
     under this section for the fiscal year preceding such 
     consolidation and that were located within the urban county;
       (ii) included the entire urban county that received a grant 
     under this section for the fiscal year preceding such 
     consolidation; and
       (iii) took place on or after January 1, 2002.
       (B) The population growth rate of all metropolitan cities 
     referred to in section ____03 shall be based on the 
     population of--
       (i) metropolitan cities other than consolidated governments 
     the grant for which is determined under this paragraph; and
       (ii) cities that were metropolitan cities before their 
     incorporation into consolidated governments. For purposes of 
     calculating the entitlement share for the balance of the 
     consolidated government under this paragraph, the entire 
     balance shall be considered to have been an urban county.
       (c) Reallocation.--
       (1) In general.--Except as provided in paragraph (2), any 
     amounts allocated to a metropolitan city or an urban county 
     pursuant to the preceding provisions of this section that are 
     not received by the city or county for a fiscal year because 
     of failure to meet the requirements of subsections (a) and 
     (b) of section ____05, or that otherwise became available, 
     shall be reallocated in the succeeding fiscal year to the 
     other metropolitan cities and urban counties in the same 
     metropolitan area that certify to the satisfaction of the 
     Director that they would be adversely affected by the loss of 
     such amounts from the metropolitan area. The amount of the 
     share of funds reallocated under this paragraph for any 
     metropolitan city or urban county shall bear the same ratio 
     to the total of such reallocated funds in the metropolitan 
     area as the amount of funds awarded to the city or county for 
     the fiscal year in which the reallocated funds become 
     available bears to the total amount of funds awarded to all 
     metropolitan cities and urban counties in the same 
     metropolitan area for that fiscal year.
       (2) Transfer.--Notwithstanding the provisions of paragraph 
     (1), the Director may upon request transfer responsibility to 
     any metropolitan city for the administration of any amounts 
     received, but not obligated, by the urban county in which 
     such city is located if--
       (A) such city was an included unit of general local 
     government in such county prior to the qualification of such 
     city as a metropolitan city;
       (B) such amounts were designated and received by such 
     county for use in such city prior to the qualification of 
     such city as a metropolitan city; and
       (C) such city and county agree to such transfer of 
     responsibility for the administration of such amounts.
       (d) Allocation to States on Behalf of Non-qualifying 
     Communities.--
       (1) In general.--Of the amount approved in an appropriation 
     Act under section ____04 that remains after allocations 
     pursuant to paragraphs (1) and (2) of subsection (a), 30 
     percent shall be allocated among the States for use in 
     nonqualifying areas. The allocation for each State shall be 
     based on the population of that State, relative to the 
     populations of all States, excluding the population of 
     qualifying communities. The Director shall, in order to 
     compensate for the discrepancy between the total of the 
     amounts to be allocated under this paragraph and the total of 
     the amounts available under such paragraph, make a pro rata 
     reduction of each amount allocated to the nonqualifying 
     communities in each State under such paragraph so that the 
     nonqualifying communities in each State will receive an 
     amount that represents the same percentage of the total 
     amount available under such paragraph as the percentage which 
     the nonqualifying areas of the same State would have received 
     under such paragraph if the total amount available under such 
     paragraph had equaled the total amount which was allocated 
     under such paragraph.
       (2) Distribution.--(A) Amounts allocated under paragraph 
     (1) shall be distributed to units of general local government 
     located in nonqualifying areas of the State to carry out 
     activities in accordance with the provisions of this title--
       (i) by a State that has elected, in such manner and at such 
     time as the Director shall prescribe, to distribute such 
     amounts consistent with the statement submitted under section 
     ____05(a); or
       (ii) by the Director, in any case described in subparagraph 
     (B), for use by units of general local government in 
     accordance with paragraph (3)(B).
       (B) The Director shall distribute amounts allocated under 
     paragraph (1) if the State has not elected to distribute such 
     amounts.
       (C) To receive and distribute amounts allocated under 
     paragraph (1), the State must certify that it, with respect 
     to units of general local government in nonqualifying areas--
       (i) provides or will provide technical assistance to units 
     of general local government in connection with homeland 
     security initiatives;
       (ii) will not refuse to distribute such amounts to any unit 
     of general local government on the basis of the particular 
     eligible activity selected by such unit of general local 
     government to meet its homeland security objectives, except 
     that this clause may not be considered to prevent a State 
     from establishing priorities in distributing such amounts on 
     the basis of the activities selected; and
       (iii) has consulted with local elected officials from among 
     units of general local government located in nonqualifying 
     areas of that State in determining the method of distribution 
     of funds required by subparagraph (A).
       (D) To receive and distribute amounts allocated under 
     paragraph (1), the State shall certify that each unit of 
     general local government to be distributed funds will be 
     required to identify its homeland security objectives, and 
     the activities to be undertaken to meet such objectives.
       (3) Minimum amount.--
       (A) In general.--Each State (other than the District of 
     Columbia, Puerto Rico, the Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands) 
     shall receive for each fiscal year a

[[Page S8946]]

     base amount of $18,000,000 of the total amount appropriated 
     for each fiscal year for grants made available to States 
     under this section.
       (B) District of columbia and territories.--The District of 
     Columbia, Puerto Rico, the Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands 
     shall each receive for each fiscal year $3,000,000 of the 
     total amount appropriated for each fiscal year for grants 
     made available to States under this section.
       (4) Administration.--(A) If the State receives and 
     distributes such amounts, it shall be responsible for the 
     administration of funds so distributed. The State shall pay 
     from its own resources all administrative expenses incurred 
     by the State in carrying out its responsibilities under this 
     title, except that from the amounts received for distribution 
     in nonqualifying areas, the State may deduct an amount to 
     cover such expenses and its administrative expenses not to 
     exceed the sum of $150,000 plus 50 percent of any such 
     expenses under this title in excess of $150,000. Amounts 
     deducted in excess of $150,000 shall not exceed 2 percent of 
     the amount so received.
       (B) If the Director distributes such amounts, the 
     distribution shall be made in accordance with determinations 
     of the Director pursuant to statements submitted and the 
     other requirements of section ____05 (other than subsection 
     (c)) and in accordance with regulations and procedures 
     prescribed by the Director.
       (C) Any amounts allocated for use in a State under 
     paragraph (1) that are not received by the State for any 
     fiscal year because of failure to meet the requirements of 
     subsection (a) or (b) of section ____05 shall be added to 
     amounts allocated to all States under paragraph (1) for the 
     succeeding fiscal year.
       (D) Any amounts allocated for use in a State under 
     paragraph (1) that become available as a result of the 
     closeout of a grant made by the Director under this section 
     in nonqualifying areas of the State shall be added to amounts 
     allocated to the State under paragraph (1) for the fiscal 
     year in which the amounts become so available.
       (5) Single unit.--Any combination of units of general local 
     governments may not be required to obtain recognition by the 
     Director pursuant to section ____03(2) to be treated as a 
     single unit of general local government for purposes of this 
     subsection.
       (6) Deduction.--From the amounts received under paragraph 
     (1) for distribution in nonqualifying areas, the State may 
     deduct an amount, not to exceed 1 percent of the amount so 
     received, to provide technical assistance to local 
     governments.
       (7) Applicability.--Any activities conducted with amounts 
     received by a unit of general local government under this 
     subsection shall be subject to the applicable provisions of 
     this title and other Federal law in the same manner and to 
     the same extent as activities conducted with amounts received 
     by a unit of general local government under subsection (a).
       (e) Qualifications and Determinations.--The Director may 
     fix such qualification or submission dates as he determines 
     are necessary to permit the computations and determinations 
     required by this section to be made in a timely manner, and 
     all such computations and determinations shall be final and 
     conclusive.
       (f) Pro Rata Reduction and Increase.--If the total amount 
     available for distribution in any fiscal year to metropolitan 
     cities and urban counties under this section is insufficient 
     to provide the amounts to which metropolitan cities and urban 
     counties would be entitled under subsection (b), and funds 
     are not otherwise appropriated to meet the deficiency, the 
     Director shall meet the deficiency through a pro rata 
     reduction of all amounts determined under subsection (b). If 
     the total amount available for distribution in any fiscal 
     year to metropolitan cities and urban counties under this 
     section exceeds the amounts to which metropolitan cities and 
     urban counties would be entitled under subsection (b), the 
     Director shall distribute the excess through a pro rata 
     increase of all amounts determined under subsection (b).

     SEC. ____08. STATE AND REGIONAL PLANNING; COMMUNICATIONS 
                   SYSTEMS.

