[Congressional Record Volume 147, Number 172 (Wednesday, December 12, 2001)]
[Senate]
[Pages S13052-S13057]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. THOMAS (for himself and Ms. Landrieu):
  S. 1808. A bill to amend the Mineral Leasing Act to encourage the 
development of natural gas and oil resources on Federal land; to the 
Committee on Energy and Natural Resources.
  Mr. THOMAS. Madam President, I rise today to introduce the Federal 
Acreage Chargeability Act of 2001. The Mineral Leasing Act of 1920 
restricts the interests a company can own in Federal oil and gas leases 
in any one State to 246,080 acres. This legislation alters the acreage 
cap for oil and gas leases on federal lands so that producing leases 
are not included in the existing Statewide acreage limitation. This 
provides an incentive for producers to keep domestic acreage in 
production or to turn the leases over to another operator who will.
  Historically, the acreage limitation in the Mineral Leasing Act 
responded to public concern over a few major integrated oil companies 
locking up potential supplies of crude oil from Federal lands in the 
West. As originally enacted, the Act forbade any person from owning 
more than three Federal oil and gas leases in any state and more than 
one lease in an oil and gas field. In 1926, the restriction was 
converted from leases into acres and the acreage limit was increased to 
7,680 acres in any state. The Congress, on three other occasions, has 
further expanded the number of acres a lessee may hold to 15,360 acres 
in 1946, to 46,080 acres per state in 1954, and to its present 246,080 
acres in 1960. Under present-day conditions increased acreage and more 
time are necessary to protect the huge investments now needed to 
maintain rates of discovery.
  Today, companies are able to administratively exempt Federal acreage 
from the 246,080-acre limit per state either through unitization or by 
the creation of a development contract. At this time, the BLM only 
allows development contracts in situations where the acreage is 
considered wildcat. The BLM has been extremely cooperative in working 
with companies that find themselves bumping up against or exceeding the 
acreage cap. However, the time has come to pass legislation that will 
encourage the sizeable capital investment that will be needed to 
promote orderly and environmentally responsible exploration, 
development, and production of natural gas and oil from the public 
lands of the United States.
  In our modern economy, the acreage limitations of the Mineral Leasing 
Act appear as historical relics, ill suited to their original task of 
promoting competition. The acreage limitations of the Act are once 
again inhibiting a company's ability to assemble sufficient blocks of 
acreage to efficiently explore promising natural gas and oil prospects. 
Companies are also unable to adequately finance the development of 
those prospects and related infrastructure such as pipelines. 
Exacerbating the acreage situation further, is the trend toward mergers 
and acquisitions taking place in the oil and gas industry.
  The Federal Acreage Chargeability Act of 2001 amends the acreage 
limitation provisions of the Mineral Leasing Act of 1920 in such a 
manner that is truly reflective of today's exploration and production 
techniques and economics. Given the uncertain natural gas and oil 
supply situation that this country faces, it is even more critical to 
reform the outdated existing Federal acreage limitation provisions. The 
Federal Acreage Chargeability Act of 2001 amends the Mineral Leasing 
Act of 1920 by exempting oil and natural gas producing acreage from 
being counted against the Federal acreage cap.
  Acreage limitations for other federal minerals such as coal and trona 
have also been revised upward over the years. Last Congress, I authored 
legislation that passed and was signed into law that raised the acreage 
limits for both Federal coal and trona leases due to industry 
consolidation and international competition. The domestic natural gas 
and oil industry is certainly facing these same concerns.
  In recognition of the economics and technological advances of 
exploring for and producing domestic natural gas and oil on our public 
lands, and the national goal of increasing both domestic production and 
environmental efficiency, make now the right time to enact the Federal 
Acreage Chargeability Act of 2001.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S13053]]

                                S. 1808

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mineral Leasing Act Revision 
     of 2001''.

     SEC. 2. DEVELOPMENT OF NATURAL GAS AND OIL RESOURCES.

       (a) In General.--Section 27(d) of the Mineral Leasing Act 
     (30 U.S.C. 184(d)) is amended--
       (1) in the first sentence of paragraph (1), by inserting 
     ``producing acreage and'' after ``Provided, however, That''; 
     and
       (2) by adding at the end the following:
       ``(3) Definition of producing acreage.--In this subsection, 
     the term `producing acreage' means any lease--
       ``(A) for which minimum royalty, royalty, royalty in kind, 
     or compensatory royalty has been--
       ``(i) paid during the calendar year; or
       ``(ii) waived by the Secretary of the Interior; or
       ``(B) that has been committed to a federally approved 
     cooperative plan, unit plan, or communitization agreement.''.
       (b) Application.--Section 27 of the Mineral Leasing Act (30 
     U.S.C. 184) shall apply separately to land leased under the 
     Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et 
     seq.).
                                 ______
                                 
      By Mr. DURBIN:
  S. 1810. A bill to amend the Internal Revenue Code of 1986 to provide 
credits for individuals and businesses for the installations of certain 
wind energy property; to the Committee on Finance.
  Mr. DURBIN. Madam President, today I am pleased to introduce the Home 
and Farm Wind Energy Systems Act of 2001. At a time when the United 
States clearly needs to reduce its dependence on fossil fuels, and 
particularly on imported oil, I offer legislation to spur the 
production of electricity from a clean, free and literally limitless 
source, wind. My bill offers a tax credit to help defray the cost of 
installing a small wind energy system to generate electricity for 
individual homes, farms and businesses. It is my hope that this credit 
will help make it economical for people to invest in small wind 
systems, thereby reducing pressures on the national power grid and 
increasing America's energy independence one family or business at a 
time.
  Any serious attempt to create a national energy policy must include 
innovative proposals for exploring and developing the use of 
alternative and renewable energy sources. I look forward to debating a 
comprehensive energy policy for America in the next session of the 
107th Congress, and I ask unanimous consent that a summary of the Home 
and Farm Wind Energy Systems Act of 2001 be printed in the Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:


