[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[Senate]
[Pages S7165-S7171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SPECTER (for himself and Mr. Harkin):
  S.J. RES. 41. A joint resolution calling for Congress to consider and 
vote on a resolution for the use of force by the United States Armed 
Forces against Iraq before such force is deployed; to the Committee on 
Foreign Relations.
  Mr. SPECTER. Mr. President, I ask unanimous consent that the text of 
the joint resolution be printed in the Record.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                            Joint Resolution


 calling for congress to consider and vote on a resolution for the use 
  of force by the united states armed forces against Iraq before such 
                           force is deployed

       Whereas Iraq has consistently breached its cease-fire 
     agreement between Iraq and the United States, entered into on 
     March 3, 1991, by failing to dismantle its weapons of mass 
     destruction program, and refusing to permit monitoring and 
     verification by United Nations inspections;
       Whereas Iraq has developed weapons of mass destruction, 
     including chemical and biological capabilities, and has made 
     positive progress toward developing nuclear weapons 
     capabilities;
       Whereas in his January 29, 2002 ``State of the Union'' 
     address the President characterized Iraq, Iran and North 
     Korea as an ``axis of evil'';
       Whereas the Secretary of State distinguished Iraq from Iran 
     and North Korea in his testimony before the Senate Budget 
     Committee on February 12, 2002, stating that ``for several 
     years now [it has been] a policy of the United States 
     government that a regime change would be in the best interest 
     of the region, [and] the best interest of the Iraqi people'';
       Whereas in his February 12, 2002 testimony, the Secretary 
     of State specifically stated, ``With respect to Iran and with 
     respect to North Korea, there is no plan to start a war with 
     these nations'', raising the implication that the United 
     States had a plan to start a war with Iraq;
       Whereas, there have been repeated reports in the news media 
     on U.S. plans to use force against Iraq and statements by the 
     President and the Vice President on the intention of the 
     United States to use force against Iraq:
       (a) The New York Times February 16, 2002, quoting Vice 
     President Cheney saying, ``The President is determined to 
     press on and stop Iraq . . . from continuing to develop 
     weapons of mass destruction'' and intends to use ``the means 
     at our disposal--including military, diplomatic and 
     intelligence to address these concerns'';
       (b) New York Times on July 9, 2002 quoting President Bush 
     on Iraq: ``It's the stated policy of this government to have 
     regime change and it hasn't changed. And we'll use all tools 
     at our disposal to do so.''
       Whereas Congress has the exclusive authority to declare war 
     under Article I, Section 8 of the United States Constitution;
       Whereas, the President has authority under Article II, 
     Section 2, of the United States Constitution as Commander-in-
     Chief, which authorizes him to take military action in an 
     emergency when Congress does not have time to deliberate and 
     decide on a declaration of war or the equivalent 
     authorization for the use of force;

[[Page S7166]]

       Whereas, within the past half century, Presidents have 
     unilaterally initiated military actions in Korea, Vietnam, 
     Grenada, Lebanon, Panama, Somalia and Kosovo;
       Whereas, President George H.W. Bush, although initially 
     stating publicly that he did not need congressional action, 
     ultimately requested authorization from Congress, which was 
     granted in January 1991, to use force against Iraq under 
     circumstances similar to the present situation;
       Whereas, there is adequate time for the Congress to 
     deliberate and decide on the authorization to initiate 
     military action against Iraq;
       Whereas, if Congress takes no action in the current 
     situation where there is adequate time to deliberate and 
     decide, there will be a significant further, if not virtually 
     complete, erosion of congressional authority under Article I, 
     Section 8 of the United States Constitution.
       Whereas, this resolution takes no position on whether such 
     authorization should or should not be granted by Congress;
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That Congress 
     consider and vote on a Resolution authorizing the use of 
     force by the United States Armed Forces against Iraq before 
     such force is deployed against Iraq.
                                 ______
                                 
      By Mr. VOINOVICH:
  S. 2765. A bill to amend chapter 55 of title 5, United States Code, 
to exclude availability pay for certain Federal law enforcement 
officers from the limitation on premium pay, and for other purposes; to 
the Committee on Governmental Affairs.
  Mr. VOINOVICH. Mr. President, 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:

                                S. 2765

       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 ``Federal Law Enforcement 
     Officers Pay Equity and Reform Act of 2002''.

     SEC. 2. LIMITATION ON PREMIUM PAY.

       (a) In General.--Section 5547 of title 5, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``5545a,'';
       (2) in subsection (c), by striking ``or 5545a''; and
       (3) in subsection (d), by striking the period and inserting 
     ``or a criminal investigator who is paid availability pay 
     under section 5545a.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     1114 of the National Defense Authorization Act for Fiscal 
     Year 2002 (Public Law 107-107; 115 Stat. 1239).

     SEC. 3. SEPARATE PAY, EVALUATION, AND PROMOTION SYSTEM FOR 
                   FEDERAL LAW ENFORCEMENT OFFICERS.

       (a) Study.--Not later than 6 months after the date of the 
     enactment of this Act, the Office of Personnel Management 
     shall study and submit to Congress a report which shall 
     contain its findings and recommendations regarding the need 
     for, and the potential benefits to be derived from, the 
     establishment of a separate pay, evaluation, and promotion 
     system for Federal law enforcement officers. In carrying out 
     this subsection, the Office of Personnel Management shall 
     take into account the findings and recommendations contained 
     in the September 1993 report of the Office entitled ``A Plan 
     to Establish a New Pay and Job Evaluation System for Federal 
     Law Enforcement Officers''.
       (b) Demonstration Project.--
       (1) In general.--If, after completing its report under 
     subsection (a), the Office of Personnel Management considers 
     it to be appropriate, the Office shall implement, within 12 
     months after the date of the enactment of this Act, a 
     demonstration project to determine whether a separate system 
     for Federal law enforcement officers (as described in 
     subsection (a)) would result in improved Federal personnel 
     management.
       (2) Applicable provisions.--Any demonstration project under 
     this subsection shall be conducted in accordance with the 
     provisions of chapter 47 of title 5, United States Code, 
     except that a project under this subsection shall not be 
     taken into account for purposes of the numerical limitation 
     under section 4703(d)(2) of such title.
       (3) Permanent changes.--Not later than 6 months before the 
     demonstration project's scheduled termination date, the 
     Office of Personnel Management shall submit to Congress--
       (A) its evaluation of the system tested under the 
     demonstration project; and
       (B) recommendations as to whether or not that system (or 
     any aspects of that system) should be continued or extended 
     to other Federal law enforcement officers.
       (c) Federal Law Enforcement Officer Defined.--For purposes 
     of this section, the term ``Federal law enforcement officer'' 
     means a law enforcement officer as defined by section 8331 or 
     8401 of title 5, United States Code.

