[Congressional Record Volume 148, Number 128 (Thursday, October 3, 2002)]
[Senate]
[Pages S9913-S9914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4852. Mr. GREGG (for himself, Mr. Hollings, Mr. Shelby, Mr. 
Harkin, Mr. Stevens, Mr. Inouye, Mr. Cochran, Mr. Helms, Mr. Johnson, 
Mr. Sessions, Mr. Bingaman, Mr. Grassley, Ms. Landrieu, Mrs. Feinstein, 
Mr. Allen, Mr. Domenici, Mrs. Hutchison, Mr. Kohl, Mr. Burns, Mr. Reed, 
Mr. Biden, Mrs. Lincoln, Mr. Feingold, Mr. Thurmond, Mr. Enzi, Mr. 
Breaux, Mr. McConnell, Mr. Craig, Mr. Cleland, Mr. Bennett, Mr. 
Torricelli, Mr. Daschle, Mr. Leahy, Mr. Wyden, Mr. Campbell, Mr. Nelson 
of Florida, Mr. Wellstone, and Mr. Schumer) submitted an amendment 
intended to be proposed by him to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 507. OFFICE FOR DOMESTIC PREPAREDNESS.

       (a) Establishment.--There is established within the 
     Directorate of Emergency Preparedness and Response the Office 
     for Domestic Preparedness.
       (b) Director.--There shall be a Director of the Office for 
     Domestic Preparedness, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director of the Office for Domestic Preparedness shall 
     report directly to the Under Secretary for Emergency 
     Preparedness and Response.
       (c) Responsibilities.--The Office for Domestic Preparedness 
     shall have the primary responsibility within the executive 
     branch of Government for the preparedness of the United 
     States for acts of terrorism, including--
       (1) coordinating preparedness efforts at the Federal level, 
     and working with all State, local, tribal, parish, and 
     private sector emergency response providers on all matters 
     pertaining to combating terrorism, including training, 
     exercises, and equipment support;
       (2) in keeping with intelligence estimates, working to 
     ensure adequate strategic and operational planning, 
     equipment, training, and exercise activities at all levels of 
     government;
       (3) coordinating or, as appropriate, consolidating 
     communications and systems of communications relating to 
     homeland security at all levels of government;
       (4) directing and supervising terrorism preparedness grant 
     programs of the Federal Government for all emergency response 
     providers;
       (5) incorporating the Strategy priorities into planning 
     guidance on an agency level for the preparedness efforts of 
     the Office for Domestic Preparedness;
       (6) providing agency-specific training for agents and 
     analysts within the Department, other agencies, and State and 
     local agencies and international entities;
       (7) as the lead executive branch agency for preparedness of 
     the United States for acts of terrorism, cooperating closely 
     with the Federal Emergency Management Agency, which shall 
     have the primary responsibility within the executive branch 
     to prepare for and mitigate the effects of nonterrorist-
     related disasters in the United States;
       (8) assisting and supporting the Secretary, in coordination 
     with other Directorates and entities outside the Department, 
     in conducting appropriate risk analysis and risk management 
     activities consistent with the mission and functions of the 
     Directorate; and
       (9) those elements of the Office of National Preparedness 
     of the Federal Emergency Management Agency which relate to 
     terrorism, which shall be consolidated within the Department 
     in the Office for Domestic Preparedness established under 
     this section.
       (d) Fiscal Years 2003 and 2004.--During fiscal year 2003 
     and fiscal year 2004, the Director of the Office for Domestic 
     Preparedness established under this section shall manage and 
     carry out those functions of the Office for Domestic 
     Preparedness of the Department of Justice (transferred under 
     this section) before September 11, 2001, under the same 
     terms, conditions, policies, and authorities, and with the 
     required level of personnel, assets, and budget before 
     September 11, 2001.
       (e) Report.--Not later than the submission of the fiscal 
     year 2005 budget request, the Secretary shall submit to 
     Congress a detailed report containing a comprehensive, 
     independent analysis, and recommendations addressing whether 
     there should be a single office within the Department 
     responsible for the domestic preparedness of the United 
     States for all hazards, including terrorism and natural 
     disasters. The analysis shall include an examination of the 
     advantages, disadvantages, costs, and benefits of creating a 
     single office for all hazards preparedness within the 
     Department.
                                 ______
                                 
  SA 4853. Mr. GREGG (for himself, Mr. Hollings, Mr. Shelby, Mr. 
Harkin, Mr. Stevens, Mr. Inouye, Mr. Cochran, Mr. Helms, Mr. Johnson, 
Mr. Sessions, Mr. Bingaman, Mr. Grassley, Ms. Landrieu, Mrs. Feinstein, 
Mr. Allen, Mr. Domenici, Mrs. Hutchison, Mr. Kohl, Mr. Burns, Mr. Reed, 
Mr. Biden, Mrs. Lincoln, Mr. Feingold, Mr. Thurmond, Mr. Enzi, Mr. 
Breaux, Mr. McConnell, Mr. Craig, Mr. Cleland, Mr. Bennett, Mr. 
Torricelli, Mr. Daschle, Mr. Leahy, Mr. Wyden, Mr. Campbell, Mr. Nelson 
of Florida, Mr. Wellstone, and Mr. Schumer) submitted an amendment 
intended to be proposed by him to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     SEC. 507. OFFICE FOR DOMESTIC PREPAREDNESS.