          Summary of the Home and Farm Wind Energy Systems Act

       The bill would provide a 30 percent federal investment tax 
     credit for homeowners, farmers and businesses when they 
     install small wind energy systems with a capacity of up to 75 
     kilowatts (kW). The tax credit would be available for 
     installation occurring over the next ten years.
       Investments in renewable energy provide many benefits, 
     including:
       1. Enhancing the energy security and independence of the 
     United States;
       2. Increasing farmer and rancher income;
       3. Promoting rural economic development;
       4. Providing environmental and public health benefits such 
     as cleaner air and water;
       5. Improving electric grid reliability, thereby reducing 
     the likelihood of blackouts;
       6. Providing farm and residential customers with insulation 
     from electricity price volatility resulting from electric 
     deregulation.
       Small wind systems are the most cost-competitive home sized 
     renewable energy technology, but the high up-front cost has 
     been a barrier. Phil Funk, for instance, a farmer in Dallas 
     County, IA, invested $20,000 in a 20kW wind turbine system 
     that saves him $3000 dollars per year on his electricity 
     bill. Funk made use of an existing tower on his property to 
     reduce his total costs significantly. The simple return-on-
     investment period for Funk, however, was still 7 years--too 
     long to interest many farmers. A 30 percent tax credit would 
     be a powerful incentive in its own right. It would also bring 
     down production costs for small wind systems by increasing 
     sales and production volume.
       A typical rural residential wind system uses a 60 foot to 
     80 foot tower, has a 10 kW capacity and costs $30,000 to 
     $35,000 to install. It produces up to 13,000 kWh of 
     electricity per year, and offsets seven tons of carbon 
     dioxide per year. This could yield savings of $1000 or more 
     per year in energy costs, depending on prevailing commercial 
     rates. In addition, in most states, system owners whose homes 
     are connected to the power grid can sell excess electricity 
     back to the local power company, improving efficiency and 
     further reducing demands on local power grids.
       While a few states offer incentives, the Federal Government 
     has not offered tax credits for small wind systems since 
     1985.
       A recent USA TODAY/CNN/Gallup poll showed that 91 percent 
     of the public favors incentives for wind, solar, and fuel 
     cells. But, while there are tax credits for very large 
     commercial wind turbines, Production Tax Credit, there is 
     currently no federal program to support small systems.
       According to the American Wind Energy Association, Illinois 
     ranks 16th in the contiguous states for wind energy 
     potential. A new map produced by the National Renewable 
     Energy Laboratory, NREL, for the U.S. Department of Energy 
     indicates that over 2/3 of Illinois has a ``class 3'' or 
     better wind resource, making rural areas and the higher 
     elevations in those areas appropriate for small wind turbine 
     siting.
       Illinois has a strong wind energy heritage. Chicago and 
     Batavia were the leading centers of wind energy manufacturing 
     in the United States at the end of the last century, with 
     millions of farm water pumping windmills and battery-charging 
     wind turbines built in the area between 1870 and 1910. 
     Batavia is still known as ``The Windmill City''.
       In 1999, the Danish large-wind-turbine manufacturer NEG 
     Micon chose Champaign for the site of its first American 
     assembly and servicing facility, continuing the wind energy 
     tradition in Illinois.
       Only a handful of States provide incentives for small wind 
     systems.
       Illinois currently offers a buy-down or rebate on the 
     purchase of wind energy systems of up to 50 percent or $2/
     watt. Eligible applicants include associations, individuals, 
     private companies, public and private schools, colleges and 
     universities, not-for-profit organizations and units of State 
     and local government. Potential recipients must be located 
     within the service area of an investor-owned or municipal gas 
     or electric utility or an electric cooperative that imposes 
     the Renewable Energy Resources and Coal Technology 
     Development Assistance Charge. Grant payments under current 
     operating procedures are, however taxable, which reduces 
     their value significantly.
                                 ______
                                 
      By Mr. THOMPSON (for himself, Mr. Lieberman, Mr. Voinovich, Mr. 
        Lugar, Mr. Durbin, and Mr. Akaka):
  S. 1811. A bill to amend the Ethics in Government Act of 1978 (5 
U.S.C. App.) to streamline the financial disclosure process for 
executive branch employees; to the Committee on Governmental Affairs.
  Mr. THOMPSON. Madam President, I am introducing today the 
Presidential Appointments Improvement Act of 2001 on behalf of myself 
and Senator Lieberman, and Senators Akaka, Durbin, Lugar, and 
Voinovich. This proposal reflects multiple recommendations made by the 
many commissions and organizations that have studied the Presidential 
appointments process. These include a number of national commissions, 
non-profit organizations like the Presidential Appointee Initiative and 
the Transition to Governing Project, and a 1993 study and 
recommendations by the American Bar Association.
  Clearly, we have a problem. The Presidential appointments process is 
unnecessarily long, burdensome, and complex. And although President 
Bush has sent a notable number of nominees to Congress at this point in 
his first year, major gaps remain in critical positions throughout 
government. We are faced with responding to the events of September 11 
with a 25-percent vacancy rate in positions considered important to 
Homeland Security.
  The time it takes for a new President to put his team in place 
exacerbates the human capital problems that our government faces. There 
is a growing recognition that we need to manage our people better. But 
with the downsizing of the past decade and the impending wave of 
retirements, the time consuming nature of the appointments process will 
leave many federal departments and agencies hollow and headless.
  While the appointments process is, collectively, a tangled mess, 
there is no question that it has parts that are important and should be 
preserved. Conflict of interest statutes are critical, because a 
fundamental principle of government is one should not have a direct 
financial interest in the decisions that one is making. Likewise, 
background investigations are critical to ensure that the Government's 
highest officials can be trusted with national security information. 
And, of course, the Congress has an obligation, enshrined in the 
Constitution, to provide its advice and consent for the President's 
nominees.