     SEC. 4. REPORT ON FEDERAL LAW ENFORCEMENT OFFICERS.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall submit a report to Congress on the definition of a 
     Federal law enforcement officer for purposes of pay and 
     benefits under the provisions of title 5, United States Code.
       (b) Recommendations.--The report under subsection (a) shall 
     include recommendations of applying pay and benefit 
     provisions (including retirement under chapters 83 and 84 of 
     title 5, United States Code, and premium pay under subchapter 
     V of chapter 55 of that title) to Federal employees who are 
     not defined as law enforcement officers under those 
     provisions.

     SEC. 5. EMPLOYEE EXCHANGE PROGRAM BETWEEN DEPARTMENT 
                   EMPLOYEES AND EMPLOYEES OF STATE AND LOCAL 
                   GOVERNMENTS.

       (a) Definitions.--In this section:
       (1) Employing agency.--The term ``employing agency'' means 
     the Federal, State, or local government agency with which the 
     participating employee was employed before an assignment 
     under the Program.
       (2) Participating employee.--The term ``participating 
     employee'' means an employee who is participating in the 
     Program.
       (3) Program.--The term ``Program'' means the employee 
     exchange program established under subsection (b).
       (b) Establishment.--The President shall establish an 
     employee exchange program between Federal agencies that 
     perform law enforcement functions and agencies of State and 
     local governments that perform law enforcement functions.
       (c) Conduct of Program.--The Program shall be conducted in 
     accordance with subchapter VI of chapter 33 of title 5, 
     United States Code.
       (d) Qualifications.--An employee of an employing agency who 
     performs law enforcement functions may be selected to 
     participate in the Program if the employee--
       (1) has been employed by that employing agency for a period 
     of more than 3 years;
       (2) has had appropriate training or experience to perform 
     the work required by the assignment;
       (3) has had an overall rating of satisfactory or higher on 
     performance appraisals from the employing agency during the 
     3-year period before being assigned to another agency under 
     this section; and
       (4) agrees to return to the employing agency after 
     completing the assignment for a period not less than the 
     length of the assignment.
       (d) Written Agreement.--An employee shall enter into a 
     written agreement regarding the terms and conditions of the 
     assignment before beginning the assignment with another 
     agency.
                                 ______
                                 
      By Mr. AKAKA:
  S. 2767. A bill to enhance agricultural biosecurity in the United 
States through increased prevention, preparation, and response 
planning; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. AKAKA. Mr. President, I rise today to address the threat of 
bioterrorist attacks on American agriculture. Agricultural activity 
accounts for approximately 13 percent of the U.S. gross domestic 
product and nearly 17 percent of domestic employment.
  Agriculture is vital to the health and well-being of citizens in 
Hawaii and every State of the Union. Hawaii generates more than $1.9 
billion in agricultural sales, and agriculture directly or indirectly 
employs 38,000 people who provide Hawaiian agricultural products to 
domestic and foreign markets, especially to our trading partners in 
Canada and Japan.
  While Hawaii's agricultural economy was once dominated by sugarcane 
and pineapple, Hawaiian exports now include specialty exotic fruits, 
coffee macadamia nuts, vegetables, flowers, and nursery products. 
Virtually all of these crops are vulnerable to pests and diseases that 
are difficult to control when they are accidentally introduced to the 
islands.
  I am no stranger to the need to protect American agriculture from the 
menace of alien pests and diseases. Throughout my tenure on the House 
Agriculture Appropriations Subcommittee, I was proud to support 
important U.S. Department of Agriculture, USDA, programs such as the 
Animal and Plant Health Inspection Service, APHIS. APHIS serves as an 
agricultural disease watchdog at our borders and around our farms and 
plays a vital role in preventing the introduction of agricultural pests 
and diseases to Hawaii. As a Member of the Senate, my appreciation of 
these programs continues.
  A single outbreak of a highly contagious livestock illness such as 
foot and mouth disease, FMD, could cost the U.S. economy over $10 
billion. The 2001 FMD outbreak in Great Britain cost over $7 billion. 
In 2000, the Banana Bunchy Top Virus threatened the Island of Hawaii's 
$10 million banana industry. More recently, the state has

[[Page S7167]]

