[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Senate]
[Pages S11088-S11137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4906. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 4902 proposed by Mr. Lieberman (for himself, Mr. McCain, 
and Mr. Nelson of Nebraska) to the amendment SA 4901 proposed by Mr. 
Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. 
Barkley, and Mr. Voinovich)) to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. INTEROPERABILITY OF INFORMATION SYSTEMS.

       (a) Definition.--In this section, the term ``enterprise 
     architecture''--
       (1) means--
       (A) a strategic information asset base, which defines the 
     mission;
       (B) the information necessary to perform the mission;
       (C) the technologies necessary to perform the mission; and
       (D) the transitional processes for implementing new 
     technologies in response to changing mission needs; and
       (2) includes--
       (A) a baseline architecture;
       (B) a target architecture; and
       (C) a sequencing plan.
       (b) Responsibilities of the Secretary.--The Secretary 
     shall--
       (1) endeavor to make the information technology systems of 
     the Department, including communications systems, effective, 
     efficient, secure, and appropriately interoperable;
       (2) in furtherance of paragraph (1), oversee and ensure the 
     development and implementation of an enterprise architecture 
     for Department-wide information technology, with timetables 
     for implementation;
       (3) as the Secretary considers necessary, to oversee and 
     ensure the development and implementation of updated versions 
     of the enterprise architecture under paragraph (2); and
       (4) report to Congress on the development and 
     implementation of the enterprise architecture under paragraph 
     (2) in--
       (A) each implementation progress report required under this 
     Act; and
       (B) each biennial report required under this Act.
       (c) Responsibilities of the Director of the Office of 
     Management and Budget.--
       (1) In general.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall develop--
       (A) a comprehensive enterprise architecture for information 
     systems, including communications systems, to achieve 
     interoperability between and among information systems of 
     agencies with responsibility for homeland security; and
       (B) a plan to achieve interoperability between and among 
     information systems, including communications systems, of 
     agencies with responsibility for homeland security and those 
     of State and local agencies with responsibility for homeland 
     security.
       (2) Timetables.--The Director of the Office of Management 
     and Budget, in consultation with the Secretary and affected 
     entities, shall establish timetables for development and 
     implementation of the enterprise architecture and plan under 
     paragraph (1).
       (3) Implementation.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary and 
     acting under the responsibilities of the Director under law 
     (including the Clinger-Cohen Act of 1996), shall--
       (A) ensure the implementation of the enterprise 
     architecture developed under paragraph (1)(A); and
       (B) coordinate, oversee, and evaluate the management and 
     acquisition of information technology by agencies with 
     responsibility for homeland security to ensure 
     interoperability consistent with the enterprise architecture 
     developed under subsection (1)(A).
       (4) Updated versions.--The Director of the Office of 
     Management and Budget, in consultation with the Secretary, 
     shall oversee and ensure the development of updated versions 
     of the enterprise architecture and plan developed under 
     paragraph (1), as necessary.
       (5) Report.--The Director of the Office of Management and 
     Budget, in consultation with the Secretary, shall annually 
     report to Congress on the development and implementation of 
     the enterprise architecture and plan under paragraph (1).
       (6) Consultation.--The Director of the Office of Management 
     and Budget shall consult with information systems management 
     experts in the public and private sectors, in the development 
     and implementation of the enterprise architecture and plan 
     under paragraph (1).
       (7) Principal officer.--The Director of the Office of 
     Management and Budget shall designate, with the approval of 
     the President, a principal officer in the Office of 
     Management and Budget, whose primary responsibility shall be 
     to carry out the duties of the Director under this 
     subsection.
       (d) Agency Cooperation.--The head of each agency with 
     responsibility for homeland security shall fully cooperate 
     with the Director of the Office of Management and Budget in 
     the development of a comprehensive enterprise architecture 
     for information systems and in the management and acquisition 
     of information technology consistent with the comprehensive 
     enterprise architecture developed under subsection (c).
       (e) Content.--The enterprise architecture developed under 
     subsection (c), and the information systems managed and 
     acquired under the enterprise architecture, shall possess the 
     characteristics of--
       (1) rapid deployment;
       (2) a highly secure environment, providing data access only 
     to authorized users; and
       (3) the capability for continuous system upgrades to 
     benefit from advances in technology while preserving the 
     integrity of stored data.
                                 ______
                                 
  SA 4907. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 28, line 13, insert ``and in accordance with an 
     information systems interoperability architecture or other 
     requirements developed by the Office of Management and 
     Budget,'' after ``Department,''.
                                 ______
                                 
  SA 4908. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for

[[Page S11089]]

other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

       SEC.  . REQUIREMENT TO BUY CERTAIN ARTICLES FROM AMERICAN 
                   SOURCES.

       (a) Requirement.--Except as provided in subsections (c) 
     through (g), funds appropriated or otherwise available to the 
     Department of Homeland Security may not be used for the 
     procurement of an item described in subsection (b) if the 
     item is not grown, reprocessed, reused, or produced in the 
     United States.
       (b) Covered Items.--An item referred to in subsection (a) 
     is any of the following:
       (1) An article or item of--
       (A) food;
       (B) clothing;
       (C) tents, tarpaulins, or covers;
       (D) cotton and other natural fiber products, woven silk or 
     woven silk blends, spun silk yarn for cartridge cloth, 
     synthetic fabric or coated synthetic fabric (including all 
     textile fibers and yarns that are for use in such fabrics), 
     canvas products, or wool (whether in the form of fiber or 
     yarn or contained in fabrics, materials, or manufactured 
     articles); or
       (E) any item of individual equipment manufactured from or 
     containing such fibers, yarns, fabrics, or materials.
       (2) Specialty metals, including stainless steel flatware.
       (3) Hand or measuring tools.
       (c) Availability Exception.--Subsection (a) does not apply 
     to the extent that the Secretary of Homeland Security 
     determines that satisfactory quality and sufficient quantity 
     of any such article or item described in subsection (b)(1) or 
     specialty metals (including stainless steel flatware) grown, 
     reprocessed, reused, or produced in the United States cannot 
     be procured as and when needed at United States market 
     prices.
       (d) Exception for Certain Procurements Outside the United 
     States.--Subsection (a) does not apply to the following:
       (1) Procurements outside the United States in support of 
     combat operations.
       (2) Procurements by vessels in foreign waters.
       (3) Emergency procurements or procurements of perishable 
     foods by an establishment located outside the United States 
     for the personnel attached to such establishment.
       (e) Exception for Specialty Metals and Chemical Warfare 
     Protective Clothing.--Subsection (a) does not preclude the 
     procurement of specialty metals or chemical warfare 
     protective clothing produced outside the United States if--
       (1) such procurement is necessary--
       (A) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       (B) in furtherance of agreements with foreign governments 
     in which both such governments agree to remove barriers to 
     purchases of supplies produced in the other country or 
     services performed by sources of the other country; and
       (2) any such agreement with a foreign government complies, 
     where applicable, with the requirements of section 36 of the 
     Arms Export Control Act (22 U.S.C. 2776) and with section 
     2457 of title 10, United States Code.
       (f) Exception for Certain Foods.--Subsection (a) does not 
     preclude the procurement of foods manufactured or processed 
     in the United States.
       (g) Exception for Small Purchases.--Subsection (a) does not 
     apply to purchases for amounts not greater than the 
     simplified acquisition threshold (as defined in section 4(11) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(11))).
       (h) Applicability to Contracts and Subcontracts for 
     Procurement of Commercial Items.--This section is applicable 
     to contracts and subcontracts for the procurement of 
     commercial items notwithstanding section 34 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 430).
       (i) Geographic Coverage.--In this section, the term 
     ``United States'' includes the possessions of the United 
     States.
                                 ______
                                 
  SA 4909. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 260, line 1, strike all through line 23 and insert 
     the following:
       (c) Coordination Rule.--No other provision of this Act or 
     of any amendment made by this Act may be construed or applied 
     in a manner so as to limit, supersede, or otherwise affect 
     the provisions of this section, except to the extent that it 
     does so by specific reference to this section.
                                 ______
                                 
  SA 4910. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 90, line 5, strike all through page 91, line 10.
                                 ______
                                 
  SA 4911. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                  TITLE XVIII--NONEFFECTIVE PROVISIONS

     SEC. 1801. NONEFFECTIVE PROVISIONS.

       (a) In General.--Notwithstanding any other provision of 
     this Act, (including any effective date provision of this 
     Act) the following provisions of this Act shall not take 
     effect:
       (1) Section 308(b)(2)(B) (i) through (xiv).
       (2) Section 311(i).
       (3) Subtitle G of title VIII.
       (4) Section 871.
       (5) Section 890.
       (6) Section 1707.
       (7) Sections 1714, 1715, 1716, and 1717.
       (b) Application of Federal Advisory Committee Act.--
     Notwithstanding paragraph (2) of subsection (b) of section 
     232, any advisory group described under that paragraph shall 
     not be exempt from the provisions of the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       (c) Waiver.--Notwithstanding section 835(d), the Secretary 
     shall waive subsection (a) of that section, only if the 
     Secretary determines that the waiver is required in the 
     interest of homeland security.
                                 ______
                                 
  SA 4912. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 244, line 14, beginning with the comma strike all 
     through ``occur'' on line 16.
                                 ______
                                 
  SA 4913. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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; and 
follows:

       On page 302, line 21, strike all through page 303, line 19.
                                 ______
                                 
  SA 4914. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proosed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was orderd to lie on the table; as 
follows:

       On page 280, line 8, strike all through page 281, line 8.
                                 ______
                                 
  SA 4915. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 268, line 19, strike all through page 280, line 5.
                                 ______
                                 
  SA 4916. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 477, line 11, strike all through line 16.
                                 ______
                                 
  SA 4917. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 103, line 12, strike all through line 14.

[[Page S11090]]

                                 ______
                                 
  SA 4918. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 482, line 22, strike all through page 484, line 12.
                                 ______
                                 
  SA 4919. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm) for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 60, line 8, strike all through ``(5 U.S.C. App.))'' 
     on line 9.
                                 ______
                                 
  SA 4920. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 29, strike line 13 and insert the following:
       (19) On behalf of the Secretary, subject to disapproval by 
     the President, to direct the agencies described under 
     subsection (f)(2) to provide intelligence information, 
     analyses of intelligence information, and such other 
     intelligence-related information as the Assistant Secretary 
     for Information Analysis determines necessary.
       (20) To perform such other duties relating to
                                 ______
                                 
  SA 4921. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

     SEC. 841. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.

       (a) Authority.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) it is extremely important that employees of the 
     Department be allowed to participate in a meaningful way in 
     the creation of any human resources management system 
     affecting them;
       (B) such employees have the most direct knowledge of the 
     demands of their jobs and have a direct interest in ensuring 
     that their human resources management system is conducive to 
     achieving optimal operational efficiencies;
       (C) the 21st century human resources management system 
     envisioned for the Department should be one that benefits 
     from the input of its employees; and
       (D) this collaborative effort will help secure our 
     homeland.
       (2) In general.--Subpart I of part III of title 5, United 
     States Code, is amended by adding at the end the following:

             ``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY

``Sec.
``9701. Establishment of human resources management system by the 
              Secretary.
``9702. Establishment of human resources management system by the 
              President.

     ``Sec. 9701. Establishment of human resources management 
       system by the Secretary

       ``(a) In General.--Notwithstanding any other provision of 
     this part, the Secretary of Homeland Security may, in 
     regulations prescribed jointly with the Director of the 
     Office of Personnel Management, establish, and from time to 
     time adjust, a human resources management system for some or 
     all of the organizational units of the Department of Homeland 
     Security.
       ``(b) System Requirements.--Any system established under 
     subsection (a) shall--
       ``(1) be flexible;
       ``(2) be contemporary;
       ``(3) not waive, modify, or otherwise affect--
       ``(A) the public employment principles of merit and fitness 
     set forth in section 2301, including the principles of hiring 
     based on merit, fair treatment without regard to political 
     affiliation or other nonmerit considerations, equal pay for 
     equal work, and protection of employees against reprisal for 
     whistleblowing;
       ``(B) any provision of section 2302, relating to prohibited 
     personnel practices;
       ``(C)(i) any provision of law referred to in section 
     2302(b)(1); or
       ``(ii) any provision of law implementing any provision of 
     law referred to in section 2302(b)(1) by--
       ``(I) providing for equal employment opportunity through 
     affirmative action; or
       ``(II) providing any right or remedy available to any 
     employee or applicant for employment in the civil service;
       ``(D) any other provision of this part (as described in 
     subsection (c)); or
       ``(E) any rule or regulation prescribed under any provision 
     of law referred to in any of the preceding subparagraphs of 
     this paragraph;
       ``(4) ensure that employees may organize, bargain 
     collectively, and participate through labor organizations of 
     their own choosing in decisions which affect them, subject to 
     any exclusion from coverage or limitation on negotiability 
     established by law; and
       ``(5) permit the use of a category rating system for 
     evaluating applicants for positions in the competitive 
     service.
       ``(c) Other Nonwaivable Provisions.--The other provisions 
     of this part, as referred to in subsection (b)(3)(D), are (to 
     the extent not otherwise specified in subparagraph (A), (B), 
     (C), or (D) of subsection (b)(3))--
       ``(1) subparts A, B, E, G, and H of this part; and
       ``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and 
     this chapter.
       ``(d) Limitations Relating to Pay.--Nothing in this section 
     shall constitute authority--
       ``(1) to modify the pay of any employee who serves in--
       ``(A) an Executive Schedule position under subchapter II of 
     chapter 53 of title 5, United States Code; or
       ``(B) a position for which the rate of basic pay is fixed 
     in statute by reference to a section or level under 
     subchapter II of chapter 53 of such title 5;
       ``(2) to fix pay for any employee or position at an annual 
     rate greater than the maximum amount of cash compensation 
     allowable under section 5307 of such title 5 in a year; or
       ``(3) to exempt any employee from the application of such 
     section 5307.
       ``(e) Provisions To Ensure Collaboration With Employee 
     Representatives.--
       ``(1) In general.--In order to ensure that the authority of 
     this section is exercised in collaboration with, and in a 
     manner that ensures the direct participation of employee 
     representatives in the planning development, and 
     implementation of any human resources management system or 
     adjustments under this section, the Secretary and the 
     Director of the Office of Personnel Management shall provide 
     for the following:
       ``(A) Notice of proposal.-- The Secretary and the Director 
     shall, with respect to any proposed system or adjustment--
       ``(i) provide to each employee representative representing 
     any employees who might be affected, a written description of 
     the proposed system or adjustment (including the reasons why 
     it is considered necessary);
       ``(ii) give each representative at least 60 days (unless 
     extraordinary circumstances require earlier action) to review 
     and make recommendations with respect to the proposal; and
       ``(iii) give any recommendations received from any such 
     representatives under clause (ii) full and fair consideration 
     in deciding whether or how to proceed with the proposal.
       ``(B) Preimplementation requirements.--If the Secretary and 
     the Director decide to implement a proposal described in 
     subparagraph (A), they shall before implementation--
       ``(i) give each representative details of the decision to 
     implement the proposal, together with the information upon 
     which the decision is based;
       ``(ii) give each representative an opportunity to make 
     recommendations with respect to the proposal; and
       ``(iii) give such recommendation full and fair 
     consideration, including the providing of reasons to an 
     employee representative if any of its recommendations are 
     rejected.
       ``(C) Continuing collaboration.--If a proposal described in 
     subparagraph (A) is implemented, the Secretary and the 
     Director shall--
       ``(i) develop a method for each employee representative to 
     participate in any further planning or development which 
     might become necessary; and
       ``(ii) give each employee representative adequate access to 
     information to make that participation productive.
       ``(2) Procedures.--Any procedures necessary to carry out 
     this subsection shall be established by the Secretary and the 
     Director jointly. Such procedures shall include measures to 
     ensure--
       ``(A) in the case of employees within a unit with respect 
     to which a labor organization is accorded exclusive 
     recognition, representation by individuals designated or from 
     among individuals nominated by such organization;
       ``(B) in the case of any employees who are not within such 
     a unit, representation by any appropriate organization which 
     represents a substantial percentage of those employees or, if 
     none, in such other manner as may be appropriate, consistent 
     with the purposes of the subsection; and
       ``(C) the selection of representatives in a manner 
     consistent with the relative number of employees represented 
     by the organizations or other representatives involved.
       ``(f) Provisions Relating to Appellate Procedures.--
       ``(1) Sense of congress.--It is the sense of Congress 
     that--
       ``(A) employees of the Department are entitled to fair 
     treatment in any appeals that

[[Page S11091]]

     they bring in decisions relating to their employment; and
       ``(B) in prescribing regulations for any such appeals 
     procedures, the Secretary and the Director of the Office of 
     Personnel Management--
       ``(i) should ensure that employees of the Department are 
     afforded the protections of due process; and
       ``(ii) toward that end, should be required to consult with 
     the Merit Systems Protection Board before issuing any such 
     regulations.
       ``(2) Requirements.--Any regulations under this section 
     which relate to any matters within the purview of chapter 
     77--
       ``(A) shall be issued only after consultation with the 
     Merit Systems Protection Board;
       ``(B) shall ensure the availability of procedures which 
     shall--
       ``(i) be fully consistent with requirements of due process; 
     and
       ``(ii) provide, to the maximum extent practicable, for the 
     expeditious handling of any matters involving the Department; 
     and
       ``(C) shall modify procedures under chapter 77 only insofar 
     as such modifications are designed to further the fair, 
     efficient, and expeditious resolution of matters involving 
     the employees of the Department.
       ``(g) Sunset Provision.--Effective 5 years after the 
     conclusion of the transition period defined under section 801 
     of the Homeland Security Act of 2002, all authority to issue 
     regulations under this section (including regulations which 
     would modify, supersede, or terminate any regulations 
     previously issued under this section and section 9702) shall 
     cease to be available.

     ``Sec. 9702. Establishment of human resources management 
       system by the President

       The authority under section 9701 to establish a human 
     resources management system shall be exercised only when the 
     President issues an order determining that--
       ``(1) the affected agency or subdivision has, as a primary 
     function, intelligence, counterintelligence, investigative, 
     or national security work;
       ``(2) the provisions of chapter 43, 51, 53, 71, 75, or 77 
     cannot be applied to that agency or subdivision in a manner 
     consistent with national security requirements and 
     considerations;
       ``(3) the mission and responsibilities of the affected 
     agency or subdivision have materially changed; and
       ``(4) a majority of the employees within that agency or 
     subdivision have, as their primary duty, intelligence, 
     counterintelligence, or investigative work directly related 
     to terrorism investigation.''.
       (3) Clerical amendment.--The table of chapters for part III 
     of title 5, United States Code, is amended by adding at the 
     end of the following:

``97. Department of Homeland Security.......................9701''.....

       (b) Effect on Personnel.--
       (1) Nonseparation or nonreduction in grade or compensation 
     of full-time personnel and part-time personnel holding 
     permanent positions.--Except as otherwise provided in this 
     Act, the transfer pursuant to this Act of full-time personnel 
     (except special Government employees) and part-time personnel 
     holding permanent positions shall not cause any such employee 
     to be separated or reduced in grade or compensation for one 
     year after the date of transfer to the Department.
       (2) Positions compensated in accordance with executive 
     schedule.--Any person who, on the day preceding such person's 
     date of transfer pursuant to this Act, held a position 
     compensated in accordance with the Executive Schedule 
     prescribed in chapter 53 of title 5, United States Code, and 
     who, without a break in service, is appointed in the 
     Department to a position having duties comparable to the 
     duties performed immediately preceding such appointment shall 
     continue to be compensated in such new position at not less 
     than the rate provided for such position, for the duration of 
     the service of such person in such new position.
       (3) Coordination rule.--Any exercise of authority under 
     chapter 97 of title 5, United States Code (as amended by 
     subsection (a)), including under any system established under 
     such chapter, shall be in conformance with the requirements 
     of this subsection.

     SEC. 842. LABOR-MANAGEMENT RELATIONS.

       (a) Exclusionary Authority.--
       (1) In general.--Subject to paragraph (2), the President 
     may issue an order excluding any executive agency, or 
     subdivision thereof, from coverage under chapter 71 of title 
     5, United States Code, if the President determines that--
       (A) the agency or subdivision has, as a primary function, 
     intelligence, counterintelligence, investigative, or national 
     security work; and
       (B) the provisions of such chapter 71 cannot be applied to 
     that agency or subdivision in a matter consistent with 
     national security requirements and considerations.
       (2) Additional determination.--In addition to the 
     requirements under paragraph (1), the President may issue an 
     order excluding any executive agency, or subdivision thereof, 
     transferred to the Department under this Act, from coverage 
     under chapter 71 of title 5, United States Code, only if the 
     President determines that--
       (A) the mission and responsibilities of the agency or 
     subdivision materially change; and
       (B) a majority of the employees within such agency or 
     subdivision have, as their primary duty, intelligence, 
     counterintelligence, or investigative work directly related 
     to terrorism investigation.
       (3) Exclusions allowable.--Nothing in paragraph (1) or (2) 
     shall affect the effectiveness of any order to the extent 
     that such order excludes any portion of an agency or 
     subdivision of an agency as to which--
       (A) recognition as an appropriate unit has never been 
     conferred for purposes of chapter 71 of title 5, United 
     States Code; or
       (B) any such recognition has been revoked or otherwise 
     terminated as a result of a determination under subsection 
     (b)(1).
       (b) Provisions Relating to Bargaining Units.--Each unit, 
     which is recognized as an appropriate unit for purposes of 
     chapter 71 of title 5, United States Code, as of the day 
     before the effective date of this Act (and any subdivision of 
     any such unit) shall, if such unit (or subdivision) is 
     transferred to the Department under this Act, continue to be 
     so recognized for such purposes, unless--
       (1) the mission and responsibilities of the personnel in 
     such unit (or subdivision), or the threats of domestic 
     terrorism being addressed by the personnel in such unit (or 
     subdivision), materially change; and
       (2) a substantial number of the employees within such unit 
     (or subdivision) have as their primary duty intelligence, 
     counterintelligence, or investigative work directly related 
     to terrorism investigation.
       (c) Coordination Rule.--No other provision of this Act or 
     of any amendment made by this Act may be construed or applied 
     in a manner so as to limit, supersede, or otherwise affect 
     the provisions of this section, except to the extent that it 
     does so by specific reference to this section.
  SA 4922. Mr. JEFFORDS (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 4901 proposed by Mr. 
Thompson (for Mr. Gramm, (for himself, Mr. Miller, Mr. Thompson, Mr. 
Barkley, and Mr. Voinovich)) 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:

       Beginning on page 36, strike line 5 and all that follows 
     through page 48, line 16, and insert the following:

     Subtitle B--Protection of Voluntarily Furnished Confidential 
                              Information

     SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL 
                   INFORMATION.

       (a) Definitions.--In this section:
       (1) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given that term in section 
     1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195(e)).
       (2) Furnished voluntarily.--
       (A) Definition.--The term ``furnished voluntarily'' means a 
     submission of a record that--
       (i) is made to the Department in the absence of authority 
     of the Department requiring that record to be submitted; and
       (ii) is not submitted or used to satisfy any legal 
     requirement or obligation or to obtain any grant, permit, 
     benefit (such as agency forbearance, loans, or reduction or 
     modifications of agency penalties or rulings), or other 
     approval from the Government.
       (B) Benefit.--In this paragraph, the term ``benefit'' does 
     not include any warning, alert, or other risk analysis by the 
     Department.
       (b) In General.--Notwithstanding any other provision of 
     law, a record pertaining to the vulnerability of and threats 
     to critical infrastructure (such as attacks, response, and 
     recovery efforts) that is furnished voluntarily to the 
     Department shall not be made available under section 552 of 
     title 5, United States Code, if--
       (1) the provider would not customarily make the record 
     available to the public; and
       (2) the record is designated and certified by the provider, 
     in a manner specified by the Department, as confidential and 
     not customarily made available to the public.
       (c) Records Shared With Other Agencies.--
       (1) In general.--
       (A) Response to request.--An agency in receipt of a record 
     that was furnished voluntarily to the Department and 
     subsequently shared with the agency shall, upon receipt of a 
     request under section 552 of title 5, United States Code, for 
     the record--
       (i) not make the record available; and
       (ii) refer the request to the Department for processing and 
     response in accordance with this section.
       (B) Segregable portion of record.--Any reasonably 
     segregable portion of a record shall be provided to the 
     person requesting the record after deletion of any portion 
     which is exempt under this section.
       (2) Disclosure of independently furnished records.--
     Notwithstanding paragraph (1), nothing in this section shall 
     prohibit an agency from making available under section 552 of 
     title 5, United States Code, any record that the agency 
     receives independently of the Department, regardless of 
     whether or not the Department has a similar or identical 
     record.
       (d) Withdrawal of Confidential Designation.--The provider 
     of a record that is furnished voluntarily to the Department 
     under subsection (b) may at any time withdraw, in a manner 
     specified by the Department, the confidential designation.
       (e) Procedures.--The Secretary shall prescribe procedures 
     for--
       (1) the acknowledgement of receipt of records furnished 
     voluntarily;

[[Page S11092]]

       (2) the designation, certification, and marking of records 
     furnished voluntarily as confidential and not customarily 
     made available to the public;
       (3) the care and storage of records furnished voluntarily;
       (4) the protection and maintenance of the confidentiality 
     of records furnished voluntarily; and
       (5) the withdrawal of the confidential designation of 
     records under subsection (d).
       (f) Effect on State and Local Law.--Nothing in this section 
     shall be construed as preempting or otherwise modifying State 
     or local law concerning the disclosure of any information 
     that a State or local government receives independently of 
     the Department.
       (g) Report.--
       (1) Requirement.--Not later than 18 months after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to the committees of Congress 
     specified in paragraph (2) a report on the implementation and 
     use of this section, including--
       (A) the number of persons in the private sector, and the 
     number of State and local agencies, that furnished 
     voluntarily records to the Department under this section;
       (B) the number of requests for access to records granted or 
     denied under this section; and
       (C) such recommendations as the Comptroller General 
     considers appropriate regarding improvements in the 
     collection and analysis of sensitive information held by 
     persons in the private sector, or by State and local 
     agencies, relating to vulnerabilities of and threats to 
     critical infrastructure, including the response to such 
     vulnerabilities and threats.
       (2) Committees of congress.--The committees of Congress 
     specified in this paragraph are--
       (A) the Committees on the Judiciary and Governmental 
     Affairs of the Senate; and
       (B) the Committees on the Judiciary and Government Reform 
     and Oversight of the House of Representatives.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
                                 ______
                                 
  SA 4923. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

       Beginning on page 145, strike line 16 and all that follows 
     through page 148, line 5.
                                 ______
                                 
  SA 4924. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

       Beginning on page 200, strike line 3 and all that follows 
     through page 208, line 7, and insert the following:

     SEC. 501. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED 
                   ACTIVITIES.

       (a) In General.--With respect to all public health-related 
     activities to improve State, local, and hospital preparedness 
     and response to chemical, biological, radiological, and 
     nuclear and other emerging terrorist threats carried out by 
     the Department of Health and Human Services (including the 
     Public Health Service), the Secretary of Health and Human 
     Services shall set priorities and preparedness goals and 
     further develop a coordinated strategy for such activities in 
     collaboration with the Secretary.
       (b) Evaluation of Progress.--In carrying out subsection 
     (a), the Secretary of Health and Human Services shall 
     collaborate with the Secretary in developing specific 
     benchmarks and outcome measurements for evaluating progress 
     toward achieving the priorities and goals described in such 
     subsection.

     SEC. 502. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

       (a) In General.--The functions of the Federal Emergency 
     Management Agency include the following:
       (1) All functions and authorities prescribed by the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Carrying out its mission to reduce the loss of life and 
     property and protect the Nation from all hazards by leading 
     and supporting the Nation in a comprehensive, risk-based 
     emergency management program--
       (A) of mitigation, by taking sustained actions to reduce or 
     eliminate long-term risk to people and property from hazards 
     and their effects;
       (B) of planning for building the emergency management 
     profession to prepare effectively for, mitigate against, 
     respond to, and recover from any hazard;
       (C) of response, by conducting emergency operations to save 
     lives and property through positioning emergency equipment 
     and supplies, through evacuating potential victims, through 
     providing food, water, shelter, and medical care to those in 
     need, and through restoring critical public services;
       (D) of recovery, by rebuilding communities so individuals, 
     businesses, and governments can function on their own, return 
     to normal life, and protect against future hazards; and
       (E) of increased efficiencies, by coordinating efforts 
     relating to mitigation, planning, response, and recovery.
       (b) Federal Response Plan.--
       (1) Role of fema.--Notwithstanding any other provision of 
     this Act, the Federal Emergency Management Agency shall 
     remain the lead agency for the Federal Response Plan 
     established under Executive Order 12148 (44 Fed. Reg. 43239) 
     and Executive Order 12656 (53 Fed. Reg. 47491).
       (2) Revision of response plan.--Not later than 60 days 
     after the date of enactment of this Act, the Director of the 
     Federal Emergency Management Agency shall revise the Federal 
     Response Plan to reflect the establishment of and incorporate 
     the Department.

     SEC. 503. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS, 
                   AND SERVICES.

       It is the sense of Congress that--
       (1) the Secretary should, to the maximum extent possible, 
     use off-the-shelf commercially developed technologies to 
     ensure that the Department's information technology systems 
     allow the Department to collect, manage, share, analyze, and 
     disseminate information securely over multiple channels of 
     communication; and
       (2) in order to further the policy of the United States to 
     avoid competing commercially with the private sector, the 
     Secretary should rely on commercial sources to supply the 
     goods and services needed by the Department.
  SA 4925. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 208, between lines 7 and 8, insert the following:

           Subtitle B--First Responder Terrorism Preparedness

     SEC. 5____1. SHORT TITLE.

       This subtitle may be cited as the ``First Responder 
     Terrorism Preparedness Act of 2002''.

     SEC. 5____2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Federal Government must enhance the ability of 
     first responders to respond to incidents of terrorism, 
     including incidents involving weapons of mass destruction; 
     and
       (2) as a result of the events of September 11, 2001, it is 
     necessary to clarify and consolidate the authority of the 
     Federal Emergency Management Agency to support first 
     responders.
       (b) Purposes.--The purposes of this subtitle are--
       (1) to establish within the Federal Emergency Management 
     Agency the Office of National Preparedness;
       (2) to establish a program to provide assistance to enhance 
     the ability of first responders to respond to incidents of 
     terrorism, including incidents involving weapons of mass 
     destruction; and
       (3) to address issues relating to urban search and rescue 
     task forces.

     SEC. 5____3. DEFINITIONS.

       (a) Major Disaster.--Section 102(2) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(2)) is amended by inserting ``incident of 
     terrorism,'' after ``drought),''.
       (b) Weapon of Mass Destruction.--Section 602(a) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5196(a)) is amended by adding at the end the 
     following:
       ``(11) Weapon of mass destruction.--The term `weapon of 
     mass destruction' has the meaning given the term in section 
     2302 of title 50, United States Code.''.

     SEC. 5____4. ESTABLISHMENT OF OFFICE OF NATIONAL 
                   PREPAREDNESS.

       Subtitle A of title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.

       ``(a) In General.--There is established in the Federal 
     Emergency Management Agency an office to be known as the 
     `Office of National Preparedness' (referred to in this 
     section as the `Office').
       ``(b) Appointment of Associate Director.--
       ``(1) In general.--The Office shall be headed by an 
     Associate Director, who shall be appointed by the President, 
     by and with the advice and consent of the Senate.
       ``(2) Compensation.--The Associate Director shall be 
     compensated at the annual rate of basic pay prescribed for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.
       ``(c) Duties.--The Office shall--
       ``(1) lead a coordinated and integrated overall effort to 
     build, exercise, and ensure viable terrorism preparedness and 
     response capability at all levels of government;
       ``(2) establish clearly defined standards and guidelines 
     for Federal, State, tribal, and local government terrorism 
     preparedness and response;
       ``(3) establish and coordinate an integrated capability for 
     Federal, State, tribal, and

[[Page S11093]]

     local governments and emergency responders to plan for and 
     address potential consequences of terrorism;
       ``(4) coordinate provision of Federal terrorism 
     preparedness assistance to State, tribal, and local 
     governments;
       ``(5) establish standards for a national, interoperable 
     emergency communications and warning system;
       ``(6) establish standards for training of first responders 
     (as defined in section 630(a)), and for equipment to be used 
     by first responders, to respond to incidents of terrorism, 
     including incidents involving weapons of mass destruction; 
     and
       ``(7) carry out such other related activities as are 
     approved by the Director.
       ``(d) Designation of Regional Contacts.--The Associate 
     Director shall designate an officer or employee of the 
     Federal Emergency Management Agency in each of the 10 regions 
     of the Agency to serve as the Office contact for the States 
     in that region.
       ``(e) Use of Existing Resources.--In carrying out this 
     section, the Associate Director shall--
       ``(1) to the maximum extent practicable, use existing 
     resources, including planning documents, equipment lists, and 
     program inventories; and
       ``(2) consult with and use--
       ``(A) existing Federal interagency boards and committees;
       ``(B) existing government agencies; and
       ``(C) nongovernmental organizations.''.