       (a) In General.--Pursuant to section ____04, $500,000,000 
     shall be used for homeland defense planning within the States 
     by the States, for interstate, multistate or regional 
     authorities, and within regions through regional 
     cooperations; the development and maintenance of Statewide 
     training facilities and homeland best-practices 
     clearinghouses; and the development and maintenance of 
     communications systems that can be used between and among 
     first responders, including law enforcement, fire, and 
     emergency medical personnel as follows:
       (1) $325,000,000 to the States, and interstate, multistate 
     or regional authorities: for homeland defense planning, 
     coordination and implementation;
       (2) $50,000,000 to regional cooperations for homeland 
     defense planning and coordination;
       (3) $50,000,000 to the States for the development and 
     maintenance of Statewide training facilities and best-
     practices clearinghouses; and
       (4) $75,000,000 to the States for the States and for local 
     communities for the development and maintenance of 
     communications systems that can be used between and among 
     first responders at the State and local level, including law 
     enforcement, fire, and emergency personnel.
       (b) Allocations.--Funds under this section to be awarded to 
     States shall be allocated among the States based upon the 
     population for each State relative to the populations of all 
     States. The ``minimum amount'' provision set forth in section 
     ____07(d)(3) shall apply to funds awarded under this section 
     to States. With respect to subsection (a)(4), at least 30 
     percent of the funds awarded must be used for the development 
     and maintenance of local communications systems.
       (c) Regional Cooperations.--Funds under this section to be 
     awarded to regional cooperations shall be allocated among the 
     regional cooperations based upon the population of the areas 
     covered by the cooperations.

     SEC. ____09. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.

       No person in the United States shall on the ground of race, 
     color, national origin, religion, or sex be excluded from 
     participation in, be denied the benefits of, or be subjected 
     to discrimination under any program or activity funded in 
     whole or in part with funds made available under this title. 
     Any prohibition against discrimination on the basis of age 
     under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.) or with respect to an otherwise qualified handicapped 
     individual as provided in section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794) shall also apply to any such 
     program or activity.

     SEC. ____10. REMEDIES FOR NONCOMPLIANCE WITH REQUIREMENTS.

       If the Director finds after reasonable notice and 
     opportunity for hearing that a recipient of assistance under 
     this title has failed to comply substantially with any 
     provision of this title, the Director, until he is satisfied 
     that there is no longer any such failure to comply, shall--
       (1) terminate payments to the recipient under this title;
       (2) reduce payments to the recipient under this title by an 
     amount equal to the amount of such payments which were not 
     expended in accordance with this title; or
       (3) limit the availability of payments under this title to 
     programs, projects, or activities not affected by such 
     failure to comply.

     SEC. ____11. REPORTING REQUIREMENTS.

       (a) In General.--Not later than 180 days after the close of 
     each fiscal year in which assistance under this title is 
     furnished, the Director shall submit to Congress a report 
     which shall contain--
       (1) a description of the progress made in accomplishing the 
     objectives of this title;
       (2) a summary of the use of such funds during the preceding 
     fiscal year; and
       (3) a description of the activities carried out under 
     section ____07.
       (b) Reports to the Director.--The Director is authorized to 
     require recipients of assistance under this title to submit 
     to him such reports and other information as may be necessary 
     in order for the Director to make the report required by 
     subsection (a).

     SEC. ____12. CONSULTATION BY ATTORNEY GENERAL.

       In carrying out the provisions of this title including the 
     issuance of regulations, the Director shall consult with the 
     Attorney General especially as to any issues of concern to 
     the law enforcement community, the Office of Homeland 
     Security, and other Federal departments and agencies 
     administering Federal grant-in-aid programs.

     SEC. ____13. INTERSTATE AGREEMENTS OR COMPACTS; PURPOSES.

       The consent of the Congress is hereby given to any two or 
     more States to enter into agreements or compacts, not in 
     conflict with any law of the United States, for cooperative 
     effort and mutual assistance in support of homeland security 
     planning and programs carried out under this title as they 
     pertain to interstate areas and to localities within such 
     States, and to establish such agencies, joint or otherwise, 
     as they may deem desirable for making such agreements and 
     compacts effective.

     SEC. ____14. MATCHING REQUIREMENTS; SUSPENSION OF 
                   REQUIREMENTS FOR ECONOMICALLY DISTRESSED AREAS.

       (a) Requirement.--Grant recipients shall contribute from 
     funds, other than those received under this title, 10 percent 
     of the total funds received under this title. Such funds 
     shall be used in accordance with the grantee's statement of 
     homeland security objectives.
       (b) Economic Distress.--Grant recipients that are deemed 
     economically distressed shall be waived from the matching 
     requirement set forth in this section.
                                 ______
                                 
  SA 4691. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 4619 submitted by Mr. Jeffords (for himself, Mr. Smith 
of New Hampshire, and Ms. Snowe) and intended to be proposed to the 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:

       Amendment intended to be proposed by Mrs. Clinton to the 
     amendment (No. 4619) proposed by Mr. Jeffords strike section 
     630(c)(2) and insert the following:

     SEC. 173. FIRST RESPONDER PERSONNEL COSTS.

       Local governments receiving Federal homeland security 
     funding under this Act,

[[Page S8947]]

     whether directly or as a pass-through from the States, may 
     use up to 20 percent of Federal funds received for first time 
     responder personnel costs, including overtime costs.
                                 ______
                                 
  SA 4692. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                        DIVISION D--FBI REFORMS

     SEC. 3001. SHORT TITLE.

       This division may be cited as the ``Federal Bureau of 
     Investigation Reform Act of 2002''.

                  TITLE XXXI--IMPROVING FBI OVERSIGHT

     SEC. 3101. AUTHORITY OF THE DEPARTMENT OF JUSTICE INSPECTOR 
                   GENERAL.

       Section 8E of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended--
       (1) in subsection (b), by striking paragraphs (2) and (3) 
     and inserting the following:
       ``(2) except as specified in subsection (a) and paragraph 
     (3), may investigate allegations of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice, or may, in the discretion of the Inspector General, 
     refer such allegations to the Office of Professional 
     Responsibility or the internal affairs office of the 
     appropriate component of the Department of Justice;
       ``(3) shall refer to the Counsel, Office of Professional 
     Responsibility of the Department of Justice, allegations of 
     misconduct involving Department attorneys, investigators, or 
     law enforcement personnel, where the allegations relate to 
     the exercise of the authority of an attorney to investigate, 
     litigate, or provide legal advice, except that no such 
     referral shall be made if the attorney is employed in the 
     Office of Professional Responsibility;
       ``(4) may investigate allegations of criminal wrongdoing or 
     administrative misconduct, including a failure to properly 
     discipline employees, by a person who is the head of any 
     agency or component of the Department of Justice; and
       ``(5) shall forward the results of any investigation 
     conducted under paragraph (4), along with any appropriate 
     recommendation for disciplinary action, to the Attorney 
     General, who is authorized to take appropriate disciplinary 
     action.''; and
       (2) by adding at the end the following:
       ``(d) If the Attorney General does not follow any 
     recommendation of the Inspector General made under subsection 
     (b)(5), the Attorney General shall submit a report to the 
     chairperson and ranking member of the Committees on the 
     Judiciary of the Senate and the House of Representatives that 
     sets forth the recommendation of the Inspector General and 
     the reasons of the Attorney General for not following that 
     recommendation.
       ``(e) The Attorney General shall ensure by regulation that 
     any component of the Department of Justice receiving a 
     nonfrivolous allegation of criminal wrongdoing or 
     administrative misconduct by an employee of the Department of 
     Justice shall report that information to the Inspector 
     General.''.

     SEC. 3102. REVIEW OF THE DEPARTMENT OF JUSTICE.