seen an outbreak of the Papaya Ringspot Virus, which threatens a 
commodity that earned $16 million in 2000. An outbreak of FMD in Hawaii 
would threaten a $28 million milk industry and nearly $25 million worth 
of cattle and hogs.
  These figures do not take into account the indirect effects on 
Hawaii's economy if harsh restrictions were placed on travel in rural 
areas. During the 2001 outbreak of FMD in the United Kingdom, such 
travel restrictions were imposed to stop the spread of the disease. The 
cost to businesses directly affected by tourism was nearly as high as 
the cost to agriculture and the food chain. Clearly, the potential for 
disruption of our food supply and our economy would be devastating.
  My concerns are not unique to Hawaii. We must protect all of American 
agriculture, which is why I am introducing the Agriculture Security 
Preparedness Act of 2002. Federal agencies today are not as well 
prepared as they should be to respond to an agricultural disease 
emergency.
  My bill provides the USDA with the resource and the response 
mechanisms to protect American farmers, ranchers, and consumers from 
agroterrorism. An agricultural disease outbreak, whether of natural or 
deliberate origin, will require coordinated efforts by the USDA, the 
Federal Emergency Management Agency, FEMA, the Environmental Protection 
Agency, EPA, and the Departments of Health and Human Services, HHS, 
Transportation, DOT, and Justice, DOJ. This measure would give the USDA 
the needed authority and resources to cooperate and coordinate efforts 
with other federal agencies that have a stake in a rapid and effective 
response to agricultural disease events.
  My legislation improves the government's preparedness and response to 
outbreaks of foreign and emerging agricultural diseases by: Improving 
coordination between USDA and FEMA on preparedness and mitigation 
planning for agricultural disease emergencies; improving coordination 
between the USDA and the DOJ to review whether state and local laws 
might impede the rapid and effective implementation of emergency 
response measures; improving coordination between the USDA, and EPA, 
and regional and local disaster preparedness officials, to consider the 
potential environmental impacts of agricultural emergency response 
measures; establishing a public health liaison within the HHS to 
coordinate emergency response efforts with the USDA and the animal 
health and emergency management communities; and establishing clear 
guidelines for the DOT and USDA to enforce restrictions on interstate 
transportation in the event of an agricultural disease outbreak.
  The National Research Council report ``Making the Nation Safer: the 
Role of Science and Technology in Countering Terrorism,'' released in 
June, mirrors several other key provisions in my legislation. It calls 
for: Stronger ties to the intelligence community to identify specific 
threats to American agriculture; increased laboratory capacity for 
rapidly processing large volumes of clinical samples; development of 
rapid and sensitive disease diagnostic tools; development of improved 
livestock vaccines; the use of statisticians and computer models to 
understand the transmission of agricultural diseases during outbreaks; 
addressing environmental concerns for the disposal of contaminated 
crops and livestock; methods and standards for decontaminating areas 
where agricultural disease outbreaks occur; and communication and 
public awareness campaigns about the importance of research for 
protecting American agriculture.
  My legislation complements P.L. 107-188, the Public Health Security 
and Bioterrorism Preparedness and Response Act of 2002, which was 
signed into law on June 12, by increasing the USDA's ability to develop 
the resources and response mechanisms to contain and eradicate 
agricultural diseases when they are discovered on U.S. soil.
  By enacting this bill, we can help safeguard American consumers and 
American agriculture against threats to our food supply and economy. 
The money and effort spent on protection from agroterrorism should be 
viewed as a general investment against the routine threats of disease 
agents and pests that infest crops and livestock. I urge my colleagues 
to support this important legislation.
  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:

                                S. 2767

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Agriculture Security Preparedness Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                          TITLE I--PREVENTION

Sec. 101. Inclusion of agroterrorism in terrorist acts involving 
              weapons of mass destruction.
Sec. 102. Legal framework for agroterrorism.
Sec. 103. Study on feasibility of establishing a national agroterrorism 
              and ecoterrorism incident clearinghouse.
Sec. 104. International agricultural disease surveillance.
Sec. 105. Agricultural inspections.
Sec. 106. On-farm and on-ranch biosecurity.

                 TITLE II--PREPAREDNESS AND MITIGATION

Sec. 201. Interagency coordination.
Sec. 202. Planning.
Sec. 203. Exercises and training.
Sec. 204. Communication with the public.
Sec. 205. Vaccine development and disease research.
Sec. 206. Diagnostic and laboratory capacity.

                    TITLE III--RESPONSE AND RECOVERY

Sec. 301. Implementation of Federal, State, and local response plans.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Agricultural disease emergency.--The term 
     ``agricultural disease emergency'' means a plant or animal 
     disease outbreak that requires prompt action in order to 
     prevent injury or damage to people, plants, livestock, 
     property, the economy, or the environment, as determined by 
     the Secretary pursuant to section 415 of the Plant Protection 
     Act (7 U.S.C. 7715) or section 10407(b) of the Animal Health 
     Protection Act (7 U.S.C. 8306(b)).
       (3) Agriculture.--The term ``agriculture'' includes the 
     science and practice of activity relating to food, feed, and 
     fiber production, processing, marketing, distribution, use, 
     and trade, and also includes family and consumer sciences, 
     nutrition, food science and engineering, agricultural 
     economics and other social sciences, forestry, wildlife, 
     fisheries, aquaculture, floraculture, veterinary medicine, 
     and other environmental and natural resource sciences.
       (4) Agroterrorism.--The term ``agroterrorism'' means the 
     commission of an agroterrorist act.
       (5) Agroterrorist act.--The term ``agroterrorist act'' 
     means a criminal act to cause or attempt to cause damage to 
     or destruction or contamination of a crop, livestock, farm or 
     ranch equipment, material, or other property, or a person 
     engaged in agricultural activity, committed with the intent 
     to intimidate or coerce a civilian population or to influence 
     the policy of a government by intimidation or coercion.
       (6) Biosecurity.--The term ``biosecurity'' means protection 
     from the risks posed by biological, chemical, or radiological 
     agents to plant and animal health, the agricultural economy, 
     the environment, and human health, including the exclusion, 
     eradication, and control of biological agents that cause 
     agricultural diseases.
       (7) Department.--The term ``Department'' means the 
     Department of Agriculture.
       (8) Ecoterrorism.--The term ``ecoterrorism'' means the use 
     of force or violence against a person or property to 
     intimidate or coerce all or part of a government or the 
     civilian population, in furtherance of a social goal in the 
     name of an environmental cause.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (10) Zoonotic agent.--The term ``zoonotic agent'' means any 
     bacterium, virus, parasite, or other biological entity that 
     is naturally transmissible from animals to humans.

                          TITLE I--PREVENTION

     SEC. 101. INCLUSION OF AGROTERRORISM IN TERRORIST ACTS 
                   INVOLVING WEAPONS OF MASS DESTRUCTION.

       It is the sense of Congress that, to formulate and 
     encourage international consensus regarding intentional acts 
     against agriculture and to facilitate disarmament 
     negotiations and international sanctions against weapons of 
     mass destruction, the United Nations Security Council should 
     include agroterrorism in the definition of a terrorist act 
     involving a weapon of mass destruction.

     SEC. 102. LEGAL FRAMEWORK FOR AGROTERRORISM.

       Section 2332a(a) of title 18, United States Code, is 
     amended--

[[Page S7168]]

       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) against private property, including property used for 
     agricultural or livestock operations.''.

     SEC. 103. STUDY ON FEASIBILITY OF ESTABLISHING A NATIONAL 
                   AGROTERRORISM AND ECOTERRORISM INCIDENT 
                   CLEARINGHOUSE.

       Not later than 240 days after the date of enactment of this 
     Act, the Attorney General, in conjunction with the Secretary, 
     shall submit to Congress a report on the feasibility and 
     estimated cost of establishing and maintaining a national 
     agroterrorism incident clearinghouse to gather information 
     for use in coordinating and assisting investigations on 
     incidents of--
       (1) agroterrorism committed against or directed at--
       (A) any animal or plant enterprise; or
       (B) any person, because of any actual or perceived 
     connection of the person with, or support by the person of, 
     agriculture; and
       (2) ecoterrorism.