     SEC. 5____5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

       (a) In General.--Subtitle B of title VI of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5197 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

       ``(a) Definitions.--In this section:
       ``(1) First responder.--The term `first responder' means--
       ``(A) fire, emergency medical service, and law enforcement 
     personnel; and
       ``(B) such other personnel as are identified by the 
     Director.
       ``(2) Local entity.--The term `local entity' has the 
     meaning given the term by regulation promulgated by the 
     Director.
       ``(3) Program.--The term `program' means the program 
     established under subsection (b).
       ``(b) Program To Provide Assistance.--
       ``(1) In general.--The Director shall establish a program 
     to provide assistance to States to enhance the ability of 
     State and local first responders to respond to incidents of 
     terrorism, including incidents involving weapons of mass 
     destruction.
       ``(2) Federal share.--The Federal share of the costs 
     eligible to be paid using assistance provided under the 
     program shall be not less than 75 percent, as determined by 
     the Director.
       ``(3) Forms of assistance.--Assistance provided under 
     paragraph (1) may consist of--
       ``(A) grants; and
       ``(B) such other forms of assistance as the Director 
     determines to be appropriate.
       ``(c) Uses of Assistance.--Assistance provided under 
     subsection (b)--
       ``(1) shall be used--
       ``(A) to purchase, to the maximum extent practicable, 
     interoperable equipment that is necessary to respond to 
     incidents of terrorism, including incidents involving weapons 
     of mass destruction;
       ``(B) to train first responders, consistent with guidelines 
     and standards developed by the Director;
       ``(C) in consultation with the Director, to develop, 
     construct, or upgrade terrorism preparedness training 
     facilities;
       ``(D) to develop, construct, or upgrade emergency operating 
     centers;
       ``(E) to develop preparedness and response plans consistent 
     with Federal, State, and local strategies, as determined by 
     the Director;
       ``(F) to provide systems and equipment to meet 
     communication needs, such as emergency notification systems, 
     interoperable equipment, and secure communication equipment;
       ``(G) to conduct exercises; and
       ``(H) to carry out such other related activities as are 
     approved by the Director; and
       ``(2) shall not be used to provide compensation to first 
     responders (including payment for overtime).
       ``(d) Allocation of Funds.--For each fiscal year, in 
     providing assistance under subsection (b), the Director shall 
     make available--
       ``(1) to each of the District of Columbia, Puerto Rico, the 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands, $3,000,000; and
       ``(2) to each State (other than a State specified in 
     paragraph (1))--
       ``(A) a base amount of $15,000,000; and
       ``(B) a percentage of the total remaining funds made 
     available for the fiscal year based on criteria established 
     by the Director, such as--
       ``(i) population;
       ``(ii) location of vital infrastructure, including--

       ``(I) military installations;
       ``(II) public buildings (as defined in section 13 of the 
     Public Buildings Act of 1959 (40 U.S.C. 612));
       ``(III) nuclear power plants;
       ``(IV) chemical plants; and
       ``(V) national landmarks; and

       ``(iii) proximity to international borders.
       ``(e) Provision of Funds to Local Governments and Local 
     Entities.--
       ``(1) In general.--For each fiscal year, not less than 75 
     percent of the assistance provided to each State under this 
     section shall be provided to local governments and local 
     entities within the State.
       ``(2) Allocation of funds.--Under paragraph (1), a State 
     shall allocate assistance to local governments and local 
     entities within the State in accordance with criteria 
     established by the Director, such as the criteria specified 
     in subsection (d)(2)(B).
       ``(3) Deadline for provision of funds.--Under paragraph 
     (1), a State shall provide all assistance to local government 
     and local entities not later than 45 days after the date on 
     which the State receives the assistance.
       ``(4) Coordination.--Each State shall coordinate with local 
     governments and local entities concerning the use of 
     assistance provided to local governments and local entities 
     under paragraph (1).
       ``(f) Administrative Expenses.--
       ``(1) Director.--For each fiscal year, the Director may use 
     to pay salaries and other administrative expenses incurred in 
     administering the program not more than the lesser of--
       ``(A) 5 percent of the funds made available to carry out 
     this section for the fiscal year; or
       ``(B)(i) for fiscal year 2003, $75,000,000; and
       ``(ii) for each of fiscal years 2004 through 2006, 
     $50,000,000.
       ``(2) Recipients of assistance.--For each fiscal year, not 
     more than 10 percent of the funds retained by a State after 
     application of subsection (e) may be used to pay salaries and 
     other administrative expenses incurred in administering the 
     program.
       ``(g) Maintenance of Expenditures.--The Director may 
     provide assistance to a State under this section only if the 
     State agrees to maintain, and to ensure that each local 
     government that receives funds from the State in accordance 
     with subsection (e) maintains, for the fiscal year for which 
     the assistance is provided, the aggregate expenditures by the 
     State or the local government, respectively, for the uses 
     described in subsection (c)(1) at a level that is at or above 
     the average annual level of those expenditures by the State 
     or local government, respectively, for the 2 fiscal years 
     preceding the fiscal year for which the assistance is 
     provided.
       ``(h) Reports.--
       ``(1) Annual report to the director.--As a condition of 
     receipt of assistance under this section for a fiscal year, a 
     State shall submit to the Director, not later than 60 days 
     after the end of the fiscal year, a report on the use of the 
     assistance in the fiscal year.
       ``(2) Exercise and report to congress.--As a condition of 
     receipt of assistance under this section, not later than 3 
     years after the date of enactment of this section, a State 
     shall--
       ``(A) conduct an exercise, or participate in a regional 
     exercise, approved by the Director, to measure the progress 
     of the State in enhancing the ability of State and local 
     first responders to respond to incidents of terrorism, 
     including incidents involving weapons of mass destruction; 
     and
       ``(B) submit a report on the results of the exercise to--
       ``(i) the Committee on Environment and Public Works and the 
     Committee on Appropriations of the Senate; and
       ``(ii) the Committee on Transportation and Infrastructure 
     and the Committee on Appropriations of the House of 
     Representatives.
       ``(i) Coordination.--
       ``(1) With federal agencies.--The Director shall, as 
     necessary, coordinate the provision of assistance under this 
     section with activities carried out by--
       ``(A) the Administrator of the United States Fire 
     Administration in connection with the implementation by the 
     Administrator of the assistance to firefighters grant program 
     established under section 33 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2229) (as added by section 
     1701(a) of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (114 Stat. 1654, 1654A-360));
       ``(B) the Attorney General, in connection with the 
     implementation of the Community Oriented Policing Services 
     (COPS) Program established under section 1701(a) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(a)); and
       ``(C) other appropriate Federal agencies.
       ``(2) With indian tribes.--In providing and using 
     assistance under this section, the Director and the States 
     shall, as appropriate, coordinate with--
       ``(A) Indian tribes (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b)) and other tribal organizations; and
       ``(B) Native villages (as defined in section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602)) and 
     other Alaska Native organizations.''.
       (b) Cost Sharing for Emergency Operating Centers.--Section 
     614 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5196c) is amended--
       (1) by inserting ``(other than section 630)'' after ``carry 
     out this title''; and
       (2) by inserting ``(other than section 630)'' after ``under 
     this title''.

[[Page S11094]]

     SEC. 5____6. PROTECTION OF HEALTH AND SAFETY OF FIRST 
                   RESPONDERS.

       Subtitle B of title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) 
     (as amended by section 5____5(a)) is amended by adding at the 
     end the following:

     ``SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST 
                   RESPONDERS.

       ``(a) Definitions.--In this section:
       ``(1) First responder.--The term `first responder' has the 
     meaning given the term in section 630(a).
       ``(2) Harmful substance.--The term `harmful substance' 
     means a substance that the President determines may be 
     harmful to human health.
       ``(3) Program.--The term `program' means a program 
     described in subsection (b)(1).
       ``(b) Program.--
       ``(1) In general.--If the President determines that 1 or 
     more harmful substances are being, or have been, released in 
     an area that the President has declared to be a major 
     disaster area under this Act, the President shall carry out a 
     program with respect to the area for the protection, 
     assessment, monitoring, and study of the health and safety of 
     first responders.
       ``(2) Activities.--A program shall include--
       ``(A) collection and analysis of environmental and exposure 
     data;
       ``(B) development and dissemination of educational 
     materials;
       ``(C) provision of information on releases of a harmful 
     substance;
       ``(D) identification of, performance of baseline health 
     assessments on, taking biological samples from, and 
     establishment of an exposure registry of first responders 
     exposed to a harmful substance;
       ``(E) study of the long-term health impacts of any 
     exposures of first responders to a harmful substance through 
     epidemiological studies; and
       ``(F) provision of assistance to participants in registries 
     and studies under subparagraphs (D) and (E) in determining 
     eligibility for health coverage and identifying appropriate 
     health services.
       ``(3) Participation in registries and studies.--
       ``(A) In general.--Participation in any registry or study 
     under subparagraph (D) or (E) of paragraph (2) shall be 
     voluntary.
       ``(B) Protection of privacy.--The President shall take 
     appropriate measures to protect the privacy of any 
     participant in a registry or study described in subparagraph 
     (A).
       ``(4) Cooperative agreements.--The President may carry out 
     a program through a cooperative agreement with a medical or 
     academic institution, or a consortium of such institutions, 
     that is--
       ``(A) located in close proximity to the major disaster area 
     with respect to which the program is carried out; and
       ``(B) experienced in the area of environmental or 
     occupational health and safety, including experience in--
       ``(i) conducting long-term epidemiological studies;
       ``(ii) conducting long-term mental health studies; and
       ``(iii) establishing and maintaining environmental exposure 
     or disease registries.
       ``(c) Reports and Responses to Studies.--
       ``(1) Reports.--Not later than 1 year after the date of 
     completion of a study under subsection (b)(2)(E), the 
     President, or the medical or academic institution or 
     consortium of such institutions that entered into the 
     cooperative agreement under subsection (b)(4), shall submit 
     to the Director, the Secretary of Health and Human Services, 
     the Secretary of Labor, and the Administrator of the 
     Environmental Protection Agency a report on the study.
       ``(2) Changes in procedures.--To protect the health and 
     safety of first responders, the President shall make such 
     changes in procedures as the President determines to be 
     necessary based on the findings of a report submitted under 
     paragraph (1).''.

     SEC. 5____7. URBAN SEARCH AND RESCUE TASK FORCES.

       Subtitle B of title VI of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) 
     (as amended by section 5____6) is amended by adding at the 
     end the following:

     ``SEC. 632. URBAN SEARCH AND RESCUE TASK FORCES.

       ``(a) Definitions.--In this section:
       ``(1) Urban search and rescue equipment.--The term `urban 
     search and rescue equipment' means any equipment that the 
     Director determines to be necessary to respond to a major 
     disaster or emergency declared by the President under this 
     Act.
       ``(2) Urban search and rescue task force.--The term `urban 
     search and rescue task force' means any of the 28 urban 
     search and rescue task forces designated by the Director as 
     of the date of enactment of this section.
       ``(b) Assistance.--
       ``(1) Mandatory grants for costs of operations.--For each 
     fiscal year, of the amounts made available to carry out this 
     section, the Director shall provide to each urban search and 
     rescue task force a grant of not less than $1,500,000 to pay 
     the costs of operations of the urban search and rescue task 
     force (including costs of basic urban search and rescue 
     equipment).
       ``(2) Discretionary grants.--The Director may provide to 
     any urban search and rescue task force a grant, in such 
     amount as the Director determines to be appropriate, to pay 
     the costs of--
       ``(A) operations in excess of the funds provided under 
     paragraph (1);
       ``(B) urban search and rescue equipment;
       ``(C) equipment necessary for an urban search and rescue 
     task force to operate in an environment contaminated or 
     otherwise affected by a weapon of mass destruction;
       ``(D) training, including training for operating in an 
     environment described in subparagraph (C);
       ``(E) transportation;
       ``(F) expansion of the urban search and rescue task force; 
     and
       ``(G) incident support teams, including costs of conducting 
     appropriate evaluations of the readiness of the urban search 
     and rescue task force.
       ``(3) Priority for funding.--The Director shall distribute 
     funding under this subsection so as to ensure that each urban 
     search and rescue task force has the capacity to deploy 
     simultaneously at least 2 teams with all necessary equipment, 
     training, and transportation.
       ``(c) Grant Requirements.--The Director shall establish 
     such requirements as are necessary to provide grants under 
     this section.
       ``(d) Establishment of Additional Urban Search and Rescue 
     Task Forces.--
       ``(1) In general.--Subject to paragraph (2), the Director 
     may establish urban search and rescue task forces in addition 
     to the 28 urban search and rescue task forces in existence on 
     the date of enactment of this section.
       ``(2) Requirement of full funding of existing urban search 
     and rescue task forces.--Except in the case of an urban 
     search and rescue task force designated to replace any urban 
     search and rescue task force that withdraws or is otherwise 
     no longer considered to be an urban search and rescue task 
     force designated by the Director, no additional urban search 
     and rescue task forces may be designated or funded until the 
     28 urban search and rescue task forces are able to deploy 
     simultaneously at least 2 teams with all necessary equipment, 
     training, and transportation.''.

     SEC. 5____8. AUTHORIZATION OF APPROPRIATIONS.

       Section 626 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5197e) is amended by 
     striking subsection (a) and inserting the following:
       ``(a) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     such sums as are necessary to carry out this title (other 
     than sections 630 and 632).
       ``(2) Preparedness assistance for first responders.--There 
     are authorized to be appropriated to carry out section 630--
       ``(A) $3,340,000,000 for fiscal year 2003; and
       ``(B) $3,458,000,000 for each of fiscal years 2004 through 
     2006.
       ``(3) Urban search and rescue task forces.--
       ``(A) In general.--There are authorized to be appropriated 
     to carry out section 632--
       ``(i) $160,000,000 for fiscal year 2003; and
       ``(ii) $42,000,000 for each of fiscal years 2004 through 
     2006.
       ``(B) Availability of amounts.--Amounts made available 
     under subparagraph (A) shall remain available until 
     expended.''.
                                 ______
                                 
  SA 4926. Mr. CORZINE (for himself and Mr. Jeffords) submitted an 
amendment intended to be proposed to amendment SA 4901 proposed by Mr. 
Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. 
Barkley, and Mr. Voinovich)) to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title II, add the following:

                     Subtitle E--Chemical Security

     SEC. 241. SHORT TITLE.

       This subtitle may be cited as the ``Chemical Security Act 
     of 2002''.

     SEC. 242. FINDINGS.

       Congress finds that--
       (1) the chemical industry is a crucial part of the critical 
     infrastructure of the United States--
       (A) in its own right; and
       (B) because that industry supplies resources essential to 
     the functioning of other critical infrastructures;
       (2) the possibility of terrorist and criminal attacks on 
     chemical sources (such as industrial facilities) poses a 
     serious threat to public health, safety, and welfare, 
     critical infrastructure, national security, and the 
     environment;
       (3) the possibility of theft of dangerous chemicals from 
     chemical sources for use in terrorist attacks poses a further 
     threat to public health, safety, and welfare, critical 
     infrastructure, national security, and the environment; and
       (4) there are significant opportunities to prevent theft 
     from, and criminal attack on, chemical sources and reduce the 
     harm that such acts would produce by--
       (A)(i) reducing usage and storage of chemicals by changing 
     production methods and processes; and
       (ii) employing inherently safer technologies in the 
     manufacture, transport, and use of chemicals;
       (B) enhancing secondary containment and other existing 
     mitigation measures; and
       (C) improving security.

     SEC. 243. DEFINITIONS.

       In this subtitle:

[[Page S11095]]

       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Chemical source.--The term ``chemical source'' means a 
     stationary source (as defined in section 112(r)(2) of the 
     Clean Air Act (42 U.S.C. 7412(r)(2))) that contains a 
     substance of concern.
       (3) Covered substance of concern.--The term ``covered 
     substance of concern'' means a substance of concern that, in 
     combination with a chemical source and other factors, is 
     designated as a high priority category by the Administrator 
     under section 244(a)(1).
       (4) Employee.--The term ``employee'' means--
       (A) a duly recognized collective bargaining representative 
     at a chemical source; or
       (B) in the absence of such a representative, other 
     appropriate personnel.
       (5) Safer design and maintenance.--The term ``safer design 
     and maintenance'' includes, with respect to a chemical source 
     that is within a high priority category designated under 
     section 244(a)(1), implementation, to the extent practicable, 
     of the practices of--
       (A) preventing or reducing the vulnerability of the 
     chemical source to an unauthorized release of a covered 
     substance of concern through use of inherently safer 
     technology;
       (B) reducing the vulnerability of the chemical source to an 
     unauthorized release of a covered substance of concern 
     through use of well-maintained secondary containment, 
     control, or mitigation equipment;
       (C) reducing the vulnerability of the chemical source to an 
     unauthorized release of a covered substance of concern by 
     implementing security measures; and
       (D) reducing the potential consequences of any 
     vulnerability of the chemical source to an unauthorized 
     release of a covered substance of concern through the use of 
     buffer zones between the chemical source and surrounding 
     populations (including buffer zones between the chemical 
     source and residences, schools, hospitals, senior centers, 
     shopping centers and malls, sports and entertainment arenas, 
     public roads and transportation routes, and other population 
     centers).
       (6) Security measure.--
       (A) In general.--The term ``security measure'' means an 
     action carried out to increase the security of a chemical 
     source.
       (B) Inclusions.--The term ``security measure'', with 
     respect to a chemical source, includes--
       (i) employee training and background checks;
       (ii) the limitation and prevention of access to controls of 
     the chemical source;
       (iii) protection of the perimeter of the chemical source;
       (iv) the installation and operation of an intrusion 
     detection sensor; and
       (v) a measure to increase computer or computer network 
     security.
       (7) Substance of concern.--
       (A) In general.--The term ``substance of concern'' means--
       (i) any regulated substance (as defined in section 112(r) 
     of the Clean Air Act (42 U.S.C. 7412(r))); and
       (ii) any substance designated by the Administrator under 
     section 244(a).
       (B) Exclusion.--The term ``substance of concern'' does not 
     include liquefied petroleum gas that is used as fuel or held 
     for sale as fuel at a retail facility as described in section 
     112(r)(4)(B) of the Clean Air Act (42 U.S.C. 7412(r)(4)(B)).
       (8) Unauthorized release.--The term ``unauthorized 
     release'' means--
       (A) a release from a chemical source into the environment 
     of a covered substance of concern that is caused, in whole or 
     in part, by a criminal act;
       (B) a release into the environment of a covered substance 
     of concern that has been removed from a chemical source, in 
     whole or in part, by a criminal act; and
       (C) a release or removal from a chemical source of a 
     covered substance of concern that is unauthorized by the 
     owner or operator of the chemical source.
       (9) Use of inherently safer technology.--
       (A) In general.--The term ``use of inherently safer 
     technology'', with respect to a chemical source, means use of 
     a technology, product, raw material, or practice that, as 
     compared with the technologies, products, raw materials, or 
     practices currently in use--
       (i) reduces or eliminates the possibility of a release of a 
     substance of concern from the chemical source prior to 
     secondary containment, control, or mitigation; and
       (ii) reduces or eliminates the threats to public health and 
     the environment associated with a release or potential 
     release of a substance of concern from the chemical source.
       (B) Inclusions.--The term ``use of inherently safer 
     technology'' includes input substitution, catalyst or carrier 
     substitution, process redesign (including reuse or recycling 
     of a substance of concern), product reformulation, procedure 
     simplification, and technology modification so as to--
       (i) use less hazardous substances or benign substances;
       (ii) use a smaller quantity of covered substances of 
     concern;
       (iii) reduce hazardous pressures or temperatures;
       (iv) reduce the possibility and potential consequences of 
     equipment failure and human error;
       (v) improve inventory control and chemical use efficiency; 
     and
       (vi) reduce or eliminate storage, transportation, handling, 
     disposal, and discharge of substances of concern.

     SEC. 244. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY 
                   CATEGORIES.

       (a) Designation and Regulation of High Priority Categories 
     by the Administrator.--
       (1) In general.--Not later than December 31, 2002, the 
     Administrator, in consultation with the Secretary and State 
     and local agencies responsible for planning for and 
     responding to unauthorized releases and providing emergency 
     health care, shall promulgate regulations to designate 
     certain combinations of chemical sources and substances of 
     concern as high priority categories based on the severity of 
     the threat posed by an unauthorized release from the chemical 
     sources.
       (2) Factors to be considered.--In designating high priority 
     categories under paragraph (1), the Administrator, in 
     consultation with the Secretary, shall consider--
       (A) the severity of the harm that could be caused by an 
     unauthorized release;
       (B) the proximity to population centers;
       (C) the threats to national security;
       (D) the threats to critical infrastructure;
       (E) threshold quantities of substances of concern that pose 
     a serious threat; and
       (F) such other safety or security factors as the 
     Administrator, in consultation with the Secretary, determines 
     to be appropriate.
       (3) Requirements for high priority categories.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary, the United States Chemical Safety and 
     Hazard Investigation Board, and State and local agencies 
     described in paragraph (1), shall promulgate regulations to 
     require each owner and each operator of a chemical source 
     that is within a high priority category designated under 
     paragraph (1), in consultation with local law enforcement, 
     first responders, and employees, to--
       (i) conduct an assessment of the vulnerability of the 
     chemical source to a terrorist attack or other unauthorized 
     release;
       (ii) using appropriate hazard assessment techniques, 
     identify hazards that may result from an unauthorized release 
     of a covered substance of concern; and
       (iii) prepare a prevention, preparedness, and response plan 
     that incorporates the results of those vulnerability and 
     hazard assessments.
       (B) Actions and procedures.--A prevention, preparedness, 
     and response plan required under subparagraph (A)(iii) shall 
     include actions and procedures, including safer design and 
     maintenance of the chemical source, to eliminate or 
     significantly lessen the potential consequences of an 
     unauthorized release of a covered substance of concern.
       (C) Threat information.--To the maximum extent permitted by 
     applicable authorities and the interests of national 
     security, the Secretary, in consultation with the 
     Administrator, shall provide owners and operators of chemical 
     sources with threat information relevant to the assessments 
     and plans required under subsection (b).
       (4) Review and revisions.--Not later than 5 years after the 
     date of promulgation of regulations under each of paragraphs 
     (1) and (3), the Administrator, in consultation with the 
     Secretary, shall review the regulations and make any 
     necessary revisions.
       (5) Addition of substances of concern.--For the purpose of 
     designating high priority categories under paragraph (1) or 
     any subsequent revision of the regulations promulgated under 
     paragraph (1), the Administrator, in consultation with the 
     Secretary, may designate additional substances that pose a 
     serious threat as substances of concern.
       (b) Certification.--
       (1) Vulnerability and hazard assessments.--Not later than 1 
     year after the date of promulgation of regulations under 
     subsection (a)(3), each owner and each operator of a chemical 
     source that is within a high priority category designated 
     under subsection (a)(1) shall--
       (A) certify to the Administrator that the chemical source 
     has conducted assessments in accordance with the regulations; 
     and
       (B) submit to the Administrator written copies of the 
     assessments.
       (2) Prevention, preparedness, and response plans.--Not 
     later than 18 months after the date of promulgation of 
     regulations under subsection (a)(3), the owner or operator 
     shall--
       (A) certify to the Administrator that the chemical source 
     has completed a prevention, preparedness, and response plan 
     that incorporates the results of the assessments and complies 
     with the regulations; and
       (B) submit to the Administrator a written copy of the plan.
       (3) 5-year review.--Not later than 5 years after each of 
     the date of submission of a copy of an assessment under 
     paragraph (1) and a plan under paragraph (2), and not less 
     often than every 3 years thereafter, the owner or operator of 
     the chemical source covered by the assessment or plan, in 
     coordination with local law enforcement and first responders, 
     shall--
       (A) review the adequacy of the assessment or plan, as the 
     case may be; and
       (B)(i) certify to the Administrator that the chemical 
     source has completed the review; and

[[Page S11096]]

       (ii) as appropriate, submit to the Administrator any 
     changes to the assessment or plan.
       (4) Protection of information.--
       (A) Disclosure exemption.--Except with respect to 
     certifications specified in paragraphs (1) through (3) of 
     this subsection and section 245(a), all information provided 
     to the Administrator under this subsection, and all 
     information derived from that information, shall be exempt 
     from disclosure under section 552 of title 5, United States 
     Code.
       (B) Development of protocols.--
       (i) In general.--The Administrator, in consultation with 
     the Secretary, shall develop such protocols as are necessary 
     to protect the copies of the assessments and plans required 
     to be submitted under this subsection (including the 
     information contained in those assessments and plans) from 
     unauthorized disclosure.
       (ii) Requirements.--The protocols developed under clause 
     (i) shall ensure that--

       (I) each copy of an assessment or plan, and all information 
     contained in or derived from the assessment or plan, is 
     maintained in a secure location;
       (II) except as provided in subparagraph (C), only 
     individuals designated by the Administrator may have access 
     to the copies of the assessments and plans; and
       (III) no copy of an assessment or plan or any portion of an 
     assessment or plan, and no information contained in or 
     derived from an assessment or plan, shall be available to any 
     person other than an individual designated by the 
     Administrator.

       (iii) Deadline.--As soon as practicable, but not later than 
     1 year after the date of enactment of this Act, the 
     Administrator shall complete the development of protocols 
     under clause (i).
       (C) Federal officers and employees.--An individual referred 
     to in subparagraph (B)(ii) who is an officer or employee of 
     the United States may discuss with a State or local official 
     the contents of an assessment or plan described in that 
     subparagraph.

     SEC. 245. ENFORCEMENT.

       (a) Review of Plans.--
       (1) In general.--The Administrator, in consultation with 
     the Secretary, shall review each assessment and plan 
     submitted under section 244(b) to determine the compliance of 
     the chemical source covered by the assessment or plan with 
     regulations promulgated under paragraphs (1) and (3) of 
     section 244(a).
       (2) Certification of compliance.--
       (A) In general.--The Administrator shall certify in writing 
     each determination of the Administrator under paragraph (1).
       (B) Inclusions.--A certification of the Administrator shall 
     include a checklist indicating consideration by a chemical 
     source of the use of 4 elements of safer design and 
     maintenance described in subparagraphs (A) through (D) of 
     section 243(6).
       (C) Early compliance.--
       (i) In general.--The Administrator, in consultation with 
     the head of the Office, shall--

       (I) before the date of publication of proposed regulations 
     under section 244(a)(3), review each assessment or plan 
     submitted to the Administrator under section 244(b); and
       (II) before the date of promulgation of final regulations 
     under section 244(a)(3), determine whether each such 
     assessment or plan meets the consultation, planning, and 
     assessment requirements applicable to high priority 
     categories under section 244(a)(3).

       (ii) Affirmative determination.--If the Administrator, in 
     consultation with the head of the Office, makes an 
     affirmative determination under clause (i)(II), the 
     Administrator shall certify compliance of an assessment or 
     plan described in that clause without requiring any revision 
     of the assessment or plan.
       (D) Schedule for review and certification.--
       (i) In general.--The Administrator, after taking into 
     consideration the factors described in section 244(a)(2), 
     shall establish a schedule for the review and certification 
     of assessments and plans submitted under section 244(b).
       (ii) Deadline for completion.--Not later than 3 years after 
     the deadlines for the submission of assessments and plans 
     under paragraph (1) or (2), respectively, of section 244(b), 
     the Administrator shall complete the review and certification 
     of all assessments and plans submitted under those sections.
       (b) Compliance Assistance.--
       (1) Definition of determination.--In this subsection, the 
     term ``determination'' means a determination by the 
     Administrator that, with respect to an assessment or plan 
     described in section 244(b)--
       (A) the assessment or plan does not comply with regulations 
     promulgated under paragraphs (1) and (3) of section 244(a); 
     or
       (B)(i) a threat exists beyond the scope of the submitted 
     plan; or
       (ii) current implementation of the plan is insufficient to 
     address--
       (I) the results of an assessment of a source; or
       (II) a threat described in clause (i).
       (2) Determination by administrator.--If the Administrator, 
     after consultation with the Secretary, makes a determination, 
     the Administrator shall--
       (A) notify the chemical source of the determination; and
       (B) provide such advice and technical assistance, in 
     coordination with the Secretary and the United States 
     Chemical Safety and Hazard Investigation Board, as is 
     appropriate--
       (i) to bring the assessment or plan of a chemical source 
     described in section 244(b) into compliance; or
       (ii) to address any threat described in clause (i) or (ii) 
     of paragraph (1)(B).
       (c) Compliance Orders.--
       (1) In general.--If, after the date that is 30 days after 
     the later of the date on which the Administrator first 
     provides assistance, or a chemical source receives notice, 
     under subsection (b)(2)(B), a chemical source has not brought 
     an assessment or plan for which the assistance is provided 
     into compliance with regulations promulgated under paragraphs 
     (1) and (3) of section 244(a), or the chemical source has not 
     complied with an entry or information request under section 
     246, the Administrator may issue an order directing 
     compliance by the chemical source.
       (2) Notice and opportunity for hearing.--An order under 
     paragraph (1) may be issued only after notice and opportunity 
     for a hearing.
       (d) Abatement Action.--
       (1) In general.--Notwithstanding a certification under 
     section 245(a)(2), if the Secretary, in consultation with 
     local law enforcement officials and first responders, 
     determines that a threat of a terrorist attack exists that is 
     beyond the scope of a submitted prevention, preparedness, and 
     response plan of 1 or more chemical sources, or current 
     implementation of the plan is insufficient to address the 
     results of an assessment of a source or a threat described in 
     subsection (b)(1)(B)(i), the Secretary shall notify each 
     chemical source of the elevated threat.
       (2) Insufficient response.--If the Secretary determines 
     that a chemical source has not taken appropriate action in 
     response to a notification under paragraph (1), the Secretary 
     shall notify the chemical source, the Administrator, and the 
     Attorney General that actions taken by the chemical source in 
     response to the notification are insufficient.
       (3) Relief.--
       (A) In general.--On receipt of a notification under 
     paragraph (2), the Administrator or the Attorney General may 
     secure such relief as is necessary to abate a threat 
     described in paragraph (1), including such orders as are 
     necessary to protect public health or welfare.
       (B) Jurisdiction.--The district court of the United States 
     for the district in which a threat described in paragraph (1) 
     occurs shall have jurisdiction to grant such relief as the 
     Administrator or Attorney General requests under subparagraph 
     (A).

     SEC. 246. RECORDKEEPING AND ENTRY.

       (a) Records Maintenance.--A chemical source that is 
     required to certify to the Administrator assessments and 
     plans under section 244 shall maintain on the premises of the 
     chemical source a current copy of those assessments and 
     plans.
       (b) Right of Entry.--In carrying out this subtitle, the 
     Administrator (or an authorized representative of the 
     Administrator), on presentation of credentials--
       (1) shall have a right of entry to, on, or through any 
     premises of an owner or operator of a chemical source 
     described in subsection (a) or any premises in which any 
     records required to be maintained under subsection (a) are 
     located; and
       (2) may at reasonable times have access to, and may copy, 
     any records, reports, or other information described in 
     subsection (a).
       (c) Information Requests.--In carrying out this subtitle, 
     the Administrator may require any chemical source to provide 
     such information as is necessary to--
       (1) enforce this subtitle; and
       (2) promulgate or enforce regulations under this subtitle.

     SEC. 247. PENALTIES.

       (a) Civil Penalties.--Any owner or operator of a chemical 
     source that violates, or fails to comply with, any order 
     issued may, in an action brought in United States district 
     court, be subject to a civil penalty of not more than $25,000 
     for each day in which such violation occurs or such failure 
     to comply continues.
       (b) Criminal Penalties.--Any owner or operator of a 
     chemical source that knowingly violates, or fails to comply 
     with, any order issued shall--
       (1) in the case of a first violation or failure to comply, 
     be fined not less than $2,500 nor more than $25,000 per day 
     of violation, imprisoned not more than 1 year, or both; and
       (2) in the case of a subsequent violation or failure to 
     comply, be fined not more than $50,000 per day of violation, 
     imprisoned not more than 2 years, or both.
       (c) Administrative Penalties.--
       (1) Penalty orders.--If the amount of a civil penalty 
     determined under subsection (a) does not exceed $125,000, the 
     penalty may be assessed in an order issued by the 
     Administrator.
       (2) Notice and hearing.--Before issuing an order described 
     in paragraph (1), the Administrator shall provide to the 
     person against which the penalty is to be assessed--
       (A) written notice of the proposed order; and
       (B) the opportunity to request, not later than 30 days 
     after the date on which the notice is received by the person, 
     a hearing on the proposed order.

     SEC. 248. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

       Nothing in this subtitle affects any duty or other 
     requirement imposed under any other Federal or State law.

[[Page S11097]]

     SEC. 249. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this subtitle.
                                 ______
                                 
  SA 4927. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 86, strike lines 18 through 23, and insert the 
     following:
       (B) advance the development, testing and evaluation, and 
     deployment of critical homeland security technologies;
       (C) accelerate the prototyping and deployment of 
     technologies that would address homeland security 
     vulnerabilities; and
       (D) to support the development of--
       (i) methods to increase the ability of the Customs Service 
     to inspect, or target for inspection, merchandise carried on 
     any vessel that will arrive or has arrived at any port or 
     place in the United States;
       (ii) equipment to accurately detect explosives, or chemical 
     and biological agents that could be used to commit terrorist 
     acts against the United States;
       (iii) equipment to accurately detect nuclear materials, 
     including scintillation-based detection equipment capable of 
     attachment to spreaders to signal the presence of nuclear 
     materials during the unloading of containers;
       (iv) improved tags and seals designed for use on shipping 
     containers to track the transportation of the merchandise in 
     such containers, including ``smart sensors'' that are able to 
     track a container throughout its entire supply chain, detect 
     hazardous and radioactive materials within that container, 
     and transmit such information to the appropriate authorities 
     at a remote location;
       (v) tools to mitigate the consequences of a terrorist act 
     at a port of the United States, including a network of 
     sensors to predict the dispersion of radiological, chemical, 
     or biological agents that might be intentionally or 
     accidentally released; and
       (vi) applications to apply existing technologies from other 
     industries to increase overall port security.
                                 ______
                                 
  SA 4928. Mr. LEVIN submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 246, line 21, strike ``and'' and insert ``or''.
       On page 246, line 24, strike ``and'' and insert ``or''.
                                 ______
                                 
  SA 4929. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 208, insert between lines 7 and 8 the following:

     SEC. 510. JOINT SPONSORSHIP ARRANGEMENTS.