[[Page S13054]]

  This committee first took action to improve the Presidential 
appointments process when we passed the Presidential Transition Act of 
2000. In that legislation, we included a number of provisions to allow 
a new President to hit the ground running once he takes office. In 
addition, that bill asked the Office of Government Ethics to report 
within six months on its recommendations to streamline the forms we 
require of Executive Branch nominees. The administration submitted 
those recommendations and they are included in this legislation.
  In addition to streamlining the financial disclosure form, our 
legislation directs the Executive Clerk of the White House to provide a 
list of appointed positions to each Presidential candidate, Republican 
and Democrat, after their respective nominating conventions. That way 
the President, whomever he or she may be, can have an early start at 
picking his most trusted advisors. We also ask each Executive 
Department to recommend an elimination of Senate-confirmed positions, 
which would greatly shorten the entire process.
  As I've said, this legislation is not the only action we are taking 
to improve the Presidential appointments process. Senator Lieberman and 
I earlier asked Senate Committees to work to simplify the forms they 
require of nominees, we have simplified the Governmental Affairs 
Committee form, and I have written White House Chief of Staff Andrew 
Card, asking him to examine the need for all Presidential nominees to 
undergo a full-field FBI background investigation. Clearly, there are 
some positions in the Federal Government that do not require the same 
background investigations as, say, the Secretary of Defense.
  We will continue to look for ways to improve this process. The 
legislation we are introducing today makes reasonable but overdue 
changes to the Presidential appointments process. Whether in a time of 
crisis or not, there is no question that the country benefits when the 
President's team, from either party, takes office as quickly as 
possible.
  I ask unanimous consent that a section-by-section analysis of the 
bill be printed in the Record.
  There being no objection, the analysis was ordered to be printed in 
the Record, as follows:

 Presidential Appointments Improvement Act of 2001--Section-By-Section 
                                Analysis