     SEC. 104. INTERNATIONAL AGRICULTURAL DISEASE SURVEILLANCE.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     State and the Administrator of the United States Agency for 
     International Development, shall submit to the appropriate 
     committees of Congress a report on measures taken by the 
     Secretary to--
       (1) streamline the process of notification by the Secretary 
     to Federal agencies in the event of outbreaks of agricultural 
     diseases in foreign countries; and
       (2) cooperate with representatives of foreign countries, 
     international organizations, and industry to devise and 
     implement methods of sharing information on international 
     plant and animal disease outbreaks and unusual agricultural 
     activities.

     SEC. 105. AGRICULTURAL INSPECTIONS.

       The Secretary shall--
       (1) cooperate with appropriate Federal intelligence 
     officials to improve the ability of the Department to 
     identify agricultural products, livestock, and other goods 
     imported from suspect locations recognized by the 
     intelligence community as having--
       (A) experienced agricultural terrorist activities or 
     unusual agricultural disease outbreaks; or
       (B) harbored agroterrorists;
       (2) use the information collected under paragraph (1) to 
     establish inspection priorities;
       (3) not later than 240 days after the date of enactment of 
     this Act, develop a plan to increase the laboratory capacity 
     of the Department and the effectiveness of the Department in 
     detecting the presence of pathogens and disease in 
     agricultural products; and
       (4) not later than 1 year after the date of enactment of 
     this Act, submit to the appropriate committees of Congress a 
     report that provides a description, and an estimate of the 
     costs, of the plan developed under paragraph (3).

     SEC. 106. ON-FARM AND ON-RANCH BIOSECURITY.

       (a) Biosecurity Guidelines.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, in consultation with associations of 
     agricultural producers and taking into consideration the 
     research conducted under subtitle N of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3351 et seq.), the Secretary shall--
       (A) develop guidelines--
       (i) to improve monitoring of vehicles and materials 
     entering or departing farm or ranch operations; and
       (ii) to control human traffic onto farm or ranch 
     operations; and
       (B) disseminate the guidelines to agricultural producers 
     through agricultural educational seminars and biosecurity 
     training sessions.
       (2) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     carry out this subsection--
       (i) $5,000,000 for fiscal year 2003; and
       (ii) such sums as are necessary for each fiscal year 
     thereafter.
       (B) Education program.--Of the amounts made available under 
     subparagraph (A), the Secretary may use such sums as are 
     necessary to establish in each State an education program to 
     distribute the biosecurity guidelines developed under 
     paragraph (1).
       (b) Biosecurity Grant Pilot Program.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Secretary shall develop a pilot 
     program to provide incentives, in the form of grants or low-
     interest loans, in an amount not to exceed $10,000, for 
     agricultural producers to restructure farm and ranch 
     operations (based on the biosecurity guidelines developed 
     under subsection (a)(1)) to--
       (A) control access to farms or ranch property by persons 
     intending to commit an agroterrorist act;
       (B) prevent the introduction and spread of agricultural 
     diseases; and
       (C) take other measures to ensure biosecurity.
       (2) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report that--
       (A) describes the implementation of the program; and
       (B) makes recommendations on expansion of the program.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $5,000,000 for fiscal year 2003; and
       (B) such sums as are necessary for each of fiscal years 
     2004 through 2007.

                 TITLE II--PREPAREDNESS AND MITIGATION

     SEC. 201. INTERAGENCY COORDINATION.

       (a) Agricultural Disease Emergency Management Liaison.--The 
     Director of the Federal Emergency Management Agency shall 
     establish a senior level position to serve, as a primary 
     responsibility, as a liaison for agricultural disease 
     emergency management between--
       (1) the Federal Emergency Management Agency;
       (2) the Department;
       (3) the emergency management community; and
       (4) the affected industries.
       (b) Transportation.--The Secretary of Transportation, in 
     consultation with the Secretary of Agriculture and the 
     Director of the Federal Emergency Management Agency, shall--
       (1) publish in the Federal Register proposed guidelines for 
     restrictions on interstate transportation of an agricultural 
     commodity or product in response to an agricultural disease 
     emergency created by a foreign or emerging disease affecting 
     the agricultural commodity or product;
       (2) provide for a comment period for the proposed 
     guidelines of not less than 90 days;
       (3) establish the final guidelines, taking into 
     consideration any comments received under paragraph (2); and
       (4) provide the guidelines to officers and employees of--
       (A) the Department;
       (B) the Department of Transportation; and
       (C) the Federal Emergency Management Agency.
       (c) Animal Health Care Liaison.--The Secretary of Health 
     and Human Services shall establish within the Department of 
     Health and Human Services a senior level position to serve, 
     as a primary responsibility, as a liaison between the 
     Department of Health and Human Services, the Department of 
     Agriculture, the animal health community, the emergency 
     management community, and industry.
       (d) Regional, State, and County Preparation.--The 
     Administrator, in consultation with the Secretary, shall 
     cooperate with regional, State, and local disaster 
     preparedness officials to include consideration of potential 
     environmental impacts of response activities when planning 
     responses to agricultural disease emergencies.

     SEC. 202. PLANNING.

       (a) Federal Response Plan.--Not later than 180 days after 
     the date of enactment of this Act, the Director of the 
     Federal Emergency Management Agency, in consultation with the 
     Secretary, shall examine, and revise as necessary, the 
     Emergency Support Functions of the Federal Response Plan, to 
     include the economic, environmental, and medical impacts of 
     naturally-occurring agricultural disease outbreaks and 
     agroterrorist acts in emergency response planning activities.
       (b) Local Response Planning.--The Secretary shall cooperate 
     with State agriculture officials, State and local emergency 
     managers, representatives from State land grant colleges, 
     research universities, agricultural producers, and 
     agricultural trade associations to establish local response 
     plans for foreign or emerging agricultural disease 
     emergencies.
       (c) Animal Care.--
       (1) In general.--The Director of the Federal Emergency 
     Management Agency, in consultation with the Secretary, shall 
     establish a program to provide grants to small communities to 
     facilitate the participation of State and local animal health 
     care officials in community emergency planning efforts.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for fiscal year 2003.
       (d) Modeling and Statistical Analyses.--
       (1) In general.--In consultation with the Steering 
     Committee of the National Animal Health Emergency Management 
     Systems and other stakeholders, the Secretary shall conduct a 
     study--
       (A) to determine the best use of epidemiologists, computer 
     modelers, and statisticians as members of the emergency 
     response task forces that handle foreign or emerging 
     agricultural disease emergencies; and
       (B) to identify the types of data that are not collected 
     but that would be necessary for proper modeling and analysis 
     of agricultural disease emergencies.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report 
     that describes the results of the study to--
       (A) the Director of the Federal Emergency Management 
     Agency; and
       (B) the heads of other appropriate governmental agencies 
     involved in agricultural disease emergency response planning.
       (e) Geographic Information System Grants.--
       (1) In general.--The Secretary shall establish a program to 
     provide grants to States to