       (a) Appointment of Oversight Official Within the Office of 
     Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     Justice shall direct that 1 official from the office of the 
     Inspector General be responsible for supervising and 
     coordinating independent oversight of programs and operations 
     of the Federal Bureau of Investigation until September 30, 
     2003.
       (2) Continuation of oversight.--The Inspector General may 
     continue individual oversight in accordance with paragraph 
     (1) after September 30, 2003, at the discretion of the 
     Inspector General.
       (b) Inspector General Oversight Plan for the Federal Bureau 
     of Investigation.--Not later than 30 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Justice shall submit to the Chairperson and 
     ranking member of the Committees on the Judiciary of the 
     Senate and the House of Representatives, a plan for oversight 
     of the Federal Bureau of Investigation, which plan may 
     include--
       (1) an audit of the financial systems, information 
     technology systems, and computer security systems of the 
     Federal Bureau of Investigation;
       (2) an audit and evaluation of programs and processes of 
     the Federal Bureau of Investigation to identify systemic 
     weaknesses or implementation failures and to recommend 
     corrective action;
       (3) a review of the activities of internal affairs offices 
     of the Federal Bureau of Investigation, including the 
     Inspections Division and the Office of Professional 
     Responsibility;
       (4) an investigation of allegations of serious misconduct 
     by personnel of the Federal Bureau of Investigation;
       (5) a review of matters relating to any other program or 
     operation of the Federal Bureau of Investigation that the 
     Inspector General determines requires review; and
       (6) an identification of resources needed by the Inspector 
     General to implement a plan for oversight of the Federal 
     Bureau of Investigation.
       (c) Report on Inspector General for Federal Bureau of 
     Investigation.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report and recommendation to the Chairperson and ranking 
     member of the Committees on the Judiciary of the Senate and 
     the House of Representatives concerning--
       (1) whether there should be established, within the 
     Department of Justice, a separate office of theInspector 
     General for the Federal Bureau of Investigation that shall be 
     responsible for supervising independent oversight of programs 
     and operations of the Federal Bureau of Investigation;
       (2) what changes have been or should be made to the rules, 
     regulations, policies, or practices governing the Federal 
     Bureau of Investigation in order to assist the Office of the 
     Inspector General in effectively exercising its authority to 
     investigate the conduct of employees of the Federal Bureau of 
     Investigation;
       (3) what differences exist between the methods and 
     practices used by different Department of Justice components 
     in the investigation and adjudication of alleged misconduct 
     by Department of Justice personnel;
       (4) what steps should be or are being taken to make the 
     methods and practices described in paragraph (3) uniform 
     throughout the Department of Justice; and
       (5) whether a set of recommended guidelines relating to the 
     discipline of Department of Justice personnel for misconduct 
     should be developed, and what factors, such as the nature and 
     seriousness of the misconduct, the prior history of the 
     employee, and the rank and seniority of the employee at the 
     time of the misconduct, should be taken into account in 
     establishing such recommended disciplinary guidelines.

     SEC. 3103. AUTHORIZATION OF APPROPRIATIONS.

       (a) Department of Justice.--There is authorized to be 
     appropriated $2,000,000 to the Department of Justice for 
     fiscal year 2003--
       (1) for salary, pay, retirement, and other costs associated 
     with increasing the staffing level of the Office of Inspector 
     General by 25 full-time special agents who shall conduct an 
     increased number of audits, inspections, and investigations 
     of alleged misconduct by employees of the Federal Bureau of 
     Investigation;
       (2) to fund expanded audit coverage of the grant programs 
     administered by the Office of Justice Programs of the 
     Department of Justice; and
       (3) to conduct special reviews of efforts by the Federal 
     Bureau of Investigation to implement recommendations made by 
     the Office of Inspector General in reports on alleged 
     misconduct by the Bureau.
       (b) Federal Bureau of Investigation.--There is authorized 
     to be appropriated $1,700,000 to the Federal Bureau of 
     Investigation for fiscal year 2003 for salary, pay, 
     retirement, and other costs associated with increasing the 
     staffing level of the Office of Professional Responsibility 
     by 10 full-time special agents and 4 full-time support 
     employees.

                 TITLE XXXII--WHISTLEBLOWER PROTECTION

     SEC. 3201. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

       Section 2303 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 2303. Prohibited personnel practices in the Federal 
       Bureau of Investigation

       ``(a) Definition.--In this section, the term `personnel 
     action' means any action described in clauses (i) through (x) 
     of section 2302(a)(2)(A).
       ``(b) Prohibited Practices.--Any employee of the Federal 
     Bureau of Investigation who has the authority to take, direct 
     others to take, recommend, or approve any personnel action, 
     shall not, with respect to such authority, take or fail to 
     take a personnel action with respect to any employee of the 
     Bureau or because of--
       ``(1) any disclosure of information by the employee to the 
     Attorney General (or an employee designated by the Attorney 
     General for such purpose), a supervisor of the employee, the 
     Inspector General for the Department of Justice, or a Member 
     of Congress that the employee reasonably believes evidences--
       ``(A) a violation of any law, rule, or regulation; or
       ``(B) mismanagement, a gross waste of funds, an abuse of 
     authority, or a substantial and specific danger to public 
     health or safety; or
       ``(2) any disclosure of information by the employee to the 
     Special Counsel of information that the employee reasonably 
     believes evidences--
       ``(A) a violation of any law, rule, or regulation; or
       ``(B) mismanagement, a gross waste of funds, an abuse of 
     authority, or a substantial and specific danger to public 
     health or safety,

     if such disclosure is not specifically prohibited by law and 
     if such information is not specifically required by Executive 
     order to be kept secret in the interest of national defense 
     or the conduct of foreign affairs.
       ``(c) Individual Right of Action.--Chapter 12 of this title 
     shall apply to an employee of the Federal Bureau of 
     Investigation who claims that a personnel action has been 
     taken under this section against the employee as a reprisal 
     for any disclosure of information described in subsection 
     (b)(2).
       ``(d) Regulations.--The Attorney General shall prescribe 
     regulations to ensure that a personnel action under this 
     section shall not be taken against an employee of the Federal 
     Bureau of Investigation as a reprisal for any disclosure of 
     information described in subsection (b)(1), and shall provide 
     for the enforcement of such regulations in a manner

[[Page S8948]]

     consistent with applicable provisions of sections 1214 and 
     1221, and in accordance with the procedures set forth in 
     sections 554 through 557 and 701 through 706.''.

               TITLE XXXIII--FBI SECURITY CAREER PROGRAM

     SEC. 3301. SECURITY MANAGEMENT POLICIES.

       The Attorney General shall establish policies and 
     procedures for the effective management (including accession, 
     education, training, and career development) of persons 
     serving in security positions in the Federal Bureau of 
     Investigation.

     SEC. 3302. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION.

       (a) In General.--Subject to the authority, direction, and 
     control of the Attorney General, the Director of the Federal 
     Bureau of Investigation (referred to in this title as the 
     ``Director'') shall carry out all powers, functions, and 
     duties of the Attorney General with respect to the security 
     workforce in the Federal Bureau of Investigation.
       (b) Policy Implementation.--The Director shall ensure that 
     the policies of the Attorney General established in 
     accordance with this Act are implemented throughout the 
     Federal Bureau of Investigation at both the headquarters and 
     field office levels.

     SEC. 3303. DIRECTOR OF SECURITY.

       The Director shall appoint a Director of Security, or such 
     other title as the Director may determine, to assist the 
     Director in the performance of the duties of the Director 
     under this Act.

     SEC. 3304. SECURITY CAREER PROGRAM BOARDS.

       (a) Establishment.--The Director acting through the 
     Director of Security shall establish a security career 
     program board to advise the Director in managing the hiring, 
     training, education, and career development of personnel in 
     the security workforce of the Federal Bureau of 
     Investigation.
       (b) Composition of Board.--The security career program 
     board shall include--
       (1) the Director of Security (or a representative of the 
     Director of Security);
       (2) the senior officials, as designated by the Director, 
     with responsibility for personnel management;
       (3) the senior officials, as designated by the Director, 
     with responsibility for information management;
       (4) the senior officials, as designated by the Director, 
     with responsibility for training and career development in 
     the various security disciplines; and
       (5) such other senior officials for the intelligence 
     community as the Director may designate.
       (c) Chairperson.--The Director of Security (or a 
     representative of the Director of Security) shall be the 
     chairperson of the board.
       (d) Subordinate Boards.--The Director of Security may 
     establish a subordinate board structure to which functions of 
     the security career program board may be delegated.

     SEC. 3305. DESIGNATION OF SECURITY POSITIONS.

       (a) Designation.--The Director shall designate, by 
     regulation, those positions in the Federal Bureau of 
     Investigation that are security positions for purposes of 
     this Act.
       (b) Required Positions.--In designating security positions 
     under subsection (a), the Director shall include, at a 
     minimum, all security-related positions in the areas of--
       (1) personnel security and access control;
       (2) information systems security and information assurance;
       (3) physical security and technical surveillance 
     countermeasures;
       (4) operational, program, and industrial security; and
       (5) information security and classification management.

     SEC. 3306. CAREER DEVELOPMENT.