       The Secretary may enter into joint sponsorship arrangements 
     under section 309(b) for sites used for emergency 
     preparedness and response training.
                                 ______
                                 
  SA 4930. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes, which was ordered to lie on the table; as 
follows:

       On page 248, line 1, between ``59,'' and ``72,'' add 
     ``71,''.
                                 ______
                                 
  SA 4931. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 the amendment strike from page 248 through page 260 and 
     insert the following:
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
       ``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and 
     this chapter.
       ``(d) Limitations Relating to Pay.--Nothing in this section 
     shall constitute authority--
       ``(1) to modify the pay of any employee who serves in--
       ``(A) an Executive Schedule position under subchapter II of 
     chapter 53 of title 5, United States Code; or
       ``(B) a position for which the rate of basic pay is fixed 
     in statute by reference to a section or level under 
     subchapter II of chapter 53 of such title 5;
       ``(2) to fix pay for any employee or position at an annual 
     rate greater than the maximum amount of cash compensation 
     allowable under section 5307 of such title 5 in a year; or
       ``(3) to exempt any employee from the application of such 
     section 5307.
       ``(e) Provisions to Ensure Collaboration With Employee 
     Representatives.--
       ``(1) In general.--In order to ensure that the authority of 
     this section is exercised in collaboration with, and in a 
     manner that ensures the participation of employee 
     representatives in the planning, development, and 
     implementation of any human resources management system or 
     adjustments to such system under this section, the Secretary 
     of Homeland Security and the Director of the Office of 
     Personnel Management shall provide for the following:
       ``(A) Notice of proposal.--The Secretary and the Director 
     shall, with respect to any proposed system or adjustment--
       ``(i) provide to each employee representative representing 
     any employees who might be affected, a written description of 
     the proposed system or adjustment (including the reasons why 
     it is considered necessary);
       ``(ii) give each representative 30 calendar days (unless 
     extraordinary circumstances require earlier action) to review 
     and make recommendations with respect to the proposal; and
       ``(iii) give any recommendations received from any such 
     representatives under clause (ii) full and fair consideration 
     in deciding whether or how to proceed with the proposal.
       ``(B) Pre-implementation congressional notification, 
     consultation, and mediation.--Following receipt of 
     recommendations, if any, from employee representatives with 
     respect to a proposal described in subparagraph (A), the 
     Secretary and the Director shall accept such modifications to 
     the proposal in response to the recommendations as they 
     determine advisable and shall, with respect to any parts of 
     the proposal as to which they have not accepted the 
     recommendations--
       ``(i) notify Congress of those parts of the proposal, 
     together with the recommendations of employee 
     representatives;
       ``(ii) meet and confer for not less than 30 calendar days 
     with any representatives who have made recommendations, in 
     order to attempt to reach agreement on whether or how to 
     proceed with those parts of the proposal; and
       ``(iii) at the Secretary's option, or if requested by a 
     majority of the employee representatives who have made 
     recommendations, use the services of the Federal Mediation 
     and Conciliation Service during such meet and confer period 
     to facilitate the process of attempting to reach agreement.
       ``(C) Implementation.--
       ``(i) Any part of the proposal as to which the 
     representatives do not make a recommendation, or as to which 
     their recommendations are accepted by the Secretary and the 
     Director, may be implemented immediately.
       ``(ii) With respect to any parts of the proposal as to 
     which recommendations have been made but not accepted by the 
     Secretary and the Director, at any time after 30 calendar 
     days have elapsed since the initiation of the congressional 
     notification, consultation, and mediation procedures set 
     forth in subparagraph (B), if the Secretary determines, in 
     the Secretary's sole and unreviewable discretion, that 
     further consultation and mediation is unlikely to produce 
     agreement, the Secretary may implement any or all of such 
     parts, including any modifications made in response to the 
     recommendations as the Secretary determines advisable.
       ``(iii) The Secretary shall promptly notify Congress of the 
     implementation of any part of the proposal and shall furnish 
     with such notice an explanation of the proposal, any changes 
     made to the proposal as a result of recommendations from 
     employee representatives, and of the reasons why 
     implementation is appropriate under this subparagraph.
       ``(D) Continuing collaboration.--If a proposal described in 
     subparagraph (A) is implemented, the Secretary and the 
     Director shall--
       ``(i) develop a method for each employee representative to 
     participate in any further planning or development which 
     might become necessary; and
       ``(ii) give each employee representative adequate access to 
     information to make that participation productive.
       ``(2) Procedures.--Any procedures necessary to carry out 
     this subsection shall be established by the Secretary and the 
     Director jointly as internal rules of departmental procedure 
     which shall not be subject to review. Such procedures shall 
     include measures to ensure--
       ``(A) in the case of employees within a unit with respect 
     to which a labor organization is accorded exclusive 
     recognition, representation by individuals designated or from 
     among individuals nominated by such organization;
       ``(B) in the case of any employees who are not within such 
     a unit, representation by any appropriate organization which 
     represents a substantial percentage of those employees or, if 
     none, in such other manner as may be appropriate, consistent 
     with the purposes of the subsection;

[[Page S11098]]

       ``(C) the fair and expeditious handling of the consultation 
     and mediation process described in subparagraph (B) of 
     paragraph (1), including procedures by which, if the number 
     of employee representatives providing recommendations exceeds 
     5, such representatives select a committee or other unified 
     representative with which the Secretary and Director may meet 
     and confer; and
       ``(D) the selection of representatives in a manner 
     consistent with the relative number of employees represented 
     by the organizations or other representatives involved.
       ``(f) Provisions Relating to Appellate Procedures.--
       (1) Sense of congress.--It is the sense of Congress that--
       ``(A) employees of the Department are entitled to fair 
     treatment in any appeals that they bring in decisions 
     relating to their employment; and
       ``(B) in prescribing regulations for any such appeals 
     procedures, the Secretary and the Director of the Office of 
     Personnel Management--
       ``(i) should ensure that employees of the Department are 
     afforded the protections of due process; and
       ``(ii) toward that end, should be required to consult with 
     the Merit Systems Protection Board before issuing any such 
     regulations.
       ``(2) Requirements.--Any regulations under this section 
     which relate to any matters within the purview of chapter 
     77--
       ``(A) shall be issued only after consultation with the 
     Merit Systems Protection Board;
       ``(B) shall ensure the availability of procedures which 
     shall--
       ``(i) be consistent with requirements of due process; and
       ``(ii) provide, to the maximum extent practicable, for the 
     expeditious handling of any matters involving the Department; 
     and
       ``(C) shall modify procedures under chapter 77 only insofar 
     as such modifications are designed to further the fair, 
     efficient, and expeditious resolution of matters involving 
     the employees of the Department.
       ``(g) Provisions Relating to Labor-Management Relations.--
     Nothing in this section shall be construed as conferring 
     authority on the Secretary of Homeland Security to modify any 
     of the provisions of section 842 of the Homeland Security Act 
     of 2002.
       ``(h) Sunset Provision.--Effective 5 years after the 
     conclusion of the transition period defined under section 
     1501 of the Homeland Security Act of 2002, all authority to 
     issue regulations under this section (including regulations 
     which would modify, supersede, or terminate any regulations 
     previously issued under this section) shall cease to be 
     available.''.
       (3) Technical and conforming amendment.--The table of 
     chapters for part III of title 5, United States Code, is 
     amended by adding at the end of the following:

``97. Department of Homeland Security.......................9701''.....

       (b) Effect on Personnel.--
       (1) Nonseparation or nonreduction in grade or compensation 
     of full-time personnel and part-time personnel holding 
     permanent positions.--Except as otherwise provided in this 
     Act, the transfer under this Act of full-time personnel 
     (except special Government employees) and part-time personnel 
     holding permanent positions shall not cause any such employee 
     to be separated or reduced in grade or compensation for 1 
     year after the date of transfer to the Department.
       (2) Positions compensated in accordance with executive 
     schedule.--Any person who, on the day preceding such person's 
     date of transfer pursuant to this Act, held a position 
     compensated in accordance with the Executive Schedule 
     prescribed in chapter 53 of title 5, United States Code, and 
     who, without a break in service, is appointed in the 
     Department to a position having duties comparable to the 
     duties performed immediately preceding such appointment shall 
     continue to be compensated in such new position at not less 
     than the rate provided for such position, for the duration of 
     the service of such person in such new position.
       (3) Coordination rule.--Any exercise of authority under 
     chapter 97 of title 5, United States Code (as amended by 
     subsection (a)), including under any system established under 
     such chapter, shall be in conformance with the requirements 
     of this subsection.
                                 ______
                                 
  SA 4932. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

         On page 268, strike line 19 and all that follows through 
     page 280, line 5.
                                 ______
                                 
  SA 4933. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

         On page 302, strike line 21 and all that follows through 
     page 303, line 19.
                                 ______
                                 
  SA 4934. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

         On page 60, line 8, strike all through ``(5 U.S.C. 2 
     App.))'' on line 9.
                                 ______
                                 
  SA 4935. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

         On page 280, beginning on line 11, strike ``An advisory 
     committee established under this section'' and all that 
     follows through line 24.
                                 ______
                                 
  SA 4936. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 244, strike line 19 and all that follows through 
     page 260, line 23, and insert the following:

     SEC. 841. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.

       (a) Authority.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) it is extremely important that employees of the 
     Department be allowed to participate in a meaningful way in 
     the creation of any human resources management system 
     affecting them;
       (B) such employees have the most direct knowledge of the 
     demands of their jobs and have a direct interest in ensuring 
     that their human resources management system is conducive to 
     achieving optimal operational efficiencies;
       (C) the 21st century human resources management system 
     envisioned for the Department should be one that benefits 
     from the input of its employees; and
       (D) this collaborative effort will help secure our 
     homeland.
       (2) In general.--Subpart I of part III of title 5, United 
     States Code, is amended by adding at the end the following:

             ``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY

``Sec.
``9701. Establishment of human resources management system by the 
              Secretary.
``9702. Establishment of human resources management system by the 
              President.

     ``Sec. 9701. Establishment of human resources management 
       system by the Secretary

       ``(a) In General.--Notwithstanding any other provision of 
     this part, the Secretary of Homeland Security may, in 
     regulations prescribed jointly with the Director of the 
     Office of Personnel Management, establish, and from time to 
     time adjust, a human resources management system for some or 
     all of the organizational units of the Department of Homeland 
     Security.
       ``(b) System Requirements.--Any system established under 
     subsection (a) shall--
       ``(1) be flexible;
       ``(2) be contemporary;
       ``(3) not waive, modify, or otherwise affect--
       ``(A) the public employment principles of merit and fitness 
     set forth in section 2301, including the principles of hiring 
     based on merit, fair treatment without regard to political 
     affiliation or other nonmerit considerations, equal pay for 
     equal work, and protection of employees against reprisal for 
     whistleblowing;
       ``(B) any provision of section 2302, relating to prohibited 
     personnel practices;
       ``(C)(i) any provision of law referred to in section 
     2302(b)(1); or
       ``(ii) any provision of law implementing any provision of 
     law referred to in section 2302(b)(1) by--
       ``(I) providing for equal employment opportunity through 
     affirmative action; or
       ``(II) providing any right or remedy available to any 
     employee or applicant for employment in the civil service;
       ``(D) any other provision of this part (as described in 
     subsection (c)); or
       ``(E) any rule or regulation prescribed under any provision 
     of law referred to in any of the preceding subparagraphs of 
     this paragraph;
       ``(4) ensure that employees may organize, bargain 
     collectively, and participate through labor organizations of 
     their own choosing in decisions which affect them, subject to 
     any exclusion from coverage or limitation on negotiability 
     established by law; and
       ``(5) permit the use of a category rating system for 
     evaluating applicants for positions in the competitive 
     service.
       ``(c) Other Nonwaivable Provisions.--The other provisions 
     of this part, as referred to

[[Page S11099]]

     in subsection (b)(3)(D), are (to the extent not otherwise 
     specified in subparagraph (A), (B), (C), or (D) of subsection 
     (b)(3))--
       ``(1) subparts A, B, E, G, and H of this part; and
       ``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and 
     this chapter.
       ``(d) Limitations Relating to Pay.--Nothing in this section 
     shall constitute authority--
       ``(1) to modify the pay of any employee who serves in--
       ``(A) an Executive Schedule position under subchapter II of 
     chapter 53 of title 5, United States Code; or
       ``(B) a position for which the rate of basic pay is fixed 
     in statute by reference to a section or level under 
     subchapter II of chapter 53 of such title 5;
       ``(2) to fix pay for any employee or position at an annual 
     rate greater than the maximum amount of cash compensation 
     allowable under section 5307 of such title 5 in a year; or
       ``(3) to exempt any employee from the application of such 
     section 5307.
       ``(e) Provisions To Ensure Collaboration With Employee 
     Representatives.--
       ``(1) In general.--In order to ensure that the authority of 
     this section is exercised in collaboration with, and in a 
     manner that ensures the direct participation of employee 
     representatives in the planning development, and 
     implementation of any human resources management system or 
     adjustments under this section, the Secretary and the 
     Director of the Office of Personnel Management shall provide 
     for the following:
       ``(A) Notice of proposal.-- The Secretary and the Director 
     shall, with respect to any proposed system or adjustment--
       ``(i) provide to each employee representative representing 
     any employees who might be affected, a written description of 
     the proposed system or adjustment (including the reasons why 
     it is considered necessary);
       ``(ii) give each representative at least 60 days (unless 
     extraordinary circumstances require earlier action) to review 
     and make recommendations with respect to the proposal; and
       ``(iii) give any recommendations received from any such 
     representatives under clause (ii) full and fair consideration 
     in deciding whether or how to proceed with the proposal.
       ``(B) Preimplementation requirements.--If the Secretary and 
     the Director decide to implement a proposal described in 
     subparagraph (A), they shall before implementation--
       ``(i) give each representative details of the decision to 
     implement the proposal, together with the information upon 
     which the decision is based;
       ``(ii) give each representative an opportunity to make 
     recommendations with respect to the proposal; and
       ``(iii) give such recommendation full and fair 
     consideration, including the providing of reasons to an 
     employee representative if any of its recommendations are 
     rejected.
       ``(C) Continuing collaboration.--If a proposal described in 
     subparagraph (A) is implemented, the Secretary and the 
     Director shall--
       ``(i) develop a method for each employee representative to 
     participate in any further planning or development which 
     might become necessary; and
       ``(ii) give each employee representative adequate access to 
     information to make that participation productive.
       ``(2) Procedures.--Any procedures necessary to carry out 
     this subsection shall be established by the Secretary and the 
     Director jointly. Such procedures shall include measures to 
     ensure--
       ``(A) in the case of employees within a unit with respect 
     to which a labor organization is accorded exclusive 
     recognition, representation by individuals designated or from 
     among individuals nominated by such organization;
       ``(B) in the case of any employees who are not within such 
     a unit, representation by any appropriate organization which 
     represents a substantial percentage of those employees or, if 
     none, in such other manner as may be appropriate, consistent 
     with the purposes of the subsection; and
       ``(C) the selection of representatives in a manner 
     consistent with the relative number of employees represented 
     by the organizations or other representatives involved.
       ``(3) Written agreement.--Notwithstanding any other 
     provision of this part, employees within a unit to which a 
     labor organization is accorded exclusive recognition under 
     chapter 71 shall not be subject to any system provided under 
     this section unless the exclusive representative and the 
     Secretary have entered into a written agreement, which 
     specifically provides for the inclusion of such employees 
     within such system. Such written agreement may be imposed by 
     the Federal Service Impasses Panel under section 7119, after 
     negotiations consistent with section 7117.
       ``(f) Provisions Relating to Appellate Procedures.--
       ``(1) Sense of congress.--It is the sense of Congress 
     that--
       ``(A) employees of the Department are entitled to fair 
     treatment in any appeals that they bring in decisions 
     relating to their employment; and
       ``(B) in prescribing regulations for any such appeals 
     procedures, the Secretary and the Director of the Office of 
     Personnel Management--
       ``(i) should ensure that employees of the Department are 
     afforded the protections of due process; and
       ``(ii) toward that end, should be required to consult with 
     the Merit Systems Protection Board before issuing any such 
     regulations.
       ``(2) Requirements.--Any regulations under this section 
     which relate to any matters within the purview of chapter 
     77--
       ``(A) shall be issued only after consultation with the 
     Merit Systems Protection Board;
       ``(B) shall ensure the availability of procedures which 
     shall--
       ``(i) be fully consistent with requirements of due process; 
     and
       ``(ii) provide, to the maximum extent practicable, for the 
     expeditious handling of any matters involving the Department; 
     and
       ``(C) shall modify procedures under chapter 77 only insofar 
     as such modifications are designed to further the fair, 
     efficient, and expeditious resolution of matters involving 
     the employees of the Department.
       ``(g) Sunset Provision.--Effective 5 years after the 
     conclusion of the transition period defined under section 
     1501 of the Homeland Security Act of 2002, all authority to 
     issue regulations under this section (including regulations 
     which would modify, supersede, or terminate any regulations 
     previously issued under this section and section 9702) shall 
     cease to be available.

     ``Sec. 9702. Determination by the President

       ``The authority under section 9701 to establish or impose a 
     human resources management system shall be exercised only 
     when the President issues an order determining that--
       ``(1) the affected agency or subdivision has, as a primary 
     function, intelligence, counterintelligence, investigative, 
     or national security work;
       ``(2) the provisions of chapter 43, 51, 53, 71, 75, or 77 
     or of the imposed agreement cannot be applied to that agency 
     or subdivision in a manner consistent with national security 
     requirements and considerations;
       ``(3) the mission and responsibilities of the affected 
     agency or subdivision have materially changed; and
       ``(4) a majority of the employees within that agency or 
     subdivision have, as their primary duty, intelligence, 
     counterintelligence, or investigative work directly related 
     to terrorism investigation.''.
       (3) Clerical amendment.--The table of chapters for part III 
     of title 5, United States Code, is amended by adding at the 
     end of the following:

``97. Department of Homeland Security.......................9701''.....

       (b) Effect on Personnel.--
       (1) Nonseparation or nonreduction in grade or compensation 
     of full-time personnel and part-time personnel holding 
     permanent positions.--Except as otherwise provided in this 
     Act, the transfer pursuant to this Act of full-time personnel 
     (except special Government employees) and part-time personnel 
     holding permanent positions shall not cause any such employee 
     to be separated or reduced in grade or compensation for one 
     year after the date of transfer to the Department.
       (2) Positions compensated in accordance with executive 
     schedule.--Any person who, on the day preceding such person's 
     date of transfer pursuant to this Act, held a position 
     compensated in accordance with the Executive Schedule 
     prescribed in chapter 53 of title 5, United States Code, and 
     who, without a break in service, is appointed in the 
     Department to a position having duties comparable to the 
     duties performed immediately preceding such appointment shall 
     continue to be compensated in such new position at not less 
     than the rate provided for such position, for the duration of 
     the service of such person in such new position.
       (3) Coordination rule.--Any exercise of authority under 
     chapter 97 of title 5, United States Code (as amended by 
     subsection (a)), including under any system established under 
     such chapter, shall be in conformance with the requirements 
     of this subsection.

     SEC. 842. LABOR-MANAGEMENT RELATIONS.

       (a) Exclusionary Authority.--
       (1) In general.--Subject to paragraph (2), the President 
     may issue an order excluding any executive agency, or 
     subdivision thereof, from coverage under chapter 71 of title 
     5, United States Code, if the President determines that--
       (A) the agency or subdivision has, as a primary function, 
     intelligence, counterintelligence, investigative, or national 
     security work; and
       (B) the provisions of such chapter 71 cannot be applied to 
     that agency or subdivision in a matter consistent with 
     national security requirements and considerations.
       (2) Additional determination.--In addition to the 
     requirements under paragraph (1), the President may issue an 
     order excluding any executive agency, or subdivision thereof, 
     transferred to the Department under this Act, from coverage 
     under chapter 71 of title 5, United States Code, only if the 
     President determines that--
       (A) the mission and responsibilities of the agency or 
     subdivision materially change; and
       (B) a majority of the employees within such agency or 
     subdivision have, as their primary duty, intelligence, 
     counterintelligence, or investigative work directly related 
     to terrorism investigation.
       (3) Exclusions allowable.--Nothing in paragraph (1) or (2) 
     shall affect the effectiveness of any order to the extent 
     that such order excludes any portion of an agency or 
     subdivision of an agency as to which--
       (A) recognition as an appropriate unit has never been 
     conferred for purposes of chapter 71 of title 5, United 
     States Code; or

[[Page S11100]]

       (B) any such recognition has been revoked or otherwise 
     terminated as a result of a determination under subsection 
     (b)(1).
       (b) Provisions Relating to Bargaining Units.--Each unit, 
     which is recognized as an appropriate unit for purposes of 
     chapter 71 of title 5, United States Code, as of the day 
     before the effective date of this Act (and any subdivision of 
     any such unit) shall, if such unit (or subdivision) is 
     transferred to the Department under this Act, continue to be 
     so recognized for such purposes, unless--
       (1) the mission and responsibilities of the personnel in 
     such unit (or subdivision), or the threats of domestic 
     terrorism being addressed by the personnel in such unit (or 
     subdivision), materially change; and
       (2) a substantial number of the employees within such unit 
     (or subdivision) have as their primary duty intelligence, 
     counterintelligence, or investigative work directly related 
     to terrorism investigation.
       (c) Waiver.--If the President determines that the 
     application of subsections (a) and (b), would have a 
     substantial adverse impact on the ability of the Department 
     to protect homeland security, the President may waive the 
     application of such subsections 10 days after the President 
     has submitted to Congress a written explanation of the 
     reasons for such determination.
       (d) Coordination Rule.--No other provision of this Act or 
     of any amendment made by this Act may be construed or applied 
     in a manner so as to limit, supersede, or otherwise affect 
     the provisions of this section, except to the extent that it 
     does so by specific reference to this section.
                                 ______
                                 
  SA 4937. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 451, strike line 17 and all that follows through 
     page 452, line 12, and insert the following:
       (d) Effective Date and Publication of Reorganization 
     Plans.--
       (1) Effective date.--Except as provided under paragraph 
     (3), a reorganization plan shall be effective upon approval 
     by the President of a resolution (as defined in subsection 
     (g)) with respect to such plan, only if such resolution is 
     passed by the House of Representatives and the Senate, within 
     the first period of 90 calendar days of continuous session of 
     Congress after the date on which the plan is transmitted to 
     Congress.
       (2) Session of congress.--For the purpose of this section--
       (A) continuity of session is broken only by an adjournment 
     of Congress sine die; and
       (B) the days on which either House is not in session 
     because of an adjournment of more than 3 days to a day 
     certain are excluded in the computation of any period of time 
     in which Congress is in continuous session.
       (3) Later effective date.--Under provisions contained in a 
     reorganization plan, any provision thereof may be effective 
     at a time later than the date on which the plan otherwise is 
     effective.
       (4) Publication of plan.--A reorganization plan which is 
     effective shall be printed--
       (A) in the Statutes at Large in the same volume as the 
     public laws; and
       (B) in the Federal Register.
       (e) Effect On Other Laws; Pending Legal Proceedings.--
       (1) Effect on laws.--
       (A) Definition.--In this paragraph, the term ``regulation 
     or other action'' means a regulation, rule, order, policy, 
     determination, directive, authorization, permit, privilege, 
     requirement, designation, or other action.
       (B) Effect.--A statute enacted, and a regulation or other 
     action made, prescribed, issued, granted, or performed in 
     respect of or by an agency or function affected by a 
     reorganization under this section, before the effective date 
     of the reorganization, has, except to the extent rescinded, 
     modified, superseded, or made inapplicable by or under 
     authority of law or by the abolition of a function, the same 
     effect as if the reorganization had not been made. However, 
     if the statute, regulation, or other action has vested the 
     functions in the agency from which it is removed under the 
     reorganization plan, the function, insofar as it is to be 
     exercised after the plan becomes effective, shall be deemed 
     as vested in the agency under which the function is placed in 
     the plan.
       (2) Pending legal proceedings.--A suit, action, or other 
     proceeding lawfully commenced by or against the head of an 
     agency or other officer of the United States, in the 
     officer's official capacity or in relation to the discharge 
     of the officer's official duties, does not abate by reason of 
     the taking effect of a reorganization plan under this 
     section. On motion or supplemental petition filed at any time 
     within 12 months after the reorganization plan takes effect, 
     showing a necessity for a survival of the suit, action, or 
     other proceeding to obtain a settlement of the questions 
     involved, the court may allow the suit, action, or other 
     proceeding to be maintained by or against the successor of 
     the head or officer under the reorganization effected by the 
     plan or, if there is no successor, against such agency or 
     officer as the President designates.
       (f) Rules of Senate and House of Representatives On 
     Reorganization Plans.--Subsections (g) through (j) are 
     enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they are deemed a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of 
     resolutions with respect to any reorganization plans 
     transmitted to Congress (in accordance with subsection (a)); 
     and they supersede other rules only to the extent that they 
     are inconsistent therewith; and
       (2) with the full recognition of the constitutional right 
     of either House to change the rules (so far as relating to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.
       (g) Terms of Resolution.--For the purposes of subsections 
     (f) through (j), ``resolution'' means only a joint resolution 
     of Congress, the matter after the resolving clause of which 
     is as follows: ``That Congress approves the reorganization 
     plan transmitted to Congress by the President on 
     ____________, 20____.'', and includes such modifications and 
     revisions as are submitted by the President under subsection 
     (c). The blank spaces therein are to be filled appropriately. 
     The term does not include a resolution which specifies more 
     than 1 reorganization plan.
       (h) Introduction and Reference of Resolution.--
       (1) Introduction.--No later than the first day of session 
     following the day on which a reorganization plan is 
     transmitted to the House of Representatives and the Senate 
     under subsection (a), a resolution, as defined in subsection 
     (g), shall be--
       (A) introduced (by request) in the House by the chairman of 
     the Government Reform Committee of the House, or by a Member 
     or Members of the House designated by such chairman; and
       (B) introduced (by request) in the Senate by the chairman 
     of the Governmental Affairs Committee of the Senate, or by a 
     Member or Members of the Senate designated by such chairman.
       (2) Referral.--A resolution with respect to a 
     reorganization plan shall be referred to the Committee on 
     Governmental Affairs of the Senate and the Committee on 
     Government Reform of the House (and all resolutions with 
     respect to the same plan shall be referred to the same 
     committee) by the President of the Senate or the Speaker of 
     the House of Representatives, as the case may be. The 
     committee shall make its recommendations to the House of 
     Representatives or the Senate, respectively, within 75 
     calendar days of continuous session of Congress following the 
     date of such resolution's introduction.
       (i) Discharge of Committee Considering Resolution.--If the 
     committee to which is referred a resolution introduced 
     pursuant to subsection (h)(1) has not reported such a 
     resolution or identical resolution at the end of 75 calendar 
     days of continuous session of Congress after its 
     introduction, such committee shall be deemed to be discharged 
     from further consideration of such resolution and such 
     resolution shall be placed on the appropriate calendar of the 
     House involved.
       (j) Procedure After Report or Discharge of Committees; 
     Debate; Vote On Final Passage.--
       (1) Procedure.--When the committee has reported, or has 
     been deemed to be discharged (under subsection (i)) from 
     further consideration of, a resolution with respect to a 
     reorganization plan, it is at any time thereafter in order 
     (even though a previous motion to the same effect has been 
     disagreed to) for any Member of the respective House to move 
     to proceed to the consideration of the resolution. The motion 
     is highly privileged and is not debatable. The motion shall 
     not be subject to amendment, or to any motion to postpone, or 
     a motion to proceed to the consideration of other business. A 
     motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order. If a motion to 
     proceed to the consideration of the resolution is agreed to, 
     the resolution shall remain the unfinished business of the 
     respective House until disposed of.
       (2) Debate.--Debate on the resolution, and on all debatable 
     motions and appeals in connection therewith, shall be limited 
     to not more than 10 hours, which shall be divided equally 
     between individuals favoring and individuals opposing the 
     resolution. A motion further to limit debate is in order and 
     not debatable. An amendment to, or a motion to recommit the 
     resolution is not in order. A motion to reconsider the vote 
     by which the resolution is passed or rejected shall not be in 
     order.
       (3) Vote on final passage.--Immediately following the 
     conclusion of the debate on the resolution with respect to a 
     reorganization plan, and a single quorum call at the 
     conclusion of the debate if requested in accordance with the 
     rules of the appropriate House, the vote on final passage of 
     the resolution shall occur.
       (4) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate or the 
     House of Representatives, as the case may be, to the 
     procedure relating to a resolution with respect to a 
     reorganization plan shall be decided without debate.

[[Page S11101]]

       (5) Prior passage.--If, prior to the passage by 1 House of 
     a resolution of that House, that House receives a resolution 
     with respect to the same reorganization plan from the other 
     House, then--
       (A) the procedure in that House shall be the same as if no 
     resolution had been received from the other House; but
       (B) the vote on final passage shall be on the resolution of 
     the other House.
                                 ______
                                 
  SA 4938. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 222, strike line 18 and all that follows through 
     page 225, line 12, and insert the following:

     SEC. 811. INSPECTOR GENERAL.

       (a) In General.--There shall be in the Department an 
     Inspector General. The Inspector General and the Office of 
     Inspector General shall be subject to the Inspector General 
     Act of 1978 (5 U.S.C. App.).
       (b) Establishment.--Section 11 of the Inspector General Act 
     of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (1), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''; and
       (2) in paragraph (2), by inserting ``Homeland Security,'' 
     after ``Health and Human Services,''.
       (c) Assistant Inspector General for Civil Rights and Civil 
     Liberties.--
       (1) In general.--There shall be in the Office of Inspector 
     General an Assistant Inspector General for Civil Rights and 
     Civil Liberties (in this section referred to as the 
     ``Assistant Inspector General''), who shall be appointed 
     without regard to political affiliation and solely on the 
     basis of demonstrated ability in civil rights and civil 
     liberties, law, management analysis, investigations, and 
     public relations.
       (2) Responsibilities of the assistant inspector general.--
     The Assistant Inspector General shall--
       (A) review information and receive complaints from any 
     source alleging abuses of civil rights and civil liberties 
     by--
       (i) employees and officials of the Department;
       (ii) independent contractors retained by the Department; or
       (iii) grantees of the Department;
       (B) conduct such investigations as the Assistant Inspector 
     General considers necessary, either self-initiated or in 
     response to complaints, to determine the policies and 
     practices to protect civil rights and civil liberties of--
       (i) the Department;
       (ii) any unit of the Department;
       (iii) independent contractors employed by the Department; 
     or
       (iv) grantees of the Department;
       (C) conduct investigations of the programs and operations 
     of the Department to determine whether the Department's civil 
     rights and civil liberties policies are being effectively 
     implemented, except that the Assistant Inspector General 
     shall not have any responsibility for the enforcement of the 
     Equal Employment Opportunities Act;
       (D) inform the Secretary and Congress of weaknesses, 
     problems, and deficiencies within the Department relating to 
     civil rights and civil liberties;
       (E) provide prompt notification to the Officer for Civil 
     Rights and Civil Liberties of any complaints of violations of 
     civil rights or civil liberties, and consult with the Officer 
     for Civil Rights and Civil Liberties regarding the 
     investigation of such complaints, upon request or as 
     appropriate;
       (F) publicize, in multiple languages, through the Internet, 
     radio, television, and newspaper advertisements--
       (i) information on the responsibilities and functions of 
     the Assistant Inspector General; and
       (ii) instructions on how to contact the Assistant Inspector 
     General; and
       (G) on a semi-annual basis, submit to Congress, for 
     referral to the appropriate committee or committees, a 
     report--
       (i) describing the implementation of this subsection, 
     including the number of complaints received and a general 
     description of any complaints received and investigations 
     undertaken either in response to a complaint or on the 
     initiative of the Assistant Inspector General;
       (ii) detailing any civil rights abuses under subparagraph 
     (A); and
       (iii) accounting for the expenditure of funds to carry out 
     this subsection.
       (d) Additional Provisions With Respect to the Inspector 
     General of the Department of Homeland Security.--The 
     Inspector General Act of 1978 (5 U.S.C. App.) is amended--
       (1) by redesignating section 8I as section 8J; and
       (2) by inserting after section 8H the following:


   Special provisions concerning the Department of Homeland Security

       ``Sec. 8I. (a)(1) Notwithstanding the last 2 sentences of 
     section 3(a), the Inspector General of the Department of 
     Homeland Security (in this section referred to as the 
     ``Inspector General'') shall be under the authority, 
     direction, and control of the Secretary of Homeland Security 
     (in this section referred to as the ``Secretary'') with 
     respect to audits or investigations, or the issuance of 
     subpoenas, which require access to sensitive information 
     concerning--
       ``(A) intelligence or counterintelligence matters;
       ``(B) ongoing criminal investigations or proceedings;
       ``(C) undercover operations;
       ``(D) the identity of confidential sources, including 
     protected witnesses;
       ``(E) other matters the disclosure of which would 
     constitute a serious threat to the protection of any person 
     or property authorized protection by--
       ``(i) section 3056 of title 18, United States Code;
       ``(ii) section 202 of title 3, United States Code; or
       ``(iii) any provision of the Presidential Protection 
     Assistance Act of 1976 (18 U.S.C. 3056 note); or
       ``(F) other matters the disclosure of which would 
     constitute a serious threat to national security.
       ``(2) With respect to the information described under 
     paragraph (1), the Secretary may prohibit the Inspector 
     General from carrying out or completing any audit or 
     investigation, or from issuing any subpoena, after such 
     Inspector General has decided to initiate, carry out, or 
     complete such audit or investigation or to issue such 
     subpoena, if the Secretary determines that such prohibition 
     is necessary to--
       ``(A) prevent the disclosure of any information described 
     under paragraph (1);
       ``(B) preserve vital national security interests; or
       ``(C) prevent significant impairment to the national 
     interests of the United States.
       ``(3)(A) If the Secretary exercises any power under 
     paragraph (1) or (2), the Secretary shall notify the 
     Inspector General and the appropriate committees or 
     subcommittees of Congress, or, with respect to investigations 
     relating to civil rights or civil liberties, the Assistant 
     Inspector General for Civil Rights and Civil Liberties (in 
     this section referred to as the `Assistant Inspector 
     General'), in writing (appropriately classified, if 
     necessary) within 7 calendar days stating the reasons for 
     such exercise.
       ``(B) Within 30 days after receipt of any notice under 
     subparagraph (A), the Inspector General or Assistant 
     Inspector General, as appropriate, shall prepare a copy of 
     such notice and a written response that states whether the 
     Inspector General or Assistant Inspector General, as 
     appropriate, agrees or disagrees with the Secretary's 
     exercise of a power under paragraph (1) and describes the 
     reasons for any disagreement, to--
       ``(i) the President of the Senate;
       ``(ii) the Speaker of the House of Representatives;
       ``(iii) the Committee on Governmental Affairs of the 
     Senate;
       ``(iv) the Committee on Government Reform of the House of 
     Representatives; and
       ``(v) other appropriate committees or subcommittees of 
     Congress.
       ``(b)(1) In carrying out the duties and responsibilities 
     under this Act, the Inspector General shall have oversight 
     responsibility for the internal investigations and audits 
     performed by any other office performing internal 
     investigatory or audit functions in any subdivision of the 
     Department of Homeland Security. With respect to 
     investigations relating to civil rights or civil liberties, 
     the Inspector General's responsibilities under this section 
     shall be exercised by the Assistant Inspector General.
       ``(2) The head of each other office described under 
     paragraph (1) shall promptly report to the Inspector General 
     the significant activities being carried out by such office.
       ``(3)(A) Notwithstanding paragraphs (1) and (2), the 
     Inspector General may initiate, conduct, and supervise such 
     audits and investigations in the Department (including in any 
     subdivision referred to in paragraph (1)) as the Inspector 
     General considers appropriate.
       ``(B) If the Inspector General initiates an audit or 
     investigation under subparagraph (A) concerning a subdivision 
     referred to in paragraph (1), the Inspector General may 
     provide the head of the other office performing internal 
     investigatory or audit functions in the subdivision with 
     written notice that the Inspector General has initiated such 
     an audit or investigation.
       ``(C) If the Inspector General issues a notice under 
     subparagraph (B), no other audit or investigation shall be 
     initiated into the matter under audit or investigation by the 
     Inspector General, and any other audit or investigation of 
     such matter shall cease.
       ``(c) Any report required to be transmitted by the 
     Secretary to the appropriate committees or subcommittees of 
     Congress under section 5(d) shall also be transmitted, within 
     the 7-day period specified under that subsection, to--
       ``(1) the President of the Senate;
       ``(2) the Speaker of the House of Representatives;
       ``(3) the Committee on Governmental Affairs of the Senate; 
     and
       ``(4) the Committee on Government Reform of the House of 
     Representatives.
       ``(d)(1) The Assistant Inspector General shall inform the 
     complainant regarding what actions were taken in response to 
     a complaint.
       ``(2) With respect to any complaints received or 
     investigations undertaken by the Assistant Inspector General, 
     any person employed by an independent contractor, or

[[Page S11102]]

     grantee, of the Department shall be entitled to the same 
     protections as are provided to employees of the Department 
     under section 7.''.
       (e) Technical and Conforming Amendments.--The Inspector 
     General Act of 1978 (5 U.S.C. appendix) is amended--
       (1) in section 4(b), by striking ``8F'' each place it 
     appears and inserting ``8G''; and
       (2) in section 8J (as redesignated by subsection (d)(1)), 
     by striking ``or 8H'' and inserting ``, 8H, or 8I''.
       (f) Definition.--In this Act, the term ``civil rights and 
     civil liberties'' means rights and liberties, which--
       (1) are or may be protected by the Constitution or 
     implementing legislation; or
       (2) are analogous to the rights and liberties under 
     paragraph (1), whether or not secured by treaty, statute, 
     regulation or executive order.
                                 ______
                                 
  SA 4939. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 13, strike lines 8 and 9, and insert the following: 
     This Act shall not take effect until the Congress provides 
     for an effective date for this Act in subsequent legislation.
                                 ______
                                 
  SA 4940. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinvich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 208, between lines 7 and 8, insert the following:

     SEC. 510. GRANTS FOR FIREFIGHTING PERSONNEL.