[[Page S7169]]

     develop capabilities to use geographic information systems 
     and statistical models for epidemiological assessments in the 
     event of agricultural disease emergencies.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $2,500,000 for fiscal year 2003; and
       (B) such sums as are necessary for each fiscal year 
     thereafter.

     SEC. 203. EXERCISES AND TRAINING.

       (a) Best Practices.--The Director of the Federal Emergency 
     Management Agency, in consultation with the Secretary, 
     shall--
       (1) establish a task force, consisting of agricultural 
     producers and State and local emergency response officials, 
     to identify best practices for State regional agricultural 
     disaster exercise programs; and
       (2) distribute to States and localities a report that 
     describes the best practices.
       (b) Exercises.--On the basis of the identified best 
     practices, the Secretary shall design and distribute packages 
     of exercises for training, in the form of printed materials 
     and electronic media, for distribution to State and local 
     emergency managers and State agriculture officials.

     SEC. 204. COMMUNICATION WITH THE PUBLIC.

       (a) Education.--The Secretary, in consultation with 
     agricultural producers and trade associations, shall develop 
     a national education campaign--
       (1) to demonstrate the contribution of agriculture to the 
     well-being of people and economic prosperity of the United 
     States;
       (2) to improve the public image of agriculture in the 
     United States;
       (3) to increase public awareness about the potential for 
     negative economic and social effects that could result from 
     foreign or emerging agricultural diseases; and
       (4) to increase public awareness of the benefits of animal 
     and plant health research for preventing and responding to 
     agroterrorism.
       (b) Outreach.--The Secretary, in consultation with the 
     Director of the Federal Emergency Management Agency and the 
     Secretary of Health and Human Services, shall establish, as 
     part of agroterrorism preparedness efforts, a program to 
     encourage regional emergency management planners to--
       (1) develop cooperative relationships with agricultural 
     producers, trade associations, and local groups that promote 
     plant and animal health issues to explain to the public the 
     nature of potential agroterrorist threats and the reasons why 
     certain response measures need to be taken; and
       (2) prepare information in the form of brochures, 
     pamphlets, literature packets, CD ROMs, or other similar 
     forms, for distribution to the public in the event of a 
     foreign or emerging agricultural disease emergency.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary for fiscal year 
     2004 and each fiscal year thereafter to carry out this 
     section.

     SEC. 205. VACCINE DEVELOPMENT AND DISEASE RESEARCH.

       (a) In General.--In carrying out the foreign or emerging 
     diseases and pests program of the Department, the Secretary 
     shall establish a program to provide grants to colleges and 
     universities to identify and develop--
       (1) rapid diagnostic tests to identify plant and animal 
     diseases;
       (2) improved vaccines for animal diseases;
       (3) new diagnostic techniques to be used in distinguishing 
     between animals that test positive for exposure to an 
     infectious foreign or emerging animal disease as a result of 
     vaccination and those that test positive as a result of 
     having contracted the disease; and
       (4) techniques to disinfect areas where outbreaks of plant 
     or animal diseases occur.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $20,000,000 for fiscal year 2003; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.

     SEC. 206. DIAGNOSTIC AND LABORATORY CAPACITY.

       (a) Research on Disease Diagnostic Kits.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of State, the Administrator of the United States 
     Agency for International Development, and representatives of 
     foreign countries, shall seek collaborative agricultural 
     research opportunities in foreign countries in which foreign 
     or emerging agricultural diseases are endemic, to test the 
     performance of disease diagnostic kits and disinfection 
     techniques that, because of low or no known incidence of 
     those agricultural diseases in the United States, have not 
     been adequately tested.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to expand overseas research collaboration 
     activities of the Department, including research on foreign 
     and emerging plant and animal diseases--
       (A) $25,000,000 for fiscal year 2003; and
       (B) such sums as are necessary for each fiscal year 
     thereafter.
       (b) Animal Disease Diagnostic Laboratories.--The Secretary 
     of Health and Human Services shall include animal disease 
     diagnostic laboratories in the Laboratory Response Network of 
     the Centers for Disease Control and Prevention.
       (c) Clinical Sample Screening.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary and 
     the Secretary of Health and Human Services shall jointly--
       (1) conduct a study to identify means of expanding 
     laboratory capabilities to screen and handle large quantities 
     of veterinary and human clinical samples for foreign or 
     emerging zoonotic agents in the event of an agricultural 
     emergency; and
       (2) submit to the appropriate committees of Congress a 
     report on the results of the study.
       (d) Study on Feasibility of Establishing a National Plant 
     Disease Laboratory.--Not later than 270 days after the date 
     of enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the 
     feasibility of establishing a national plant disease 
     laboratory, based on the model of the Centers for Disease 
     Control and Prevention, with the primary task of--
       (1) integrating and coordinating a nationwide system of 
     independent plant disease diagnostic laboratories, including 
     existing plant clinics maintained by land grant colleges and 
     universities; and
       (2) increasing the capacity, technical infrastructure, and 
     information sharing capabilities of laboratories described in 
     paragraph (1).

                    TITLE III--RESPONSE AND RECOVERY

     SEC. 301. IMPLEMENTATION OF FEDERAL, STATE, AND LOCAL 
                   RESPONSE PLANS.