       (a) Career Paths.--The Director shall ensure that 
     appropriate career paths for personnel who wish to pursue 
     careers in security are identified in terms of the education, 
     training, experience, and assignments necessary for career 
     progression to the most senior security positions and shall 
     make available published information on those career paths.
       (b) Limitation on Preference for Special Agents.--
       (1) In general.--Except as provided in the policy 
     established under paragraph (2), the Attorney General shall 
     ensure that no requirement or preference for a Special Agent 
     of the Federal Bureau of Investigation (referred to in this 
     title as a ``Special Agent'') is used in the consideration of 
     persons for security positions.
       (2) Policy.--The Attorney General shall establish a policy 
     that permits a particular security position to be specified 
     as available only to Special Agents, if a determination is 
     made, under criteria specified in the policy, that a Special 
     Agent--
       (A) is required for that position by law;
       (B) is essential for performance of the duties of the 
     position; or
       (C) is necessary for another compelling reason.
       (3) Report.--Not later than December 15 of each year, the 
     Director shall submit to the Attorney General a report that 
     lists--
       (A) each security position that is restricted to Special 
     Agents under the policy established under paragraph (2); and
       (B) the recommendation of the Director as to whether each 
     restricted security position should remain restricted.
       (c) Opportunities To Qualify.--The Attorney General shall 
     ensure that all personnel, including Special Agents, are 
     provided the opportunity to acquire the education, training, 
     and experience necessary to qualify for senior security 
     positions.
       (d) Best Qualified.--The Attorney General shall ensure that 
     the policies established under this Act are designed to 
     provide for the selection of the best qualified individual 
     for a position, consistent with other applicable law.
       (e) Assignments Policy.--The Attorney General shall 
     establish a policy for assigning Special Agents to security 
     positions that provides for a balance between--
       (1) the need for personnel to serve in career enhancing 
     positions; and
       (2) the need for requiring service in each such position 
     for sufficient time to provide the stability necessary to 
     carry out effectively the duties of the position and to allow 
     for the establishment of responsibility and accountability 
     for actions taken in the position.
       (f) Length of Assignment.--In implementing the policy 
     established under subsection (b)(2), the Director shall 
     provide, as appropriate, for longer lengths of assignments to 
     security positions than assignments to other positions.
       (g) Performance Appraisals.--The Director shall provide an 
     opportunity for review and inclusion of any comments on any 
     appraisal of the performance of a person serving in a 
     security position by a person serving in a security position 
     in the same security career field.
       (h) Balanced Workforce Policy.--In the development of 
     security workforce policies under this Act with respect to 
     any employees or applicants for employment, the Attorney 
     General shall, consistent with the merit system principles 
     set out in paragraphs (1) and (2) of section 2301(b) of title 
     5, take into consideration the need to maintain a balanced 
     workforce in which women and members of racial and ethnic 
     minority groups are appropriately represented in Government 
     service.

     SEC. 3307. GENERAL EDUCATION, TRAINING, AND EXPERIENCE 
                   REQUIREMENTS.

       (a) In General.--The Director shall establish education, 
     training, and experience requirements for each security 
     position, based on the level of complexity of duties carried 
     out in the position.
       (b) Qualification Requirements.--Before being assigned to a 
     position as a program manager or deputy program manager of a 
     significant security program, a person--
       (1) must have completed a security program management 
     course that is accredited by the Intelligence Community-
     Department of Defense Joint Security Training Consortium or 
     is determined to be comparable by the Director; and
       (2) must have not less than 6 years experience in security, 
     of which not less than 2 years were performed in a similar 
     program office or organization.

     SEC. 3308. EDUCATION AND TRAINING PROGRAMS.

       (a) In General.--The Director, in consultation with the 
     Director of Central Intelligence and the Secretary of 
     Defense, shall establish and implement education and training 
     programs for persons serving in security positions in the 
     Federal Bureau of Investigation.
       (b) Other Programs.--The Director shall ensure that 
     programs established under subsection (a) are established and 
     implemented, to the maximum extent practicable, uniformly 
     with the programs of the Intelligence Community and the 
     Department of Defense.

     SEC. 3309. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

       (a) In General.--The Attorney General shall submit any 
     requirement that is established under section 3307 to the 
     Director of the Office of Personnel Management for approval.
       (b) Final Approval.--If the Director does not disapprove 
     the requirements established under section 3307 within 30 
     days after the date on which the Director receives the 
     requirement, the requirement is deemed to be approved by the 
     Director of the Office of Personnel Management.

         TITLE XXXIV--FBI COUNTERINTELLIGENCE POLYGRAPH PROGRAM

     SEC. 3401. DEFINITIONS.

       In this title:
       (1) Polygraph program.--The term ``polygraph program'' 
     means the counterintelligence screening polygraph program 
     established under section 3402.
       (2) Polygraph review.--The term ``Polygraph Review'' means 
     the review of the scientific validity of the polygraph for 
     counterintelligence screening purposes conducted by the 
     Committee to Review the Scientific Evidence on the Polygraph 
     of the National Academy of Sciences.

     SEC. 3402. ESTABLISHMENT OF PROGRAM.

       Not later than 6 months after publication of the results of 
     the Polygraph Review, the Attorney General, in consultation 
     with the Director of the Federal Bureau of Investigation and 
     the Director of Security of the Federal Bureau of 
     Investigation, shall establish a counterintelligence 
     screening polygraph program for the Federal Bureau of 
     Investigation that consists of periodic polygraph 
     examinations of employees, or contractor employees of the 
     Federal Bureau of Investigation who are in positions 
     specified by the Director of the Federal Bureau of 
     Investigation as exceptionally sensitive in order to minimize 
     the potential for unauthorized release or disclosure of 
     exceptionally sensitive information.

     SEC. 3403. REGULATIONS.

       (a) In General.--The Attorney General shall prescribe 
     regulations for the polygraph

[[Page S8949]]

     program in accordance with subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedures Act).
       (b) Considerations.--In prescribing regulations under 
     subsection (a), the Attorney General shall--
       (1) take into account the results of the Polygraph Review; 
     and
       (2) include procedures for--
       (A) identifying and addressing false positive results of 
     polygraph examinations;
       (B) ensuring that adverse personnel actions are not taken 
     against an individual solely by reason of the physiological 
     reaction of the individual to a question in a polygraph 
     examination, unless--
       (i) reasonable efforts are first made independently to 
     determine through alternative means, the veracity of the 
     response of the individual to the question; and
       (ii) the Director of the Federal Bureau of Investigation 
     determines personally that the personnel action is justified;
       (C) ensuring quality assurance and quality control in 
     accordance with any guidance provided by the Department of 
     Defense Polygraph Institute and the Director of Central 
     Intelligence; and
       (D) allowing any employee or contractor who is the subject 
     of a counterintelligence screening polygraph examination 
     under the polygraph program, upon written request, to have 
     prompt access to any unclassified reports regarding an 
     examination that relates to any adverse personnel action 
     taken with respect to the individual.

     SEC. 3404. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL 
                   SECURITY PROGRAM.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation shall submit to Congress a report setting forth 
     recommendations for any legislative action that the Director 
     considers appropriate in order to enhance the personnel 
     security program of the Federal Bureau of Investigation.
       (b) Polygraph Review Results.--Any recommendation under 
     subsection (a) regarding the use of polygraphs shall take 
     into account the results of the Polygraph Review.

     SEC. 3405. WEBSTER COMMISSION IMPLEMENTATION REPORT.

       (a) Implementation Plan.--Not later than 6 months after the 
     date of enactment of this Act, the Director of the Federal 
     Bureau of Investigation shall submit to the appropriate 
     Committees of Congress a plan for implementation of the 
     recommendations of the Commission for Review of FBI Security 
     Programs, dated March 31, 2002, including the costs of such 
     implementation.
       (b) Annual Reports.--On the date that is 1 year after the 
     submission of the plan described in subsection (a), and for 2 
     years thereafter, the Director of the Federal Bureau of 
     Investigation shall submit to the appropriate Committees of 
     Congress a report on the implementation of such plan.
       (c) Appropriate Committees of Congress.--For purposes of 
     this section, the term ``appropriate Committees of Congress'' 
     means--
       (1) the Committees on the Judiciary of the Senate and the 
     House of Representatives;
       (2) the Committees on Appropriations of the Senate and the 
     House of Representatives;
       (3) the Select Committee on Intelligence of the Senate; and
       (4) the Permanent Select Committee on Intelligence of the 
     House of Representatives.s

                         TITLE XXXV--FBI POLICE

     SEC. 3501. DEFINITIONS.

       In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the Federal Bureau of Investigation.
       (2) FBI buildings and grounds.--
       (A) In general.--The term ``FBI buildings and grounds'' 
     means--
       (i) the whole or any part of any building or structure 
     which is occupied under a lease or otherwise by the Federal 
     Bureau of Investigation and is subject to supervision and 
     control by the Federal Bureau of Investigation;
       (ii) the land upon which there is situated any building or 
     structure which is occupied wholly by the Federal Bureau of 
     Investigation; and
       (iii) any enclosed passageway connecting 2 or more 
     buildings or structures occupied in whole or in part by the 
     Federal Bureau of Investigation.
       (B) Inclusion.--The term ``FBI buildings and grounds'' 
     includes adjacent streets and sidewalks not to exceed 500 
     feet from such property.
       (3) FBI police.--The term ``FBI police'' means the 
     permanent police force established under section 3502.

     SEC. 3502. ESTABLISHMENT OF FBI POLICE; DUTIES.