       Section 1 of the bill. Sets forth the short title of the 
     bill.
       Section 2 of the bill. Sets forth the purposes of the bill.
       Sec. 3 of the bill. Sets forth the public financial 
     disclosure requirements for judicial and legislative 
     personnel by amending Title I of the Ethics in Government Act 
     to excise all current references in title which were 
     necessary to apply the title to the officers and employees of 
     the executive branch. No change to current financial 
     disclosure requirements for judicial and legislative 
     personnel have been made.
       Sec. 4 of the bill. Sets forth the public financial 
     disclosure requirements for executive branch personnel by 
     enacting a new title II of the Ethics in Government Act. The 
     references below are to the sections of title II of the 
     Ethics in Government Act and not to the sections of this Act.
     Section 201. Persons required to file
       Subsection (a) establishes the filing deadlines for new 
     entrants to a filing position. This does not change current 
     requirements.
       Subsection (b), Paragraphs (1) and (2) establish the filing 
     deadlines for Presidential nominees (and individuals whom the 
     President has announced his intent to nominate) to positions 
     requiring Senate confirmation (other than Foreign Service 
     Officers or certain uniformed service officers) and including 
     the requirement to update information regarding income and 
     honoraria to within 5 days of the confirmation hearing. This 
     does not change current requirements.
       Subsection (c), paragraph (1) contains the current filing 
     requirements for candidates for President or Vice President. 
     This does not change current requirements.
       Paragraph (2) requires that an individual who is sworn in 
     as President or Vice President and who did not hold either of 
     those two positions immediately before taking the oath of 
     office shall file a report within 30 days of taking the oath. 
     This is new. It is intended to make clear that a newly- 
     elected President or Vice President or an individual who 
     takes the oath of office of either of those two positions 
     outside the normal election cycle shall file a report within 
     30 days of taking the oath. A newly-elected President and 
     Vice President who are not incumbents have previously filed 
     as candidates. This amendment would clarify the change from 
     candidate to incumbent and give the public timely information 
     regarding these two officials. An individual who is re-
     elected as President or Vice President would not be affected 
     by this provision and would continue to file annually on May 
     15.
       Subsection (d) contains the requirements for annual 
     reports. This does not change current requirements.
       Subsection (e) contains the requirements for termination 
     reports. It has been changed only to make clear that an 
     individual who moves from any covered position to an elected 
     position in the executive branch need not file a termination 
     report for the first position.
       Subsection (f) contains the descriptions of the officers 
     and employees of the executive branch who must file a public 
     financial disclosure. This does not change current 
     requirements, except that paragraph (6) has been amended to 
     clarify which officers or employees of the Postal Service are 
     required to file by referencing the levels of the Postal 
     Career Executive Service rather than an amount of basic pay.
       Subsection (g) contains the provisions for extensions for 
     filing. This does not change current provisions.
       Subsection (h) contains a time-limited exception for filing 
     by persons who are not reasonably expected to serve in their 
     positions for more than sixty days in a calendar year. This 
     does not change current authority.
       Subsection (i) provides OGE with waiver authority for the 
     filing requirements primarily for certain special Government 
     employees. This does not change current waiver authority.
     Section 202. Contents of reports
       Subsection (a), paragraph (1), subparagraph (A) requires 
     the reporting of the source, description and category of 
     amount of earned income including honoraria aggregating more 
     than $500 in value. For purposes of honoraria received 
     during Government service, the report must include the 
     exact amount and the date it was received. This provision 
     does not include the current requirements for reporting 
     exact amounts of earned income; exact amounts of any 
     income that are not dividends, rents, interest and capital 
     gains; contributions made to charitable organizations in 
     lieu of honoraria; and the corresponding confidential 
     reporting requirement of the recipients of the payments in 
     lieu of honoraria. It also changes the threshold from 
     ``$200 or more'' to ``more than $500'' to conform the 
     style of the threshold descriptions and raise the amount.
       Subparagraph (B) requires the reporting of the source, 
     description and category of amount of investment income which 
     exceeds $500 during the reporting period. This change allows 
     all investment income to be reported by category of amount 
     rather than only dividends, rents, interest and capital 
     gains, and it raises the reporting threshold from $200 to 
     $500.
       Subparagraph (C) sets forth the categories of amounts for 
     reporting earned and investment income. This provision 
     substitutes 5 categories for the current 11 categories used 
     for certain types of investment income.
       Paragraph (2), subparagraph (A) requires the reporting of 
     gifts aggregating more than the minimal value established by 
     the Foreign Gifts Act (currently $260). This does not change 
     current requirements.
       Subparagraph (B) requires the reporting of reimbursements 
     received for travel when valued at more than the minimal 
     value established by the Foreign Gifts Act. This changes 
     current requirements in that it eliminates the requirement to 
     report the ``itinerary'' of the trip but maintains the 
     requirement to report the dates and the nature of the 
     expenses provided.
       Subparagraph (C) provides for a publicly available waiver 
     for reporting gifts. This does not change current authority.
       Paragraph (3) contains the requirements for reporting 
     interests in property or in a trade or business, or for 
     investment or the production of income property held for the 
     production of income which has a fair market value in excess 
     of $5,000 except that deposit accounts in a financial 
     institution aggregating $100,000 or less and any federal 
     Government securities aggregating $100,000 or less need not 
     be reported. This changes the current requirements by raising 
     the general threshold reporting requirement to $5,000, by 
     raising the threshold reporting requirement for deposit 
     accounts from $5,000 to $100,000 and by creating a new 
     threshold for Government securities at over $100,000 where it 
     currently is treated as other personal property with a $1,000 
     reporting threshold.
       Paragraph (4) contains the requirements for reporting the 
     identity and category of value of liabilities which exceed 
     $20,000 at any time during the reporting period except that 
     revolving charge accounts need only be reported if the 
     outstanding liability exceeds $20,000 as of the close of the 
     reporting period. This changes the current requirements by 
     raising the threshold from $10,000 to $20,000.
       Paragraph (5) contains the reporting requirements for real 
     property and securities that were: purchased, sold or 
     exchanged during the preceding calendar year; the value of 
     the transaction exceeded $5,000; and the property or security 
     is not already required to be reported as a source of income 
     or as an asset. This replaces the current requirements to 
     report the date and category of value of any purchase, sale 
     or exchange of real property or a security which exceeds 
     $1,000 and eliminates some redundant reporting required by 
     current law.
       Paragraph (6), subparagraph (A) requires the reporting of 
     certain positions (e.g. officerships, directorships, 
     trusteeships,

[[Page S13055]]