       (a) Grant Program.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Director of the Federal Emergency Management Agency, 
     shall establish a grant program to facilitate the 
     establishment of regional agricultural emergency response 
     networks.
       (2) Duties.--The regional networks established under 
     paragraph (1) shall serve as the basis for coordination by 
     Federal, State, and local officials and industry 
     representatives in the event of a foreign or emerging 
     agricultural disease emergency.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $50,000,000 for fiscal year 2003; and
       (B) such sums as are necessary for each fiscal year 
     thereafter.
       (b) Review of Legal Authority.--
       (1) In general.--The Attorney General, in consultation with 
     the Secretary, shall conduct a review of State and local laws 
     relating to agroterrorism and biosecurity to determine--
       (A) the extent to which those laws facilitate or impede the 
     implementation of current or proposed response plans with 
     respect to agricultural emergencies;
       (B) whether an injunction issued by a State court could--
       (i) delay the implementation of a Federal response plan; or
       (ii) affect the extent to which an infectious plant or 
     animal disease spreads; and
       (C) the types and extent of legal evidence that may be 
     required by State courts before a response plan may be 
     implemented.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the appropriate committees of Congress a report that 
     describes the results of the review conducted under paragraph 
     (1) (including any recommendations of the Attorney General).
                                 ______
                                 
      By Mr. HAGEL (for himself and Mr. Enzi):
  S. 2788. A bill to provide to agricultural producers emergency 
livestock assistance and assistance for control of grasshoppers and 
Mormon crickets, with offsets; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. HAGEL. Mr. President, 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:

                                S. 2768

       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 ``Emergency Livestock 
     Assistance Act of 2002''.

     SEC. 2. ASSISTANCE FOR LIVESTOCK PRODUCERS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall use the funds, facilities, and authorities of the 
     Commodity Credit Corporation in an amount equal to 
     $620,000,000 to make and administer payments for livestock 
     losses using the criteria established to carry out the 1999 
     Livestock Assistance Program (except for application of the 
     national percentage reduction factor) to producers for 2001 
     and 2002 losses in a county that has received an emergency 
     designation by the President or the Secretary in calendar 
     year 2001 or 2002.
       (b) Prevention of Double Payments.--If a producer is on a 
     farm located in a county that received an emergency 
     designation described in subsection (a) in each of calendar 
     years 2001 and 2002, the producer may receive payments under 
     this section for losses associated with the declaration in 
     either calendar year 2001 or calendar year 2002, but not 
     both.

     SEC. 3. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.

       (a) In General.--The Secretary shall use $14,000,000 of the 
     funds of the Commodity Credit Corporation to control 
     grasshoppers and Mormon crickets on Federal, State, and 
     private land during fiscal years 2002 and 2003,

[[Page S7170]]

     in accordance with section 417 of the Plant Protection Act (7 
     U.S.C. 7717).
       (b) Federal Cost Share of Treatment.--Section 417(d) of the 
     Plant Protection Act (7 U.S.C. 7717(d)) is amended--
       (1) in paragraph (2), by inserting ``(or, in the case of 
     costs incurred during fiscal years 2002 and 2003, 66.67 
     percent)'' after ``50 percent''; and
       (2) in paragraph (3), by inserting ``(or, in the case of 
     costs incurred during fiscal years 2002 and 2003, 66.67 
     percent)'' after ``33.3 percent''.

     SEC. 4. OFFSETS.

       (a) Loan Rates.--Section 1202 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7932) is amended--
       (1) in subsection (a), by striking ``2002 and 2003 Crop 
     Years.--For purposes of the 2002 and 2003 crop years,'' and 
     inserting ``2002 Crop Year.--For purposes of the 2002 crop 
     year,''; and
       (2) in subsection (b), by striking ``2004 Through 2007 crop 
     Years.--For purposes of the 2004 through 2007 crop years,'' 
     and inserting ``2003 Through 2007 Crop Years.--For purposes 
     of the 2003 through 2007 crop years,''.
       (b) Environmental Quality Incentives Program.--
       (1) Allocation of funding.--Section 1240B(g) of the Food 
     Security Act of 1985 (16 U.S.C. 3839aa-2(g)) is amended by 
     striking ``For each of fiscal years 2002 through 2007, 60 
     percent'' and inserting ``For fiscal year 2002 and each of 
     fiscal years 2004 through 2007, 60 percent, and for fiscal 
     year 2003, 100 percent,''.
       (2) Fiscal year 2003 funding.--Section 1241(a)(6)(B) of the 
     Food Security Act of 1985 (16 U.S.C. 3841(a)(6)(B)) is 
     amended by striking ``$700,000,000'' and inserting 
     ``$420,000,000''.
       (c) Desert Terminal Lakes.--
       (1) In general.--Section 2507 of the Farm Security and 
     Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 
     107-171) is repealed.
       (2) Rescission.--Funds transferred under that section (as 
     in effect before the amendment made by paragraph (1)) are 
     rescinded.