       Section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Personnel Grants.--
       ``(1) Duration.--In awarding grants for hiring firefighting 
     personnel in accordance with subsection (b)(3)(A), the 
     Director shall award grants extending over a 3-year period.
       ``(2) Maximum amount.--The total amount of grants awarded 
     under this subsection shall not exceed $100,000 per 
     firefighter, indexed for inflation, over the 3-year grant 
     period.
       ``(3) Federal share.--
       ``(A) In general.--A grant under this subsection shall not 
     exceed 75 percent of the total salary and benefits cost for 
     additional firefighters hired.
       ``(B) Waiver.--The Director may waive the 25 percent non-
     Federal match under subparagraph (A) for a jurisdiction of 
     50,000 or fewer residents or in cases of extreme hardship.
       ``(4) Application.--An application for a grant under this 
     subsection, shall--
       ``(A) meet the requirements under subsection (b)(5);
       ``(B) include an explanation for the applicant's need for 
     Federal assistance; and
       ``(C) contain specific plans for obtaining necessary 
     support to retain the position following the conclusion of 
     Federal support.
       ``(5) Maintenance of effort.--Grants awarded under this 
     subsection shall only be used to pay the salaries and 
     benefits of additional firefighting personnel, and shall not 
     be used to supplant funding allocated for personnel from 
     State and local sources.''; and
       (3) in subsection (f) (as redesignated by paragraph (1)), 
     by adding at the end the following:
       ``(3) Supplemental appropriation.--In addition to the 
     authorization provided in paragraph (1), there are authorized 
     to be appropriated $1,000,000,000 for each of fiscal years 
     2003 and 2004 for the purpose of providing personnel grants 
     described in subsection (c). Such sums may be provided solely 
     for the purpose of hiring employees engaged in fire 
     protection (as defined in section 3 of the Fair Labor 
     Standards Act (29 U.S.C. 203)), and shall not be subject to 
     the provisions of paragraphs (10) or (11) of subsection 
     (b).''.
                                 ______
                                 
  SA 4941. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

     On page 255 after line 17, insert the following:
     ``(f) Nonapplication of Certain Authorities to Chapter 71.--
     No authority under this chapter to waive, modify, or 
     otherwise affect law shall apply to chapter 71.
                                 ______
                                 
  SA 4942. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 Section 303(1)(D).
                                 ______
                                 
  SA 4943. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 Section 308(c)(2) through 308(c)(4).
                                 ______
                                 
  SA 4944. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 Section 309(a)(1)(B).
                                 ______
                                 
  SA 4945. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 Section 309(c).
                                 ______
                                 
  SA 4946. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkely, and Mr. Voinovich)) 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 Section 309(f) and insert the following:
       (f) Laboratory Directed Research and Development by the 
     Department of Energy.--Funds authorized to be appropriated or 
     otherwise made available to the Department in any fiscal year 
     may be obligated or expended for laboratory directed research 
     and development activities carried out by the Department of 
     Energy.
                                 ______
                                 
  SA 4947. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkely, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       In Section 303, paragraph 1, after the word ``thereto'', 
     insert the following: ``That as directly related to homeland 
     security''
                                 ______
                                 
  SA 4948. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike title XI and insert the following:

         TITLE XI--AGENCY FOR IMMIGRATION HEARINGS AND APPEALS

                   Subtitle A--Structure and Function

     SEC. 1301. ESTABLISHMENT.

       (a) In General.--There is established within the Department 
     of Justice the Agency for Immigration Hearings and Appeals 
     (in this title referred to as the ``Agency'').
       (b) Independent Regulatory Agency.--The Agency shall be an 
     independent regulatory agency with the Department of Justice.
       (c) Abolition of EOIR.--The Executive Office for 
     Immigration Review of the Department of Justice is hereby 
     abolished.
       (d) Statutory Construction.--Nothing in title XI, or any 
     amendment made by that title, may be construed to authorize 
     or require the transfer or delegation of any function vested 
     in, or exercised by, the Executive Office for Immigration 
     Review of the Department of Justice (or its successor 
     entity), or any officer, employee, or component thereof, 
     immediately prior to the effective date of title XI.

     SEC. 1302. DIRECTOR OF THE AGENCY.

       (a) Appointment.--There shall be at the head of the Agency 
     a Director who shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       (b) Offices.--The Director shall appoint a Deputy Director, 
     General Counsel, Pro Bono

[[Page S11103]]

     Coordinator, and other offices as may be necessary to carry 
     out this title.
       (c) Responsibilities.--The Director shall--
       (1) administer the Agency and be responsible for the 
     promulgation of rules and regulations affecting the Agency; 
     and
       (2) appoint and fix the compensation of attorneys, clerks, 
     administrative assistants, and other personnel as may be 
     necessary.

     SEC. 1303. BOARD OF IMMIGRATION APPEALS.

       (a) In General.--The Board of Immigration Appeals (in this 
     title referred to as the ``Board'') shall perform the 
     appellate functions of the Agency. The Board shall consist of 
     a Chair and not less than 14 other immigration appeals 
     judges.
       (b) Appointment.--Members of the Board shall be appointed 
     by the Attorney General, in consultation with the Director 
     and the Chair of the Board of Immigration Appeals.
       (c) Qualifications.--The Chair and each other Member of the 
     Board shall be an attorney in good standing of a bar of a 
     State or the District of Columbia and shall have at least 7 
     years of professional legal expertise in immigration and 
     nationality law.
       (d) Chair.--The Chair shall direct, supervise, and 
     establish the procedures and policies of the Board.
       (e) Jurisdiction.--
       (1) In general.--The Board shall have such jurisdiction as 
     was, prior to the date of enactment of this Act, provided by 
     statute or regulation to the Board of Immigration Appeals (as 
     in effect under the Executive Office of Immigration Review).
       (2) De novo review.--The Board shall have de novo review of 
     any decision by an immigration judge, including any final 
     order of removal.
       (f) Decisions of the Board.--The decisions of the Board 
     shall constitute final agency action, subject to review only 
     as provided by the Immigration and Nationality Act and other 
     applicable law.
       (g) Independence of Board Members.--The Members of the 
     Board shall exercise their independent judgment and 
     discretion in the cases coming before the Board.
       (h) Referral of Case to the Director of the Agency for 
     Immigration Hearings and Appeals.--
       (1) In general.--The Board shall refer to the Director of 
     the Agency for Immigration Hearings and Appeals for review of 
     its decision all cases which--
       (A) the Director, in consultation with the Attorney 
     General, directs the Board to refer to him;
       (B) the Chairman or a majority of the Board believes should 
     be referred to the Director of the Agency for Immigration 
     Hearings and Appeals for review; and
       (C) the Under Secretary of Homeland Security for 
     Immigration Affairs or the Attorney General requests be 
     referred to the Director for review.
       (2) Decision of the director.--In any case in which the 
     Director of the Agency for Immigration Hearings and Appeals 
     reviews the decision of the Board, the decision of the 
     Director of the Agency for Immigration Hearings and Appeals 
     shall be stated in writing and shall be transmitted to the 
     Board for transmittal and service as provided by regulations.

     SEC. 1304. CHIEF IMMIGRATION JUDGE.

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

     SEC. 1305. CHIEF ADMINISTRATIVE HEARING OFFICER.

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

     SEC. 1306. REMOVAL OF JUDGES.

       Immigration judges and Members of the Board may be removed 
     from office only for good cause, including neglect of duty or 
     malfeasance, by the Director, in consultation with the Chair 
     of the Board, in the case of the removal of a Member of the 
     Board, or in consultation with the Chief Immigration Judge, 
     in the case of the removal of an immigration judge.

     SEC. 1307. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Agency such 
     sums as may be necessary to carry out this title.

        Subtitle B--Transfer of Functions and Savings Provisions

     SEC. 1311. TRANSITION PROVISIONS.

       (a) Transfer of Functions.--All functions under the 
     immigration laws of the United States (as defined in section 
     111(e) of the Immigration and Nationality Act, as added by 
     section 1101(a)(2) of this Act) vested by statute in, or 
     exercised by, the Executive Office of Immigration Review of 
     the Department of Justice (or any officer, employee, or 
     component thereof), immediately prior to the effective date 
     of this title, are transferred to the Agency.
       (b) Transfer and Allocations of Appropriations and 
     Personnel.--The personnel employed in connection with, and 
     the assets, liabilities, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds employed, used, held, arising 
     from, available to, or to be made available in connection 
     with the functions transferred by this section, subject to 
     section 1531 of title 31, United States Code, shall be 
     transferred to the Agency. Unexpended funds transferred 
     pursuant to this section shall be used only for the purposes 
     for which the funds were originally authorized and 
     appropriated.
       (c) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, recognition 
     of labor organizations, agreements, including collective 
     bargaining agreements, certificates, licenses, and 
     privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the Attorney General or the Executive 
     Office of Immigration Review of the Department of Justice, 
     their delegates, or any other Government official, or by a 
     court of competent jurisdiction, in the performance of any 
     function that is transferred under this section; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the Agency, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (d) Proceedings.--
       (1) Pending.--The transfer of functions under subsection 
     (a) shall not affect any proceeding or any application for 
     any benefit, service, license, permit, certificate, or 
     financial assistance pending on the effective date of this 
     title before an office whose functions are transferred 
     pursuant to this section, but such proceedings and 
     applications shall be continued.
       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (e) Suits.--This section shall not affect suits commenced 
     before the effective date of this title, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this section had not been enacted.
       (f) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of Justice 
     or the Executive Office of Immigration Review, or by or 
     against any individual in the official capacity of such 
     individual as an officer or employee in connection with a 
     function transferred under this section, shall abate by 
     reason of the enactment of this Act.
       (g) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and pursuant to this section such function is 
     transferred to any other officer or office, then such suit 
     shall be continued with the other officer or the head of such 
     other office, as applicable, substituted or added as a party.
       (h) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this title, any statutory 
     requirements relating to notice, hearings, action upon the 
     record, or administrative or judicial review that apply to 
     any function transferred pursuant to any provision of this 
     section shall apply to the exercise of such function by the 
     head of the office, and other officers of the office, to 
     which such function is transferred pursuant to such 
     provision.

                       Subtitle C--Effective Date

     SEC. 1321. EFFECTIVE DATE.

       This title shall take effect one year after the effective 
     date of division A of this Act.

[[Page S11104]]

                                 ______
                                 
  SA 4949. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for 
himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to 
the bill H.R. 5005, to establish the Department of Homeland Security, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike Title IV, subtitles D, E, and F and insert the 
     following:

       --IMMIGRATION REFORM, ACCOUNTABILITY, AND SECURITY ENHANCEMENT 
                              ACT OF 2002

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Immigration Reform, 
     Accountability, and Security Enhancement Act of 2002''.

     SEC. 1002. DEFINITIONS.

       In this division:
       (1) Enforcement bureau.--The term ``Enforcement Bureau'' 
     means the Bureau of Enforcement and Border Affairs 
     established in section 114 of the Immigration and Nationality 
     Act, as added by section 1105 of this Act.
       (2) Function.--The term ``function'' includes any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program.
       (3) Immigration enforcement functions.--The term 
     ``immigration enforcement functions'' has the meaning given 
     the term in section 114(b)(2) of the Immigration and 
     Nationality Act, as added by section 1105 of this Act.
       (4) Immigration laws of the united states.--The term 
     ``immigration laws of the United States'' has the meaning 
     given the term in section 111(e) of the Immigration and 
     Nationality Act, as added by section 1102 of this Act.
       (5) Immigration policy, administration, and inspection 
     functions.--The term ``immigration policy, administration, 
     and inspection functions'' has the meaning given the term in 
     section 112(b)(3) of the Immigration and Nationality Act, as 
     added by section 1103 of this Act.
       (6) Immigration service functions.--The term ``immigration 
     service functions'' has the meaning given the term in section 
     113(b)(2) of the Immigration and Nationality Act, as added by 
     section 1104 of this Act.
       (7) Office.--The term ``office'' includes any office, 
     administration, agency, bureau, institute, council, unit, 
     organizational entity, or component thereof.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (9) Service bureau.--The term ``Service Bureau'' means the 
     Bureau of Immigration Services established in section 113 of 
     the Immigration and Nationality Act, as added by section 1104 
     of this Act.
       (10) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Homeland Security for Immigration 
     Affairs appointed under section 112 of the Immigration and 
     Nationality Act, as added by section 1103 of this Act.

              TITLE XI--DIRECTORATE OF IMMIGRATION AFFAIRS

                        Subtitle A--Organization

     SEC. 1101. ABOLITION OF INS.

       (a) In General.--The Immigration and Naturalization Service 
     is abolished.
       (b) Repeal.--Section 4 of the Act of February 14, 1903, as 
     amended (32 Stat. 826; relating to the establishment of the 
     Immigration and Naturalization Service), is repealed.

     SEC. 1102. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION 
                   AFFAIRS.

       (a) Establishment.--Title I of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (1) by inserting ``CHAPTER 1--DEFINITIONS AND GENERAL 
     AUTHORITIES'' after ``TITLE I--GENERAL''; and
       (2) by adding at the end the following:

            ``CHAPTER 2--DIRECTORATE OF IMMIGRATION AFFAIRS

     ``SEC. 111. ESTABLISHMENT OF DIRECTORATE OF IMMIGRATION 
                   AFFAIRS.

       ``(a) Establishment.--There is established within the 
     Department of Homeland Security the Directorate of 
     Immigration Affairs.
       ``(b) Principal Officers.--The principal officers of the 
     Directorate are the following:
       ``(1) The Under Secretary of Homeland Security for 
     Immigration Affairs appointed under section 112.
       ``(2) The Assistant Secretary of Homeland Security for 
     Immigration Services appointed under section 113.
       ``(3) The Assistant Secretary of Homeland Security for 
     Enforcement and Border Affairs appointed under section 114.
       ``(c) Functions.--Under the authority of the Secretary of 
     Homeland Security, the Directorate shall perform the 
     following functions:
       ``(1) Immigration policy, administration, and inspection 
     functions, as defined in section 112(b).
       ``(2) Immigration service and adjudication functions, as 
     defined in section 113(b).
       ``(3) Immigration enforcement functions, as defined in 
     section 114(b).
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Department of Homeland Security such sums as may be 
     necessary to carry out the functions of the Directorate.
       ``(2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       ``(e) Immigration Laws of the United States Defined.--In 
     this chapter, the term `immigration laws of the United 
     States' means the following:
       ``(1) This Act.
       ``(2) Such other statutes, Executive orders, regulations, 
     or directives, treaties, or other international agreements to 
     which the United States is a party, insofar as they relate to 
     the admission to, detention in, or removal from the United 
     States of aliens, insofar as they relate to the 
     naturalization of aliens, or insofar as they otherwise relate 
     to the status of aliens.''.
       (b) Conforming Amendments.--(1) The Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (A) by striking section 101(a)(34) (8 U.S.C. 1101(a)(34)) 
     and inserting the following:
       ``(34) The term `Directorate' means the Directorate of 
     Immigration Affairs established by section 111.'';
       (B) by adding at the end of section 101(a) the following 
     new paragraphs:
       ``(51) The term `Secretary' means the Secretary of Homeland 
     Security.
       ``(52) The term `Department' means the Department of 
     Homeland Security.'';
       (C) by striking ``Attorney General'' and ``Department of 
     Justice'' each place it appears and inserting ``Secretary'' 
     and ``Department'', respectively;
       (D) in section 101(a)(17) (8 U.S.C. 1101(a)(17)), by 
     striking ``The'' and inserting ``Except as otherwise provided 
     in section 111(e), the; and
       (E) by striking ``Immigration and Naturalization Service'', 
     ``Service'', and ``Service's'' each place they appear and 
     inserting ``Directorate of Immigration Affairs'', 
     ``Directorate'', and ``Directorate's'', respectively.
       (2) Section 6 of the Act entitled ``An Act to authorize 
     certain administrative expenses for the Department of 
     Justice, and for other purposes'', approved July 28, 1950 (64 
     Stat. 380), is amended--
       (A) by striking ``Immigration and Naturalization Service'' 
     and inserting ``Directorate of Immigration Affairs'';
       (B) by striking clause (a); and
       (C) by redesignating clauses (b), (c), (d), and (e) as 
     clauses (a), (b), (c), and (d), respectively.
       (c) References.--Any reference in any statute, 
     reorganization plan, Executive order, regulation, agreement, 
     determination, or other official document or proceeding to 
     the Immigration and Naturalization Service shall be deemed to 
     refer to the Directorate of Immigration Affairs of the 
     Department of Homeland Security, and any reference in the 
     immigration laws of the United States (as defined in section 
     111(e) of the Immigration and Nationality Act, as added by 
     this section) to the Attorney General shall be deemed to 
     refer to the Secretary of Homeland Security, acting through 
     the Under Secretary of Homeland Security for Immigration 
     Affairs.

     SEC. 1103. UNDER SECRETARY OF HOMELAND SECURITY FOR 
                   IMMIGRATION AFFAIRS.

       (a) In General.--Chapter 2 of title I of the Immigration 
     and Nationality Act, as added by section 1102 of this Act, is 
     amended by adding at the end the following:

     ``SEC. 112. UNDER SECRETARY OF HOMELAND SECURITY FOR 
                   IMMIGRATION AFFAIRS.

       ``(a) Under Secretary of Immigration Affairs.--The 
     Directorate shall be headed by an Under Secretary of Homeland 
     Security for Immigration Affairs who shall be appointed in 
     accordance with section 103(c) of the Immigration and 
     Nationality Act.
       ``(b) Responsibilities of the Under Secretary.--
       ``(1) In general.--The Under Secretary shall be charged 
     with any and all responsibilities and authority in the 
     administration of the Directorate and of this Act which are 
     conferred upon the Secretary as may be delegated to the Under 
     Secretary by the Secretary or which may be prescribed by the 
     Secretary.
       ``(2) Duties.--Subject to the authority of the Secretary 
     under paragraph (1), the Under Secretary shall have the 
     following duties:
       ``(A) Immigration policy.--The Under Secretary shall 
     develop and implement policy under the immigration laws of 
     the United States. The Under Secretary shall propose, 
     promulgate, and issue rules, regulations, and statements of 
     policy with respect to any function within the jurisdiction 
     of the Directorate.
       ``(B) Administration.--The Under Secretary shall have 
     responsibility for--
       ``(i) the administration and enforcement of the functions 
     conferred upon the Directorate under section 1111(c) of this 
     Act; and
       ``(ii) the administration of the Directorate, including the 
     direction, supervision, and coordination of the Bureau of 
     Immigration Services and the Bureau of Enforcement and Border 
     Affairs.
       ``(C) Inspections.--The Under Secretary shall be directly 
     responsible for the administration and enforcement of the 
     functions of the Directorate under the immigration laws of 
     the United States with respect to the inspection of aliens 
     arriving at ports of entry of the United States.
       ``(3) Activities.--As part of the duties described in 
     paragraph (2), the Under Secretary shall do the following:
       ``(A) Resources and personnel management.--The Under 
     Secretary shall manage the resources, personnel, and other 
     support requirements of the Directorate.

[[Page S11105]]

       ``(B) Information resources management.--Under the 
     direction of the Secretary, the Under Secretary shall manage 
     the information resources of the Directorate, including the 
     maintenance of records and databases and the coordination of 
     records and other information within the Directorate, and 
     shall ensure that the Directorate obtains and maintains 
     adequate information technology systems to carry out its 
     functions.
       ``(C) Coordination of response to civil rights 
     violations.--The Under Secretary shall coordinate, with the 
     Civil Rights Officer of the Department of Homeland Security 
     or other officials, as appropriate, the resolution of 
     immigration issues that involve civil rights violations.
       ``(D) Risk analysis and risk management.--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.
       ``(3) Definition.--In this chapter, the term ``immigration 
     policy, administration, and inspection functions'' means the 
     duties, activities, and powers described in this subsection.
       ``(c) General Counsel.--
       ``(1) In general.--There shall be within the Directorate a 
     General Counsel, who shall be appointed by the Secretary of 
     Homeland Security, in consultation with the Under Secretary.
       ``(2) Function.--The General Counsel shall--
       ``(A) serve as the chief legal officer for the Directorate; 
     and
       ``(B) be responsible for providing specialized legal 
     advice, opinions, determinations, regulations, and any other 
     assistance to the Under Secretary with respect to legal 
     matters affecting the Directorate, and any of its components.
       ``(d) Financial Officers for the Directorate of Immigration 
     Affairs.--
       ``(1) Chief financial officer.--
       ``(A) In general.--There shall be within the Directorate a 
     Chief Financial Officer. The position of Chief Financial 
     Officer shall be a career reserved position in the Senior 
     Executive Service and shall have the authorities and 
     functions described in section 902 of title 31, United States 
     Code, in relation to financial activities of the Directorate. 
     For purposes of section 902(a)(1) of such title, the Under 
     Secretary shall be deemed to be an agency head.
       ``(B) Functions.--The Chief Financial Officer shall be 
     responsible for directing, supervising, and coordinating all 
     budget formulas and execution for the Directorate.
       ``(2) Deputy chief financial officer.--The Directorate 
     shall be deemed to be an agency for purposes of section 903 
     of such title (relating to Deputy Chief Financial Officers).
       ``(e) Chief of Policy.--
       ``(1) In general.--There shall be within the Directorate a 
     Chief of Policy. Under the authority of the Under Secretary, 
     the Chief of Policy shall be responsible for--
       ``(A) establishing national immigration policy and 
     priorities;
       ``(B) performing policy research and analysis on issues 
     arising under the immigration laws of the United States; and
       ``(C) coordinating immigration policy between the 
     Directorate, the Service Bureau, and the Enforcement Bureau.
       ``(2) Within the senior executive service.--The position of 
     Chief of Policy shall be a Senior Executive Service position 
     under section 5382 of title 5, United States Code.
       ``(f) Chief of Congressional, Intergovernmental, and Public 
     Affairs.--
       ``(1) In general.--There shall be within the Directorate a 
     Chief of Congressional, Intergovernmental, and Public 
     Affairs. Under the authority of the Under Secretary, the 
     Chief of Congressional, Intergovernmental, and Public Affairs 
     shall be responsible for--
       ``(A) providing to Congress information relating to issues 
     arising under the immigration laws of the United States, 
     including information on specific cases;
       ``(B) serving as a liaison with other Federal agencies on 
     immigration issues; and
       ``(C) responding to inquiries from, and providing 
     information to, the media on immigration issues.
       ``(2) Within the senior executive service.--The position of 
     Chief of Congressional, Intergovernmental, and Public Affairs 
     shall be a Senior Executive Service position under section 
     5382 of title 5, United States Code.''.
       (b) Compensation of the Under Secretary.--Section 5314 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Under Secretary of Immigration Affairs, Department of 
     Justice.''.
       (c) Compensation of General Counsel and Chief Financial 
     Officer.--Section 5316 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``General Counsel, Directorate of Immigration Affairs, 
     Department of Homeland Security.
       ``Chief Financial Officer, Directorate of Immigration 
     Affairs, Department of Homeland Security.''.
       (d) Repeals.--The following provisions of law are repealed:
       (1) Section 7 of the Act of March 3, 1891, as amended (26 
     Stat. 1085; relating to the establishment of the office of 
     the Commissioner of Immigration and Naturalization).
       (2) Section 201 of the Act of June 20, 1956 (70 Stat. 307; 
     relating to the compensation of assistant commissioners and 
     district directors).
       (3) Section 1 of the Act of March 2, 1895 (28 Stat. 780; 
     relating to special immigrant inspectors).
       (e) Conforming Amendments.--(1)(A) Section 101(a)(8) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(8)) is 
     amended to read as follows:
       ``(8) The term `Under Secretary' means the Under Secretary 
     of Homeland Security for Immigration Affairs who is appointed 
     under section 103(c).''.
       (B) Except as provided in subparagraph (C), the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) is amended by 
     striking ``Commissioner of Immigration and Naturalization'' 
     and ``Commissioner'' each place they appear and inserting 
     ``Under Secretary of Homeland Security for Immigration 
     Affairs'' and ``Under Secretary'', respectively.
       (C) The amendments made by subparagraph (B) do not apply to 
     references to the ``Commissioner of Social Security'' in 
     section 290(c) of the Immigration and Nationality Act (8 
     U.S.C. 1360(c)).
       (2) Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended--
       (A) in subsection (c), by striking ``Commissioner'' and 
     inserting ``Under Secretary'';
       (B) in the section heading, by striking ``Commissioner'' 
     and inserting ``Under Secretary'';
       (C) in subsection (d), by striking ``Commissioner'' and 
     inserting ``Under Secretary''; and
       (D) in subsection (e), by striking ``Commissioner'' and 
     inserting ``Under Secretary''.
       (3) Sections 104 and 105 of the Immigration and Nationality 
     Act (8 U.S.C. 1104, 1105) are amended by striking 
     ``Director'' each place it appears and inserting ``Assistant 
     Secretary of State for Consular Affairs''.
       (4) Section 104(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1104(c)) is amended--
       (A) in the first sentence, by striking ``Passport Office, a 
     Visa Office,'' and inserting ``a Passport Services office, a 
     Visa Services office, an Overseas Citizen Services office,''; 
     and
       (B) in the second sentence, by striking ``the Passport 
     Office and the Visa Office'' and inserting ``the Passport 
     Services office and the Visa Services office''.
       (5) Section 5315 of title 5, United States Code, is amended 
     by striking the following:
       ``Commissioner of Immigration and Naturalization, 
     Department of Justice.''.
       (f) References.--Any reference in any statute, 
     reorganization plan, Executive order, regulation, agreement, 
     determination, or other official document or proceeding to 
     the Commissioner of Immigration and Naturalization shall be 
     deemed to refer to the Under Secretary of Homeland Security 
     for Immigration Affairs.

     SEC. 1104. BUREAU OF IMMIGRATION SERVICES.

       (a) In General.--Chapter 2 of title I of the Immigration 
     and Nationality Act, as added by section 1102 and amended by 
     section 1103, is further amended by adding at the end the 
     following:

     ``SEC. 113. BUREAU OF IMMIGRATION SERVICES.

       ``(a) Establishment of Bureau.--
       ``(1) In general.--There is established within the 
     Directorate a bureau to be known as the Bureau of Immigration 
     Services (in this chapter referred to as the `Service 
     Bureau').
       ``(2) Assistant secretary.--The head of the Service Bureau 
     shall be the Assistant Secretary of Homeland Security for 
     Immigration Services (in this chapter referred to as the 
     `Assistant Secretary for Immigration Services'), who--
       ``(A) shall be appointed by the Secretary of Homeland 
     Security, in consultation with the Under Secretary; and
       ``(B) shall report directly to the Under Secretary.
       ``(b) Responsibilities of the Assistant Secretary.--
       ``(1) In general.--Subject to the authority of the 
     Secretary and the Under Secretary, the Assistant Secretary 
     for Immigration Services shall administer the immigration 
     service functions of the Directorate.
       ``(2) Immigration service functions defined.--In this 
     chapter, the term `immigration service functions' means the 
     following functions under the immigration laws of the United 
     States:
       ``(A) Adjudications of petitions for classification of 
     nonimmigrant and immigrant status.
       ``(B) Adjudications of applications for adjustment of 
     status and change of status.
       ``(C) Adjudications of naturalization applications.
       ``(D) Adjudications of asylum and refugee applications.
       ``(E) Adjudications performed at Service centers.
       ``(F) Determinations concerning custody and parole of 
     asylum seekers who do not have prior nonpolitical criminal 
     records and who have been found to have a credible fear of 
     persecution, including determinations under section 236B.
       ``(G) All other adjudications under the immigration laws of 
     the United States.
       ``(c) Chief Budget Officer of the Service Bureau.--There 
     shall be within the Service Bureau a Chief Budget Officer. 
     Under the authority of the Chief Financial Officer of the 
     Directorate, the Chief Budget Officer of the Service Bureau 
     shall be responsible for monitoring and supervising all 
     financial activities of the Service Bureau.
       ``(d) Quality Assurance.--There shall be within the Service 
     Bureau an Office of Quality Assurance that shall develop 
     procedures and conduct audits to--

[[Page S11106]]

       ``(1) ensure that the Directorate's policies with respect 
     to the immigration service functions of the Directorate are 
     properly implemented; and
       ``(2) ensure that Service Bureau policies or practices 
     result in sound records management and efficient and accurate 
     service.
       ``(e) Office of Professional Responsibility.--There shall 
     be within the Service Bureau an Office of Professional 
     Responsibility that shall have the responsibility for 
     ensuring the professionalism of the Service Bureau and for 
     receiving and investigating charges of misconduct or ill 
     treatment made by the public.
       ``(f) Training of Personnel.--The Assistant Secretary for 
     Immigration Services, in consultation with the Under 
     Secretary, shall have responsibility for determining the 
     training for all personnel of the Service Bureau.''.
       (b) Compensation of Assistant Secretary of Service 
     Bureau.--Section 5315 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``Assistant Secretary of Homeland Security for Immigration 
     Services, Directorate of Immigration Affairs, Department of 
     Homeland Security.''.
       (c) Service Bureau Offices.--
       (1) In general.--Under the direction of the Secretary, the 
     Under Secretary, acting through the Assistant Secretary for 
     Immigration Services, shall establish Service Bureau offices, 
     including suboffices and satellite offices, in appropriate 
     municipalities and locations in the United States. In the 
     selection of sites for the Service Bureau offices, the Under 
     Secretary shall consider the location's proximity and 
     accessibility to the community served, the workload for which 
     that office shall be responsible, whether the location would 
     significantly reduce the backlog of cases in that given 
     geographic area, whether the location will improve customer 
     service, and whether the location is in a geographic area 
     with an increase in the population to be served. The Under 
     Secretary shall conduct periodic reviews to assess whether 
     the location and size of the respective Service Bureau 
     offices adequately serve customer service needs.
       (2) Transition provision.--In determining the location of 
     Service Bureau offices, including suboffices and satellite 
     offices, the Under Secretary shall first consider maintaining 
     and upgrading offices in existing geographic locations that 
     satisfy the provisions of paragraph (1). The Under 
     Secretary shall also explore the feasibility and 
     desirability of establishing new Service Bureau offices, 
     including suboffices and satellite offices, in new 
     geographic locations where there is a demonstrated need.

     SEC. 1105. BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.

       (a) In General.--Chapter 2 of title I of the Immigration 
     and Nationality Act, as added by section 1102 and amended by 
     sections 1103 and 1104, is further amended by adding at the 
     end the following:

     ``SEC. 114. BUREAU OF ENFORCEMENT AND BORDER AFFAIRS.

       ``(a) Establishment of Bureau.--
       ``(1) In general.--There is established within the 
     Directorate a bureau to be known as the Bureau of Enforcement 
     and Border Affairs (in this chapter referred to as the 
     `Enforcement Bureau').
       ``(2) Assistant secretary.--The head of the Enforcement 
     Bureau shall be the Assistant Secretary of Homeland Security 
     for Enforcement and Border Affairs (in this chapter referred 
     to as the `Assistant Secretary for Immigration Enforcement'), 
     who--
       ``(A) shall be appointed by the Secretary of Homeland 
     Security, in consultation with the Under Secretary; and
       ``(B) shall report directly to the Under Secretary.
       ``(b) Responsibilities of the Assistant Secretary.--
       ``(1) In general.--Subject to the authority of the 
     Secretary and the Under Secretary, the Assistant Secretary 
     for Immigration Enforcement shall administer the immigration 
     enforcement functions of the Directorate.
       ``(2) Immigration enforcement functions defined.--In this 
     chapter, the term `immigration enforcement functions' means 
     the following functions under the immigration laws of the 
     United States:
       ``(A) The border patrol function.
       ``(B) The detention function, except as specified in 
     section 113(b)(2)(F).
       ``(C) The removal function.
       ``(D) The intelligence function.
       ``(E) The investigations function.
       ``(c) Chief Budget Officer of the Enforcement Bureau.--
     There shall be within the Enforcement Bureau a Chief Budget 
     Officer. Under the authority of the Chief Financial Officer 
     of the Directorate, the Chief Budget Officer of the 
     Enforcement Bureau shall be responsible for monitoring and 
     supervising all financial activities of the Enforcement 
     Bureau.
       ``(d) Office of Professional Responsibility.--There shall 
     be within the Enforcement Bureau an Office of Professional 
     Responsibility that shall have the responsibility for 
     ensuring the professionalism of the Enforcement Bureau and 
     receiving charges of misconduct or ill treatment made by the 
     public and investigating the charges.
       ``(e) Office of Quality Assurance.--There shall be within 
     the Enforcement Bureau an Office of Quality Assurance that 
     shall develop procedures and conduct audits to--
       ``(1) ensure that the Directorate's policies with respect 
     to immigration enforcement functions are properly 
     implemented; and
       ``(2) ensure that Enforcement Bureau policies or practices 
     result in sound record management and efficient and accurate 
     recordkeeping.
       ``(f) Training of Personnel.--The Assistant Secretary for 
     Immigration Enforcement, in consultation with the Under 
     Secretary, shall have responsibility for determining the 
     training for all personnel of the Enforcement Bureau.''.
       (b) Compensation of Assistant Secretary of Enforcement 
     Bureau.--Section 5315 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``Assistant Security of Homeland Security for Enforcement 
     and Border Affairs, Directorate of Immigration Affairs, 
     Department of Homeland Security.''.
       (c) Enforcement Bureau Offices.--
       (1) In general.--Under the direction of the Secretary, the 
     Under Secretary, acting through the Assistant Secretary for 
     Immigration Enforcement, shall establish Enforcement Bureau 
     offices, including suboffices and satellite offices, in 
     appropriate municipalities and locations in the United 
     States. In the selection of sites for the Enforcement Bureau 
     offices, the Under Secretary shall make selections according 
     to trends in unlawful entry and unlawful presence, alien 
     smuggling, national security concerns, the number of Federal 
     prosecutions of immigration-related offenses in a given 
     geographic area, and other enforcement considerations. The 
     Under Secretary shall conduct periodic reviews to assess 
     whether the location and size of the respective Enforcement 
     Bureau offices adequately serve enforcement needs.
       (2) Transition provision.--In determining the location of 
     Enforcement Bureau offices, including suboffices and 
     satellite offices, the Under Secretary shall first consider 
     maintaining and upgrading offices in existing geographic 
     locations that satisfy the provisions of paragraph (1). The 
     Under Secretary shall also explore the feasibility and 
     desirability of establishing new Enforcement Bureau offices, 
     including suboffices and satellite offices, in new geographic 
     locations where there is a demonstrated need.