       (a) In General.--Subject to the supervision of the Attorney 
     General, the Director may establish a permanent police force, 
     to be known as the FBI police.
       (b) Duties.--The FBI police shall perform such duties as 
     the Director may prescribe in connection with the protection 
     of persons and property within FBI buildings and grounds.
       (c) Uniformed Representative.--The Director, or designated 
     representative duly authorized by the Attorney General, may 
     appoint uniformed representatives of the Federal Bureau of 
     Investigation as FBI police for duty in connection with the 
     policing of all FBI buildings and grounds.
       (d) Authority.--
       (1) In general.--In accordance with regulations prescribed 
     by the Director and approved by the Attorney General, the FBI 
     police may--
       (A) police the FBI buildings and grounds for the purpose of 
     protecting persons and property;
       (B) in the performance of duties necessary for carrying out 
     subparagraph (A), make arrests and otherwise enforce the laws 
     of the United States, including the laws of the District of 
     Columbia;
       (C) carry firearms as may be required for the performance 
     of duties;
       (D) prevent breaches of the peace and suppress affrays and 
     unlawful assemblies; and
       (E) hold the same powers as sheriffs and constables when 
     policing FBI buildings and grounds.
       (2) Exception.--The authority and policing powers of FBI 
     police under this subsection shall not include the service of 
     civil process.
       (e) Pay and Benefits.--
       (1) In general.--The rates of basic pay, salary schedule, 
     pay provisions, and benefits for members of the FBI police 
     shall be equivalent to the rates of basic pay, salary 
     schedule, pay provisions, and benefits applicable to members 
     of the United States Secret Service Uniformed Division.
       (2) Application.--Pay and benefits for the FBI police under 
     paragraph (1)--
       (A) shall be established by regulation;
       (B) shall apply with respect to pay periods beginning after 
     January 1, 2003; and
       (C) shall not result in any decrease in the rates of pay or 
     benefits of any individual.

     SEC. 3503. AUTHORITY OF METROPOLITAN POLICE FORCE.

       This title does not affect the authority of the 
     Metropolitan Police Force of the District of Columbia with 
     respect to FBI buildings and grounds.

                          TITLE XXXVI--REPORTS

     SEC. 3601. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND 
                   ACTIVITIES.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report describing the statutory and other legal 
     authority for all programs and activities of the Federal 
     Bureau of Investigation.
       (b) Contents.--The report submitted under subsection (a) 
     shall describe--
       (1) the titles within the United States Code and the 
     statutes for which the Federal Bureau of Investigation 
     exercises investigative responsibility;
       (2) each program or activity of the Federal Bureau of 
     Investigation that has express statutory authority and the 
     statute which provides that authority; and
       (3) each program or activity of the Federal Bureau of 
     Investigation that does not have express statutory authority, 
     and the source of the legal authority for that program or 
     activity.
       (c) Recommendations.--The report submitted under subsection 
     (a) shall recommend whether--
       (1) the Federal Bureau of Investigation should continue to 
     have investigative responsibility for each statute for which 
     the Federal Bureau of Investigation currently has 
     investigative responsibility;
       (2) the legal authority for any program or activity of the 
     Federal Bureau of Investigation should be modified or 
     repealed;
       (3) the Federal Bureau of Investigation should have express 
     statutory authority for any program or activity of the 
     Federal Bureau of Investigation for which the Federal Bureau 
     of Investigation does not currently have express statutory 
     authority; and
       (4) the Federal Bureau of Investigation should--
       (A) have authority for any new program or activity; and
       (B) express statutory authority with respect to any new 
     programs or activities.

     SEC. 3602. REPORT ON FBI INFORMATION MANAGEMENT AND 
                   TECHNOLOGY.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation, with appropriate comments from other 
     components of the Department of Justice, shall submit to 
     Congress a report on the information management and 
     technology programs of the Federal Bureau of Investigation 
     including recommendations for any legislation that may be 
     necessary to enhance the effectiveness of those programs.
       (b) Contents of Report.--The report submitted under 
     subsection (a) shall provide--
       (1) an analysis and evaluation of whether authority for 
     waiver of any provision of procurement law (including any 
     regulation implementing such a law) is necessary to 
     expeditiously and cost-effectively acquire information 
     technology to meet the unique need of the Federal Bureau of 
     Investigation to improve its investigative operations in 
     order to respond better to national law enforcement, 
     intelligence, and counterintelligence requirements;
       (2) the results of the studies and audits conducted by the 
     Strategic Management Council and the Inspector General of the 
     Department of Justice to evaluate the information management 
     and technology programs of the Federal Bureau of 
     Investigation, including systems, policies, procedures, 
     practices, and operations; and
       (3) a plan for improving the information management and 
     technology programs of the Federal Bureau of Investigation.

[[Page S8950]]

       (c) Results.--The results provided under subsection (b)(2) 
     shall include an evaluation of--
       (1) information technology procedures and practices 
     regarding procurement, training, and systems maintenance;
       (2) record keeping policies, procedures, and practices of 
     the Federal Bureau of Investigation, focusing particularly on 
     how information is inputted, stored, managed, utilized, and 
     shared within the Federal Bureau of Investigation;
       (3) how information in a given database is related or 
     compared to, or integrated with, information in other 
     technology databases within the Federal Bureau of 
     Investigation;
       (4) the effectiveness of the existing information 
     technology infrastructure of the Federal Bureau of 
     Investigation in supporting and accomplishing the overall 
     mission of the Federal Bureau of Investigation;
       (5) the management of information technology projects of 
     the Federal Bureau of Investigation, focusing on how the 
     Federal Bureau of Investigation--
       (A) selects its information technology projects;
       (B) ensures that projects under development deliver 
     benefits; and
       (C) ensures that completed projects deliver the expected 
     results; and
       (6) the security and access control techniques for 
     classified and sensitive but unclassified information systems 
     in the Federal Bureau of Investigation.
       (d) Contents of Plan.--The plan provided under subsection 
     (b)(3) shall ensure that--
       (1) appropriate key technology management positions in the 
     Federal Bureau of Investigation are filled by personnel with 
     experience in the commercial sector;
       (2) access to the most sensitive information is audited in 
     such a manner that suspicious activity is subject to near 
     contemporaneous security review;
       (3) critical information systems employ a public key 
     infrastructure to validate both users and recipients of 
     messages or records;
       (4) security features are tested by the National Security 
     Agency to meet national information systems security 
     standards;
       (5) all employees in the Federal Bureau of Investigation 
     receive annual instruction in records and information 
     management policies and procedures relevant to their 
     positions;
       (6) a reserve is established for research and development 
     to guide strategic information management and technology 
     investment decisions;
       (7) unnecessary administrative requirements for software 
     purchases under $2,000,000 are eliminated;
       (8) full consideration is given to contacting with an 
     expert technology partner to provide technical support for 
     the information technology procurement for the Federal Bureau 
     of Investigation;
       (9) procedures are instituted to procure products and 
     services through contracts of other agencies, as necessary; 
     and
       (10) a systems integration and test center, with the 
     participation of field personnel, tests each series of 
     information systems upgrades or application changes before 
     their operational deployment to confirm that they meet proper 
     requirements.

     SEC. 3603. GAO REPORT ON CRIME STATISTICS REPORTING.

       (a) In General.--Not later than 9 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committees on the Judiciary of the 
     Senate and the House of Representatives a report on the issue 
     of how statistics are reported and used by Federal law 
     enforcement agencies.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) identify the current regulations, procedures, internal 
     policies, or other conditions that allow the investigation or 
     arrest of an individual to be claimed or reported by more 
     than 1 Federal or State agency charged with law enforcement 
     responsibility;
       (2) identify and examine the conditions that allow the 
     investigation or arrest of an individual to be claimed or 
     reported by the Offices of Inspectors General and any other 
     Federal agency charged with law enforcement responsibility;
       (3) examine the statistics reported by Federal law 
     enforcement agencies, and document those instances in which 
     more than 1 agency, bureau, or office claimed or reported the 
     same investigation or arrest during the years 1998 through 
     2001;
       (4) examine the issue of Federal agencies simultaneously 
     claiming arrest credit for in-custody situations that have 
     already occurred pursuant to a State or local agency arrest 
     situation during the years 1998 through 2001;
       (5) examine the issue of how such statistics are used for 
     administrative and management purposes;
       (6) set forth a comprehensive definition of the terms 
     ``investigation'' and ``arrest'' as those terms apply to 
     Federal agencies charged with law enforcement 
     responsibilities; and
       (7) include recommendations, that when implemented, would 
     eliminate unwarranted and duplicative reporting of 
     investigation and arrest statistics by all Federal agencies 
     charged with law enforcement responsibilities.
       (c) Federal Agency Compliance.--Federal law enforcement 
     agencies shall comply with requests made by the General 
     Accounting Office for information that is necessary to assist 
     in preparing the report required by this section.

                TITLE XXXVII--ENDING THE DOUBLE STANDARD

     SEC. 3701. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF 
                   THE SENIOR EXECUTIVE SERVICE FOR 14 DAYS OR 
                   LESS.