     SEC. 5. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this Act and the 
     amendments made by this Act.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this Act and the amendments made by this 
     Act shall be made without regard to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Warner, Mr. Lieberman, Mr. Schumer, 
        Mr. Biden, Mr. Torricelli, Mr. Grassley, Mr. Dayton, Mr. 
        Durbin, and Mrs. Clinton):
  S. 2770. A bill to amend the Federal Law Enforcement Pay Reform Act 
of 1990 to adjust the percentage differentials payable to Federal law 
enforcement officers in certain high-cost areas; to the Committee on 
Governmental Affairs.
  Mr. DODD. Mr. President, I rise today to introduce legislation that 
is important to Federal law enforcement officers and the people they 
protect across America. I am joined today by Senator Warner, Senator 
Lieberman, Senator Schumer, Senator Biden, Senator Torricelli, Senator 
Grassley, Senator Dayton, Senator Durbin, and Senator Clinton.
  The legislation that we are offering will amend the Federal Law 
Enforcement Pay Reform Act of 1990 to ensure that the government treats 
Federal law enforcement officers fairly. This bill will partially 
increase the locality pay adjustments paid to Federal agents in certain 
high cost areas. These areas have pay disparities so high they are 
negatively affecting our Federal law enforcement officers, since 
locality pay adjustments have either not been increased since 1990, or 
have been increased negligibly.
  All over America, Federal law enforcement personnel are enduring 
tremendous stress associated with our Nation's effort to protect 
citizens from the threat of terrorism. Unfortunately, that stress has 
been compounded by ongoing pressing concerns among many such personnel 
about their pay. I have heard from officers who have described long 
commutes, high personal debts, and in some cases, almost all-consuming 
concerns about financial insecurity. Many of these problems occur when 
agents or officers are transferred from low-cost parts of the country 
to high-cost areas. I have been told that some federal officers are 
forced to separate from their families and rent rooms in the cities to 
which they have been transferred because they cannot afford to rent or 
buy homes large enough for a family.
  An agent in the San Francisco area recently wrote to me to explain 
how hard it is to live on the wages currently paid to federal officers 
in that area. This agent, a military veteran who continues to serve the 
public, wrote: ``I have been with the federal government for 15 years 
now and never thought that I would be forced to live in a trailer 
park.'' This agent further explained that she and her husband, who is 
still in the military, cannot afford to buy even a small condominium on 
their government salaries. They can only barely afford to pay the 
mortgage on the trailer they purchased for $255,000.
  Unfortunately, the raise in the cost of living in many cities across 
America has outstripped our Federal pay system. I recognize that this 
is a problem for other Federal employees and I am prepared to work with 
my colleagues to address this larger issue. The cost of living has also 
had a very negative impact on non-federal employees as well and I have 
consistently worked to ensure that all working Americans enjoy a truly 
livable wage. The legislation that we are introducing today in no way 
suggests that the needs of other workers should be ignored, but it 
acknowledges that as we continue to ask federal law enforcement 
personnel to put in long hours and remain on heightened alert, we must 
provide them with a salary sufficient to allow them to focus on their 
vital work without nagging worries about how to provide their families 
with the essentials of food, clothing, and shelter.
  The Federal Law Enforcement Officers Association, representing more 
than 19,000 Federal agents, along with the Fraternal Order of Police, 
National Association of Police Organizations, National Troopers 
Coalition, National Organization of Black Law Enforcement Executives, 
International Brotherhood of Police Organization, and the Police 
Executive Research Forum have endorsed this legislative proposal. The 
proposed legislation will increase the pay of federal law enforcement 
personnel in the following metropolitan areas by the following 
percentages:

                                                             Percentage
San Francisco--Oakland--San Jose..................................14.02
San Diego, CA......................................................9.58
Houston--Galveston--Brazoria......................................12.94
Miami--Ft. Lauderdale..............................................9.34
LA--Riverside--Orange Cty.........................................11.14
Cincinnati--NO KY--IN..............................................8.76
NYC--NO NJ--SO CT.................................................10.44
Seattle--Tacoma--Bremerton.........................................8.90
Chicago--Gary--Kenosha............................................10.76
Philadelphia--Wilmington--SO NJ....................................9.03
Detroit--Ann Arbor--Flint.........................................10.57
Portland--Salem....................................................9.26
Hartford, CT.......................................................9.67
Minneapolis--St. Paul..............................................8.65
Boston (MA-NJ-ME-CT-RI)............................................8.43
Sacramento--Yolo...................................................8.42
Denver--Boulder--Greeley...........................................9.74
Washington--Baltimore..............................................8.53

  In these difficult time we must remain committed to recruiting, 
hiring, and retaining law enforcement officers of the highest caliber. 
However, we must also recognize that the federal government is in 
competition with State and local police departments that often pay more 
and provide better standards of living.
  I urge all of my colleagues to join us in this effort. I hope that we 
can quickly pass this important legislation because it will improve the 
lives of the men and women who are dedicated to protecting and in so 
doing it will improve the nation's domestic security.
                                 ______
                                 
      By Mr. JEFFORDS:
  S. 2771. A bill to amend the John F. Kennedy Center Act to authorize 
the Secretary of Transportation to carry out a project for construction 
of a plaza adjacent to the John F. Kennedy Center for the Performing 
Arts, and for other purposes; to the Committee on Environment and 
Public Works.
  Mr. JEFFORDS. Mr. President, 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 S7171]]

                                S. 2771

       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 ``John F. Kennedy Center Plaza 
     Authorization Act of 2002''.

     SEC. 2. JOHN F. KENNEDY CENTER PLAZA.

       The John F. Kennedy Center Act (20 U.S.C. 76h et seq.) is 
     amended--
       (1) by redesignating sections 12 and 13 as sections 13 and 
     14, respectively; and
       (2) by inserting after section 11 the following:

     ``SEC. 12. JOHN F. KENNEDY CENTER PLAZA.

       ``(a) Definitions.--In this section:
       ``(1) Air right.--The term `air right' means a real 
     property interest conveyed by deed, lease, or permit for the 
     use of space between streets and alleys within the boundaries 
     of the Project.
       ``(2) Center.--The term `Center' means the John F. Kennedy 
     Center for the Performing Arts.
       ``(3) Green space.--The term `green space' means an area 
     within the boundaries of the Project or affected by the 
     Project that is covered by grass, trees, or other vegetation.
       ``(4) Plaza.--The term `Plaza' means improvements to the 
     area surrounding the John F. Kennedy Center building that 
     are--
       ``(A) carried out under the Project; and
       ``(B) comprised of--
       ``(i) transportation elements (including roadways, 
     sidewalks, and bicycle lanes); and
       ``(ii) nontransportation elements (including landscaping, 
     green space, open public space, and water, sewer, and utility 
     connections).
       ``(5) Project.--
       ``(A) In general.--The term `Project' means the Plaza 
     project, as described in the TEA-21 report, providing for--
       ``(i) construction of the Plaza; and
       ``(ii) improved bicycle, pedestrian, and vehicular access 
     to and around the Center.
       ``(B) Inclusions.--The term `Project'--
       ``(i) includes--

       ``(I) planning, design, engineering, and construction of 
     the Plaza;
       ``(II) buildings to be constructed on the Plaza; and
       ``(III) related transportation improvements; and