     SEC. 1106. OFFICE OF THE OMBUDSMAN WITHIN THE DIRECTORATE.

       (a) In General.--Chapter 2 of title I of the Immigration 
     and Nationality Act, as added by section 1102 and amended by 
     sections 1103, 1104, and 1105, is further amended by adding 
     at the end the following:

     ``SEC. 115. OFFICE OF THE OMBUDSMAN FOR IMMIGRATION AFFAIRS.

       ``(a) In General.--There is established within the 
     Directorate the Office of the Ombudsman for Immigration 
     Affairs, which shall be headed by the Ombudsman.
       ``(b) Ombudsman.--
       ``(1) Appointment.--The Ombudsman shall be appointed by the 
     Secretary of Homeland Security, in consultation with the 
     Under Secretary. The Ombudsman shall report directly to the 
     Under Secretary.
       ``(2) Compensation.--The Ombudsman shall be entitled to 
     compensation at the same rate as the highest rate of basic 
     pay established for the Senior Executive Service under 
     section 5382 of title 5, United States Code, or, if the 
     Secretary of Homeland Security so determines, at a rate fixed 
     under section 9503 of such title.
       ``(c) Functions of Office.--The functions of the Office of 
     the Ombudsman for Immigration Affairs shall include--
       ``(1) to assist individuals in resolving problems with the 
     Directorate or any component thereof;
       ``(2) to identify systemic problems encountered by the 
     public in dealings with the Directorate or any component 
     thereof;
       ``(3) to propose changes in the administrative practices or 
     regulations of the Directorate, or any component thereof, to 
     mitigate problems identified under paragraph (2);
       ``(4) to identify potential changes in statutory law that 
     may be required to mitigate such problems; and
       ``(5) to monitor the coverage and geographic distribution 
     of local offices of the Directorate.
       ``(d) Personnel Actions.--The Ombudsman shall have the 
     responsibility and authority to appoint local or regional 
     representatives of the Ombudsman's Office as in the 
     Ombudsman's judgment may be necessary to address and rectify 
     problems.
       ``(e) Annual Report.--Not later than December 31 of each 
     year, the Ombudsman shall submit a report to the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate on the activities of 
     the Ombudsman during the fiscal year ending in that calendar 
     year. Each report shall contain a full and substantive 
     analysis, in addition to statistical information, and shall 
     contain--
       ``(1) a description of the initiatives that the Office of 
     the Ombudsman has taken on improving the responsiveness of 
     the Directorate;
       ``(2) a summary of serious or systemic problems encountered 
     by the public, including a description of the nature of such 
     problems;
       ``(3) an accounting of the items described in paragraphs 
     (1) and (2) for which action has been taken, and the result 
     of such action;
       ``(4) an accounting of the items described in paragraphs 
     (1) and (2) for which action remains to be completed;
       ``(5) an accounting of the items described in paragraphs 
     (1) and (2) for which no action has been taken, the reasons 
     for the inaction, and identify any Agency official who is 
     responsible for such inaction;

[[Page S11107]]

       ``(6) recommendations as may be appropriate to resolve 
     problems encountered by the public;
       ``(7) recommendations as may be appropriate to resolve 
     problems encountered by the public, including problems 
     created by backlogs in the adjudication and processing of 
     petitions and applications;
       ``(8) recommendations to resolve problems caused by 
     inadequate funding or staffing; and
       ``(9) such other information as the Ombudsman may deem 
     advisable.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Office of the Ombudsman such sums as may be necessary 
     to carry out its functions.
       ``(2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.''.

     SEC. 1107. OFFICE OF IMMIGRATION STATISTICS WITHIN THE 
                   DIRECTORATE.

       (a) In General.--Chapter 2 of title I of the Immigration 
     and Nationality Act, as added by section 1102 and amended by 
     sections 1103, 1104, and 1105, is further amended by adding 
     at the end the following:

     ``SEC. 116. OFFICE OF IMMIGRATION STATISTICS.

       ``(a) Establishment.--There is established within the 
     Directorate an Office of Immigration Statistics (in this 
     section referred to as the `Office'), which shall be headed 
     by a Director who shall be appointed by the Secretary of 
     Homeland Security, in consultation with the Under Secretary. 
     The Office shall collect, maintain, compile, analyze, 
     publish, and disseminate information and statistics about 
     immigration in the United States, including information and 
     statistics involving the functions of the Directorate and the 
     Executive Office for Immigration Review (or its successor 
     entity).
       ``(b) Responsibilities of Director.--The Director of the 
     Office shall be responsible for the following:
       ``(1) Statistical information.--Maintenance of all 
     immigration statistical information of the Directorate of 
     Immigration Affairs.
       ``(2) Standards of reliability and validity.--Establishment 
     of standards of reliability and validity for immigration 
     statistics collected by the Bureau of Immigration Services, 
     the Bureau of Enforcement, and the Executive Office for 
     Immigration Review (or its successor entity).
       ``(c) Relation to the Directorate of Immigration Affairs 
     and the Executive Office for Immigration Review.--
       ``(1) Other authorities.--The Directorate and the Executive 
     Office for Immigration Review (or its successor entity) shall 
     provide statistical information to the Office from the 
     operational data systems controlled by the Directorate and 
     the Executive Office for Immigration Review (or its successor 
     entity), respectively, as requested by the Office, for the 
     purpose of meeting the responsibilities of the Director of 
     the Office.
       ``(2) Databases.--The Director of the Office, under the 
     direction of the Secretary, shall ensure the interoperability 
     of the databases of the Directorate, the Bureau of 
     Immigration Services, the Bureau of Enforcement, and the 
     Executive Office for Immigration Review (or its successor 
     entity) to permit the Director of the Office to perform 
     the duties of such office.''.
       (b) Transfer of Functions.--There are transferred to the 
     Directorate of Immigration Affairs for exercise by the Under 
     Secretary through the Office of Immigration Statistics 
     established by section 116 of the Immigration and Nationality 
     Act, as added by subsection (a), the functions performed by 
     the Statistics Branch of the Office of Policy and Planning of 
     the Immigration and Naturalization Service, and the 
     statistical functions performed by the Executive Office for 
     Immigration Review (or its successor entity), on the day 
     before the effective date of this title.

     SEC. 1108. CLERICAL AMENDMENTS.

       The table of contents of the Immigration and Nationality 
     Act is amended--
       (1) by inserting after the item relating to the heading for 
     title I the following:

          ``Chapter 1--Definitions and General Authorities'';

       (2) by striking the item relating to section 103 and 
     inserting the following:

``Sec. 103. Powers and duties of the Secretary of Homeland Security and 
              the Under Secretary of Homeland Security for Immigration 
              Affairs.'';
     and
       (3) by inserting after the item relating to section 106 the 
     following:

            ``Chapter 2--Directorate of Immigration Affairs

``Sec. 111. Establishment of Directorate of Immigration Affairs.
``Sec. 112. Under Secretary of Homeland Security for Immigration 
              Affairs.
``Sec. 113. Bureau of Immigration Services.
``Sec. 114. Bureau of Enforcement and Border Affairs.
``Sec. 115. Office of the Ombudsman for Immigration Affairs.
``Sec. 116. Office of Immigration Statistics.''.

                   Subtitle B--Transition Provisions

     SEC. 1111. TRANSFER OF FUNCTIONS.

       (a) In General.--
       (1) Functions of the attorney general.--All functions under 
     the immigration laws of the United States vested by statute 
     in, or exercised by, the Attorney General, immediately prior 
     to the effective date of this title, are transferred to the 
     Secretary on such effective date for exercise by the 
     Secretary through the Under Secretary in accordance with 
     section 112(b) of the Immigration and Nationality Act, as 
     added by section 1103 of this Act.
       (2) Functions of the commissioner or the ins.--All 
     functions under the immigration laws of the United States 
     vested by statute in, or exercised by, the Commissioner of 
     Immigration and Naturalization or the Immigration and 
     Naturalization Service (or any officer, employee, or 
     component thereof), immediately prior to the effective date 
     of this title, are transferred to the Directorate of 
     Immigration Affairs on such effective date for exercise by 
     the Under Secretary in accordance with section 112(b) of the 
     Immigration and Nationality Act, as added by section 1103 of 
     this Act.
       (b) Exercise of Authorities.--Except as otherwise provided 
     by law, the Under Secretary may, for purposes of performing 
     any function transferred to the Directorate of Immigration 
     Affairs under subsection (a), exercise all authorities under 
     any other provision of law that were available with respect 
     to the performance of that function to the official 
     responsible for the performance of the function immediately 
     before the effective date of the transfer of the function 
     under this title.

     SEC. 1112. TRANSFER OF PERSONNEL AND OTHER RESOURCES.

       Subject to section 1531 of title 31, United States Code, 
     upon the effective date of this title, there are transferred 
     to the Under Secretary for appropriate allocation in 
     accordance with section 1115--
       (1) the personnel of the Department of Justice employed in 
     connection with the functions transferred under this title; 
     and
       (2) the assets, liabilities, contracts, property, records, 
     and unexpended balance of appropriations, authorizations, 
     allocations, and other funds employed, held, used, arising 
     from, available to, or to be made available to the 
     Immigration and Naturalization Service in connection with the 
     functions transferred pursuant to this title.

     SEC. 1113. DETERMINATIONS WITH RESPECT TO FUNCTIONS AND 
                   RESOURCES.

       Under the direction of the Secretary, the Under Secretary 
     shall determine, in accordance with the corresponding 
     criteria set forth in sections 1112(b), 1113(b), and 1114(b) 
     of the Immigration and Nationality Act (as added by this 
     title)--
       (1) which of the functions transferred under section 1111 
     are--
       (A) immigration policy, administration, and inspection 
     functions;
       (B) immigration service functions; and
       (C) immigration enforcement functions; and
       (2) which of the personnel, assets, liabilities, grants, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     transferred under section 1112 were held or used, arose from, 
     were available to, or were made available, in connection with 
     the performance of the respective functions specified in 
     paragraph (1) immediately prior to the effective date of this 
     title.

     SEC. 1114. DELEGATION AND RESERVATION OF FUNCTIONS.

       (a) In General.--
       (1) Delegation to the bureaus.--Under the direction of the 
     Secretary, and subject to section 112(b)(1) of the 
     Immigration and Nationality Act (as added by section 1103), 
     the Under Secretary shall delegate--
       (A) immigration service functions to the Assistant 
     Secretary for Immigration Services; and
       (B) immigration enforcement functions to the Assistant 
     Secretary for Immigration Enforcement.
       (2) Reservation of functions.--Subject to section 112(b)(1) 
     of the Immigration and Nationality Act (as added by section 
     1103), immigration policy, administration, and inspection 
     functions shall be reserved for exercise by the Under 
     Secretary.
       (b) Nonexclusive Delegations Authorized.--Delegations made 
     under subsection (a) may be on a nonexclusive basis as the 
     Under Secretary may determine may be necessary to ensure the 
     faithful execution of the Under Secretary's 
     responsibilities and duties under law.
       (c) Effect of Delegations.--Except as otherwise expressly 
     prohibited by law or otherwise provided in this title, the 
     Under Secretary may make delegations under this subsection to 
     such officers and employees of the office of the Under 
     Secretary, the Service Bureau, and the Enforcement Bureau, 
     respectively, as the Under Secretary may designate, and may 
     authorize successive redelegations of such functions as may 
     be necessary or appropriate. No delegation of functions under 
     this subsection or under any other provision of this title 
     shall relieve the official to whom a function is transferred 
     under this title of responsibility for the administration of 
     the function.
       (d) Statutory Construction.--Nothing in this division may 
     be construed to limit the authority of the Under Secretary, 
     acting directly or by delegation under the Secretary, to 
     establish such offices or positions within the Directorate of 
     Immigration Affairs, in addition to those specified by this 
     division, as the Under Secretary may determine to be 
     necessary to carry out the functions of the Directorate.

     SEC. 1115. ALLOCATION OF PERSONNEL AND OTHER RESOURCES.

       (a) Authority of the Under Secretary.--

[[Page S11108]]

       (1) In general.--Subject to paragraph (2) and section 
     1114(b), the Under Secretary shall make allocations of 
     personnel, assets, liabilities, grants, contracts, property, 
     records, and unexpended balances of appropriations, 
     authorizations, allocations, and other funds held, used, 
     arising from, available to, or to be made available in 
     connection with the performance of the respective functions, 
     as determined under section 1113, in accordance with the 
     delegation of functions and the reservation of functions made 
     under section 1114.
       (2) Limitation.--Unexpended funds transferred pursuant to 
     section 1112 shall be used only for the purposes for which 
     the funds were originally authorized and appropriated.
       (b) Authority To Terminate Affairs of INS.--The Attorney 
     General in consultation with the Secretary, shall provide for 
     the termination of the affairs of the Immigration and 
     Naturalization Service and such further measures and 
     dispositions as may be necessary to effectuate the purposes 
     of this division.
       (c) Treatment of Shared Resources.--The Under Secretary is 
     authorized to provide for an appropriate allocation, or 
     coordination, or both, of resources involved in supporting 
     shared support functions for the office of the Under 
     Secretary, the Service Bureau, and the Enforcement Bureau. 
     The Under Secretary shall maintain oversight and control over 
     the shared computer databases and systems and records 
     management.

     SEC. 1116. SAVINGS PROVISIONS.

       (a) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, recognition 
     of labor organizations, agreements, including collective 
     bargaining agreements, certificates, licenses, and 
     privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, the Attorney General, the 
     Commissioner of the Immigration and Naturalization Service, 
     their delegates, or any other Government official, or by a 
     court of competent jurisdiction, in the performance of any 
     function that is transferred under this title; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (b) Proceedings.--
       (1) Pending.--Sections 111 through 116 of the Immigration 
     and Nationality Act, as added by subtitle A of this title, 
     shall not affect any proceeding or any application for any 
     benefit, service, license, permit, certificate, or financial 
     assistance pending on the effective date of this title before 
     an office whose functions are transferred under this title, 
     but such proceedings and applications shall be continued.
       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (c) Suits.--This title, and the amendments made by this 
     title, shall not affect suits commenced before the effective 
     date of this title, and in all such suits, proceeding shall 
     be had, appeals taken, and judgments rendered in the same 
     manner and with the same effect as if this title, and the 
     amendments made by this title, had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of Justice 
     or the Immigration and Naturalization Service, or by or 
     against any individual in the official capacity of such 
     individual as an officer or employee in connection with a 
     function transferred pursuant to this section, shall abate by 
     reason of the enactment of this Act.
       (e) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and such function is transferred under this title to 
     any other officer or office, then such suit shall be 
     continued with the other officer or the head of such other 
     office, as applicable, substituted or added as a party.
       (f) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this title, any statutory 
     requirements relating to notice, hearings, action upon the 
     record, or administrative or judicial review that apply to 
     any function transferred under this title shall apply to the 
     exercise of such function by the head of the office, and 
     other officers of the office, to which such function is 
     transferred.

     SEC. 1117. INTERIM SERVICE OF THE COMMISSIONER OF IMMIGRATION 
                   AND NATURALIZATION.

       The individual serving as the Commissioner of Immigration 
     and Naturalization on the day before the effective date of 
     this title may serve as Under Secretary until the date on 
     which an Under Secretary is appointed under section 112 of 
     the Immigration and Nationality Act, as added by section 
     1103.

     SEC. 1118. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 
                   AUTHORITIES NOT AFFECTED.

       Nothing in this title, or any amendment made by this title, 
     may be construed to authorize or require the transfer or 
     delegation of any function vested in, or exercised by the 
     Executive Office for Immigration Review of the Department of 
     Justice (or its successor entity), or any officer, employee, 
     or component thereof immediately prior to the effective date 
     of this title.

     SEC. 1119. OTHER AUTHORITIES NOT AFFECTED.

       Nothing in this title, or any amendment made by this title, 
     may be construed to authorize or require the transfer or 
     delegation of any function vested in, or exercised by--
       (1) the Secretary of State under the State Department Basic 
     Authorities Act of 1956, or under the immigration laws of the 
     United States, immediately prior to the effective date of 
     this title, with respect to the issuance and use of passports 
     and visas;
       (2) the Secretary of Labor or any official of the 
     Department of Labor immediately prior to the effective date 
     of this title, with respect to labor certifications or any 
     other authority under the immigration laws of the United 
     States; or
       (3) except as otherwise specifically provided in this 
     division, any other official of the Federal Government under 
     the immigration laws of the United States immediately prior 
     to the effective date of this title.

     SEC. 1120. TRANSITION FUNDING.

       (a) Authorization of Appropriations for Transition.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Homeland Security such sums as may be 
     necessary--
       (A) to effect--
       (i) the abolition of the Immigration and Naturalization 
     Service;
       (ii) the establishment of the Directorate of Immigration 
     Affairs and its components, the Bureau of Immigration 
     Services, and the Bureau of Enforcement and Border Affairs; 
     and
       (iii) the transfer of functions required to be made under 
     this division; and
       (B) to carry out any other duty that is made necessary by 
     this division, or any amendment made by this division.
       (2) Activities supported.--Activities supported under 
     paragraph (1) include--
       (A) planning for the transfer of functions from the 
     Immigration and Naturalization Service to the Directorate of 
     Immigration Affairs, including the preparation of any reports 
     and implementation plans necessary for such transfer;
       (B) the division, acquisition, and disposition of--
       (i) buildings and facilities;
       (ii) support and infrastructure resources; and
       (iii) computer hardware, software, and related 
     documentation;
       (C) other capital expenditures necessary to effect the 
     transfer of functions described in this paragraph;
       (D) revision of forms, stationery, logos, and signage;
       (E) expenses incurred in connection with the transfer and 
     training of existing personnel and hiring of new personnel; 
     and
       (F) such other expenses necessary to effect the transfers, 
     as determined by the Secretary.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.
       (c) Transition Account.--
       (1) Establishment.--There is established in the general 
     fund of the Treasury of the United States a separate account, 
     which shall be known as the ``Directorate of Immigration 
     Affairs Transition Account'' (in this section referred to as 
     the ``Account'').
       (2) Use of account.--There shall be deposited into the 
     Account all amounts appropriated under subsection (a) and 
     amounts reprogrammed for the purposes described in subsection 
     (a).
       (d) Report to Congress on Transition.--Beginning not later 
     than 90 days after the effective date of division A of this 
     Act, and at the end of each fiscal year in which 
     appropriations are made pursuant to subsection (c), the 
     Secretary of Homeland Security shall submit a report to 
     Congress concerning the availability of funds to cover 
     transition costs, including--
       (1) any unobligated balances available for such purposes; 
     and
       (2) a calculation of the amount of appropriations that 
     would be necessary to fully fund the activities described in 
     subsection (a).
       (e) Effective Date.--This section shall take effect 1 year 
     after the effective date of division A of this Act.

                  Subtitle C--Miscellaneous Provisions

     SEC. 1121. FUNDING ADJUDICATION AND NATURALIZATION SERVICES.

       (a) Level of Fees.--Section 286(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(m)) is amended by striking 
     ``services, including the costs of similar services provided 
     without charge to asylum applicants or other immigrants'' 
     and inserting ``services''.
       (b) Use of Fees.--

[[Page S11109]]

       (1) In general.--Each fee collected for the provision of an 
     adjudication or naturalization service shall be used only to 
     fund adjudication or naturalization services or, subject to 
     the availability of funds provided pursuant to subsection 
     (c), costs of similar services provided without charge to 
     asylum and refugee applicants.
       (2) Prohibition.--No fee may be used to fund adjudication- 
     or naturalization-related audits that are not regularly 
     conducted in the normal course of operation.
       (c) Refugee and Asylum Adjudication Services.--
       (1) Authorization of appropriations.--In addition to such 
     sums as may be otherwise available for such purposes, there 
     are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of sections 207 through 
     209 of the Immigration and Nationality Act.
       (2) Availability of funds.--Funds appropriated pursuant to 
     paragraph (1) are authorized to remain available until 
     expended.
       (d) Separation of Funding.--
       (1) In general.--There shall be established separate 
     accounts in the Treasury of the United States for 
     appropriated funds and other collections available for the 
     Bureau of Immigration Services and the Bureau of Enforcement 
     and Border Affairs.
       (2) Fees.--Fees imposed for a particular service, 
     application, or benefit shall be deposited into the account 
     established under paragraph (1) that is for the bureau with 
     jurisdiction over the function to which the fee relates.
       (3) Fees not transferable.--No fee may be transferred 
     between the Bureau of Immigration Services and the Bureau of 
     Enforcement and Border Affairs for purposes not authorized by 
     section 286 of the Immigration and Nationality Act, as 
     amended by subsection (a).
       (e) Authorization of Appropriations for Backlog 
     Reduction.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary for each of the fiscal years 
     2003 through 2006 to carry out the Immigration Services and 
     Infrastructure Improvement Act of 2000 (title II of Public 
     Law 106-313).
       (2) Availability of funds.--Amounts appropriated under 
     paragraph (1) are authorized to remain available until 
     expended.
       (3) Infrastructure improvement account.--Amounts 
     appropriated under paragraph (1) shall be deposited into the 
     Immigration Services and Infrastructure Improvements Account 
     established by section 204(a)(2) of title II of Public Law 
     106-313.

     SEC. 1122. APPLICATION OF INTERNET-BASED TECHNOLOGIES.

       (a) Establishment of On-Line Database.--
       (1) In general.--Not later than 2 years after the effective 
     date of division A, the Secretary, in consultation with the 
     Under Secretary and the Technology Advisory Committee, shall 
     establish an Internet-based system that will permit an 
     immigrant, nonimmigrant, employer, or other person who files 
     any application, petition, or other request for any benefit 
     under the immigration laws of the United States access to on-
     line information about the processing status of the 
     application, petition, or other request.
       (2) Privacy considerations.--The Under Secretary shall 
     consider all applicable privacy issues in the establishment 
     of the Internet system described in paragraph (1). No 
     personally identifying information shall be accessible to 
     unauthorized persons.
       (3) Means of access.--The on-line information under the 
     Internet system described in paragraph (1) shall be 
     accessible to the persons described in paragraph (1) through 
     a personal identification number (PIN) or other personalized 
     password.
       (4) Prohibition on fees.--The Under Secretary shall not 
     charge any immigrant, nonimmigrant, employer, or other person 
     described in paragraph (1) a fee for access to the 
     information in the database that pertains to that person.
       (b) Feasibility Study for On-Line Filing and Improved 
     Processing.--
       (1) On-line filing.--
       (A) In general.--The Under Secretary, in consultation with 
     the Technology Advisory Committee, shall conduct a study to 
     determine the feasibility of on-line filing of the documents 
     described in subsection (a).
       (B) Study elements.--The study shall--
       (i) include a review of computerization and technology of 
     the Immigration and Naturalization Service (or successor 
     agency) relating to immigration services and the processing 
     of such documents;
       (ii) include an estimate of the time-frame and costs of 
     implementing on-line filing of such documents; and
       (iii) consider other factors in implementing such a filing 
     system, including the feasibility of the payment of fees on-
     line.
       (2) Report.--Not later than 2 years after the effective 
     date of division A, the Under Secretary shall submit to the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives a report on the findings of the study 
     conducted under this subsection.
       (c) Technology Advisory Committee.--
       (1) Establishment.--Not later than 1 year after the 
     effective date of division A, the Under Secretary shall 
     establish, after consultation with the Committees on the 
     Judiciary of the Senate and the House of Representatives, an 
     advisory committee (in this section referred to as the 
     ``Technology Advisory Committee'') to assist the Under 
     Secretary in--
       (A) establishing the tracking system under subsection (a); 
     and
       (B) conducting the study under subsection (b).
       (2) Composition.--The Technology Advisory Committee shall 
     be composed of--
       (A) experts from the public and private sector capable of 
     establishing and implementing the system in an expeditious 
     manner; and
       (B) representatives of persons or entities who may use the 
     tracking system described in subsection (a) and the on-line 
     filing system described in subsection (b)(1).

     SEC. 1123. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.

       (a) Assignments of Asylum Officers.--The Under Secretary 
     shall assign asylum officers to major ports of entry in the 
     United States to assist in the inspection of asylum seekers. 
     For other ports of entry, the Under Secretary shall take 
     steps to ensure that asylum officers participate in the 
     inspections process.
       (b) Amendment of the Immigration and Nationality Act.--
     Chapter 4 of title II of the Immigration and Nationality Act 
     (8 U.S.C. 1221 et seq.) is amended by inserting after section 
     236A the following new section:

     ``SEC. 236B. ALTERNATIVES TO DETENTION OF ASYLUM SEEKERS.

       ``(a) Development of Alternatives to Detention.--The Under 
     Secretary shall--
       ``(1) authorize and promote the utilization of alternatives 
     to the detention of asylum seekers who do not have 
     nonpolitical criminal records; and
       ``(2) establish conditions for the detention of asylum 
     seekers that ensure a safe and humane environment.
       ``(b) Specific Alternatives for Consideration.--The Under 
     Secretary shall consider the following specific alternatives 
     to the detention of asylum seekers described in subsection 
     (a):
       ``(1) Parole from detention.
       ``(2) For individuals not otherwise qualified for parole 
     under paragraph (1), parole with appearance assistance 
     provided by private nonprofit voluntary agencies with 
     expertise in the legal and social needs of asylum seekers.
       ``(3) For individuals not otherwise qualified for parole 
     under paragraph (1) or (2), non-secure shelter care or group 
     homes operated by private nonprofit voluntary agencies with 
     expertise in the legal and social needs of asylum seekers.
       ``(4) Noninstitutional settings for minors such as foster 
     care or group homes operated by private nonprofit voluntary 
     agencies with expertise in the legal and social needs of 
     asylum seekers.
       ``(c) Regulations.--The Under Secretary shall promulgate 
     such regulations as may be necessary to carry out this 
     section.
       ``(d) Definition.--In this section, the term `asylum 
     seeker' means any applicant for asylum under section 208 or 
     any alien who indicates an intention to apply for asylum 
     under that section.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 236A the following new item:

``Sec. 236B. Alternatives to detention of asylum seekers.''.

                       Subtitle D--Effective Date

     SEC. 1131. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect one year after the effective date of division A 
     of this Act.

            TITLE XII--UNACCOMPANIED ALIEN CHILD PROTECTION

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Unaccompanied Alien Child 
     Protection Act of 2002''.

     SEC. 1202. DEFINITIONS.

       (a) In General.--In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the Office.
       (2) Office.--The term ``Office'' means the Office of 
     Refugee Resettlement as established by section 411 of the 
     Immigration and Nationality Act.
       (3) Service.--The term ``Service'' means the Immigration 
     and Naturalization Service (or, upon the effective date of 
     title XI, the Directorate of Immigration Affairs).
       (4) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' means a child who--
       (A) has no lawful immigration status in the United States;
       (B) has not attained the age of 18; and
       (C) with respect to whom--
       (i) there is no parent or legal guardian in the United 
     States; or
       (ii) no parent or legal guardian in the United States is 
     available to provide care and physical custody.
       (5) Voluntary agency.--The term ``voluntary agency'' means 
     a private, nonprofit voluntary agency with expertise in 
     meeting the cultural, developmental, or psychological needs 
     of unaccompanied alien children as licensed by the 
     appropriate State and certified by the Director of the Office 
     of Refugee Resettlement.
       (b) Amendments to the Immigration and Nationality Act.--
     Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the 
     end the following new paragraphs:
       ``(53) The term `unaccompanied alien child' means a child 
     who--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) has not attained the age of 18; and
       ``(C) with respect to whom--

[[Page S11110]]

       ``(i) there is no parent or legal guardian in the United 
     States; or
       ``(ii) no parent or legal guardian in the United States is 
     able to provide care and physical custody.
       ``(54) The term `unaccompanied refugee children' means 
     persons described in paragraph (42) who--
       ``(A) have not attained the age of 18; and
       ``(B) with respect to whom there are no parents or legal 
     guardians available to provide care and physical custody.''.

                     Subtitle A--Structural Changes

     SEC. 1211. RESPONSIBILITIES OF THE OFFICE OF REFUGEE 
                   RESETTLEMENT WITH RESPECT TO UNACCOMPANIED 
                   ALIEN CHILDREN.

       (a) In General.--
       (1) Responsibilities of the office.--The Office shall be 
     responsible for--
       (A) coordinating and implementing the care and placement 
     for unaccompanied alien children who are in Federal custody 
     by reason of their immigration status; and
       (B) ensuring minimum standards of detention for all 
     unaccompanied alien children.
       (2) Duties of the director with respect to unaccompanied 
     alien children.--The Director shall be responsible under this 
     title for--
       (A) ensuring that the best interests of the child are 
     considered in decisions and actions relating to the care and 
     placement of an unaccompanied alien child;
       (B) making placement, release, and detention determinations 
     for all unaccompanied alien children in the custody of the 
     Office;
       (C) implementing the placement, release, and detention 
     determinations made by the Office;
       (D) convening, in the absence of the Assistant Secretary, 
     Administration for Children and Families of the Department of 
     Health and Human Services, the Interagency Task Force on 
     Unaccompanied Alien Children established in section 1212;
       (E) identifying a sufficient number of qualified persons, 
     entities, and facilities to house unaccompanied alien 
     children in accordance with sections 1222 and 1223;
       (F) overseeing the persons, entities, and facilities 
     described in sections 1222 and 1223 to ensure their 
     compliance with such provisions;
       (G) compiling, updating, and publishing at least annually a 
     State-by-State list of professionals or other entities 
     qualified to contract with the Office to provide the services 
     described in sections 1231 and 1232;
       (H) maintaining statistical information and other data on 
     unaccompanied alien children in the Office's custody and 
     care, which shall include--
       (i) biographical information such as the child's name, 
     gender, date of birth, country of birth, and country of 
     habitual residence;
       (ii) the date on which the child came into Federal custody, 
     including each instance in which such child came into the 
     custody of--

       (I) the Service; or
       (II) the Office;

       (iii) information relating to the custody, detention, 
     release, and repatriation of unaccompanied alien children who 
     have been in the custody of the Office;
       (iv) in any case in which the child is placed in detention, 
     an explanation relating to the detention; and
       (v) the disposition of any actions in which the child is 
     the subject;
       (I) collecting and compiling statistical information from 
     the Service, including Border Patrol and inspections 
     officers, on the unaccompanied alien children with whom they 
     come into contact; and
       (J) conducting investigations and inspections of facilities 
     and other entities in which unaccompanied alien children 
     reside.
       (3) Duties with respect to foster care.--In carrying out 
     the duties described in paragraph (3)(F), the Director is 
     encouraged to utilize the refugee children foster care system 
     established under section 412(d)(2) of the Immigration and 
     Nationality Act for the placement of unaccompanied alien 
     children.
       (4) Powers.--In carrying out the duties under paragraph 
     (3), the Director shall have the power to--
       (A) contract with service providers to perform the services 
     described in sections 1222, 1223, 1231, and 1232; and
       (B) compel compliance with the terms and conditions set 
     forth in section 1223, including the power to terminate the 
     contracts of providers that are not in compliance with such 
     conditions and reassign any unaccompanied alien child to a 
     similar facility that is in compliance with such section.
       (b) No Effect on Service, EOIR, and Department of State 
     Adjudicatory Responsibilities.--Nothing in this title may be 
     construed to transfer the responsibility for adjudicating 
     benefit determinations under the Immigration and Nationality 
     Act from the authority of any official of the Service, the 
     Executive Office of Immigration Review (or successor entity), 
     or the Department of State.

     SEC. 1212. ESTABLISHMENT OF INTERAGENCY TASK FORCE ON 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Establishment.--There is established an Interagency 
     Task Force on Unaccompanied Alien Children.
       (b) Composition.--The Task Force shall consist of the 
     following members:
       (1) The Assistant Secretary, Administration for Children 
     and Families, Department of Health and Human Services.
       (2) The Under Secretary of Homeland Security for 
     Immigration Affairs.
       (3) The Assistant Secretary of State for Population, 
     Refugees, and Migration.
       (4) The Director.
       (5) Such other officials in the executive branch of 
     Government as may be designated by the President.
       (c) Chairman.--The Task Force shall be chaired by the 
     Assistant Secretary, Administration for Children and 
     Families, Department of Health and Human Services.
       (d) Activities of the Task Force.--In consultation with 
     nongovernmental organizations, the Task Force shall--
       (1) measure and evaluate the progress of the United States 
     in treating unaccompanied alien children in United States 
     custody; and
       (2) expand interagency procedures to collect and organize 
     data, including significant research and resource information 
     on the needs and treatment of unaccompanied alien children in 
     the custody of the United States Government.

     SEC. 1213. TRANSITION PROVISIONS.