       Section 7542 of title 5, United States Code, is amended by 
     striking ``for more than 14 days''.

     SEC. 3702. SUBMITTING OFFICE OF PROFESSIONAL RESPONSIBILITY 
                   REPORTS TO CONGRESSIONAL COMMITTEES.

       (a) In General.--For each of the 5 years following the date 
     of enactment of this Act, the Office of the Inspector General 
     shall submit to the chairperson and ranking member of the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives an annual report to be completed by the 
     Federal Bureau of Investigation, Office of Professional 
     Responsibility and provided to the Inspector General, which 
     sets forth--
       (1) basic information on each investigation completed by 
     that Office;
       (2) the findings and recommendations of that Office for 
     disciplinary action; and
       (3) what, if any, action was taken by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director based on any such recommendation.
       (b) Contents.--In addition to all matters already included 
     in the annual report described in subsection (a), the report 
     shall also include an analysis of--
       (1) whether senior Federal Bureau of Investigation 
     employees and lower level Federal Bureau of Investigation 
     personnel are being disciplined and investigated similarly; 
     and
       (2) whether any double standard is being employed to more 
     senior employees with respect to allegations of misconduct.

     TITLE XXXVIII--ENHANCING SECURITY AT THE DEPARTMENT OF JUSTICE

     SEC. 3801. REPORT ON THE PROTECTION OF SECURITY AND 
                   INFORMATION AT THE DEPARTMENT OF JUSTICE.

       Not later than 9 months after the date of enactment of this 
     Act, the Attorney General shall submit to Congress a report 
     on the manner in which the Security and Emergency Planning 
     Staff, the Office of Intelligence Policy and Review, and the 
     Chief Information Officer of the Department of Justice plan 
     to improve the protection of security and information at the 
     Department of Justice, including a plan to establish secure 
     electronic communications between the Federal Bureau of 
     Investigation and the Office of Intelligence Policy and 
     Review for processing information related to the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.).

     SEC. 3802. AUTHORIZATION FOR INCREASED RESOURCES TO PROTECT 
                   SECURITY AND INFORMATION.

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Security and Emergency 
     Planning Staff to meet the increased demands to provide 
     personnel, physical, information, technical, and litigation 
     security for the Department of Justice, to prepare for 
     terrorist threats and other emergencies, and to review 
     security compliance by components of the Department of 
     Justice--
       (1) $13,000,000 for fiscal year 2003;
       (2) $17,000,000 for fiscal year 2004; and
       (3) $22,000,000 for fiscal year 2005.

     SEC. 3803. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL 
                   NATIONAL SECURITY MISSION OF THE DEPARTMENT OF 
                   JUSTICE.

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Office of Intelligence 
     Policy and Review to help meet the increased personnel 
     demands to combat terrorism, process applications to the 
     Foreign Intelligence Surveillance Court, participate 
     effectively in counterespionage investigations, provide 
     policy analysis and oversight on national security matters, 
     and enhance secure computer and telecommunications 
     facilities--
       (1) $7,000,000 for fiscal year 2003;
       (2) $7,500,000 for fiscal year 2004; and
       (3) $8,000,000 for fiscal year 2005.
                                 ______
                                 
  SA 4693. Mr. HATCH proposed an amendment to amendment SA 4471 
proposed by Mr. Lieberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; as follows:

       At the appropriate place, insert the following new title:

           TITLE ____--CYBER SECURITY ENHANCEMENT ACT OF 2002

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Cyber Security Enhancement 
     Act of 2002''.

                       Subtitle A--Computer Crime

     SEC. ____11. AMENDMENT OF SENTENCING GUIDELINES RELATING TO 
                   CERTAIN COMPUTER CRIMES.

       (a) Directive to the United States Sentencing Commission.--
     Pursuant to its authority under section 994(p) of title 28, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall review and, if 
     appropriate, amend its guidelines and its policy statements 
     applicable to persons convicted of an offense under section 
     1030 of title 18, United States Code.
       (b) Requirements.--In carrying out this section, the 
     Sentencing Commission shall--

[[Page S8951]]

       (1) ensure that the sentencing guidelines and policy 
     statements reflect the serious nature of the offenses 
     described in subsection (a), the growing incidence of such 
     offenses, and the need for an effective deterrent and 
     appropriate punishment to prevent such offenses;
       (2) consider the following factors and the extent to which 
     the guidelines may or may not account for them--
       (A) the potential and actual loss resulting from the 
     offense;
       (B) the level of sophistication and planning involved in 
     the offense;
       (C) whether the offense was committed for purposes of 
     commercial advantage or private financial benefit;
       (D) whether the defendant acted with malicious intent to 
     cause harm in committing the offense;
       (E) the extent to which the offense violated the privacy 
     rights of individuals harmed;
       (F) whether the offense involved a computer used by the 
     government in furtherance of national defense, national 
     security, or the administration of justice;
       (G) whether the violation was intended to or had the effect 
     of significantly interfering with or disrupting a critical 
     infrastructure; and
       (H) whether the violation was intended to or had the effect 
     of creating a threat to public health or safety, or injury to 
     any person;
       (3) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines;
       (4) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (5) make any necessary conforming changes to the sentencing 
     guidelines; and
       (6) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.

     SEC. ____12. STUDY AND REPORT ON COMPUTER CRIMES.

       Not later than May 1, 2003, the United States Sentencing 
     Commission shall submit a brief report to Congress that 
     explains any actions taken by the Sentencing Commission in 
     response to this title and includes any recommendations the 
     Commission may have regarding statutory penalties for 
     offenses under section 1030 of title 18, United States Code.

     SEC. ____13. EMERGENCY DISCLOSURE EXCEPTION.

       (a) In General.--Section 2702(b) of title 18, United States 
     Code, is amended--
       (1) by striking ``or'' at the end of paragraph (5);
       (2) by striking subparagraph (C) of paragraph (6);
       (3) in paragraph (6), by inserting ``or'' at the end of 
     subparagraph (A); and
       (4) by inserting after paragraph (6) the following:
       ``(7) to a Federal, State, or local governmental entity, if 
     the provider, in good faith, believes that an emergency 
     involving danger of death or serious physical injury to any 
     person requires disclosure without delay of communications 
     relating to the emergency.''.
       (b) Reporting of Disclosures.--A government entity that 
     receives a disclosure under this section shall file, no later 
     than 90 days after such disclosure, a report to the Attorney 
     General stating the subparagraph under which the disclosure 
     was made, the date of the disclosure, the entity to which the 
     disclosure was made, the number of customers or subscribers 
     to whom the information disclosed pertained, and the number 
     of communications, if any, that were disclosed. The Attorney 
     General shall publish all such reports into a single report 
     to be submitted to Congress one year after enactment of the 
     bill.

     SEC. ____14. GOOD FAITH EXCEPTION.

       Section 2520(d)(3) of title 18, United States Code, is 
     amended by inserting ``or 2511(2)(i)'' after ``2511(3)''.

     SEC. ____15. INTERNET ADVERTISING OF ILLEGAL DEVICES.

       Section 2512(1)(c) of title 18, United States Code, is 
     amended--
       (1) by inserting ``or disseminates by electronic means'' 
     after ``or other publication''; and
       (2) by inserting ``knowing the content of the advertisement 
     and'' before ``knowing or having reason to know''.

     SEC. ____16. STRENGTHENING PENALTIES.

       Section 1030(c) of title 18, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) in each of subparagraphs (A) and (C) of paragraph (4), 
     by inserting ``except as provided in paragraph (5),'' before 
     ``a fine under this title'';
       (3) by striking the period at the end of paragraph (4)(C) 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5)(A) if the offender knowingly or recklessly causes or 
     attempts to cause serious bodily injury from conduct in 
     violation of subsection (a)(5)(A)(i), a fine under this title 
     or imprisonment for not more than 20 years, or both; and
       ``(B) if the offender knowingly or recklessly causes or 
     attempts to cause death from conduct in violation of 
     subsection (a)(5)(A)(i), a fine under this title or 
     imprisonment for any term of years or for life, or both.''.

     SEC. ____17. PROVIDER ASSISTANCE.

       (a) Section 2703.--Section 2703(e) of title 18, United 
     States Code, is amended by inserting ``, statutory 
     authorization'' after ``subpoena''.
       (b) Section 2511.--Section 2511(2)(a)(ii) of title 18, 
     United States Code, is amended by inserting ``, statutory 
     authorization,'' after ``court order'' the last place it 
     appears.

     SEC. ____18. EMERGENCIES.

       Section 3125(a)(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by striking the comma at the end of subparagraph (B) 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(C) an immediate threat to a national security interest; 
     or
       ``(D) an ongoing attack on a protected computer (as defined 
     in section 1030) that constitutes a crime punishable by a 
     term of imprisonment greater than one year;''.

     SEC. ____19. PROTECTING PRIVACY.