       (a) Establishment.--There is established within the 
     Directorate of Emergency Preparedness and Response the Office 
     for Domestic Preparedness.
       (b) Director.--There shall be a Director of the Office for 
     Domestic Preparedness, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director of the Office for Domestic Preparedness shall 
     report directly to the Under Secretary for Emergency 
     Preparedness and Response.
       (c) Responsibilities.--The Office for Domestic Preparedness 
     shall have the primary responsibility within the executive 
     branch of Government for the preparedness of the United 
     States for acts of terrorism, including--
       (1) coordinating preparedness efforts at the Federal level, 
     and working with all State, local, tribal, parish, and 
     private sector emergency response providers on all matters 
     pertaining to combating terrorism, including training, 
     exercises, and equipment support;
       (2) in keeping with intelligence estimates, working to 
     ensure adequate strategic and

[[Page S9914]]

     operational planning, equipment, training, and exercise 
     activities at all levels of government;
       (3) coordinating or, as appropriate, consolidating 
     communications and systems of communications relating to 
     homeland security at all levels of government;
       (4) directing and supervising terrorism preparedness grant 
     programs of the Federal Government for all emergency response 
     providers;
       (5) incorporating the Strategy priorities into planning 
     guidance on an agency level for the preparedness efforts of 
     the Office for Domestic Preparedness;
       (6) providing agency-specific training for agents and 
     analysts within the Department, other agencies, and State and 
     local agencies and international entities;
       (7) as the lead executive branch agency for preparedness of 
     the United States for acts of terrorism, cooperating closely 
     with the Federal Emergency Management Agency, which shall 
     have the primary responsibility within the executive branch 
     to prepare for and mitigate the effects of nonterrorist-
     related disasters in the United States;
       (8) assisting and supporting the Secretary, in coordination 
     with other Directorates and entities outside the Department, 
     in conducting appropriate risk analysis and risk management 
     activities consistent with the mission and functions of the 
     Directorate; and
       (9) those elements of the Office of National Preparedness 
     of the Federal Emergency Management Agency which relate to 
     terrorism, which shall be consolidated within the Department 
     in the Office for Domestic Preparedness established under 
     this section.
       (d) Fiscal Years 2003 and 2004.--During fiscal year 2003 
     and fiscal year 2004, the Director of the Office for Domestic 
     Preparedness established under this section shall manage and 
     carry out those functions of the Office for Domestic 
     Preparedness of the Department of Justice (transferred under 
     this section) before September 11, 2001, under the same 
     terms, conditions, policies, and authorities, and with the 
     required level of personnel, assets, and budget before 
     September 11, 2001.
       (e) Report.--Not later than the submission of the fiscal 
     year 2005 budget request, the Secretary shall submit to 
     Congress a detailed report containing a comprehensive, 
     independent analysis, and recommendations addressing whether 
     there should be a single office within the Department 
     responsible for the domestic preparedness of the United 
     States for all hazards, including terrorism and natural 
     disasters. The analysis shall include an examination of the 
     advantages, disadvantages, costs, and benefits of creating a 
     single office for all hazards preparedness within the 
     Department.
                                 ______
                                 
  SA 4854. Mr. GREGG (for himself, Mr. Hollings, Mr. Shelby, Mr. 
Harkin, Mr. Stevens, Mr. Inouye, Mr. Cochran, Mr. Helms, Mr. Johnson, 
Mr. Sessions, Mr. Bingaman, Mr. Grassley, Ms. Landrieu, Mrs. Feinstein, 
Mr. Allen, Mr. Domenici, Mrs. Hutchison, Mr. Kohl, Mr. Burns, Mr. Reed, 
Mr. Biden, Mrs. Lincoln, Mr. Feingold, Mr. Thurmond, Mr. Enzi, Mr. 
Breaux, Mr. McConnell, Mr. Craig, Mr. Cleland, Mr. Bennett, Mr. 
Torricelli, Mr. Daschle, Mr. Leahy, Mr. Wyden, Mr. Campbell, Mr. Nelson 
of Florida, Mr. Wellstone, and Mr. Schumer) submitted an amendment 
intended to be proposed by him to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 507. OFFICE FOR DOMESTIC PREPAREDNESS.