       ``(ii) may include any other element of the Project 
     identified in the TEA-21 report.
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(7) TEA-21 report.--The term `TEA-21 report' means the 
     report of the Secretary submitted to Congress under section 
     1214 of the Transportation Equity Act for the 21st Century 
     (20 U.S.C. 76j note; 112 Stat. 204).
       ``(b) Responsibilities of the Secretary.--
       ``(1) In general.--The Secretary shall be responsible for 
     the Project and may carry out such activities as are 
     necessary to construct the Project, other than buildings to 
     be constructed on the Plaza, substantially as described in 
     the TEA-21 report.
       ``(2) Planning, design, engineering, and construction.--The 
     Secretary shall be responsible for the planning, design, 
     engineering, and construction of the Project, other than 
     buildings to be constructed on the Plaza.
       ``(3) Agreements with the board and other agencies.--The 
     Secretary shall enter into memoranda of agreement with the 
     Board and any appropriate Federal or other governmental 
     agency to facilitate the planning, design, engineering, and 
     construction of the Project.
       ``(4) Consultation with the board.--The Secretary shall 
     consult with the Board to maximize efficiencies in planning 
     and executing the Project, including the construction of any 
     buildings on the Plaza.
       ``(5) Contracts.--Subject to the approval of the Board, the 
     Secretary may enter into contracts on behalf of the Center 
     relating to the planning, design, engineering, and 
     construction of the Project.
       ``(c) Responsibilities of the Board.--
       ``(1) In general.--The Board may carry out such activities 
     as are necessary to construct buildings on the Plaza for the 
     Project.
       ``(2) Receipt of transfers of air rights.--The Board may 
     receive from the District of Columbia such transfers of air 
     rights as are necessary for the planning, design, 
     engineering, and construction of the Project.
       ``(3) Construction of buildings.--The Board--
       ``(A) may construct, with nonappropriated funds, buildings 
     on the Plaza for the Project; and
       ``(B) shall be responsible for the planning, design, 
     engineering, and construction of the buildings.
       ``(4) Acknowledgment of contributions.--
       ``(A) In general.--The Board may acknowledge private 
     contributions used in the construction of buildings on the 
     Plaza for the Project in the interior of the buildings, but 
     may not acknowledge private contributions on the exterior of 
     the buildings.
       ``(B) Applicability of other requirements.--Any 
     acknowledgement of private contributions under this paragraph 
     shall be consistent with the requirements of section 4(b).
       ``(d) Responsibilities of the District of Columbia.--
       ``(1) Modification of highway system.--Notwithstanding any 
     State or local law, the Mayor of the District of Columbia, in 
     consultation with the National Capital Planning Commission 
     and the Secretary, shall have exclusive authority, as 
     necessary to meet the requirements and needs of the Project, 
     to amend or modify the permanent system of highways of the 
     District of Columbia.
       ``(2) Conveyances.--
       ``(A) Authority.--Notwithstanding any State or local law, 
     the Mayor of the District of Columbia shall have exclusive 
     authority, as necessary to meet the requirements and needs of 
     the Project, to convey or dispose of any interests in real 
     estate (including air rights and air space (as that term is 
     defined by District of Columbia law)) owned or controlled by 
     the District of Columbia.
       ``(B) Conveyance to the board.--Not later than 90 days 
     after the date of receipt of notification from the Secretary 
     of the requirements and needs of the Project, the Mayor of 
     the District of Columbia shall convey or dispose of to the 
     Board, without compensation, interests in real estate 
     described in subparagraph (A).
       ``(3) Agreements with the board.--The Mayor of the District 
     of Columbia shall have the authority to enter into memoranda 
     of agreement with the Board and any Federal or other 
     governmental agency to facilitate the planning, design, 
     engineering, and construction of the Project.
       ``(e) Ownership.--
       ``(1) Roadways and sidewalks.--Upon completion of the 
     Project, responsibility for maintenance and oversight of 
     roadways and sidewalks modified or improved for the Project 
     shall remain with the owner of the affected roadways and 
     sidewalks.
       ``(2) Maintenance of green spaces.--Subject to paragraph 
     (3), upon completion of the Project, responsibility for 
     maintenance and oversight of any green spaces modified or 
     improved for the Project shall remain with the owner of the 
     affected green spaces.
       ``(3) Buildings and green spaces on the plaza.--Upon 
     completion of the Project, the Board shall own, operate, and 
     maintain the buildings and green spaces established on the 
     Plaza for the Project.
       ``(f) National Highway Boundaries.--
       ``(1) Realignment of boundaries.--The Secretary may realign 
     national highways related to proposed changes to the North 
     and South Interchanges and the E Street approach recommended 
     in the TEA-21 report in order to facilitate the flow of 
     traffic in the vicinity of the Center.
       ``(2) Access to center from i-66.--The Secretary may 
     improve direct access and egress between Interstate Route 66 
     and the Center, including the garages of the Center.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       Section 13 of the John F. Kennedy Center Act (as 
     redesignated by section 2) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) John F. Kennedy Center Plaza.--There is authorized to 
     be appropriated to the Secretary of Transportation for 
     capital costs incurred in the planning, design, engineering, 
     and construction of the project authorized by section 12 
     (including roadway improvements related to the North and 
     South Interchanges and construction of the John F. Kennedy 
     Center Plaza, but not including construction of any buildings 
     on the plaza) $400,000,000 for the period of fiscal years 
     2003 through 2010, to remain available until expended.''.

     SEC. 4. CONFORMING AMENDMENTS.

       (a) Selection of Contractors.--Section 4(a)(2) of the John 
     F. Kennedy Center Act (20 U.S.C 76j(a)(2)) is amended by 
     striking subparagraph (D) and inserting the following:
       ``(D) Selection of contractors.--In carrying out the duties 
     of the Board under this Act, the Board may--
       ``(i) negotiate, with selected contractors, any contract--

       ``(I) for planning, design, engineering, or construction of 
     buildings to be erected on the John F. Kennedy Center Plaza 
     under section 12 and for landscaping and other improvements 
     to the Plaza; or
       ``(II) for an environmental system for, a protection system 
     for, or a repair to, maintenance of, or restoration of the 
     John F. Kennedy Center for the Performing Arts; and

       ``(ii) award the contract on the basis of contractor 
     qualifications as well as price.''.
       (b) Administration.--Section 6(d) of the John F. Kennedy 
     Center Act (20 U.S.C. 76l(d)) is amended in the first 
     sentence by striking ``section 12'' and inserting ``section 
     14''.
       (c) Definitions.--Section 14 of the John F. Kennedy Center 
     Act (as redesignated by section 2) is amended by adding at 
     the end the following: ``Upon completion of the project for 
     establishment of the John F. Kennedy Center Plaza authorized 
     by section 12, the Board, in consultation with the Secretary 
     of Transportation, shall amend the map that is on file and 
     available for public inspection under the preceding 
     sentence.''.

                          ____________________