     partnerships, etc.) held by the reporting official during the 
     period that encompasses the preceding calendar year and the 
     current calendar year in which the report is filed. This 
     changes the current requirement only in that it shortens the 
     look-back in the reporting period from two years plus the 
     current to one year plus the current.
       Subparagraph (B) requires a non-elected new entrant to 
     report the sources of individual compensation for personal 
     services rendered by the reporting individual valued in 
     excess of $25,000 in the calendar year prior to or the 
     calendar year in which the first report was filed. It 
     specifically exempts from reporting those sources that have 
     already been reported previously as a source of earned 
     income over $500. It also contains a provision that allows 
     the reporting individual not to report any information 
     required by this provision if the information is 
     confidential as a result of a privileged relationship or 
     the person for whom the services were provided had a 
     reasonable expectation of privacy. This changes the 
     current requirements by raising the threshold from $5,000 
     to $25,000; by shortening the look-back in the reporting 
     period from two years plus the current to one year plus 
     the current year; by deleting, through exception, the 
     current requirement to again report sources of earned 
     income required to be reported elsewhere; and by adding an 
     additional exception for reporting information where the 
     person for whom the services were provided (client) had a 
     reasonable expectation of privacy.
       Paragraph (7) requires the reporting of a description of 
     the parties to and the terms of any agreements or 
     arrangements for future employment (including the date of any 
     formal agreement for future employment), leaves of absence, 
     continuation of payments by a former employer and continuing 
     participation in an employee benefits plan maintained by a 
     former employer. This changes the current requirements only 
     in that it eliminates the requirement that dates of all such 
     agreements must be included, requiring only the dates of 
     formal agreements for future employment.
       Paragraph (8) specifies that a category of value shall be 
     used to report the total cash value of the reporting 
     individual in a qualified blind trust. This does not change 
     the requirement that the total cash value of a blind trust is 
     to be reported by category of amount, but it does eliminate a 
     reference to blind trusts executed prior to July 24, 1995 
     where the trust document prohibited the beneficiary from 
     receiving this information. There are no such trusts that 
     would be qualified in the executive branch.
       Subsection (b), paragraph (1) provides for reporting 
     periods for candidates, Presidential nominees and other new 
     entrants. For income, positions held and client-type 
     information the reporting period will be the year of filing 
     and the preceding calendar year. For assets and liabilities, 
     the reporting period is as of a date that is less than 31 
     days before the filing date. For agreements and arrangements, 
     the reporting period is as of the filing date. This maintains 
     the current reporting periods except that it reiterates that 
     positions held and client-type information will only be 
     required to be reported for the preceding calendar year plus 
     the current calendar year.
       Paragraph (2), subparagraphs (A) and (B) provides for 
     authority to allow a filer to use a format other than the 
     standard form developed by the Office of Government Ethics or 
     to provide exact amounts instead of reporting by category of 
     amount. This does not change current authority.
       Subsection (c) provides for reporting periods for certain 
     first annual report filers and for those terminating 
     Government service. This does not change current 
     requirements.
       Paragraph (1) provides OGE with regulatory authority to 
     expand a reporting period to cover days in which the filer 
     actually served the Government in a filing position, but 
     information for those days was not otherwise included on a 
     public financial disclosure. This is a new requirement 
     intended to allow OGE to define an additional reporting 
     period, by regulation, to fill a reporting gap that can occur 
     between a nominee or new entrant report and the first annual 
     report the individual is required to file. Typically the gap 
     appears for an individual who enters Government service in 
     November or December as a new appointee or as a regular new 
     entrant who filed a first report promptly before the end of 
     the year and whose next annual does not cover any of the 
     November/December time frame when they first entered 
     government service.
       Paragraph (2) requires that reports filed at the 
     termination of Government service shall include that part of 
     the calendar year of filing up to the date of the termination 
     of employment. This does not change current requirements; it 
     is simply a renumbering.
       Subsection (d), paragraph (1) sets forth the five 
     categories of value for reporting assets. This changes the 
     current eleven categories to five and eliminates the 
     requirement that liabilities and trusts be reported using the 
     same categories as assets.
       Paragraph (2) sets forth the alternative methods for 
     valuing an asset. This does not change current alternatives.
       Paragraph (3) sets forth the four categories of value for 
     reporting liabilities and qualified blind trusts. This is a 
     new provision that sets forth categories of value for 
     reporting liabilities and qualified blind trusts that are 
     different from the categories of value for reporting assets, 
     and provides for only four categories instead of the current 