       (a) Transfer of Functions.--All functions with respect to 
     the care and custody of unaccompanied alien children under 
     the immigration laws of the United States vested by statute 
     in, or exercised by, the Commissioner of Immigration and 
     Naturalization (or any officer, employee, or component 
     thereof), immediately prior to the effective date of this 
     subtitle, are transferred to the Office.
       (b) Transfer and Allocations of Appropriations and 
     Personnel.--The personnel employed in connection with, and 
     the assets, liabilities, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds employed, used, held, arising 
     from, available to, or to be made available in connection 
     with the functions transferred by this section, subject to 
     section 1531 of title 31, United States Code, shall be 
     transferred to the Office. Unexpended funds transferred 
     pursuant to this section shall be used only for the purposes 
     for which the funds were originally authorized and 
     appropriated.
       (c) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, recognition 
     of labor organizations, agreements, including collective 
     bargaining agreements, certificates, licenses, and 
     privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, the Attorney General, the 
     Commissioner of the Immigration and Naturalization Service, 
     their delegates, or any other Government official, or by a 
     court of competent jurisdiction, in the performance of any 
     function that is transferred pursuant to this section; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (d) Proceedings.--
       (1) Pending.--The transfer of functions under subsection 
     (a) shall not affect any proceeding or any application for 
     any benefit, service, license, permit, certificate, or 
     financial assistance pending on the effective date of this 
     subtitle before an office whose functions are transferred 
     pursuant to this section, but such proceedings and 
     applications shall be continued.
       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (e) Suits.--This section shall not affect suits commenced 
     before the effective date of this subtitle, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this section had not been enacted.
       (f) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of Justice 
     or the Immigration and Naturalization Service, or by or 
     against any individual in the official capacity of such 
     individual as an officer or employee in connection with a 
     function transferred under this section, shall abate by 
     reason of the enactment of this Act.
       (g) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and pursuant to this section such function is 
     transferred to any other officer or office, then such suit 
     shall be continued with the other officer or the head of such 
     other office, as applicable, substituted or added as a party.
       (h) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this title, any statutory 
     requirements relating to notice, hearings, action upon the

[[Page S11111]]

     record, or administrative or judicial review that apply to 
     any function transferred pursuant to any provision of this 
     section shall apply to the exercise of such function by the 
     head of the office, and other officers of the office, to 
     which such function is transferred pursuant to such 
     provision.

     SEC. 1214. EFFECTIVE DATE.

       This subtitle shall take effect one year after the 
     effective date of division A of this Act.

   Subtitle B--Custody, Release, Family Reunification, and Detention

     SEC. 1221. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Unaccompanied Children Found Along the United States 
     Border or at United States Ports of Entry.--
       (1) In general.--Subject to paragraph (2), if an 
     immigration officer finds an unaccompanied alien child who is 
     described in paragraph (2) at a land border or port of entry 
     of the United States and determines that such child is 
     inadmissible under the Immigration and Nationality Act, the 
     officer shall--
       (A) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act; and
       (B) remove such child from the United States.
       (2) Special rule for contiguous countries.--
       (A) In general.--Any child who is a national or habitual 
     resident of a country that is contiguous with the United 
     States and that has an agreement in writing with the United 
     States providing for the safe return and orderly repatriation 
     of unaccompanied alien children who are nationals or habitual 
     residents of such country shall be treated in accordance with 
     paragraph (1), unless a determination is made on a case-by-
     case basis that--
       (i) such child has a fear of returning to the child's 
     country of nationality or country of last habitual residence 
     owing to a fear of persecution;
       (ii) the return of such child to the child's country of 
     nationality or country of last habitual residence would 
     endanger the life or safety of such child; or
       (iii) the child cannot make an independent decision to 
     withdraw the child's application for admission due to age or 
     other lack of capacity.
       (B) Right of consultation.--Any child described in 
     subparagraph (A) shall have the right to consult with a 
     consular officer from the child's country of nationality or 
     country of last habitual residence prior to repatriation, as 
     well as consult with the Office, telephonically, and such 
     child shall be informed of that right.
       (3) Rule for apprehensions at the border.--The custody of 
     unaccompanied alien children not described in paragraph (2) 
     who are apprehended at the border of the United States or at 
     a United States port of entry shall be treated in accordance 
     with the provisions of subsection (b).
       (b) Custody of Unaccompanied Alien Children Found in the 
     Interior of the United States.--
       (1) Establishment of jurisdiction.--
       (A) In general.--Except as otherwise provided under 
     subsection (a) and subparagraphs (B) and (C), the custody of 
     all unaccompanied alien children, including responsibility 
     for their detention, where appropriate, shall be under the 
     jurisdiction of the Office.
       (B) Exception for children who have committed crimes.--
     Notwithstanding subparagraph (A), the Service shall retain or 
     assume the custody and care of any unaccompanied alien child 
     who--
       (i) has been charged with any felony, excluding offenses 
     proscribed by the Immigration and Nationality Act, while such 
     charges are pending; or
       (ii) has been convicted of any such felony.
       (C) Exception for children who threaten national 
     security.--Notwithstanding subparagraph (A), the Service 
     shall retain or assume the custody and care of an 
     unaccompanied alien child if the Secretary of Homeland 
     Security has substantial evidence that such child endangers 
     the national security of the United States.
       (2) Notification.--Upon apprehension of an unaccompanied 
     alien child, the Secretary shall promptly notify the Office.
       (3) Transfer of unaccompanied alien children.--
       (A) Transfer to the office.--The care and custody of an 
     unaccompanied alien child shall be transferred to the 
     Office--
       (i) in the case of a child not described in paragraph (1) 
     (B) or (C), not later than 72 hours after the apprehension of 
     such child; or
       (ii) in the case of a child whose custody has been retained 
     or assumed by the Service pursuant to paragraph (1) (B) or 
     (C), immediately following a determination that the child no 
     longer meets the description set forth in such paragraph.
       (B) Transfer to the service.--Upon determining that a child 
     in the custody of the Office is described in paragraph (1) 
     (B) or (C), the Director shall promptly make arrangements to 
     transfer the care and custody of such child to the Service.
       (c) Age Determinations.--In any case in which the age of an 
     alien is in question and the resolution of questions about 
     such alien's age would affect the alien's eligibility for 
     treatment under the provisions of this title, a determination 
     of whether such alien meets the age requirements of this 
     title shall be made in accordance with the provisions of 
     section 1225.

     SEC. 1222. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN 
                   CHILDREN WITH RELATIVES IN THE UNITED STATES.

       (a) Placement Authority.--
       (1) Order of preference.--Subject to the Director's 
     discretion under paragraph (4) and section 1223(a)(2), an 
     unaccompanied alien child in the custody of the Office shall 
     be promptly placed with one of the following individuals in 
     the following order of preference:
       (A) A parent who seeks to establish custody, as described 
     in paragraph (3)(A).
       (B) A legal guardian who seeks to establish custody, as 
     described in paragraph (3)(A).
       (C) An adult relative.
       (D) An entity designated by the parent or legal guardian 
     that is capable and willing to care for the child's well-
     being.
       (E) A State-licensed juvenile shelter, group home, or 
     foster home willing to accept legal custody of the child.
       (F) A qualified adult or entity seeking custody of the 
     child when it appears that there is no other likely 
     alternative to long-term detention and family reunification 
     does not appear to be a reasonable alternative. For purposes 
     of this subparagraph, the qualification of the adult or 
     entity shall be decided by the Office.
       (2) Home study.--Notwithstanding the provisions of 
     paragraph (1), no unaccompanied alien child shall be placed 
     with a person or entity unless a valid home-study conducted 
     by an agency of the State of the child's proposed residence, 
     by an agency authorized by that State to conduct such a 
     study, or by an appropriate voluntary agency contracted with 
     the Office to conduct such studies has found that the person 
     or entity is capable of providing for the child's physical 
     and mental well-being.
       (3) Right of parent or legal guardian to custody of 
     unaccompanied alien child.--
       (A) Placement with parent or legal guardian.--If an 
     unaccompanied alien child is placed with any person or entity 
     other than a parent or legal guardian, but subsequent to that 
     placement a parent or legal guardian seeks to establish 
     custody, the Director shall assess the suitability of 
     placing the child with the parent or legal guardian and 
     shall make a written determination on the child's 
     placement within 30 days.
       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) supersede obligations under any treaty or other 
     international agreement to which the United States is a 
     party, including The Hague Convention on the Civil Aspects of 
     International Child Abduction, the Vienna Declaration and 
     Programme of Action, and the Declaration of the Rights of the 
     Child; or
       (ii) limit any right or remedy under such international 
     agreement.
       (4) Protection from smugglers and traffickers.--The 
     Director shall take affirmative steps to ensure that 
     unaccompanied alien children are protected from smugglers, 
     traffickers, or others seeking to victimize or otherwise 
     engage such children in criminal, harmful, or exploitative 
     activity. Attorneys involved in such activities should be 
     reported to their State bar associations for disciplinary 
     action.
       (5) Grants and contracts.--Subject to the availability of 
     appropriations, the Director is authorized to make grants to, 
     and enter into contracts with, voluntary agencies to carry 
     out the provisions of this section.
       (6) Reimbursement of state expenses.--Subject to the 
     availability of appropriations, the Director is authorized to 
     reimburse States for any expenses they incur in providing 
     assistance to unaccompanied alien children who are served 
     pursuant to this title.
       (b) Confidentiality.--All information obtained by the 
     Office relating to the immigration status of a person listed 
     in subsection (a) shall remain confidential and may be used 
     only for the purposes of determining such person's 
     qualifications under subsection (a)(1).

     SEC. 1223. APPROPRIATE CONDITIONS FOR DETENTION OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Standards for Placement.--
       (1) Prohibition of detention in certain facilities.--Except 
     as provided in paragraph (2), an unaccompanied alien child 
     shall not be placed in an adult detention facility or a 
     facility housing delinquent children.
       (2) Detention in appropriate facilities.--An unaccompanied 
     alien child who has exhibited a violent or criminal behavior 
     that endangers others may be detained in conditions 
     appropriate to the behavior in a facility appropriate for 
     delinquent children.
       (3) State licensure.--In the case of a placement of a child 
     with an entity described in section 1222(a)(1)(E), the entity 
     must be licensed by an appropriate State agency to provide 
     residential, group, child welfare, or foster care services 
     for dependent children.
       (4) Conditions of detention.--
       (A) In general.--The Director shall promulgate regulations 
     incorporating standards for conditions of detention in such 
     placements that provide for--
       (i) educational services appropriate to the child;
       (ii) medical care;
       (iii) mental health care, including treatment of trauma;
       (iv) access to telephones;
       (v) access to legal services;
       (vi) access to interpreters;
       (vii) supervision by professionals trained in the care of 
     children, taking into account the special cultural, 
     linguistic, and experiential

[[Page S11112]]

     needs of children in immigration proceedings;
       (viii) recreational programs and activities;
       (ix) spiritual and religious needs; and
       (x) dietary needs.
       (B) Notification of children.--Such regulations shall 
     provide that all children are notified orally and in writing 
     of such standards.
       (b) Prohibition of Certain Practices.--The Director and the 
     Secretary of Homeland Security shall develop procedures 
     prohibiting the unreasonable use of--
       (1) shackling, handcuffing, or other restraints on 
     children;
       (2) solitary confinement; or
       (3) pat or strip searches.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to supersede procedures favoring release of 
     children to appropriate adults or entities or placement in 
     the least secure setting possible, as defined in the 
     Stipulated Settlement Agreement under Flores v. Reno.

     SEC. 1224. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

       (a) Country Conditions.--
       (1) Sense of congress.--It is the sense of Congress that, 
     to the extent consistent with the treaties and other 
     international agreements to which the United States is a 
     party and to the extent practicable, the United States 
     Government should undertake efforts to ensure that it does 
     not repatriate children in its custody into settings that 
     would threaten the life and safety of such children.
       (2) Assessment of conditions.--
       (A) In general.--In carrying out repatriations of 
     unaccompanied alien children, the Office shall conduct 
     assessments of country conditions to determine the extent to 
     which the country to which a child is being repatriated has a 
     child welfare system capable of ensuring the child's well 
     being.
       (B) Factors for assessment.--In assessing country 
     conditions, the Office shall, to the maximum extent 
     practicable, examine the conditions specific to the locale of 
     the child's repatriation.
       (b) Report on Repatriation of Unaccompanied Alien 
     Children.--Beginning not later than 18 months after the date 
     of enactment of this Act, and annually thereafter, the 
     Director shall submit a report to the Judiciary Committees of 
     the House of Representatives and Senate on the Director's 
     efforts to repatriate unaccompanied alien children. Such 
     report shall include at a minimum the following information:
       (1) The number of unaccompanied alien children ordered 
     removed and the number of such children actually removed from 
     the United States.
       (2) A description of the type of immigration relief sought 
     and denied to such children.
       (3) A statement of the nationalities, ages, and gender of 
     such children.
       (4) A description of the procedures used to effect the 
     removal of such children from the United States.
       (5) A description of steps taken to ensure that such 
     children were safely and humanely repatriated to their 
     country of origin.
       (6) Any information gathered in assessments of country and 
     local conditions pursuant to subsection (a)(2).

     SEC. 1225. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN 
                   CHILD.

       The Director shall develop procedures that permit the 
     presentation and consideration of a variety of forms of 
     evidence, including testimony of a child and other persons, 
     to determine an unaccompanied alien child's age for purposes 
     of placement, custody, parole, and detention. Such procedures 
     shall allow the appeal of a determination to an immigration 
     judge. Radiographs shall not be the sole means of determining 
     age.

     SEC. 1226. EFFECTIVE DATE.

       This subtitle shall take effect one year after the 
     effective date of division A of this Act.

  Subtitle C--Access by Unaccompanied Alien Children to Guardians Ad 
                           Litem and Counsel

     SEC. 1231. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS 
                   AD LITEM.

       (a) Guardian Ad Litem.--
       (1) Appointment.--The Director shall appoint a guardian ad 
     litem who meets the qualifications described in paragraph (2) 
     for each unaccompanied alien child in the custody of the 
     Office not later than 72 hours after the Office assumes 
     physical or constructive custody of such child. The Director 
     is encouraged, wherever practicable, to contract with a 
     voluntary agency for the selection of an individual to be 
     appointed as a guardian ad litem under this paragraph.
       (2) Qualifications of guardian ad litem.--
       (A) In general.--No person shall serve as a guardian ad 
     litem unless such person--
       (i) is a child welfare professional or other individual who 
     has received training in child welfare matters; and
       (ii) possesses special training on the nature of problems 
     encountered by unaccompanied alien children.
       (B) Prohibition.--A guardian ad litem shall not be an 
     employee of the Service.
       (3) Duties.--The guardian ad litem shall--
       (A) conduct interviews with the child in a manner that is 
     appropriate, taking into account the child's age;
       (B) investigate the facts and circumstances relevant to 
     such child's presence in the United States, including facts 
     and circumstances arising in the country of the child's 
     nationality or last habitual residence and facts and 
     circumstances arising subsequent to the child's departure 
     from such country;
       (C) work with counsel to identify the child's eligibility 
     for relief from removal or voluntary departure by sharing 
     with counsel information collected under subparagraph (B);
       (D) develop recommendations on issues relative to the 
     child's custody, detention, release, and repatriation;
       (E) ensure that the child's best interests are promoted 
     while the child participates in, or is subject to, 
     proceedings or actions under the Immigration and Nationality 
     Act;
       (F) ensure that the child understands such determinations 
     and proceedings; and
       (G) report findings and recommendations to the Director and 
     to the Executive Office of Immigration Review (or successor 
     entity).
       (4) Termination of appointment.--The guardian ad litem 
     shall carry out the duties described in paragraph (3) until--
       (A) those duties are completed,
       (B) the child departs the United States,
       (C) the child is granted permanent resident status in the 
     United States,
       (D) the child attains the age of 18, or
       (E) the child is placed in the custody of a parent or legal 
     guardian,
     whichever occurs first.
       (5) Powers.--The guardian ad litem--
       (A) shall have reasonable access to the child, including 
     access while such child is being held in detention or in the 
     care of a foster family;
       (B) shall be permitted to review all records and 
     information relating to such proceedings that are not deemed 
     privileged or classified;
       (C) may seek independent evaluations of the child;
       (D) shall be notified in advance of all hearings involving 
     the child that are held in connection with proceedings under 
     the Immigration and Nationality Act, and shall be given a 
     reasonable opportunity to be present at such hearings; and
       (E) shall be permitted to consult with the child during any 
     hearing or interview involving such child.
       (b) Training.--The Director shall provide professional 
     training for all persons serving as guardians ad litem under 
     this section in the circumstances and conditions that 
     unaccompanied alien children face as well as in the various 
     immigration benefits for which such a child might be 
     eligible.

     SEC. 1232. RIGHT OF UNACCOMPANIED ALIEN CHILDREN TO COUNSEL.

       (a) Access to Counsel.--
       (1) In general.--The Director shall ensure that all 
     unaccompanied alien children in the custody of the Office or 
     in the custody of the Service who are not described in 
     section 1221(a)(2) shall have competent counsel to represent 
     them in immigration proceedings or matters.
       (2) Pro bono representation.--To the maximum extent 
     practicable, the Director shall utilize the services of pro 
     bono attorneys who agree to provide representation to such 
     children without charge.
       (3) Government funded representation.--
       (A) Appointment of competent counsel.--Notwithstanding 
     section 292 of the Immigration and Nationality Act (8 U.S.C. 
     1362) or any other provision of law, when no competent 
     counsel is available to represent an unaccompanied alien 
     child without charge, the Director shall appoint competent 
     counsel for such child at the expense of the Government.
       (B) Limitation on attorney fees.--Counsel appointed under 
     subparagraph (A) may not be compensated at a rate in excess 
     of the rate provided under section 3006A of title 18, United 
     States Code.
       (C) Assumption of the cost of government-paid counsel.--In 
     the case of a child for whom counsel is appointed under 
     subparagraph (A) who is subsequently placed in the physical 
     custody of a parent or legal guardian, such parent or legal 
     guardian may elect to retain the same counsel to continue 
     representation of the child, at no expense to the Government, 
     beginning on the date that the parent or legal guardian 
     assumes physical custody of the child.
       (4) Development of necessary infrastructures and systems.--
     In ensuring that legal representation is provided to such 
     children, the Director shall develop the necessary mechanisms 
     to identify entities available to provide such legal 
     assistance and representation and to recruit such entities.
       (5) Contracting and grant making authority.--
       (A) In general.--Subject to the availability of 
     appropriations, the Director shall enter into contracts with 
     or make grants to national nonprofit agencies with relevant 
     expertise in the delivery of immigration-related legal 
     services to children in order to carry out this subsection.
       (B) Ineligibility for grants and contracts.--In making 
     grants and entering into contracts with such agencies, the 
     Director shall ensure that no such agency is--
       (i) a grantee or contractee for services provided under 
     section 1222 or 1231; and
       (ii) simultaneously a grantee or contractee for services 
     provided under subparagraph (A).
       (b) Requirement of Legal Representation.--The Director 
     shall ensure that all unaccompanied alien children have legal 
     representation within 7 days of the child coming into Federal 
     custody.
       (c) Duties.--Counsel shall represent the unaccompanied 
     alien child all proceedings and actions relating to the 
     child's immigration status or other actions involving the

[[Page S11113]]

     Service and appear in person for all individual merits 
     hearings before the Executive Office for Immigration Review 
     (or its successor entity) and interviews involving the 
     Service.
       (d) Access to Child.--
       (1) In general.--Counsel shall have reasonable access to 
     the unaccompanied alien child, including access while the 
     child is being held in detention, in the care of a foster 
     family, or in any other setting that has been determined by 
     the Office.
       (2) Restriction on transfers.--Absent compelling and 
     unusual circumstances, no child who is represented by counsel 
     shall be transferred from the child's placement to another 
     placement unless advance notice of at least 24 hours is made 
     to counsel of such transfer.
       (e) Termination of Appointment.--Counsel shall carry out 
     the duties described in subsection (c) until--
       (1) those duties are completed,
       (2) the child departs the United States,
       (3) the child is granted withholding of removal under 
     section 241(b)(3) of the Immigration and Nationality Act,
       (4) the child is granted protection under the Convention 
     Against Torture,
       (5) the child is granted asylum in the United States under 
     section 208 of the Immigration and Nationality Act,
       (6) the child is granted permanent resident status in the 
     United States, or
       (7) the child attains 18 years of age,
     whichever occurs first.
       (f) Notice to Counsel During Immigration Proceedings.--
       (1) In general.--Except when otherwise required in an 
     emergency situation involving the physical safety of the 
     child, counsel shall be given prompt and adequate notice of 
     all immigration matters affecting or involving an 
     unaccompanied alien child, including adjudications, 
     proceedings, and processing, before such actions are taken.
       (2) Opportunity to consult with counsel.--An unaccompanied 
     alien child in the custody of the Office may not give consent 
     to any immigration action, including consenting to voluntary 
     departure, unless first afforded an opportunity to consult 
     with counsel.
       (g) Access to Recommendations of Guardian Ad Litem.--
     Counsel shall be afforded an opportunity to review the 
     recommendation by the guardian ad litem affecting or 
     involving a client who is an unaccompanied alien child.

     SEC. 1233. EFFECTIVE DATE; APPLICABILITY.

       (a) Effective Date.--This subtitle shall take effect one 
     year after the effective date of division A of this Act.
       (b) Applicability.--The provisions of this subtitle shall 
     apply to all unaccompanied alien children in Federal custody 
     on, before, or after the effective date of this subtitle.

 Subtitle D--Strengthening Policies for Permanent Protection of Alien 
                                Children

     SEC. 1241. SPECIAL IMMIGRANT JUVENILE VISA.

       (a) J Visa.--Section 101(a)(27)(J) (8 U.S.C. 
     1101(a)(27)(J)) is amended to read as follows:
       ``(J) an immigrant under the age of 18 on the date of 
     application who is present in the United States--
       ``(i) who has been declared dependent on a juvenile court 
     located in the United States or whom such a court has legally 
     committed to, or placed under the custody of, a department or 
     agency of a State, or an individual or entity appointed by a 
     State, and who has been deemed eligible by that court for 
     long-term foster care due to abuse, neglect, or abandonment, 
     or a similar basis found under State law;
       ``(ii) for whom it has been determined in administrative or 
     judicial proceedings that it would not be in the alien's best 
     interest to be returned to the alien's or parent's previous 
     country of nationality or country of last habitual residence; 
     and
       ``(iii) for whom the Office of Refugee Resettlement of the 
     Department of Health and Human Services has certified to the 
     Under Secretary of Homeland Security for Immigration Affairs 
     that the classification of an alien as a special immigrant 
     under this subparagraph has not been made solely to provide 
     an immigration benefit to that alien;

     except that no natural parent or prior adoptive parent of any 
     alien provided special immigrant status under this 
     subparagraph shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this 
     Act;''.
       (b) Adjustment of Status.--Section 245(h)(2) (8 U.S.C. 
     1255(h)(2)) is amended--
       (1) by amending subparagraph (A) to read as follows:
       ``(A) paragraphs (1), (4), (5), (6), and (7)(A) of section 
     212(a) shall not apply,'';
       (2) in subparagraph (B), by striking the period and 
     inserting ``, and''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) the Secretary of Homeland Security may waive 
     paragraph (2) (A) and (B) in the case of an offense which 
     arose as a consequence of the child being unaccompanied.''.
       (c) Eligibility for Assistance.--A child who has been 
     granted relief under section 101(a)(27)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)(J)), as amended by 
     subsection (a), and who is in the custody of a State shall be 
     eligible for all funds made available under section 412(d) of 
     such Act.

     SEC. 1242. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES 
                   WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Training of State and Local Officials and Certain 
     Private Parties.--The Secretary of Health and Human Services, 
     acting jointly with the Secretary, shall provide appropriate 
     training to be available to State and county officials, child 
     welfare specialists, teachers, public counsel, and juvenile 
     judges who come into contact with unaccompanied alien 
     children. The training shall provide education on the 
     processes pertaining to unaccompanied alien children with 
     pending immigration status and on the forms of relief 
     potentially available. The Director shall be responsible for 
     establishing a core curriculum that can be incorporated into 
     currently existing education, training, or orientation 
     modules or formats that are currently used by these 
     professionals.
       (b) Training of Service Personnel.--The Secretary, acting 
     jointly with the Secretary of Health and Human Services, 
     shall provide specialized training to all personnel of the 
     Service who come into contact with unaccompanied alien 
     children. In the case of Border Patrol agents and immigration 
     inspectors, such training shall include specific training on 
     identifying children at the United States border or at United 
     States ports of entry who have been victimized by smugglers 
     or traffickers, and children for whom asylum or special 
     immigrant relief may be appropriate, including children 
     described in section 1221(a)(2).

     SEC. 1243. EFFECTIVE DATE.

       The amendment made by section 1241 shall apply to all 
     eligible children who were in the United States before, on, 
     or after the date of enactment of this Act.

            Subtitle E--Children Refugee and Asylum Seekers

     SEC. 1251. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

       (a) Sense of Congress.--Congress commends the Service for 
     its issuance of its ``Guidelines for Children's Asylum 
     Claims'', dated December 1998, and encourages and supports 
     the Service's implementation of such guidelines in an effort 
     to facilitate the handling of children's asylum claims. 
     Congress calls upon the Executive Office for Immigration 
     Review of the Department of Justice (or successor entity) to 
     adopt the ``Guidelines for Children's Asylum Claims'' in its 
     handling of children's asylum claims before immigration 
     judges and the Board of Immigration Appeals.
       (b) Training.--The Secretary of Homeland Security shall 
     provide periodic comprehensive training under the 
     ``Guidelines for Children's Asylum Claims'' to asylum 
     officers, immigration judges, members of the Board of 
     Immigration Appeals, and immigration officers who have 
     contact with children in order to familiarize and sensitize 
     such officers to the needs of children asylum seekers. 
     Voluntary agencies shall be allowed to assist in such 
     training.

     SEC. 1252. UNACCOMPANIED REFUGEE CHILDREN.

       (a) Identifying Unaccompanied Refugee Children.--Section 
     207(e) (8 U.S.C. 1157(e)) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (4), (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) An analysis of the worldwide situation faced by 
     unaccompanied refugee children, by region. Such analysis 
     shall include an assessment of--
       ``(A) the number of unaccompanied refugee children, by 
     region;
       ``(B) the capacity of the Department of State to identify 
     such refugees;
       ``(C) the capacity of the international community to care 
     for and protect such refugees;
       ``(D) the capacity of the voluntary agency community to 
     resettle such refugees in the United States;
       ``(E) the degree to which the United States plans to 
     resettle such refugees in the United States in the coming 
     fiscal year; and
       ``(F) the fate that will befall such unaccompanied refugee 
     children for whom resettlement in the United States is not 
     possible.''.
       (b) Training on the Needs of Unaccompanied Refugee 
     Children.--Section 207(f)(2) (8 U.S.C. 1157(f)(2)) is amended 
     by--
       (1) striking ``and'' after ``countries,''; and
       (2) inserting before the period at the end the following: 
     ``, and instruction on the needs of unaccompanied refugee 
     children''.

              Subtitle F--Authorization of Appropriations

     SEC. 1261. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     this title.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.

        TITLE XIII--AGENCY FOR IMMIGRATION HEARINGS AND APPEALS

                   Subtitle A--Structure and Function

     SEC. 1301. ESTABLISHMENT.

       (a) In General.--There is established within the Department 
     of Justice the Agency for Immigration Hearings and Appeals 
     (in this title referred to as the ``Agency'').
       (b) Abolition of EOIR.--The Executive Office for 
     Immigration Review of the Department of Justice is hereby 
     abolished.

     SEC. 1302. DIRECTOR OF THE AGENCY.

       (a) Appointment.--There shall be at the head of the Agency 
     a Director who shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       (b) Offices.--The Director shall appoint a Deputy Director, 
     General Counsel, Pro Bono

[[Page S11114]]

     Coordinator, and other offices as may be necessary to carry 
     out this title.
       (c) Responsibilities.--The Director shall--
       (1) administer the Agency and be responsible for the 
     promulgation of rules and regulations affecting the Agency;
       (2) appoint each Member of the Board of Immigration 
     Appeals, including a Chair;
       (3) appoint the Chief Immigration Judge; and
       (4) appoint and fix the compensation of attorneys, clerks, 
     administrative assistants, and other personnel as may be 
     necessary.

     SEC. 1303. BOARD OF IMMIGRATION APPEALS.

       (a) In General.--The Board of Immigration Appeals (in this 
     title referred to as the ``Board'') shall perform the 
     appellate functions of the Agency. The Board shall consist of 
     a Chair and not less than 14 other immigration appeals 
     judges.
       (b) Appointment.--Members of the Board shall be appointed 
     by the Director, in consultation with the Chair of the Board 
     of Immigration Appeals.
       (c) Qualifications.--The Chair and each other Member of the 
     Board shall be an attorney in good standing of a bar of a 
     State or the District of Columbia and shall have at least 7 
     years of professional legal expertise in immigration and 
     nationality law.
       (d) Chair.--The Chair shall direct, supervise, and 
     establish the procedures and policies of the Board.
       (e) Jurisdiction.--
       (1) In general.--The Board shall have such jurisdiction as 
     was, prior to the date of enactment of this Act, provided by 
     statute or regulation to the Board of Immigration Appeals (as 
     in effect under the Executive Office of Immigration Review).
       (2) De novo review.--The Board shall have de novo review of 
     any decision by an immigration judge, including any final 
     order of removal.
       (f) Decisions of the Board.--The decisions of the Board 
     shall constitute final agency action, subject to review only 
     as provided by the Immigration and Nationality Act and other 
     applicable law.
       (g) Independence of Board Members.--The Members of the 
     Board shall exercise their independent judgment and 
     discretion in the cases coming before the Board.

     SEC. 1304. CHIEF IMMIGRATION JUDGE.

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

     SEC. 1305. CHIEF ADMINISTRATIVE HEARING OFFICER.

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

     SEC. 1306. REMOVAL OF JUDGES.

       Immigration judges and Members of the Board may be removed 
     from office only for good cause, including neglect of duty or 
     malfeasance, by the Director, in consultation with the Chair 
     of the Board, in the case of the removal of a Member of the 
     Board, or in consultation with the Chief Immigration Judge, 
     in the case of the removal of an immigration judge.

     SEC. 1307. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Agency such 
     sums as may be necessary to carry out this title.

        Subtitle B--Transfer of Functions and Savings Provisions

     SEC. 1311. TRANSITION PROVISIONS.

       (a) Transfer of Functions.--All functions under the 
     immigration laws of the United States (as defined in section 
     111(e) of the Immigration and Nationality Act, as added by 
     section 1101(a)(2) of this Act) vested by statute in, or 
     exercised by, the Executive Office of Immigration Review of 
     the Department of Justice (or any officer, employee, or 
     component thereof), immediately prior to the effective date 
     of this title, are transferred to the Agency.
       (b) Transfer and Allocations of Appropriations and 
     Personnel.--The personnel employed in connection with, and 
     the assets, liabilities, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds employed, used, held, arising 
     from, available to, or to be made available in connection 
     with the functions transferred by this section, subject to 
     section 1531 of title 31, United States Code, shall be 
     transferred to the Agency. Unexpended funds transferred 
     pursuant to this section shall be used only for the purposes 
     for which the funds were originally authorized and 
     appropriated.
       (c) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, recognition 
     of labor organizations, agreements, including collective 
     bargaining agreements, certificates, licenses, and 
     privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the Attorney General or the Executive 
     Office of Immigration Review of the Department of Justice, 
     their delegates, or any other Government official, or by a 
     court of competent jurisdiction, in the performance of any 
     function that is transferred under this section; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the Agency, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (d) Proceedings.--
       (1) Pending.--The transfer of functions under subsection 
     (a) shall not affect any proceeding or any application for 
     any benefit, service, license, permit, certificate, or 
     financial assistance pending on the effective date of this 
     title before an office whose functions are transferred 
     pursuant to this section, but such proceedings and 
     applications shall be continued.
       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (e) Suits.--This section shall not affect suits commenced 
     before the effective date of this title, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this section had not been enacted.
       (f) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of Justice 
     or the Executive Office of Immigration Review, or by or 
     against any individual in the official capacity of such 
     individual as an officer or employee in connection with a 
     function transferred under this section, shall abate by 
     reason of the enactment of this Act.
       (g) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and pursuant to this section such function is 
     transferred to any other officer or office, then such suit 
     shall be continued with the other officer or the head of such 
     other office, as applicable, substituted or added as a party.
       (h) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this title, any statutory 
     requirements relating to notice, hearings, action upon the 
     record, or administrative or judicial review that apply to 
     any function transferred pursuant to any provision of this 
     section shall apply to the exercise of such function by the 
     head of the office, and other officers of the office, to 
     which such function is transferred pursuant to such 
     provision.

                       Subtitle C--Effective Date

     SEC. 1321. EFFECTIVE DATE.

       This title shall take effect one year after the effective 
     date of division A of this Act.

               DIVISION C--FEDERAL WORKFORCE IMPROVEMENT

                TITLE XXI--CHIEF HUMAN CAPITAL OFFICERS

     SEC. 2101. SHORT TITLE.

       This title may be cited as the ``Chief Human Capital 
     Officers Act of 2002''.

     SEC. 2102. AGENCY CHIEF HUMAN CAPITAL OFFICERS.

       (a) In General.--Part II of title 5, United States Code, is 
     amended by inserting after chapter 13 the following:

           ``CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS


``Sec.
``1401. Establishment of agency Chief Human Capital Officers.
``1402. Authority and functions of agency Chief Human Capital Officers.

     ``Sec. 1401. Establishment of agency Chief Human Capital 
       Officers

       ``The head of each agency referred to under paragraphs (1) 
     and (2) of section 901(b) of

[[Page S11115]]

     title 31 shall appoint or designate a Chief Human Capital 
     Officer, who shall--
       ``(1) advise and assist the head of the agency and other 
     agency officials in carrying out the agency's 
     responsibilities for selecting, developing, training, and 
     managing a high-quality, productive workforce in accordance 
     with merit system principles;
       ``(2) implement the rules and regulations of the President 
     and the Office of Personnel Management and the laws governing 
     the civil service within the agency; and
       ``(3) carry out such functions as the primary duty of the 
     Chief Human Capital Officer.