       (a) Section 2511.--Section 2511(4) of title 18, United 
     States Code, is amended--
       (1) by striking paragraph (b); and
       (2) by redesignating paragraph (c) as paragraph (b).
       (b) Section 2701.--Section 2701(b) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1), by inserting ``, or in furtherance of 
     any criminal or tortious act in violation of the Constitution 
     or laws of the United States or any State'' after 
     ``commercial gain'';
       (2) in paragraph (1)(A), by striking ``one year'' and 
     inserting ``5 years'';
       (3) in paragraph (1)(B), by striking ``two years'' and 
     inserting ``10 years''; and
       (4) so that paragraph (2) reads as follows:
       ``(2) in any other case--
       ``(A) a fine under this title or imprisonment for not more 
     than one year or both, in the case of a first offense under 
     this paragraph; and
       ``(B) a fine under this title or imprisonment for not more 
     than 5 years, or both, in the case of an offense under this 
     subparagraph that occurs after a conviction of another 
     offense under this section.''.
       (c) Presence of Officer at Service and Execution of 
     Warrants for Communications and Customer Records.--Section 
     3105 of title 18, United States Code, is amended by adding at 
     the end the following: ``The presence of an officer is not 
     required for service or execution of a search warrant 
     directed to a provider of electronic communication service or 
     remote computing service for records or other information 
     pertaining to a subscriber to or customer of such service.''.

              Subtitle B--Office of Science and Technology

     SEC. ____21. ESTABLISHMENT OF OFFICE; DIRECTOR.

       (a) Establishment.--
       (1) In general.--There is hereby established within the 
     Department of Justice an Office of Science and Technology 
     (hereinafter in this subtitle referred to as the ``Office'').
       (2) Authority.--The Office shall be under the general 
     authority of the Assistant Attorney General, Office of 
     Justice Programs, and shall be independent of the National 
     Institute of Justice.
       (b) Director.--The Office shall be headed by a Director, 
     who shall be an individual appointed based on approval by the 
     Office of Personnel Management of the executive 
     qualifications of the individual.

     SEC. ____22. MISSION OF OFFICE; DUTIES.

       (a) Mission.--The mission of the Office shall be--
       (1) to serve as the national focal point for work on law 
     enforcement technology; and
       (2) to carry out programs that, through the provision of 
     equipment, training, and technical assistance, improve the 
     safety and effectiveness of law enforcement technology and 
     improve access to such technology by Federal, State, and 
     local law enforcement agencies.
       (b) Duties.--In carrying out its mission, the Office shall 
     have the following duties:
       (1) To provide recommendations and advice to the Attorney 
     General.
       (2) To establish and maintain advisory groups (which shall 
     be exempt from the provisions of the Federal Advisory 
     Committee Act (5 U.S.C. App.)) to assess the law enforcement 
     technology needs of Federal, State, and local law enforcement 
     agencies.
       (3) To establish and maintain performance standards in 
     accordance with the National Technology Transfer and 
     Advancement Act of 1995 (Public Law 104-113) for, and test 
     and evaluate law enforcement technologies that may be used 
     by, Federal, State, and local law enforcement agencies.
       (4) To establish and maintain a program to certify, 
     validate, and mark or otherwise recognize law enforcement 
     technology products that conform to standards established and 
     maintained by the Office in accordance with the National 
     Technology Transfer and Advancement Act of 1995 (Public Law 
     104-113). The program may, at the discretion of the Office, 
     allow for supplier's declaration of conformity with such 
     standards.
       (5) To work with other entities within the Department of 
     Justice, other Federal agencies, and the executive office of 
     the President to establish a coordinated Federal approach on 
     issues related to law enforcement technology.
       (6) To carry out research, development, testing, and 
     evaluation in fields that would improve the safety, 
     effectiveness, and efficiency of law enforcement technologies 
     used by Federal, State, and local law enforcement agencies, 
     including, but not limited to--

[[Page S8952]]

       (A) weapons capable of preventing use by unauthorized 
     persons, including personalized guns;
       (B) protective apparel;
       (C) bullet-resistant and explosion-resistant glass;
       (D) monitoring systems and alarm systems capable of 
     providing precise location information;
       (E) wire and wireless interoperable communication 
     technologies;
       (F) tools and techniques that facilitate investigative and 
     forensic work, including computer forensics;
       (G) equipment for particular use in counterterrorism, 
     including devices and technologies to disable terrorist 
     devices;
       (H) guides to assist State and local law enforcement 
     agencies;
       (I) DNA identification technologies; and
       (J) tools and techniques that facilitate investigations of 
     computer crime.
       (7) To administer a program of research, development, 
     testing, and demonstration to improve the interoperability of 
     voice and data public safety communications.
       (8) To serve on the Technical Support Working Group of the 
     Department of Defense, and on other relevant interagency 
     panels, as requested.
       (9) To develop, and disseminate to State and local law 
     enforcement agencies, technical assistance and training 
     materials for law enforcement personnel, including 
     prosecutors.
       (10) To operate the regional National Law Enforcement and 
     Corrections Technology Centers and, to the extent necessary, 
     establish additional centers through a competitive process.
       (11) To administer a program of acquisition, research, 
     development, and dissemination of advanced investigative 
     analysis and forensic tools to assist State and local law 
     enforcement agencies in combating cybercrime.
       (12) To support research fellowships in support of its 
     mission.
       (13) To serve as a clearinghouse for information on law 
     enforcement technologies.
       (14) To represent the United States and State and local law 
     enforcement agencies, as requested, in international 
     activities concerning law enforcement technology.
       (15) To enter into contracts and cooperative agreements and 
     provide grants, which may require in-kind or cash matches 
     from the recipient, as necessary to carry out its mission.
       (16) To carry out other duties assigned by the Attorney 
     General to accomplish the mission of the Office.
       (c) Competition Required.--Except as otherwise expressly 
     provided by law, all research and development carried out by 
     or through the Office shall be carried out on a competitive 
     basis.
       (d) Information From Federal Agencies.--Federal agencies 
     shall, upon request from the Office and in accordance with 
     Federal law, provide the Office with any data, reports, or 
     other information requested, unless compliance with such 
     request is otherwise prohibited by law.
       (e) Publications.--Decisions concerning publications issued 
     by the Office shall rest solely with the Director of the 
     Office.
       (f) Transfer of Funds.--The Office may transfer funds to 
     other Federal agencies or provide funding to non-Federal 
     entities through grants, cooperative agreements, or contracts 
     to carry out its duties under this section.
       (g) Annual Report.--The Director of the Office shall 
     include with the budget justification materials submitted to 
     Congress in support of the Department of Justice budget for 
     each fiscal year (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) a report on the activities of the Office. Each such 
     report shall include the following:
       (1) For the period of 5 fiscal years beginning with the 
     fiscal year for which the budget is submitted--
       (A) the Director's assessment of the needs of Federal, 
     State, and local law enforcement agencies for assistance with 
     respect to law enforcement technology and other matters 
     consistent with the mission of the Office; and
       (B) a strategic plan for meeting such needs of such law 
     enforcement agencies.
       (2) For the fiscal year preceding the fiscal year for which 
     such budget is submitted, a description of the activities 
     carried out by the Office and an evaluation of the extent to 
     which those activities successfully meet the needs assessed 
     under paragraph (1)(A) in previous reports.

     SEC. ____23. DEFINITION OF LAW ENFORCEMENT TECHNOLOGY.

       For the purposes of this subtitle, the term ``law 
     enforcement technology'' includes investigative and forensic 
     technologies, corrections technologies, and technologies that 
     support the judicial process.

     SEC. ____24. ABOLISHMENT OF OFFICE OF SCIENCE AND TECHNOLOGY 
                   OF NATIONAL INSTITUTE OF JUSTICE; TRANSFER OF 
                   FUNCTIONS.