     eleven.
       Subsection (e), paragraph (1), subparagraph (A) requires 
     that a report include the sources (but not the amounts) of 
     earned income (including honoraria) earned by the spouse 
     which exceed $500 except that when the spouse is self-
     employed, only the nature of the business need be reported. 
     This changes the current requirement by lowering the 
     threshold amount from $1,000 to match the $500 threshold for 
     filers, and eliminates the requirement that amounts of 
     honoraria earned by a spouse be reported.
       Subparagraph (B) requires that the same information 
     regarding investment income required of a filer will be 
     required to be reported for the spouse or dependent child. 
     This changes the current requirement by requiring the 
     reporting of all reportable investment income rather than 
     specifying only income from assets that are required to be 
     reported.
       Subparagraphs (C) and (D) set forth the reporting 
     requirements for gifts and reimbursements received by a 
     spouse or dependent child. These do not change current 
     requirements.
       Subparagraph (E) sets forth the test for the certification 
     that would provide an exemption for reporting certain spousal 
     and dependent child's information. There is no change to the 
     longstanding OGE requirement regarding certification, 
     although there is a grammatical correction.
       Subparagraph (F) specifies that reports filed by nominees, 
     candidates and new entrants need only contain information 
     regarding sources of income, assets and liabilities of a 
     spouse and dependent child. This does not change current 
     requirements.
       Paragraph (2) provides for the non-disclosure of 
     information of a spouse living separate and apart from the 
     reporting individual with the intention of terminating the 
     marriage or providing for permanent separation or of 
     information relating to income or obligations arising from 
     the dissolution of a marriage or permanent separation. This 
     does not change current authority.
       Subsection (f), paragraph (1) sets forth the general 
     requirement for reporting information regarding the holdings 
     of and the income from a trust in which the filer, spouse or 
     dependent child has a beneficial interest in principal or 
     income, and references the exceptions. This does not change 
     current requirements.
       Paragraph (2) describes the three types of trusts for which 
     the holdings and income would not be subject to the general 
     reporting requirements set forth in subparagraph (1). This 
     does not change current descriptions.
       Paragraph (3) sets forth the requirements for a qualified 
     blind trust. This does not change current requirements except 
     that a reference to trusts qualified prior to January 1, 1991 
     has been eliminated as no longer necessary.
       Paragraph (4) sets forth the requirements for a diversified 
     blind trust. This does not change current requirements.
       Paragraph (5) sets forth the requirements for the public 
     documents that must be filed in relation to a trust. It does 
     not change current requirements except that it eliminates a 
     requirement that the filer file a public copy of a list of 
     the trust assets with the Office of Government Ethics upon 
     dissolution of the trust.
       Paragraph (6) sets forth the restrictions applicable to the 
     trustee and the reporting individual with regard to 
     disclosing and soliciting certain information about a blind 
     trust and the penalties for violating those restrictions. 
     This does not change current restrictions or penalties.
       Paragraph (7) sets forth the requirements for qualifying as 
     blind a pre-existing trust. This does not change current 
     requirements.
       Paragraph (8) sets forth the exception for reporting the 
     financial interests held by a widely held investment fund. 
     This does not change the current exception.
       Paragraph (9), subparagraph (A) sets forth the requirements 
     that must be met by a new entrant or nominee in order to not 
     disclose the assets of certain trust and investment funds 
     where reporting would result in the disclosure of financial 
     information of another not otherwise required to be report; 
     disclosure of the information is prohibited by contract or 
     the information is not otherwise publicly available; and the 
     reporting individual has agreed to divest of the interest 
     within 90 days of the date of the agreement.
       This is a new provision included to address the reporting 
     requirements for investment vehicles such as limited 
     partnerships where the filer may not have specific 
     information about the underlying holdings of the fund 
     necessary to complete a financial disclosure form; where the 
     investment manager does not ordinarily disclose his 
     investments; or where other investors do not want the 
     identity of their investments disclosed. In these cases, the 
     filer's agreement to divest, and interim recusals when 
     necessary, adequately address conflict of interest concerns.
       Subparagraph (B) sets forth the requirements that must be 
     met by annual and termination report filers in order not to 
     disclose the assets of certain trust and investment funds 
     acquired involuntarily during the reporting period and 
     otherwise described by subparagraph (A). This is new and is 
     complementary to subparagraph (A).
       Subsection (g) provides that financial information 
     regarding political campaign funds is not required to be 
     reported in any report pursuant to the title. This does not 
     change current law.
       Subsection (h) provides that gifts and reimbursements 
     received when the filer was not an officer or employee need 
     not be included on any report filed pursuant to the title. 
     This does not change current law.