     ``Sec. 1402. Authority and functions of agency Chief Human 
       Capital Officers

       ``(a) The functions of each Chief Human Capital Officer 
     shall include--
       ``(1) setting the workforce development strategy of the 
     agency;
       ``(2) assessing workforce characteristics and future needs 
     based on the agency's mission and strategic plan;
       ``(3) aligning the agency's human resources policies and 
     programs with organization mission, strategic goals, and 
     performance outcomes;
       ``(4) developing and advocating a culture of continuous 
     learning to attract and retain employees with superior 
     abilities;
       ``(5) identifying best practices and benchmarking studies; 
     and
       ``(6) applying methods for measuring intellectual capital 
     and identifying links of that capital to organizational 
     performance and growth.
       ``(b) In addition to the authority otherwise provided by 
     this section, each agency Chief Human Capital Officer--
       ``(1) shall have access to all records, reports, audits, 
     reviews, documents, papers, recommendations, or other 
     material that--
       ``(A) are the property of the agency or are available to 
     the agency; and
       ``(B) relate to programs and operations with respect to 
     which that agency Chief Human Capital Officer has 
     responsibilities under this chapter; and
       ``(2) may request such information or assistance as may be 
     necessary for carrying out the duties and responsibilities 
     provided by this chapter from any Federal, State, or local 
     governmental entity.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part II of title 5, United States Code, is 
     amended by inserting after the item relating to chapter 13 
     the following:

``14. Chief Human Capital Officers..........................1401''.....

     SEC. 2103. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.

       (a) Establishment.--There is established a Chief Human 
     Capital Officers Council, consisting of--
       (1) the Director of the Office of Personnel Management, who 
     shall act as chairperson of the Council;
       (2) the Deputy Director for Management of the Office of 
     Management and Budget, who shall act as vice chairperson of 
     the Council; and
       (3) the Chief Human Capital Officers of Executive 
     departments and any other members who are designated by the 
     Director of the Office of Personnel Management.
       (b) Functions.--The Chief Human Capital Officers Council 
     shall meet periodically to advise and coordinate the 
     activities of the agencies of its members on such matters as 
     modernization of human resources systems, improved quality of 
     human resources information, and legislation affecting human 
     resources operations and organizations.
       (c) Employee Labor Organizations at Meetings.--The Chief 
     Human Capital Officers Council shall ensure that 
     representatives of Federal employee labor organizations are 
     present at a minimum of 1 meeting of the Council each year. 
     Such representatives shall not be members of the Council.
       (d) Annual Report.--Each year the Chief Human Capital 
     Officers Council shall submit a report to Congress on the 
     activities of the Council.

     SEC. 2104. STRATEGIC HUMAN CAPITAL MANAGEMENT.

       Section 1103 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(c)(1) The Office of Personnel Management shall design a 
     set of systems, including appropriate metrics, for assessing 
     the management of human capital by Federal agencies.
       ``(2) The systems referred to under paragraph (1) shall be 
     defined in regulations of the Office of Personnel Management 
     and include standards for--
       ``(A)(i) aligning human capital strategies of agencies with 
     the missions, goals, and organizational objectives of those 
     agencies; and
       ``(ii) integrating those strategies into the budget and 
     strategic plans of those agencies;
       ``(B) closing skill gaps in mission critical occupations;
       ``(C) ensuring continuity of effective leadership through 
     implementation of recruitment, development, and succession 
     plans;
       ``(D) sustaining a culture that cultivates and develops a 
     high performing workforce;
       ``(E) developing and implementing a knowledge management 
     strategy supported by appropriate investment in training and 
     technology; and
       ``(F) holding managers and human resources officers 
     accountable for efficient and effective human resources 
     management in support of agency missions in accordance with 
     merit system principles.''.

     SEC. 2105. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of 
     enactment of this division.

    TITLE XXII--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT

     SEC. 2201. INCLUSION OF AGENCY HUMAN CAPITAL STRATEGIC 
                   PLANNING IN PERFORMANCE PLANS AND PROGRAM 
                   PERFORMANCE REPORTS.

       (a) Performance Plans.--Section 1115 of title 31, United 
     States Code, is amended--
       (1) in subsection (a), by striking paragraph (3) and 
     inserting the following:
       ``(3) provide a description of how the performance goals 
     and objectives are to be achieved, including the operational 
     processes, training, skills and technology, and the human, 
     capital, information, and other resources and strategies 
     required to meet those performance goals and objectives.'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by inserting after subsection (e) the following:
       ``(f) With respect to each agency with a Chief Human 
     Capital Officer, the Chief Human Capital Officer shall 
     prepare that portion of the annual performance plan described 
     under subsection (a)(3).''.
       (b) Program Performance Reports.--Section 1116(d) of title 
     31, United States Code, is amended--
       (1) in paragraph (4), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) include a review of the performance goals and 
     evaluation of the performance plan relative to the agency's 
     strategic human capital management; and''.

     SEC. 2202. REFORM OF THE COMPETITIVE SERVICE HIRING PROCESS.

       (a) In General.--Chapter 33 of title 5, United States Code, 
     is amended--
       (1) in section 3304(a)--
       (A) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (B) in paragraph (2), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(3) authority for agencies to appoint, without regard to 
     the provisions of sections 3309 through 3318, candidates 
     directly to positions for which--
       ``(A) public notice has been given; and
       ``(B) the Office of Personnel Management has determined 
     that there exists a severe shortage of candidates or there is 
     a critical hiring need.

     The Office shall prescribe, by regulation, criteria for 
     identifying such positions and may delegate authority to make 
     determinations under such criteria.''; and
       (2) by inserting after section 3318 the following:

     ``Sec. 3319. Alternative ranking and selection procedures

       ``(a)(1) the Office, in exercising its authority under 
     section 3304; or
       ``(2) an agency to which the Office has delegated examining 
     authority under section 1104(a)(2);

     may establish category rating systems for evaluating 
     applicants for positions in the competitive service, under 2 
     or more quality categories based on merit consistent with 
     regulations prescribed by the Office of Personnel Management, 
     rather than assigned individual numerical ratings.
       ``(b) Within each quality category established under 
     subsection (a), preference-eligibles shall be listed ahead of 
     individuals who are not preference eligibles. For other than 
     scientific and professional positions at GS-9 of the General 
     Schedule (equivalent or higher), qualified preference-
     eligibles who have a compensable service-connected disability 
     of 10 percent or more shall be listed in the highest quality 
     category.
       ``(c)(1) An appointing official may select any applicant in 
     the highest quality category or, if fewer than 3 candidates 
     have been assigned to the highest quality category, in a 
     merged category consisting of the highest and the second 
     highest quality categories.
       ``(2) Notwithstanding paragraph (1), the appointing 
     official may not pass over a preference-eligible in the same 
     category from which selection is made, unless the 
     requirements of section 3317(b) or 3318(b), as applicable, 
     are satisfied.
       ``(d) Each agency that establishes a category rating system 
     under this section shall submit in each of the 3 years 
     following that establishment, a report to Congress on that 
     system including information on--
       ``(1) the number of employees hired under that system;
       ``(2) the impact that system has had on the hiring of 
     veterans and minorities, including those who are American 
     Indian or Alaska Natives, Asian, Black or African American, 
     and native Hawaiian or other Pacific Islander; and
       ``(3) the way in which managers were trained in the 
     administration of that system.
       ``(e) The Office of Personnel Management may prescribe such 
     regulations as it considers necessary to carry out the 
     provisions of this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 33 of title 5, United States Code, is 
     amended by striking the item relating to section 3319 and 
     inserting the following:

``3319. Alternative ranking and selection procedures.''.

[[Page S11116]]

     SEC. 2203. PERMANENT EXTENSION, REVISION, AND EXPANSION OF 
                   AUTHORITIES FOR USE OF VOLUNTARY SEPARATION 
                   INCENTIVE PAY AND VOLUNTARY EARLY RETIREMENT.

       (a) Voluntary Separation Incentive Payments.--
       (1) In general.--
       (A) Amendment to title 5, united states code.--Chapter 35 
     of title 5, United States Code, is amended by inserting after 
     subchapter I the following:

        ``SUBCHAPTER II--VOLUNTARY SEPARATION INCENTIVE PAYMENTS

     ``Sec. 3521. Definitions

       ``In this subchapter, the term--
       ``(1) `agency' means an Executive agency as defined under 
     section 105; and
       ``(2) `employee'--
       ``(A) means an employee as defined under section 2105 
     employed by an agency and an individual employed by a county 
     committee established under section 8(b)(5) of the Soil 
     Conservation and Domestic Allotment Act (16 U.S.C. 
     590h(b)(5)) who--
       ``(i) is serving under an appointment without time 
     limitation; and
       ``(ii) has been currently employed for a continuous period 
     of at least 3 years; and
       ``(B) shall not include--
       ``(i) a reemployed annuitant under subchapter III of 
     chapter 83 or 84 or another retirement system for employees 
     of the Government;
       ``(ii) an employee having a disability on the basis of 
     which such employee is or would be eligible for disability 
     retirement under subchapter III of chapter 83 or 84 or 
     another retirement system for employees of the Government;
       ``(iii) an employee who is in receipt of a decision notice 
     of involuntary separation for misconduct or unacceptable 
     performance;
       ``(iv) an employee who has previously received any 
     voluntary separation incentive payment from the Federal 
     Government under this subchapter or any other authority;
       ``(v) an employee covered by statutory reemployment rights 
     who is on transfer employment with another organization; or
       ``(vi) any employee who--

       ``(I) during the 36-month period preceding the date of 
     separation of that employee, performed service for which a 
     student loan repayment benefit was or is to be paid under 
     section 5379;
       ``(II) during the 24-month period preceding the date of 
     separation of that employee, performed service for which a 
     recruitment or relocation bonus was or is to be paid under 
     section 5753; or
       ``(III) during the 12-month period preceding the date of 
     separation of that employee, performed service for which a 
     retention bonus was or is to be paid under section 5754.

     ``Sec. 3522. Agency plans; approval

       ``(a) Before obligating any resources for voluntary 
     separation incentive payments, the head of each agency shall 
     submit to the Office of Personnel Management a plan outlining 
     the intended use of such incentive payments and a proposed 
     organizational chart for the agency once such incentive 
     payments have been completed.
       ``(b) The plan of an agency under subsection (a) shall 
     include--
       ``(1) the specific positions and functions to be reduced or 
     eliminated;
       ``(2) a description of which categories of employees will 
     be offered incentives;
       ``(3) the time period during which incentives may be paid;
       ``(4) the number and amounts of voluntary separation 
     incentive payments to be offered; and
       ``(5) a description of how the agency will operate without 
     the eliminated positions and functions.
       ``(c) The Director of the Office of Personnel Management 
     shall review each agency's plan and may make any appropriate 
     modifications in the plan, in consultation with the Director 
     of the Office of Management and Budget. A plan under this 
     section may not be implemented without the approval of the 
     Director of the Office of Personnel Management.

     ``Sec. 3523. Authority to provide voluntary separation 
       incentive payments

       ``(a) A voluntary separation incentive payment under this 
     subchapter may be paid to an employee only as provided in the 
     plan of an agency established under section 3522.
       ``(b) A voluntary incentive payment--
       ``(1) shall be offered to agency employees on the basis 
     of--
       ``(A) 1 or more organizational units;
       ``(B) 1 or more occupational series or levels;
       ``(C) 1 or more geographical locations;
       ``(D) skills, knowledge, or other factors related to a 
     position;
       ``(E) specific periods of time during which eligible 
     employees may elect a voluntary incentive payment; or
       ``(F) any appropriate combination of such factors;
       ``(2) shall be paid in a lump sum after the employee's 
     separation;
       ``(3) shall be equal to the lesser of--
       ``(A) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) if the employee 
     were entitled to payment under such section (without 
     adjustment for any previous payment made); or
       ``(B) an amount determined by the agency head, not to 
     exceed $25,000;
       ``(4) may be made only in the case of an employee who 
     voluntarily separates (whether by retirement or resignation) 
     under this subchapter;
       ``(5) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of Government 
     benefit;
       ``(6) shall not be taken into account in determining the 
     amount of any severance pay to which the employee may be 
     entitled under section 5595, based on any other separation; 
     and
       ``(7) shall be paid from appropriations or funds available 
     for the payment of the basic pay of the employee.

     ``Sec. 3524. Effect of subsequent employment with the 
       Government

       ``(a) The term `employment'--
       ``(1) in subsection (b) includes employment under a 
     personal services contract (or other direct contract) with 
     the United States Government (other than an entity in the 
     legislative branch); and
       ``(2) in subsection (c) does not include employment under 
     such a contract.
       ``(b) An individual who has received a voluntary separation 
     incentive payment under this subchapter and accepts any 
     employment for compensation with the Government of the United 
     States within 5 years after the date of the separation on 
     which the payment is based shall be required to pay, before 
     the individual's first day of employment, the entire amount 
     of the incentive payment to the agency that paid the 
     incentive payment.
       ``(c)(1) If the employment under this section is with an 
     agency, other than the General Accounting Office, the United 
     States Postal Service, or the Postal Rate Commission, the 
     Director of the Office of Personnel Management may, at the 
     request of the head of the agency, waive the repayment if--
       ``(A) the individual involved possesses unique abilities 
     and is the only qualified applicant available for the 
     position; or
       ``(B) in the case of an emergency involving a direct threat 
     to life or property, the individual--
       ``(i) has skills directly related to resolving the 
     emergency; and
       ``(ii) will serve on a temporary basis only so long as that 
     individual's services are made necessary by the emergency.
       ``(2) If the employment under this section is with an 
     entity in the legislative branch, the head of the entity or 
     the appointing official may waive the repayment if the 
     individual involved possesses unique abilities and is the 
     only qualified applicant available for the position.
       ``(3) If the employment under this section is with the 
     judicial branch, the Director of the Administrative Office of 
     the United States Courts may waive the repayment if the 
     individual involved possesses unique abilities and is the 
     only qualified applicant available for the position.

     ``Sec. 3525. Regulations

       ``The Office of Personnel Management may prescribe 
     regulations to carry out this subchapter.''.
       (B) Technical and conforming amendments.--Chapter 35 of 
     title 5, United States Code, is amended--
       (i) by striking the chapter heading and inserting the 
     following:

  ``CHAPTER 35--RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE 
             PAYMENTS, RESTORATION, AND REEMPLOYMENT''; and

       (ii) in the table of sections by inserting after the item 
     relating to section 3504 the following:

        ``SUBCHAPTER II--VOLUNTARY SEPARATION INCENTIVE PAYMENTS

``3521. Definitions.
``3522. Agency plans; approval.
``3523. Authority to provide voluntary separation incentive payments.
``3524. Effect of subsequent employment with the Government.
``3525. Regulations.''.
       (2) Administrative office of the united states courts.--The 
     Director of the Administrative Office of the United States 
     Courts may, by regulation, establish a program substantially 
     similar to the program established under paragraph (1) for 
     individuals serving in the judicial branch.
       (3) Continuation of other authority.--Any agency exercising 
     any voluntary separation incentive authority in effect on the 
     effective date of this subsection may continue to offer 
     voluntary separation incentives consistent with that 
     authority until that authority expires.
       (4) Effective date.--This subsection shall take effect 60 
     days after the date of enactment of this Act.
       (b) Federal Employee Voluntary Early Retirement.--
       (1) Civil service retirement system.--Section 8336(d)(2) of 
     title 5, United States Code, is amended to read as follows:
       ``(2)(A) has been employed continuously, by the agency in 
     which the employee is serving, for at least the 31-day period 
     ending on the date on which such agency requests the 
     determination referred to in subparagraph (D);
       ``(B) is serving under an appointment that is not time 
     limited;
       ``(C) has not been duly notified that such employee is to 
     be involuntarily separated for misconduct or unacceptable 
     performance;
       ``(D) is separated from the service voluntarily during a 
     period in which, as determined by the Office of Personnel 
     Management (upon request of the agency) under regulations 
     prescribed by the Office--
       ``(i) such agency (or, if applicable, the component in 
     which the employee is serving) is

[[Page S11117]]

     undergoing substantial delayering, substantial 
     reorganization, substantial reductions in force, substantial 
     transfer of function, or other substantial workforce 
     restructuring (or shaping);
       ``(ii) a significant percentage of employees serving in 
     such agency (or component) are likely to be separated or 
     subject to an immediate reduction in the rate of basic pay 
     (without regard to subchapter VI of chapter 53, or comparable 
     provisions); or
       ``(iii) identified as being in positions which are becoming 
     surplus or excess to the agency's future ability to carry out 
     its mission effectively; and
       ``(E) as determined by the agency under regulations 
     prescribed by the Office, is within the scope of the offer of 
     voluntary early retirement, which may be made on the basis 
     of--
       ``(i) 1 or more organizational units;
       ``(ii) 1 or more occupational series or levels;
       ``(iii) 1 or more geographical locations;
       ``(iv) specific periods;
       ``(v) skills, knowledge, or other factors related to a 
     position; or
       ``(vi) any appropriate combination of such factors;''.
       (2) Federal employees' retirement system.--Section 
     8414(b)(1) of title 5, United States Code, is amended by 
     striking subparagraph (B) and inserting the following:
       ``(B)(i) has been employed continuously, by the agency in 
     which the employee is serving, for at least the 31-day period 
     ending on the date on which such agency requests the 
     determination referred to in clause (iv);
       ``(ii) is serving under an appointment that is not time 
     limited;
       ``(iii) has not been duly notified that such employee is to 
     be involuntarily separated for misconduct or unacceptable 
     performance;
       ``(iv) is separated from the service voluntarily during a 
     period in which, as determined by the Office of Personnel 
     Management (upon request of the agency) under regulations 
     prescribed by the Office--
       ``(I) such agency (or, if applicable, the component in 
     which the employee is serving) is undergoing substantial 
     delayering, substantial reorganization, substantial 
     reductions in force, substantial transfer of function, or 
     other substantial workforce restructuring (or shaping);
       ``(II) a significant percentage of employees serving in 
     such agency (or component) are likely to be separated or 
     subject to an immediate reduction in the rate of basic pay 
     (without regard to subchapter VI of chapter 53, or comparable 
     provisions); or
       ``(III) identified as being in positions which are becoming 
     surplus or excess to the agency's future ability to carry out 
     its mission effectively; and
       ``(v) as determined by the agency under regulations 
     prescribed by the Office, is within the scope of the offer of 
     voluntary early retirement, which may be made on the basis 
     of--
       ``(I) 1 or more organizational units;
       ``(II) 1 or more occupational series or levels;
       ``(III) 1 or more geographical locations;
       ``(IV) specific periods;
       ``(V) skills, knowledge, or other factors related to a 
     position; or
       ``(VI) any appropriate combination of such factors;''.
       (3) General accounting office authority.--The amendments 
     made by this subsection shall not be construed to affect the 
     authority under section 1 of Public Law 106-303 (5 U.S.C. 
     8336 note; 114 Stat. 1063).
       (4) Technical and conforming amendment.--Section 7001 of 
     the 1998 Supplemental Appropriations and Rescissions Act 
     (Public Law 105-174; 112 Stat. 91) is repealed.
       (5) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this subsection.
       (c) Sense of Congress.--It is the sense of Congress that 
     the implementation of this section is intended to reshape the 
     Federal workforce and not downsize the Federal workforce.

     SEC. 2204. STUDENT VOLUNTEER TRANSIT SUBSIDY.

       (a) In General.--Section 7905(a)(1) of title 5, United 
     States Code, is amended by striking ``and a member of a 
     uniformed service'' and inserting ``, a member of a uniformed 
     service, and a student who provides voluntary services under 
     section 3111''.
       (b) Technical and Conforming Amendment.--Section 3111(c)(1) 
     of title 5, United States Code, is amended by striking 
     ``chapter 81 of this title'' and inserting ``section 7905 
     (relating to commuting by means other than single-occupancy 
     motor vehicles), chapter 81''.

     TITLE XXIII--REFORMS RELATING TO THE SENIOR EXECUTIVE SERVICE

     SEC. 2301. REPEAL OF RECERTIFICATION REQUIREMENTS OF SENIOR 
                   EXECUTIVES.

       (a) In General.--Title 5, United States Code, is amended--
       (1) in chapter 33--
       (A) in section 3393(g) by striking ``3393a,'';
       (B) by repealing section 3393a; and
       (C) in the table of sections by striking the item relating 
     to section 3393a;
       (2) in chapter 35--
       (A) in section 3592(a)--
       (i) in paragraph (1), by inserting ``or'' at the end;
       (ii) in paragraph (2), by striking ``or'' at the end;
       (iii) by striking paragraph (3); and
       (iv) by striking the last sentence;
       (B) in section 3593(a), by striking paragraph (2) and 
     inserting the following:
       ``(2) the appointee left the Senior Executive Service for 
     reasons other than misconduct, neglect of duty, malfeasance, 
     or less than fully successful executive performance as 
     determined under subchapter II of chapter 43.''; and
       (C) in section 3594(b)--
       (i) in paragraph (1), by inserting ``or'' at the end;
       (ii) in paragraph (2), by striking ``or'' at the end; and
       (iii) by striking paragraph (3);
       (3) in section 7701(c)(1)(A), by striking ``or removal from 
     the Senior Executive Service for failure to be recertified 
     under section 3393a'';
       (4) in chapter 83--
       (A) in section 8336(h)(1), by striking ``for failure to be 
     recertified as a senior executive under section 3393a or''; 
     and
       (B) in section 8339(h), in the first sentence, by striking 
     ``, except that such reduction shall not apply in the case of 
     an employee retiring under section 8336(h) for failure to be 
     recertified as a senior executive''; and
       (5) in chapter 84--
       (A) in section 8414(a)(1), by striking ``for failure to be 
     recertified as a senior executive under section 3393a or''; 
     and
       (B) in section 8421(a)(2), by striking ``, except that an 
     individual entitled to an annuity under section 8414(a) for 
     failure to be recertified as a senior executive shall be 
     entitled to an annuity supplement without regard to such 
     applicable minimum retirement age''.
       (b) Savings Provision.--Notwithstanding the amendments made 
     by subsection (a)(2)(A), an appeal under the final sentence 
     of section 3592(a) of title 5, United States Code, that is 
     pending on the day before the effective date of this 
     section--
       (1) shall not abate by reason of the enactment of the 
     amendments made by subsection (a)(2)(A); and
       (2) shall continue as if such amendments had not been 
     enacted.
       (c) Application.--The amendment made by subsection 
     (a)(2)(B) shall not apply with respect to an individual who, 
     before the effective date of this section, leaves the Senior 
     Executive Service for failure to be recertified as a senior 
     executive under section 3393a of title 5, United States Code.

     SEC. 2302. ADJUSTMENT OF LIMITATION ON TOTAL ANNUAL 
                   COMPENSATION.

       Section 5307(a) of title 5, United States Code, is amended 
     by adding at the end the following:
       ``(3) Notwithstanding paragraph (1), the total payment 
     referred to under such paragraph with respect to an employee 
     paid under section 5372, 5376, or 5383 of title 5 or section 
     332(f), 603, or 604 of title 28 shall not exceed the total 
     annual compensation payable to the Vice President under 
     section 104 of title 3. Regulations prescribed under 
     subsection (c) may extend the application of this paragraph 
     to other equivalent categories of employees.''.

                     TITLE XXIV--ACADEMIC TRAINING

     SEC. 2401. ACADEMIC TRAINING.

       (a) Academic Degree Training.--Section 4107 of title 5, 
     United States Code, is amended to read as follows:

     ``Sec. 4107. Academic degree training

       ``(a) Subject to subsection (b), an agency may select and 
     assign an employee to academic degree training and may pay or 
     reimburse the costs of academic degree training from 
     appropriated or other available funds if such training--
       ``(1) contributes significantly to--
       ``(A) meeting an identified agency training need;
       ``(B) resolving an identified agency staffing problem; or
       ``(C) accomplishing goals in the strategic plan of the 
     agency;
       ``(2) is part of a planned, systematic, and coordinated 
     agency employee development program linked to accomplishing 
     the strategic goals of the agency; and
       ``(3) is accredited and is provided by a college or 
     university that is accredited by a nationally recognized 
     body.
       ``(b) In exercising authority under subsection (a), an 
     agency shall--
       ``(1) consistent with the merit system principles set forth 
     in paragraphs (2) and (7) of section 2301(b), take into 
     consideration the need to--
       ``(A) maintain a balanced workforce in which women, members 
     of racial and ethnic minority groups, and persons with 
     disabilities are appropriately represented in Government 
     service; and
       ``(B) provide employees effective education and training to 
     improve organizational and individual performance;
       ``(2) assure that the training is not for the sole purpose 
     of providing an employee an opportunity to obtain an academic 
     degree or to qualify for appointment to a particular position 
     for which the academic degree is a basic requirement;
       ``(3) assure that no authority under this subsection is 
     exercised on behalf of any employee occupying or seeking to 
     qualify for--
       ``(A) a noncareer appointment in the Senior Executive 
     Service; or
       ``(B) appointment to any position that is excepted from the 
     competitive service because of its confidential policy-
     determining, policymaking, or policy-advocating character; 
     and
       ``(4) to the greatest extent practicable, facilitate the 
     use of online degree training.''.

[[Page S11118]]

       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 41 of title 5, United States Code, is 
     amended by striking the item relating to section 4107 and 
     inserting the following:

``4107. Academic degree training.''.

     SEC. 2402. MODIFICATIONS TO NATIONAL SECURITY EDUCATION 
                   PROGRAM.

       (a) Findings and Policies.--
       (1) Findings.--Congress finds that--
       (A) the United States Government actively encourages and 
     financially supports the training, education, and development 
     of many United States citizens;
       (B) as a condition of some of those supports, many of those 
     citizens have an obligation to seek either compensated or 
     uncompensated employment in the Federal sector; and
       (C) it is in the United States national interest to 
     maximize the return to the Nation of funds invested in the 
     development of such citizens by seeking to employ them in the 
     Federal sector.
       (2) Policy.--It shall be the policy of the United States 
     Government to--
       (A) establish procedures for ensuring that United States 
     citizens who have incurred service obligations as the result 
     of receiving financial support for education and training 
     from the United States Government and have applied for 
     Federal positions are considered in all recruitment and 
     hiring initiatives of Federal departments, bureaus, agencies, 
     and offices; and
       (B) advertise and open all Federal positions to United 
     States citizens who have incurred service obligations with 
     the United States Government as the result of receiving 
     financial support for education and training from the United 
     States Government.
       (b) Fulfillment of Service Requirement if National Security 
     Positions Are Unavailable.-- Section 802(b)(2) of the David 
     L. Boren National Security Education Act of 1991 (50 U.S.C. 
     1902) is amended--
       (1) in subparagraph (A), by striking clause (ii) and 
     inserting the following:
       ``(ii) if the recipient demonstrates to the Secretary (in 
     accordance with such regulations) that no national security 
     position in an agency or office of the Federal Government 
     having national security responsibilities is available, work 
     in other offices or agencies of the Federal Government or in 
     the field of higher education in a discipline relating to the 
     foreign country, foreign language, area study, or 
     international field of study for which the scholarship was 
     awarded, for a period specified by the Secretary, which 
     period shall be determined in accordance with clause (i); 
     or''; and
       (2) in subparagraph (B), by striking clause (ii) and 
     inserting the following:
       ``(ii) if the recipient demonstrates to the Secretary (in 
     accordance with such regulations) that no national security 
     position is available upon the completion of the degree, work 
     in other offices or agencies of the Federal Government or in 
     the field of higher education in a discipline relating to the 
     foreign country, foreign language, area study, or 
     international field of study for which the fellowship was 
     awarded, for a period specified by the Secretary, which 
     period shall be established in accordance with clause (i); 
     and''.

     SEC. 2403. COMPENSATORY TIME OFF FOR TRAVEL.

       Subchapter V of chapter 55 of title 5, United States Code, 
     is amended by adding at end the following:

     ``Sec. 5550b. Compensatory time off for travel

       ``(a) An employee shall receive 1 hour of compensatory time 
     off for each hour spent by the employee in travel status away 
     from the official duty station of the employee, to the extent 
     that the time spent in travel status is not otherwise 
     compensable.
       ``(b) Not later than 30 days after the date of enactment of 
     this section, the Office of Personnel Management shall 
     prescribe regulations to implement this section.''.
                                 ______
                                 
  SA 4950. Mr. INOUYE submitted an amendment intended to be proposed to 
amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, 
Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill 
H.R. 5005, to establish the Department of Homeland Security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 5, in the item relating to section 801, insert ``, 
     Tribal,'' after ``State''.
       On page 9, line 21, insert ``tribal,'' after ``State,''.
       On page 10, between lines 9 and 10, insert the following:
       (9) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, nation, or other organized group or 
     community located in the continental United States (excluding 
     the State of Alaska) that is recognized as being eligible for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.
       On page 10, line 10, strike ``(9)'' and insert ``(10)''.
       On page 10, strike lines 22 through 24 and insert the 
     following:
       (B) an Alaska Native village or organization; and
       On page 11, line 3, strike ``(11)'' and insert ``(12)''.
       On page 11, line 7, strike ``(12)'' and insert ``(13)''.
       On page 11, line 9, strike ``(13)'' and insert ``(14)''.
       On page 11, line 11, strike ``(14)'' and insert ``(15)''.
       On page 11, line 17, strike ``(15)'' and insert ``(16)''.
       On page 12, strike line 9 and insert the following:
       (17) Tribal college or university.--The term ``tribal 
     college or university'' has the meaning given the term 
     ``tribally controlled college or university'' in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (18) Tribal government.--The term ``tribal government'' 
     means the governing body of an Indian tribe that is 
     recognized by the Secretary of the Interior.
       (19)(A) United states.--The term ``United States, when used
       On page 15, line 3, insert ``tribal,'' after ``States,''.
       On page 16, line 9, insert ``, Tribal,'' after ``State''.
       On page 16, line 11, insert ``, tribal,'' after ``State''.
       On page 17, line 14, insert ``, tribal,'' after ``State''.
       On page 17, line 21, insert ``, tribal,'' after ``State''.
       On page 17, line 1, insert ``, tribal,'' after ``State''.
       On page 23, line 10, insert ``, tribal,'' after ``State''.
       On page 24, line 11, insert ``, tribal,'' after ``State''.
       On page 25, line 9, insert ``, tribal,'' after ``State''.
       On page 25, line 20, insert ``, tribal,'' after ``State''.
       On page 26, line 4, insert ``, tribal,'' after ``State''.
       On page 26, line 10, insert ``, tribal,'' after ``State''.
       On page 27, line 1, insert ``, tribal,'' after ``State''.
       On page 27, line 21, insert ``tribal,'' after ``State,''.
       On page 28, line 24, insert ``, tribal,'' after ``State''.
       On page 29, line 7, insert ``tribal,'' after ``State,''.
       On page 36, line 3, insert ``, tribal,'' after ``State''.
       On page 37, line 5, insert ``tribal,'' after ``State,''.
       On page 38, line 22, insert ``tribal,'' after ``State,''.
       On page 42, line 9, insert ``tribal,'' after ``State,''.
       On page 42, line 11, strike ``or State'' and insert ``, 
     State, or tribal''.
       On page 43, line 9, insert ``, tribal,'' after ``State''.
       On page 43, line 12, insert ``, tribal,'' after ``State''.
       On page 43, line 15, insert ``, tribal,'' after ``State''.
       On page 45, line 1, insert ``tribal,'' after ``State,''.
       On page 46, line 17, insert ``, tribal,'' after ``State''.
       On page 50, line 13, insert ``, tribal,'' after ``State''.
       On page 54, line 22, insert ``tribal,'' after ``State,''.
       On page 60, line 1, insert ``tribal,'' after ``State,''.
       On page 60, line 11, insert ``tribal,'' after ``State,''.
       On page 60, line 17, insert ``tribal,'' after ``State,''.
       On page 61, line 12, insert ``tribal,'' after ``State,''.
       On page 62, line 7, insert ``, tribal,'' after ``State''.
       On page 62, line 19, insert ``, tribal,'' after ``State''.
       On page 63, line 6, insert ``, tribal,'' after ``State''.
       On page 63, line 12, insert ``, tribal,'' after ``State''.
       On page 65, line 2, insert ``tribal,'' after ``State,''.
       On page 71, line 10, strike ``state,'' and insert ``State, 
     tribal,''.
       On page 97, line 3, insert ``, tribal,'' after ``State''.
       On page 105, line 11, insert ``tribal colleges and 
     universities,'' after ``education,''.
       On page 106, line 16, insert ``tribal,'' after ``State,''.
       On page 107, line 3, insert ``tribal,'' after ``State,''.
       On page 107, line 17, insert ``, tribal,'' after ``State''.
       On page 147, line 1, insert ``, tribal,'' after ``State''.
       On page 154, line 7, insert ``, tribal,'' after ``State''.
       On page 201, line 22, insert ``tribal,'' after ``State,''.
       On page 204, line 8, insert ``tribal,'' after ``State,''.
       On page 214, line 7, insert ``tribal,'' after ``State,''.
       On page 221, line 21, insert ``, TRIBAL,'' after ``STATE''.
       On page 221, line 24, insert ``, Tribal,'' after ``State''.
       On page 222, line 1, insert ``, tribal,'' after ``State''.
       On page 222, line 6, insert ``, tribal,'' after ``State''.
       On page 222, line 8, insert ``, tribal,'' after ``State''.
       On page 222, line 10, insert ``, tribal,'' after ``State''.
       On page 222, line 14, insert ``, tribal,'' after ``State''.
       On page 280, line 4, insert ``, tribal,'' after ``State''.
       On page 285, line 9, insert ``, Tribal,'' after ``State''.