       (a) Transfers From Office Within NIJ.--The Office of 
     Science and Technology of the National Institute of Justice 
     is hereby abolished, and all functions and activities 
     performed immediately before the date of the enactment of 
     this Act by the Office of Science and Technology of the 
     National Institute of Justice are hereby transferred to the 
     Office.
       (b) Authority To Transfer Additional Functions.--The 
     Attorney General may transfer to the Office any other program 
     or activity of the Department of Justice that the Attorney 
     General, in consultation with the Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives, determines to be consistent with the 
     mission of the Office.
       (c) Transfer of Funds.--
       (1) In general.--Any balance of appropriations that the 
     Attorney General determines is available and needed to 
     finance or discharge a function, power, or duty of the Office 
     or a program or activity that is transferred to the Office 
     shall be transferred to the Office and used for any purpose 
     for which those appropriations were originally available. 
     Balances of appropriations so transferred shall--
       (A) be credited to any applicable appropriation account of 
     the Office; or
       (B) be credited to a new account that may be established on 
     the books of the Department of the Treasury;

     and shall be merged with the funds already credited to that 
     account and accounted for as one fund.
       (2) Limitations.--Balances of appropriations credited to an 
     account under paragraph (1)(A) are subject only to such 
     limitations as are specifically applicable to that account. 
     Balances of appropriations credited to an account under 
     paragraph (1)(B) are subject only to such limitations as are 
     applicable to the appropriations from which they are 
     transferred.
       (d) Transfer of Personnel and Assets.--With respect to any 
     function, power, or duty, or any program or activity, that is 
     transferred to the Office, those employees and assets of the 
     element of the Department of Justice from which the transfer 
     is made that the Attorney General determines are needed to 
     perform that function, power, or duty, or for that program or 
     activity, as the case may be, shall be transferred to the 
     Office.
       (e) Report on Implementation.--Not later than 1 year after 
     the date of the enactment of this Act, the Attorney General 
     shall submit to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives a report on the implementation of this 
     subtitle. The report shall--
       (1) identify each transfer carried out pursuant to 
     subsection (b);
       (2) provide an accounting of the amounts and sources of 
     funding available to the Office to carry out its mission 
     under existing authorizations and appropriations, and set 
     forth the future funding needs of the Office;
       (3) include such other information and recommendations as 
     the Attorney General considers appropriate.

     SEC. ____25. NATIONAL LAW ENFORCEMENT AND CORRECTIONS 
                   TECHNOLOGY CENTERS.

       (a) In General.--The Director of the Office shall operate 
     and support National Law Enforcement and Corrections 
     Technology Centers (hereinafter in this section referred to 
     as ``Centers'') and, to the extent necessary, establish new 
     centers through a merit-based, competitive process.
       (b) Purpose of Centers.--The purpose of the Centers shall 
     be to--
       (1) support research and development of law enforcement 
     technology;
       (2) support the transfer and implementation of technology;
       (3) assist in the development and dissemination of 
     guidelines and technological standards; and
       (4) provide technology assistance, information, and support 
     for law enforcement, corrections, and criminal justice 
     purposes.
       (c) Annual Meeting.--Each year, the Director shall convene 
     a meeting of the Centers in order to foster collaboration and 
     communication between Center participants.
       (d) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Director shall transmit to the 
     Congress a report assessing the effectiveness of the existing 
     system of Centers and identify the number of Centers 
     necessary to meet the technology needs of Federal, State, and 
     local law enforcement in the United States.

     SEC. ____26. COORDINATION WITH OTHER ENTITIES WITHIN 
                   DEPARTMENT OF JUSTICE.

       Section 102 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3712) is amended in subsection (a)(5) 
     by inserting ``coordinate and'' before ``provide''.
                                 ______
                                 
  SA 4694. Mr. LIEBERMAN (for himself and Mr. McCain) proposed an 
amendment to amendment SA 4471 proposed by Mr. Lieberman to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; as follows:

       On page 211, insert between lines 9 and 10 the following:

  TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                 STATES

     SEC. 601. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on Terrorist 
     Attacks Upon the United States (in this title referred to as 
     the ``Commission'').

     SEC. 602. PURPOSES.

       The purposes of the Commission are to--
       (1) examine and report upon the facts and causes relating 
     to the terrorist attacks of September 11, 2001, occurring at 
     the World Trade Center in New York, New York and at the 
     Pentagon in Virginia;

[[Page S8953]]

       (2) ascertain, evaluate, and report on the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances surrounding the attacks;
       (3) build upon the investigations of other entities, and 
     avoid unnecessary duplication, by reviewing the findings, 
     conclusions, and recommendations of--
       (A) the Joint Inquiry of the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives regarding the 
     terrorist attacks of September 11, 2001;
       (B) other executive branch, congressional, or independent 
     commission investigations into the terrorist attacks of 
     September 11, 2001, other terrorist attacks, and terrorism 
     generally;
       (4) make a full and complete accounting of the 
     circumstances surrounding the attacks, and the extent of the 
     United States' preparedness for, and response to, the 
     attacks; and
       (5) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations for corrective 
     measures that can be taken to prevent acts of terrorism.

     SEC. 603. COMPOSITION OF THE COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 3 members shall be appointed by the majority leader of 
     the Senate;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 2 members shall be appointed by the minority leader of 
     the Senate; and
       (4) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (b) Chairperson; Vice Chairperson.--
       (1) In general.--Subject to paragraph (2), the Chairperson 
     and Vice Chairperson of the Commission shall be elected by 
     the members.
       (2) Political party affiliation.--The Chairperson and Vice 
     Chairperson shall not be from the same political party.
       (c) Qualifications; Initial Meeting.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, law enforcement, the armed services, 
     legal practice, public administration, intelligence 
     gathering, commerce, including aviation matters, and foreign 
     affairs.
       (4) Initial meeting.--If 60 days after the date of 
     enactment of this Act, 6 or more members of the Commission 
     have been appointed, those members who have been appointed 
     may meet and, if necessary, select a temporary chairperson, 
     who may begin the operations of the Commission, including the 
     hiring of staff.
       (d) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairperson or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 604. FUNCTIONS OF THE COMMISSION.

       The functions of the Commission are to--
       (1) conduct an investigation that--
       (A) investigates relevant facts and circumstances relating 
     to the terrorist attacks of September 11, 2001, including any 
     relevant legislation, Executive order, regulation, plan, 
     policy, practice, or procedure; and
       (B) may include relevant facts and circumstances relating 
     to--
       (i) intelligence agencies;
       (ii) law enforcement agencies;
       (iii) diplomacy;
       (iv) immigration, nonimmigrant visas, and border control;
       (v) the flow of assets to terrorist organizations;
       (vi) commercial aviation; and
       (vii) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry;
       (2) identify, review, and evaluate the lessons learned from 
     the terrorist attacks of September 11, 2001, regarding the 
     structure, coordination, management policies, and procedures 
     of the Federal Government, and, if appropriate, State and 
     local governments and nongovernmental entities, relative to 
     detecting, preventing, and responding to such terrorist 
     attacks; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.

     SEC. 605. POWERS OF THE COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this title--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents, as 
     the Commission or such designated subcommittee or designated 
     member may determine advisable.
       (2) Subpoenas.--
       (A) Issuance.--Subpoenas issued under paragraph (1)(B) may 
     be issued under the signature of the chairperson of the 
     Commission, the Vice Chairperson of the Commission, the 
     chairperson of any subcommittee created by a majority of the 
     Commission, or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairperson, subcommittee chairperson, or member.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1)(B), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Closed Meetings.--
       (1) In general.--Meetings of the Commission may be closed 
     to the public under section 10(d) of the Federal Advisory 
     Committee Act (5 U.S.C. App.) or other applicable law.
       (2) Additional authority.--In addition to the authority 
     under paragraph (1), section 10(a)(1) and (3) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to any 
     portion of a Commission meeting if the President determines 
     that such portion or portions of that meeting is likely to 
     disclose matters that could endanger national security. If 
     the President makes such determination, the requirements 
     relating to a determination under section 10(d) of that Act 
     shall apply.
       (c) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (d) Information From Federal Agencies.--The Commission is 
     authorized to secure directly from any executive department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality of the Government 
     information, suggestions, estimates, and statistics for the 
     purposes of this title. Each department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by 
     the chairperson, the chairperson of any subcommittee created 
     by a majority of the Commission, or any member designated by 
     a majority of the Commission.
       (e) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States are authorized to provide to 
     the Commission such services, funds, facilities, staff, and 
     other support services as they may determine advisable and as 
     may be authorized by law.
       (f) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. 606. STAFF OF THE COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairperson, in 
     accordance with rules agreed upon by the Commission, may 
     appoint and fix the compensation of a staff director and such 
     other personnel as may be necessary to enable the Commission 
     to carry out its functions, without regard to the provisions 
     of title 5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that no rate of pay fixed under this subsection may 
     exceed the equivalent of that payable for a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.

[[Page S8954]]

       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. 607. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. 608. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate executive departments and agencies shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances in a manner consistent with existing procedures 
     and requirements, except that no person shall be provided 
     with access to classified information under this section who 
     would not otherwise qualify for such security clearance.

     SEC. 609. REPORTS OF THE COMMISSION; TERMINATION.

       (a) Initial Report.--Not later than 6 months after the date 
     of the first meeting of the Commission, the Commission shall 
     submit to the President and Congress an initial report 
     containing such findings, conclusions, and recommendations 
     for corrective measures as have been agreed to by a majority 
     of Commission members.
       (b) Additional Reports.--Not later than 1 year after the 
     submission of the initial report of the Commission, the 
     Commission shall submit to the President and Congress a 
     second report containing such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (c) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 60 days after the date on which 
     the second report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the second report.

     SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out this title $3,000,000, to remain available until 
     expended.

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