[[Page S13056]]

       Subsection (i) provides that assets, benefits and income 
     from federal retirement systems or Social Security need not 
     be reported.
       This does not change current law.
       Subsection (j) provides that Designated Agency Ethics 
     Officers shall submit, on a monthly basis, a list of recently 
     granted criminal conflict-of-interest waivers to the Office 
     of Government Ethics. It further provides that the Office of 
     Government Ethics publish notice of these waivers and of the 
     waivers that has itself granted. This is a new requirement 
     designed to expedite public notice of waivers.
       Paragraph (k) provides that waivers be included with the 
     filing for the year in which it was granted. This is a new 
     requirement designed to expedite public availability of 
     waivers.
     Section 203. Filing of reports
       Subsection (a) provides for the filing of most reports with 
     the agency in which the individual will serve. This does not 
     change current requirements.
       Subsection (b) provides that the President and Vice 
     President shall file reports with the Director of the Office 
     of Government Ethics. This does not change current 
     requirements for these individuals although it eliminates the 
     reference to Independent Counsels and their staffs.
       Subsection (c) provides that copies of certain forms that 
     are filed with an agency shall also be transmitted to the 
     Office of Government Ethics. This does not change current 
     requirements.
       Subsection (d) requires that the reports filed directly 
     with the Office of Government Ethics shall be available 
     immediately to the public. This does not change current 
     requirements.
       Subsection (e) requires that candidates for President and 
     Vice President shall file with the Federal Election 
     Commission. This does not change current requirements.
       Subsection (f) requires that reports of members of the 
     uniformed services shall be filed with the Secretary 
     concerned. This does not change current requirements.
       Subsection (g) provides that the Office of Government 
     Ethics shall develop the forms for reporting for the 
     executive branch. This does not change current requirements.
     Section 204. Failure to file or filing false reports
       Subsection (a) provides for civil actions and penalties for 
     knowing and willful falsification and willful failure to file 
     or report information. This does not change current law.
       Subsection (b) directs OGE, agency heads and Department 
     Secretaries to refer to the Attorney General the names of 
     individuals for whom there is reasonable cause to believe 
     have willfully falsified or willfully failed to file 
     information required to be reported. This does not change 
     current law.
       Subsection (c) provides for authority to take appropriate 
     administrative action for failure to file or falsifying or 
     failing to report required information. This does not change 
     current law.
       Subsection (d), paragraph (1) provides a late filing fee of 
     $500. This raises the current fee from $200 to $500.
       Paragraph (2) provides OGE with the authority to waive a 
     late filing fee for good cause shown. This changes the 
     standard of the test for a waiver from ``extraordinary 
     circumstances.'' Experience has shown a good cause test to be 
     more appropriate to meet the circumstances where OGE has felt 
     that the fee should be waived, particularly when the failure 
     to file on a timely basis has not been the fault of the 
     filer.
     Section 205. Custody of and public access to reports
       Subsection (a) sets forth the authority that allows 
     agencies to make the reports filed pursuant to the title 
     public and the authority to except from public release 
     certain reports filed by individuals engaged in intelligence 
     activities. This does not change current requirements.
       Subsection (b), Paragraph (1) sets forth the requirements 
     for when the reports must become available to the public and 
     the authority to recover reproduction costs. This does not 
     change current requirements.
       Paragraph (2) sets forth the requirement for a written 
     request in order to obtain a copy of an individual's report. 
     This does not change current requirements.
       Subsection (c) sets forth the restrictions on obtaining or 
     using a report for specified purposes and the penalties for 
     such unlawful activities. This does not change current law.
       Subsection (d) provides for the periods a report must be 
     retained and available for public inspection and for its 
     subsequent destruction. This does not change current law.
     Section 206. Review of reports
       Subsection (a) sets forth the time during which an agency 
     should review a report filed with it. This does not change 
     current requirements.
       Subsection (b), paragraphs (1)-(6) set forth the procedures 
     to be followed by a reviewing agency including OGE in seeking 
     to certify a form including steps for assuring compliance 
     with applicable laws. This does not change current procedures 
     except that paragraph (b)(2)(A) clarifies that a reviewer may 
     request additional information if he believes it is necessary 
     for the form to be complete or for conflicts of interest 
     analysis. Current law is more general about why a reviewer 
     may request additional information.
       Paragraph (7) gives OGE specific authority to render 
     advisory opinions interpreting this title and provides a 
     precedential standard for these opinions. This does not 
     change current law.
     Section. 207. Confidential reports and other additional 
         requirements
       Subsection (a) Paragraph (1) gives OGE the authority to 
     establish an additional financial disclosure system for the 
     executive branch. This does not change current authority.
       Paragraph (2) provides that financial disclosure reports 
     filed pursuant to this authority will be confidential. This 
     does not change current authority.
       Paragraph (3) makes clear that nothing in this authority 
     exempts an individual from filing publicly information 
     required to be reported elsewhere in the title. This does not 
     change current authority.
       Subsection (b) provides that this authority shall supersede 
     any general requirement for filing financial information for 
     the purposes of conflicts of interest with the exception of 
     the information required by the Foreign Gifts and Decorations 
     Act. This does not change current law.
       Subsection (c) makes clear that reporting any information 
     does not authorize the receipt of the reported income, gifts 
     or reimbursements or holding assets, liabilities or 
     positions, or the participation in transactions that are 
     prohibited. This does not change current law.
     Section 208. Authority of the Comptroller General
       This section provides the CG with access to any financial 
     disclosure report filed pursuant to this title for the 
     purposes of carrying out his statutory responsibilities. This 
     does not change current law with regard to the access to 
     forms. It does, however, eliminate a current requirement that 
     the CG conduct regular studies of the financial disclosure 
     system. Such elimination is consistent with efforts to 
     eliminate periodic Government reports, but does not in any 
     way affect the CG's authority to conduct such a study on an 
     as needed or requested basis.
     Section 209. Definitions
       The following terms are defined: (1) dependent child; (2) 
     designated agency ethics official; (3) executive branch; (4) 
     gift; (5) honoraria; (6) income; (7) personal hospitality of 
     any individual; (8) reimbursement; (9) relative; (10) 
     Secretary concerned; and (11) value. All terms retain their 
     current definitions except ``gift'' no longer includes an 
     exception for consumable products provided by home-State 
     businesses because of its primary relevance for Members of 
     Congress and includes an exception for gifts accepted or 
     reported pursuant to the Foreign Gifts Act; ``honoraria'' no 
     longer references a section of a law that has been ruled 
     unconstitutional and/or unenforceable for the executive 
     branch and instead is now defined as a thing of value for a 
     speech, article or appearance; and ``income'' now 
     specifically includes prizes and awards as a part of the 
     items that are considered income. This changes current law as 
     described above and eliminates individual terms that were 
     only required to be defined if the legislative and/or 
     judicial branch filing requirements were included.
     Section 210. Notice of actions taken to comply with ethics 
         agreements
       Subsection (a) sets forth the notification requirements 
     that must be followed by an individual who has agreed to take 
     certain actions in order to avoid conflicts of interest. 
     Notification must first be made no later than the date 
     specified in the agreement or no later than 3 months after 
     the date of the agreement. If all actions have not been 
     taken by the time the first notification is required, the 
     individual must thereafter, on a monthly basis, file such 
     notifications until all agreements are met. Current law 
     only requires one notification; this adds the continuing 
     monthly requirement to report the status of steps taken to 
     comply until all terms of the agreement have been met.
       Subsection (b) describes the documentation required to be 
     filed for an ethics agreement that includes a promise to 
     recuse. This does not change current requirements.
     Section 211. Administration of provisions
       This provides OGE with clear authority to issue 
     regulations, develop forms and provide such guidance as is 
     necessary to implement and interpret this title. This 
     clarifies current law for the executive branch.
       Sec. 5. Provides that the Executive Clerk of the White 
     House will transmit a list of Presidentially-appointed 
     positions to each presidential candidate following the 
     nominating conventions. This is a change to current law, 
     under which such a list could only be provided to the 
     President-elect after the November election. This section is 
     intended to speed the process of identifying and vetting 
     major Presidential appointees.
       Sec. 6. Provides that the head of each agency will submit a 
     plan, within 180 days of enactment of the Act, that details 
     the number of Presidentially-appointed positions within the 
     agency and outlines a plan to reduce the number of those 
     positions. This is clearly a new requirement, one intended to 
     begin the dialogue of reducing the large number of appointees 
     and speeding up the process for positions that remain.
       Sec. 7. Provides that the Attorney General will review the 
     Federal criminal conflict of interest laws and suggest 
     coordination and improvements that might be made. This 
     section is designed to aid in the decriminalization of such 
     laws, in the case when honest mistakes are made in the 
     process of recording extensive financial transactions.