       (a) Establishment.--There is established within the 
     Directorate of Emergency Preparedness and Response the Office 
     for Domestic Preparedness.
       (b) Director.--There shall be a Director of the Office for 
     Domestic Preparedness, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director of the Office for Domestic Preparedness shall 
     report directly to the Under Secretary for Emergency 
     Preparedness and Response.
       (c) Responsibilities.--The Office for Domestic Preparedness 
     shall have the primary responsibility within the executive 
     branch of Government for the preparedness of the United 
     States for acts of terrorism, including--
       (1) coordinating preparedness efforts at the Federal level, 
     and working with all State, local, tribal, parish, and 
     private sector emergency response providers on all matters 
     pertaining to combating terrorism, including training, 
     exercises, and equipment support;
       (2) in keeping with intelligence estimates, working to 
     ensure adequate strategic and operational planning, 
     equipment, training, and exercise activities at all levels of 
     government;
       (3) coordinating or, as appropriate, consolidating 
     communications and systems of communications relating to 
     homeland security at all levels of government;
       (4) directing and supervising terrorism preparedness grant 
     programs of the Federal Government for all emergency response 
     providers;
       (5) incorporating the Strategy priorities into planning 
     guidance on an agency level for the preparedness efforts of 
     the Office for Domestic Preparedness;
       (6) providing agency-specific training for agents and 
     analysts within the Department, other agencies, and State and 
     local agencies and international entities;
       (7) as the lead executive branch agency for preparedness of 
     the United States for acts of terrorism, cooperating closely 
     with the Federal Emergency Management Agency, which shall 
     have the primary responsibility within the executive branch 
     to prepare for and mitigate the effects of nonterrorist-
     related disasters in the United States;
       (8) assisting and supporting the Secretary, in coordination 
     with other Directorates and entities outside the Department, 
     in conducting appropriate risk analysis and risk management 
     activities consistent with the mission and functions of the 
     Directorate; and
       (9) those elements of the Office of National Preparedness 
     of the Federal Emergency Management Agency which relate to 
     terrorism, which shall be consolidated within the Department 
     in the Office for Domestic Preparedness established under 
     this section.
       (d) Fiscal Years 2003 and 2004.--During fiscal year 2003 
     and fiscal year 2004, the Director of the Office for Domestic 
     Preparedness established under this section shall manage and 
     carry out those functions of the Office for Domestic 
     Preparedness of the Department of Justice (transferred under 
     this section) before September 11, 2001, under the same 
     terms, conditions, policies, and authorities, and with the 
     required level of personnel, assets, and budget before 
     September 11, 2001.
       (e) Report.--Not later than the submission of the fiscal 
     year 2005 budget request, the Secretary shall submit to 
     Congress a detailed report containing a comprehensive, 
     independent analysis, and recommendations addressing whether 
     there should be a single office within the Department 
     responsible for the domestic preparedness of the United 
     States for all hazards, including terrorism and natural 
     disasters. The analysis shall include an examination of the 
     advantages, disadvantages, costs, and benefits of creating a 
     single office for all hazards preparedness within the 
     Department.
                                 ______
                                 
  SA 4855. Mr. REID (for Mr. McCain (for himself and Mr. Baucus)) 
proposed an amendment to the bill H.R. 5063, An Act to amend the 
Internal Revenue Code of 1986 to improve tax equity for military 
personnel, and for other purposes; as follows:
       On page 9, strike lines 9 through 12, and insert the 
     following:
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendment made by this section 
     shall take effect as if included in the amendments made by 
     section 312 of the Taxpayer Relief Act of 1997.
       (2) Waiver of limitations.--If refund or credit of any 
     overpayment of tax resulting from the amendment made by this 
     section is prevented at any time before the close of the 1-
     year period beginning on the date of the enactment of this 
     Act by the operation of any law or rule of law (including res 
     judicata), such refund or credit may nevertheless be made or 
     allowed if claim therefor is filed before the close of such 
     period.

       On page 46, after line 14, add the following:

     SEC. 203. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT 
                   AGREEMENTS.

       (a) In General.--
       (1) Section 6159(a) (relating to authorization of 
     agreements) is amended--
       (A) by striking ``satisfy liability for payment of'' and 
     inserting ``make payment on'', and
       (B) by inserting ``full or partial'' after ``facilitate''.
       (2) Section 6159(c) (relating to Secretary required to 
     enter into installment agreements in certain cases) is 
     amended in the matter preceding paragraph (1) by inserting 
     ``full'' before ``payment''.
       (b) Requirement To Review Partial Payment Agreements Every 
     Two Years.--Section 6159 is amended by redesignating 
     subsections (d) and (e) as subsections (e) and (f), 
     respectively, and inserting after subsection (c) the 
     following new subsection:
       ``(d) Secretary Required To Review Installment Agreements 
     for Partial Collection Every Two Years.--In the case of an 
     agreement entered into by the Secretary under subsection (a) 
     for partial collection of a tax liability, the Secretary 
     shall review the agreement at least once every 2 years.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to agreements entered into on or after the date 
     of the enactment of this Act.

                          ____________________