[[Page S13057]]

       Sec. 8. Provides that the amendments made by Section 4 take 
     effect on January 1 of the year following the date of 
     enactment of the Act.
                                 ______
                                 
      By Mr. CORZINE (for himself and Mr. Torricelli):
  S. 1812. A bill to repeat the provision of the September 11th Victim 
Compensation Fund of 2001 that requires the reduction of a claimant's 
compensation by the amount of any collateral source compensation 
payments the claimant is entitled to receive, and for other purposes; 
to the Committee on the Judiciary.
  Mr. CORZINE. Madam President, today along with Senator Torricelli I 
am introducing legislation to ensure that the families who suffered 
tremendous losses in the terrorist attacks on September 11th receive 
the compensation they deserve and need to move forward with their 
lives. The bill would eliminate provisions in current law that reduce 
the compensation to which they are entitled because of contributions 
received from other sources.
  New Jersey has been tragically affected by the terrorist attacks of 
September 11. This past weekend, I met with over 400 family members who 
lost a loved one on the 11th. These people are dealing with 
unimaginable pain, and many are struggling as they try to provide for 
the security of their families.
  To obtain assistance, families are being forced to navigate through 
extensive paperwork burdens. They have filled out countless forms and 
made countless calls seeking answers about the benefits to which they 
are entitled. Yet many fear that, notwithstanding their efforts, they 
will be unable to secure the assistance that they need so badly.
  The American people want to help these victims, and Congress has 
acted in an effort to make that happen. Soon after September 11, as 
part of broader legislation to support the airline industry, Congress 
established a fund to compensate the victims of the attacks, the 
September 11 Victim Compensation Fund.
  Under that legislation, victims and their families can choose to seek 
compensation from the Fund, in return for relinquishing their right to 
file suit against an airline. Those victims who opt-in are eligible for 
full economic and non-economic damages, but not punitive damages. The 
amount of compensation will be determined by a Special Master, Kenneth 
Feinberg.
  The purpose of the Fund is to ensure that victims are fully 
compensated without having to go to court, a process that could take 
many years for families who urgently need assistance. I support this 
goal. Unfortunately, in our desire to both aid the industry by limiting 
their liability and to provide compensation to the victims and their 
families, we rushed the legislation to enactment without sufficient 
consideration of how the Fund would operate.
  As a result, the law contains a glaring flaw. It includes a 
``collateral source'' rule, which requires the Special Master to deduct 
the amount of life insurance and pension payments from the amount of 
compensation that would otherwise be available to victims and families 
under the Fund. This rule, in my view, is a serious mistake, and 
threatens to deny needed compensation for many of these victims.
  It is wrong to treat victims of the disaster on September 11 any 
differently. Reducing their awards not only harms these families, it 
also runs counter to the goals of the original legislation. After all, 
if families cannot obtain the compensation they need through the 
Victims Compensation Fund, some of them will be forced to go straight 
to court. That will delay the compensation they need, and subject 
airlines to costs and liability that Congress sought to protect them 
against.
  I would note, that in addition to repealing the collateral source 
rule, my legislation makes clear that charitable donations should not 
be considered collateral sources and should not count against 
compensation awarded under the Fund. This no only ensures that families 
get the compensation they need, but its ensures that those who have 
made charitable contributions are not treated unfairly. After all, 
those who have generously sent checks to charitable organizations did 
not think that their contributions would reduce Federal compensation. 
In effect, such a reduction would be a tax on people who have 
contributed their own funds in an effort to help. In addition, without 
such a clarification, charities may withhold funds for victims until 
after they recover from the fund, in order to avoid an offset.
  Recovery under the Victims' Compensation Fund is not the only relief 
that these grieving families need. Although charities have provided 
some assistance to families over the past three months, that funding 
has only been a stopgap measure. These families need immediate tax 
relief. I am pleased that just before Thanksgiving the Senate passed a 
comprehensive victims' tax relief bill, but unfortunately the House has 
only passed a more narrow version of the legislation.
  These families need immediate relief so that they can plan and 
provide for their families. They need: a waiver of federal income tax 
liability for this year and last year; payroll tax relief--this is 
particularly important to low-wage workers, who are less likely to 
benefit from the waiver of income tax liability, and are also less 
likely to have left their families with life insurance and pensions; 
reduced estate taxes; exclusion of survivor, disability and emergency 
relief benefits from taxation; and finally, we need to make it easier 
for charitable organizations to make disaster relief payments to help 
victims and their families with both short-term and long-term needs, 
such as scholarships for victims' children.
  Many of these proposals are based on provisions in current law that 
provide tax relief to soldiers who die in combat and government 
employees who die in terrorist attacks outside the United States. 
Extending these provisions to the victims of the terrorist attacks is 
appropriate because the attacks of September 11 were attacks on our 
entire nation.
  Last week some families came down here to meet with the New Jersey 
delegation and House and Senate leadership to plead for immediate 
assistance, so that they can pay their mortgages, keep children in 
school, and keep their heads above water. They made their case 
powerfully and effectively, and we in Congress must no let them down.
  I urge my colleagues to stand up for these victims and support my 
legislation. I asks unanimous consent the text of the bill be printed 
in the Record.
  There being no object, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1812

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``September 11th Victim 
     Compensation Fund Fairness Act''.

     SEC. 2. REPEAL OF COLLATERAL COMPENSATION PROVISION.

       (a) Repeal of Collateral Compensation Provision.--Section 
     405(b)(6) of the September 11th Victim Compensation Fund of 
     2001 (49 U.S.C. 40101 note) is hereby repealed.
       (b) Application of the September 11th Victim Compensation 
     Fund of 2001.--The compensation program established under the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note) shall be administered as if section 405(b)(6) of 
     that Act had not been enacted.

     SEC. 3. AMENDMENT OF COLLATERAL SOURCE DEFINITION.

       Paragraph (6) of section 402 of the September 11th Victim 
     Compensation Fund of 2001 (49 U.S.C. 40101 note) is amended 
     by adding at the end the following: ``The term `collateral 
     source' does not include payments or other assistance 
     received from a nonprofit organization, if such organization 
     is described in paragraph (3) or (4) of section 501(c) of the 
     Internal Revenue Code of 1986 and is exempt from tax under 
     section 501(a) of such Code.''.

                          ____________________