[[Page S11119]]

       On page 285, line 11, insert ``, tribal,'' after ``State''.
       On page 285, line 12, insert ``, tribal,'' after ``State''.
       On page 289, line 10, insert ``, Tribal,'' after ``State''.
       On page 289, line 13, insert ``tribal,'' after ``State,''.
       On page 289, line 16, insert ``tribal,'' after ``State,''.
       On page 289, line 19, insert ``tribal,'' after ``State,''.
       On page 289, line 22, insert ``tribal,'' after ``State,''.
       On page 290, line 6, insert ``tribal,'' after ``State,''.
       On page 290, line 13, insert ``tribal,'' after ``State,''.
       On page 291, line 6, insert ``, tribal,'' after ``State''.
       On page 301, line 21, insert ``, tribal,'' after ``State''.
       On page 304, line 4, insert ``, tribal,'' after ``State''.
       On page 304, line 12, insert ``, tribal,'' after ``State''.
       On page 304, line 14, insert ``, tribal,'' after ``State''.
       On page 304, line 21, insert ``, tribal,'' after ``State''.
       On page 304, line 23, insert ``tribal,'' after ``State,''.
       On page 305, line 3, insert ``, tribal,'' after ``State''.
       On page 305, line 5, insert ``, tribal,'' after ``State''.
       On page 305, line 9, insert ``, tribal,'' after ``State''.
       On page 305, line 12, insert ``tribal,'' after ``State,''.
       On page 305, line 23, insert ``tribal,'' after ``State,''.
       On page 306, line 5, insert ``tribal,'' after ``State,''.
       On page 306, line 19, insert ``, tribal,'' after ``State''.
       On page 307, line 19, insert ``, tribal,'' after ``State''.
       On page 308, line 15, insert ``, tribal,'' after ``State''.
       On page 309, line 23, insert ``, tribal,'' after ``State''.
       On page 310, line 20, insert ``, tribal,'' after ``State''.
       On page 311, line 2, insert ``, tribal,'' after ``State''.
       On page 311, line 6, insert ``, tribal,'' after ``State''.
       On page 311, line 9, insert ``, tribal,'' after ``State''.
       On page 311, line 21, insert ``, tribal,'' after ``State''.
       On page 311, line 23, insert ``, tribal,'' after ``State''.
       On page 312, line 4, insert ``tribal,'' after ``State,''.
       On page 312, line 3, insert ``, tribal,'' after ``State''.
       On page 312, line 17, insert ``, tribal,'' after ``State''.
       On page 312, line 20, insert ``tribally or'' after 
     ``other''.
       On page 312, line 22, insert ``, tribal,'' after ``State''.
       On page 313, line 1, insert ``tribal,'' after ``State,''.
       On page 313, line 18, insert ``, tribal,'' after ``State''.
       On page 316, line 15, strike ``federal, state,'' and insert 
     ``Federal, State, tribal,''.
       On page 316, line 24, strike ``state,'' and insert ``State, 
     tribal,''.
       On page 318, line 4, insert ``tribal,'' after ``State,''.
       On page 318, line 18, insert ``tribal,'' after ``State,''.
       On page 319, line 17, insert ``tribal,'' after ``State,''.
       On page 319, line 23, insert ``tribal,'' after ``State,''.
       On page 320, line 19, insert ``or Indian tribe'' after 
     ``subdivision)''.
       On page 321, line 4, insert ``or Indian tribe'' after 
     ``subdivision)''.
       On page 376, line 22, insert ``tribal,'' after ``State,''.
       On page 476, line 2, insert ``tribal,'' after ``State,''.
       On page 476, line 8, insert ``, tribal,'' after ``State''.
       On page 476, line 10, insert ``, tribal,'' after ``State''.
       On page 476, line 12, insert ``, tribal,'' after ``State''.
                                 ______
                                 
  SA 4951. Mr. DODD proposed an amendment to amendment SA 4902 proposed 
by Mr. Lieberman (for himself, Mr. McCain of Nebraska) to the amendment 
SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. 
Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill H.R. 
5005, to establish the Department of Homeland Security, and for other 
purposes; as follows:

       At the end insert the following:

     SEC. 510. GRANTS FOR FIREFIGHTING PERSONNEL.

       Section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Personnel Grants.--
       ``(1) Duration.--In awarding grants for hiring firefighting 
     personnel in accordance with subsection (b)(3)(A), the 
     Director shall award grants extending over a 3-year period.
       ``(2) Maximum amount.--The total amount of grants awarded 
     under this subsection shall not exceed $100,000 per 
     firefighter, indexed for inflation, over the 3-year grant 
     period.
       ``(3) Federal share.--
       ``(A) In general.--A grant under this subsection shall not 
     exceed 75 percent of the total salary and benefits cost for 
     additional firefighters hired.
       ``(B) Waiver.--The Director may waive the 25 percent non-
     Federal match under subparagraph (A) for a jurisdiction of 
     50,000 or fewer residents or in cases of extreme hardship.
       ``(4) Application.--An application for a grant under this 
     subsection, shall--
       ``(A) meet the requirements under subsection (b)(5);
       ``(B) include an explanation for the applicant's need for 
     Federal assistance; and
       ``(C) contain specific plans for obtaining necessary 
     support to retain the position following the conclusion of 
     Federal support.
       ``(5) Maintenance of effort.--Grants awarded under this 
     subsection shall only be used to pay the salaries and 
     benefits of additional firefighting personnel, and shall not 
     be used to supplant funding allocated for personnel from 
     State and local sources.''; and
       (3) in subsection (f) (as redesignated by paragraph (1)), 
     by adding at the end the following:
       ``(3) Supplemental appropriation.--In addition to the 
     authorization provided in paragraph (1), there are authorized 
     to be appropriated $1,000,000,000 for each of fiscal years 
     2003 and 2004 for the purpose of providing personnel grants 
     described in subsection (c). Such sums may be provided solely 
     for the purpose of hiring employees engaged in fire 
     protection (as defined in section 3 of the Fair Labor 
     Standards Act (29 U.S.C. 203)), and shall not be subject to 
     the provisions of paragraphs (10) or (11) of subsection 
     (b).''.
                                 ______
                                 
  SA 4952. Mr. INOUYE 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:

       On page 5, in the item relating to section 801, insert ``, 
     Tribal,'' after ``State''.
       On page 9, line 21, insert ``tribal,'' after ``State,''.
       On page 10, between lines 9 and 10, insert the following:
       (9) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, nation, or other organized group or 
     community located in the continental United States (excluding 
     the State of Alaska) that is recognized as being eligible for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.
       On page 10, line 10, strike ``(9)'' and insert ``(10)''.
       On page 10, strike lines 22 through 24 and insert the 
     following:
       (B) an Alaska Native village or organization; and
       On page 11, line 3, strike ``(11)'' and insert ``(12)''.
       On page 11, line 7, strike ``(12)'' and insert ``(13)''.
       On page 11, line 9, strike ``(13)'' and insert ``(14)''.
       On page 11, line 11, strike ``(14)'' and insert ``(15)''.
       On page 11, line 17, strike ``(15)'' and insert ``(16)''.
       On page 12, strike line 9 and insert the following:
       (17) Tribal college or university.--The term ``tribal 
     college or university'' has the meaning given the term 
     ``tribally controlled college or university'' in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (18) Tribal government.--The term ``tribal government'' 
     means the governing body of an Indian tribe that is 
     recognized by the Secretary of the Interior.
       (19)(A) United states.--The term ``United States, when used
       On page 15, line 3, insert ``tribal,'' after ``States,''.
       On page 16, line 9, insert ``, Tribal,'' after ``State''.
       On page 16, line 11, insert ``, tribal,'' after ``State''.
       On page 16, line 14, insert ``, tribal,'' after ``State''.
       On page 16, line 21, insert ``, tribal,'' after ``State''.
       On page 17, line 1, insert ``, tribal,'' after ``State''.
       On page 23, line 10, insert ``, tribal,'' after ``State''.
       On page 24, line 11, insert ``, tribal,'' after ``State''.
       On page 25, line 9, insert ``, tribal,'' after ``State''.
       On page 25, line 20, insert ``, tribal,'' after ``State''.
       On page 26, line 4, insert ``, tribal,'' after ``State''.
       On page 26, line 10, insert ``, tribal,'' after ``State''.
       On page 27, line 1, insert ``, tribal,'' after ``State''.
       On page 27, line 21, insert ``tribal,'' after ``State,''.
       On page 28, line 24, insert ``, tribal,'' after ``State''.
       On page 29, line 7, insert ``tribal,'' after ``State,''.
       On page 36, line 3, insert ``, tribal,'' after ``State''.
       On page 37, line 5, insert ``tribal,'' after ``State,''.
       On page 38, line 22, insert ``tribal,'' after ``State,''.

[[Page S11120]]

       On page 42, line 9, insert ``tribal,'' after ``State,''.
       On page 42, line 11, strike ``or State'' and insert ``, 
     State, or tribal''.
       On page 43, line 9, insert ``, tribal,'' after ``State''.
       On page 43, line 12, insert ``, tribal,'' after ``State''.
       On page 43, line 15, insert ``, tribal,'' after ``State''.
       On page 45, line 1, insert ``tribal,'' after ``State,''.
       On page 46, line 17, insert ``, tribal,'' after ``State''.
       On page 50, line 13, insert ``, tribal,'' after ``State''.
       On page 54, line 22, insert ``tribal,'' after ``State,''.
       On page 60, line 1, insert ``tribal,'' after ``State,''.
       On page 60, line 11, insert ``tribal,'' after ``State,''.
       On page 60, line 17, insert ``tribal,'' after ``State,''.
       On page 61, line 12, insert ``tribal,'' after ``State,''.
       On page 62, line 7, insert ``, tribal,'' after ``State''.
       On page 62, line 19, insert ``, tribal,'' after ``State''.
       On page 63, line 6, insert ``, tribal,'' after ``State''.
       On page 63, line 12, insert ``, tribal,'' after ``State''.
       On page 65, line 2, insert ``tribal,'' after ``State,''.
       On page 71, line 10, strike ``state,'' and insert ``State, 
     tribal,''.
       On page 97, line 3, insert ``, tribal,'' after ``State''.
       On page 105, line 11, insert ``tribal colleges and 
     universities,'' after ``education,''.
       On page 106, line 16, insert ``tribal,'' after ``State,''.
       On page 107, line 3, insert ``tribal,'' after ``State,''.
       On page 107, line 17, insert ``, tribal,'' after ``State''.
       On page 147, line 1, insert ``, tribal,'' after ``State''.
       On page 154, line 7, insert ``, tribal,'' after ``State''.
       On page 201, line 22, insert ``tribal,'' after ``State,''.
       On page 204, line 8, insert ``tribal,'' after ``State,''.
       On page 204, line 12, insert ``and Indian Health Service'' 
     after ``Health Service''.
       On page 214, line 7, insert ``tribal,'' after ``State,''.
       On page 221, line 21, insert ``, tribal,'' after ``state''.
       On page 221, line 24, insert ``, Tribal,'' after ``State''.
       On page 222, line 1, insert ``, tribal,'' after ``State''.
       On page 222, line 6, insert ``, tribal,'' after ``State''.
       On page 222, line 8, insert ``, tribal,'' after ``State''.
       On page 222, line 10, insert ``, tribal,'' after ``State''.
       On page 222, line 14, insert ``, tribal,'' after ``State''.
       On page 280, line 4, insert ``, tribal,'' after ``State''.
       On page 285, line 9, insert ``, Tribal,'' after ``State''.
       On page 285, line 11, insert ``, tribal,'' after ``State''.
       On page 285, line 12, insert ``, tribal,'' after ``State''.
       On page 289, line 10, insert ``, Tribal,'' after ``State''.
       On page 289, line 13, insert ``tribal,'' after ``State,''.
       On page 289, line 16, insert ``tribal,'' after ``State,''.
       On page 289, line 19, insert ``tribal,'' after ``State,''.
       On page 289, line 22, insert ``tribal,'' after ``State,''.
       On page 290, line 6, insert ``tribal,'' after ``State,''.
       On page 290, line 13, insert ``tribal,'' after ``State,''.
       On page 291, line 6, insert ``, tribal,'' after ``State''.
       On page 301, line 21, insert ``, tribal,'' after ``State''.
       On page 304, line 4, insert ``, tribal,'' after ``State''.
       On page 304, line 12, insert ``, tribal,'' after ``State''.
       On page 304, line 14, insert ``, tribal,'' after ``State''.
       On page 304, line 21, insert ``, tribal,'' after ``State''.
       On page 304, line 23, insert ``tribal,'' after ``State,''.
       On page 305, line 3, insert ``, tribal,'' after ``State''.
       On page 305, line 5, insert ``, tribal,'' after ``State''.
       On page 305, line 9, insert ``, tribal,'' after ``State''.
       On page 305, line 12, insert ``tribal,'' after ``State,''.
       On page 305, line 23, insert ``tribal,'' after ``State,''.
       On page 306, line 5, insert ``tribal,'' after ``State,''.
       On page 306, line 19, insert ``, tribal,'' after ``State''.
       On page 307, line 19, insert ``, tribal,'' after ``State''.
       On page 308, line 15, insert ``, tribal,'' after ``State''.
       On page 309, line 23, insert ``, tribal,'' after ``State''.
       On page 310, line 20, insert ``, tribal,'' after ``State''.
       On page 311, line 2, insert ``, tribal,'' after ``State''.
       On page 311, line 6, insert ``, tribal,'' after ``State''.
       On page 311, line 9, insert ``, tribal,'' after ``State''.
       On page 311, line 21, insert ``, tribal,'' after ``State''.
       On page 311, line 23, insert ``, tribal,'' after ``State''.
       On page 312, line 4, insert ``tribal,'' after ``State,''.
       On page 312, line 17, insert ``, tribal,'' after ``State''.
       On page 312, line 20, insert ``tribally or'' after 
     ``other''.
       On page 312, line 22, insert ``, tribal,'' after ``State''.
       On page 313, line 1, insert ``tribal,'' after ``State,''.
       On page 313, line 18, insert ``, tribal,'' after ``State''.
       On page 316, line 15, strike ``federal, state,'' and insert 
     ``Federal, State, tribal,''.
       On page 316, line 24, strike ``state,'' and insert ``State, 
     tribal,''.
       On page 318, line 4, insert ``tribal,'' after ``State,''.
       On page 318, line 18, insert ``tribal,'' after ``State,''.
       On page 319, line 17, insert ``tribal,'' after ``State,''.
       On page 319, line 23, insert ``tribal,'' after ``State,''.
       On page 320, line 19, insert ``or Indian tribe'' after 
     ``subdivision)''.
       On page 321, line 4, insert ``or Indian tribe'' after 
     ``subdivision)''.
       On page 376, line 22, insert ``tribal,'' after ``State,''.
       On page 476, line 2, insert ``tribal,'' after ``State,''.
       On page 476, line 8, insert ``, tribal,'' after ``State''.
       On page 476, line 10, insert ``, tribal,'' after ``State''.
       On page 476, line 12, insert ``, tribal,'' after ``State''.
                                 ______
                                 
  SA 4953. Mr. LIBERMAN 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:

                  TITLE XVIII--NONEFFECTIVE PROVISIONS

     SEC. 1801. NONEFFECTIVE PROVISIONS.

       (a) In General.--Notwithstanding any other provision of 
     this Act, (including any effective date provision of this 
     Act) the following provisions of this Act shall not take 
     effect:
       (1) Section 308(b)(2)(B) (i) through (xiv).
       (2) Section 311(i).
       (3) Subtitle G of title VIII.
       (4) Section 871.
       (5) Section 890.
       (6) Section 1707.
       (7) Sections 1714, 1715, 1716, and 1717.
       (b) Application of Federal Advisory Committee Act.--
     Notwithstanding paragraph (2) of subsection (b) of section 
     232, any advisory group described under that paragraph shall 
     not be exempt from the provisions of the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       (c) Waiver.--Notwithstanding section 835(d), the Secretary 
     shall waive subsection (a) of that section, only if the 
     Secretary determines that the waiver is required in the 
     interest of homeland security.
       (d) The amendment made by subsection (a)(1) of this section 
     shall be effective one day after enactment.
                                 ______
                                 
  SA 4954. Mr. REID (for Ms. Cantwell (for herself, Mr. Grassley, Mr. 
Enzi, and Mr. Kohl)) proposed an amendment to the bill S. 1742, to 
prevent the crime of identity theft, mitigate the harm to individuals 
victimized by identity theft, and for other purposes; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Identity Theft Victims 
     Assistance Act of 2002''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the crime of identity theft is the fastest growing 
     crime in the United States;
       (2) victims of identity theft often have extraordinary 
     difficulty restoring their credit and regaining control of 
     their identity because of the viral nature of identity theft;
       (3) identity theft may be ruinous to the good name and 
     credit of consumers whose identities are misappropriated, and 
     victims of identity theft may be denied otherwise well-
     deserved credit, may have to spend enormous time, effort, and 
     sums of money to remedy their circumstances, and may suffer 
     extreme emotional distress including deep depression founded 
     in profound frustration as they address the array of problems 
     that may arise as a result of identity theft;
       (4) victims are often required to contact numerous Federal, 
     State, and local law enforcement agencies, consumer credit 
     reporting agencies, and creditors over many years, as each 
     event of fraud arises;
       (5) the Government, business entities, and credit reporting 
     agencies have a shared responsibility to assist identity 
     theft victims, to mitigate the harm that results from fraud 
     perpetrated in the victim's name;
       (6) victims of identity theft need a nationally 
     standardized means of--

[[Page S11121]]

       (A) reporting identity theft to consumer credit reporting 
     agencies and business entities; and
       (B) evidencing their true identity and claim of identity 
     theft to consumer credit reporting agencies and business 
     entities;
       (7) one of the greatest law enforcement challenges posed by 
     identity theft is that stolen identities are often used to 
     perpetrate crimes in many different localities in different 
     States, and although identity theft is a Federal crime, most 
     often, State and local law enforcement agencies are 
     responsible for investigating and prosecuting the crimes; and
       (8) the Federal Government should assist State and local 
     law enforcement agencies to effectively combat identity theft 
     and the associated fraud.

     SEC. 3. TREATMENT OF IDENTITY THEFT MITIGATION.

       (a) In General.--Chapter 47 title 18, United States Code, 
     is amended by adding after section 1028 the following:

     ``Sec. 1028A. Treatment of identity theft mitigation

       ``(a) Definitions.--As used in this section--
       ``(1) the term `business entity' means any corporation, 
     trust, partnership, sole proprietorship, or unincorporated 
     association, including any financial service provider, 
     financial information repository, creditor (as that term is 
     defined in section 103 of the Truth in Lending Act (15 U.S.C. 
     1602)), telecommunications, utilities, or other service 
     provider;
       ``(2) the term `consumer' means an individual;
       ``(3) the term `financial information' means information 
     identifiable as relating to an individual consumer that 
     concerns the amount and conditions of the assets, 
     liabilities, or credit of the consumer, including--
       ``(A) account numbers and balances;
       ``(B) nonpublic personal information, as that term is 
     defined in section 509 of the Gramm-Leach-Bliley Act (15 
     U.S.C. 6809); and
       ``(C) codes, passwords, social security numbers, tax 
     identification numbers, State identifier numbers issued by a 
     State department of licensing, and other information used for 
     the purpose of account access or transaction initiation;
       ``(4) the term `financial information repository' means a 
     person engaged in the business of providing services to 
     consumers who have a credit, deposit, trust, stock, or other 
     financial services account or relationship with that person;
       ``(5) the term `identity theft' means an actual or 
     potential violation of section 1028 or any other similar 
     provision of Federal or State law;
       ``(6) the term `means of identification' has the same 
     meaning given the term in section 1028; and
       ``(7) the term `victim' means a consumer whose means of 
     identification or financial information has been used or 
     transferred (or has been alleged to have been used or 
     transferred) without the authority of that consumer with the 
     intent to commit, or to aid or abet, identity theft or any 
     other violation of law.
       ``(b) Information Available to Victims.--
       ``(1) In general.--A business entity that possesses 
     information relating to an alleged identity theft, or that 
     has entered into a transaction, provided credit, products, 
     goods, or services, accepted payment, or otherwise done 
     business with a person that has made unauthorized use of the 
     means of identification of the victim, shall, not later than 
     20 days after the receipt of a written request by the victim, 
     meeting the requirements of subsection (c), provide, without 
     charge, a copy of all application and transaction information 
     related to the transaction being alleged as an identity theft 
     to--
       ``(A) the victim;
       ``(B) any Federal, State, or local governing law 
     enforcement agency or officer specified by the victim; or
       ``(C) any law enforcement agency investigating the identity 
     theft and authorized by the victim to take receipt of records 
     provided under this section.
       ``(2) Rule of construction.--
       ``(A) In general.--No provision of Federal or State law 
     prohibiting the disclosure of financial information by a 
     business entity to third parties shall be used to deny 
     disclosure of information to the victim under this section.
       ``(B) Limitation.--Except as provided in subparagraph (A), 
     nothing in this section requires a business entity to 
     disclose information that the business entity is otherwise 
     prohibited from disclosing under any other provision of 
     Federal or State law.
       ``(c) Verification of Identity and Claim.--Unless a 
     business entity, at its discretion, is otherwise able to 
     verify the identity of a victim making a request under 
     subsection (b)(1), the victim shall provide to the business 
     entity--
       ``(1) as proof of positive identification--
       ``(A) the presentation of a government-issued 
     identification card;
       ``(B) if providing proof by mail, a copy of a government-
     issued identification card; or
       ``(C) upon the request of the person seeking business 
     records, the business entity may inform the requesting person 
     of the categories of identifying information that the 
     unauthorized person provided the business entity as 
     personally identifying information, and may require the 
     requesting person to provide identifying information in those 
     categories; and
       ``(2) as proof of a claim of identity theft, at the 
     election of the business entity--
       ``(A) a copy of a police report evidencing the claim of the 
     victim of identity theft;
       ``(B) a copy of a standardized affidavit of identity theft 
     developed and made available by the Federal Trade Commission; 
     or
       ``(C) any affidavit of fact that is acceptable to the 
     business entity for that purpose.
       ``(d) Limitation on Liability.--No business entity may be 
     held liable for a disclosure, made in good faith and 
     reasonable judgment, to provide information under this 
     section with respect to an individual in connection with an 
     identity theft to other business entities, law enforcement 
     authorities, victims, or any person alleging to be a victim, 
     if--
       ``(1) the business entity complies with subsection (c); and
       ``(2) such disclosure was made--
       ``(A) for the purpose of detection, investigation, or 
     prosecution of identity theft; or
       ``(B) to assist a victim in recovery of fines, restitution, 
     rehabilitation of the credit of the victim, or such other 
     relief as may be appropriate.
       ``(e) Authority to Decline to Provide Information.--A 
     business entity may decline to provide information under 
     subsection (b) if, in the exercise of good faith and 
     reasonable judgment, the business entity believes that--
       ``(1) this section does not require disclosure of the 
     information; or
       ``(2) the request for the information is based on a 
     misrepresentation of fact by the victim relevant to the 
     request for information.
       ``(f) No New Recordkeeping Obligation.--Nothing in this 
     section creates an obligation on the part of a business 
     entity to obtain, retain, or maintain information or records 
     that are not otherwise required to be obtained, retained, or 
     maintained in the ordinary course of its business or under 
     other applicable law.
       ``(g) Affirmative Defense.--In any civil action brought to 
     enforce this section, it is an affirmative defense (which the 
     defendant must establish by a preponderance of the evidence) 
     for a business entity to file an affidavit or answer stating 
     that--
       ``(1) the business entity has made a reasonably diligent 
     search of its available business records; and
       ``(2) the records requested under this section do not exist 
     or are not available.
       ``(h) No Private Right of Action.--Nothing in this section 
     shall be construed to provide a private right of action or 
     claim for relief.
       ``(i) Enforcement.--
       ``(1) Civil actions.--
       ``(A) In general.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been, or is threatened to be, 
     adversely affected by a violation of this section by any 
     business entity, the State, as parens patriae, may bring a 
     civil action on behalf of the residents of the State in a 
     district court of the United States of appropriate 
     jurisdiction to--
       ``(i) enjoin that practice;
       ``(ii) enforce compliance of this section;
       ``(iii) obtain damages--

       ``(I) in the sum of actual damages, restitution, and other 
     compensation on behalf of the residents of the State; and
       ``(II) punitive damages, if the violation is willful or 
     intentional; and

       ``(iv) obtain such other equitable relief as the court may 
     consider to be appropriate.
       ``(B) Notice.--Before bringing an action under subparagraph 
     (A), the attorney general of the State involved shall provide 
     to the Attorney General of the United States--
       ``(i) written notice of the action; and
       ``(ii) a copy of the complaint for the action.
       ``(2) Intervention.--
       ``(A) In general.--On receiving notice of an action under 
     paragraph (1)(B), the Attorney General of the United States 
     shall have the right to intervene in that action.
       ``(B) Effect of intervention.--If the Attorney General of 
     the United States intervenes in an action under this 
     subsection, the Attorney General shall have the right to be 
     heard with respect to any matter that arises in that action.
       ``(C) Service of process.--Upon request of the Attorney 
     General of the United States, the attorney general of a State 
     that has filed an action under this subsection shall, 
     pursuant to Rule 4(d)(4) of the Federal Rules of Civil 
     Procedure, serve the Government with--
       ``(i) a copy of the complaint; and
       ``(ii) written disclosure of substantially all material 
     evidence and information in the possession of the attorney 
     general of the State.
       ``(3) Construction.--For purposes of bringing any civil 
     action under this subsection, nothing in this section shall 
     be construed to prevent an attorney general of a State from 
     exercising the powers conferred on such attorney general by 
     the laws of that State--
       ``(A) to conduct investigations;
       ``(B) to administer oaths or affirmations; or
       ``(C) to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(4) Actions by the attorney general of the united 
     states.--In any case in which an action is instituted by or 
     on behalf of the Attorney General of the United States for a 
     violation of this section, no State may, during the pendency 
     of that action, institute an action under this subsection 
     against any defendant named in the complaint in that action 
     for violation of that practice.
       ``(5) Venue; service of process.--
       ``(A) Venue.--Any action brought under this subsection may 
     be brought in the district court of the United States--

[[Page S11122]]

       ``(i) where the defendant resides;
       ``(ii) where the defendant is doing business; or
       ``(iii) that meets applicable requirements relating to 
     venue under section 1391 of title 28.
       ``(B) Service of process.--In an action brought under this 
     subsection, process may be served in any district in which 
     the defendant--
       ``(i) resides;
       ``(ii) is doing business; or
       ``(iii) may be found.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 47 of title 18, United States Code, is 
     amended by inserting after the item relating to section 1028 
     the following new item:

``1028A. Treatment of identity theft mitigation.''.

     SEC. 4. AMENDMENTS TO THE FAIR CREDIT REPORTING ACT.

       (a) Consumer Reporting Agency Blocking of Information 
     Resulting From Identity Theft.--Section 611 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681i) is amended by adding 
     at the end the following:
       ``(e) Block of Information Resulting From Identity Theft.--
       ``(1) Block.--Except as provided in paragraph (3) and not 
     later than 30 days after the date of receipt of proof of the 
     identity of a consumer and an official copy of a police 
     report evidencing the claim of the consumer of identity 
     theft, a consumer reporting agency shall block the reporting 
     of any information identified by the consumer in the file of 
     the consumer resulting from the identity theft, so that the 
     information cannot be reported.
       ``(2) Notification.--A consumer reporting agency shall 
     promptly notify the furnisher of information identified by 
     the consumer under paragraph (1)--
       ``(A) that the information may be a result of identity 
     theft;
       ``(B) that a police report has been filed;
       ``(C) that a block has been requested under this 
     subsection; and
       ``(D) of the effective date of the block.
       ``(3) Authority to decline or rescind.--
       ``(A) In general.--A consumer reporting agency may decline 
     to block, or may rescind any block, of consumer information 
     under this subsection if--
       ``(i) in the exercise of good faith and reasonable 
     judgment, the consumer reporting agency finds that--

       ``(I) the information was blocked due to a 
     misrepresentation of fact by the consumer relevant to the 
     request to block; or
       ``(II) the consumer knowingly obtained possession of goods, 
     services, or moneys as a result of the blocked transaction or 
     transactions, or the consumer should have known that the 
     consumer obtained possession of goods, services, or moneys as 
     a result of the blocked transaction or transactions; or

       ``(ii) the consumer agrees that the blocked information or 
     portions of the blocked information were blocked in error.
       ``(B) Notification to consumer.--If the block of 
     information is declined or rescinded under this paragraph, 
     the affected consumer shall be notified promptly, in the same 
     manner as consumers are notified of the reinsertion of 
     information under subsection (a)(5)(B).
       ``(C) Significance of block.--For purposes of this 
     paragraph, if a consumer reporting agency rescinds a block, 
     the presence of information in the file of a consumer prior 
     to the blocking of such information is not evidence of 
     whether the consumer knew or should have known that the 
     consumer obtained possession of any goods, services, or 
     monies as a result of the block.
       ``(4) Exceptions.--
       ``(A) Negative information data.--A consumer reporting 
     agency shall not be required to comply with this subsection 
     when such agency is issuing information for authorizations, 
     for the purpose of approving or processing negotiable 
     instruments, electronic funds transfers, or similar methods 
     of payment, based solely on negative information, including--
       ``(i) dishonored checks;
       ``(ii) accounts closed for cause;
       ``(iii) substantial overdrafts;
       ``(iv) abuse of automated teller machines; or
       ``(v) other information which indicates a risk of fraud 
     occurring.
       ``(B) Resellers.--
       ``(i) No reseller file.--The provisions of this subsection 
     do not apply to a consumer reporting agency if the consumer 
     reporting agency--

       ``(I) does not maintain a file on the consumer from which 
     consumer reports are produced;
       ``(II) is not, at the time of the request of the consumer 
     under paragraph (1), otherwise furnishing or reselling a 
     consumer report concerning the information identified by the 
     consumer; and
       ``(III) informs the consumer, by any means, that the 
     consumer may report the identity theft to the Federal Trade 
     Commission to obtain consumer information regarding identity 
     theft.

       ``(ii) Reseller with file.--The sole obligation of the 
     consumer reporting agency under this subsection, with regard 
     to any request of a consumer under this subsection, shall be 
     to block the consumer report maintained by the consumer 
     reporting agency from any subsequent use if--

       ``(I) the consumer, in accordance with the provisions of 
     paragraph (1), identifies, to a consumer reporting agency, 
     information in the file of the consumer that resulted from 
     identity theft;
       ``(II) the consumer reporting agency is acting as a 
     reseller of the identified information by assembling or 
     merging information about that consumer which is contained in 
     the database of not less than 1 other consumer reporting 
     agency; and
       ``(III) the consumer reporting agency does not store or 
     maintain a database of information obtained for resale from 
     which new consumer reports are produced.

       ``(iii) Notice.--In carrying out its obligation under 
     clause (ii), the consumer reporting agency shall provide a 
     notice to the consumer of the decision to block the file. 
     Such notice shall contain the name, address, and telephone 
     number of each consumer reporting agency from which the 
     consumer information was obtained for resale.''.
       (b) False Claims.--Section 1028 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(j) Any person who knowingly falsely claims to be a 
     victim of identity theft for the purpose of obtaining the 
     blocking of information by a consumer reporting agency under 
     section 611(e)(1) of the Fair Credit Reporting Act (15 U.S.C. 
     1681i(e)(1)) shall be fined under this title, imprisoned not 
     more than 3 years, or both.''.
       (c) Statute of Limitations.--Section 618 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681p) is amended to read as 
     follows:

     ``SEC. 618. JURISDICTION OF COURTS; LIMITATION ON ACTIONS.

       ``(a) In General.--Except as provided in subsections (b) 
     and (c), an action to enforce any liability created under 
     this title may be brought in any appropriate United States 
     district court without regard to the amount in controversy, 
     or in any other court of competent jurisdiction, not later 
     than 2 years from the date of the defendant's violation of 
     any requirement under this title.
       ``(b) Willful Misrepresentation.--In any case in which the 
     defendant has materially and willfully misrepresented any 
     information required to be disclosed to an individual under 
     this title, and the information misrepresented is material to 
     the establishment of the liability of the defendant to that 
     individual under this title, an action to enforce a liability 
     created under this title may be brought at any time within 2 
     years after the date of discovery by the individual of the 
     misrepresentation.
       ``(c) Identity Theft.--An action to enforce a liability 
     created under this title may be brought not later than 4 
     years from the date of the defendant's violation if--
       ``(1) the plaintiff is the victim of an identity theft; or
       ``(2) the plaintiff--
       ``(A) has reasonable grounds to believe that the plaintiff 
     is the victim of an identity theft; and
       ``(B) has not materially and willfully misrepresented such 
     a claim.''.

     SEC. 5. COORDINATING COMMITTEE STUDY OF COORDINATION BETWEEN 
                   FEDERAL, STATE, AND LOCAL AUTHORITIES IN 
                   ENFORCING IDENTITY THEFT LAWS.

       (a) Membership; Term.--Section 2 of the Internet False 
     Identification Prevention Act of 2000 (18 U.S.C. 1028 note) 
     is amended--
       (1) in subsection (b), by striking ``and the Commissioner 
     of Immigration and Naturalization'' and inserting ``the 
     Commissioner of Immigration and Naturalization, the Chairman 
     of the Federal Trade Commission, the Postmaster General, and 
     the Commissioner of the United States Customs Service,''; and
       (2) in subsection (c), by striking ``2 years after the 
     effective date of this Act.'' and inserting ``on December 28, 
     2004.''.
       (b) Consultation.--Section 2 of the Internet False 
     Identification Prevention Act of 2000 (18 U.S.C. 1028 note) 
     is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Consultation.--In discharging its duties, the 
     coordinating committee shall consult with interested parties, 
     including State and local law enforcement agencies, State 
     attorneys general, representatives of business entities (as 
     that term is defined in section 4 of the Identity Theft 
     Victims Assistance Act of 2002), including telecommunications 
     and utility companies, and organizations representing 
     consumers.''.
       (c) Report Distribution and Contents.--Section 2(e) of the 
     Internet False Identification Prevention Act of 2000 (18 
     U.S.C. 1028 note) (as redesignated by subsection (b)) is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The Attorney General and the Secretary 
     of the Treasury, at the end of each year of the existence of 
     the coordinating committee, shall report on the activities of 
     the coordinating committee to--
       ``(A) the Committee on the Judiciary of the Senate;
       ``(B) the Committee on the Judiciary of the House of 
     Representatives;
       ``(C) the Committee on Banking, Housing, and Urban Affairs 
     of the Senate; and
       ``(D) the Committee on Financial Services of the House of 
     Representatives.'';
       (2) in subparagraph (E), by striking ``and'' at the end; 
     and
       (3) by striking subparagraph (F) and inserting the 
     following:
       ``(F) a comprehensive description of Federal assistance 
     provided to State and local law enforcement agencies to 
     address identity theft;

[[Page S11123]]

       ``(G) a comprehensive description of coordination 
     activities between Federal, State, and local law enforcement 
     agencies that address identity theft; and
       ``(H) recommendations in the discretion of the President, 
     if any, for legislative or administrative changes that 
     would--
       ``(i) facilitate more effective investigation and 
     prosecution of cases involving--

       ``(I) identity theft; and
       ``(II) the creation and distribution of false 
     identification documents;

       ``(ii) improve the effectiveness of Federal assistance to 
     State and local law enforcement agencies and coordination 
     between Federal, State, and local law enforcement agencies; 
     and
       ``(iii) simplify efforts by a person necessary to rectify 
     the harm that results from the theft of the identity of such 
     person.''.
                                 ______
                                 
  SA 4955. Mr. REID (for Mr. Helms (for himself and Mr. Leahy)) 
proposed an amendment to the bill H.R. 5469, To amend title 17, United 
States Code, with respect to the statutory license for webcasting; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Webcaster Settlement 
     Act of 2002''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Some small webcasters who did not participate in the 
     copyright arbitration royalty panel proceeding leading to the 
     July 8, 2002 order of the Librarian of Congress establishing 
     rates and terms for certain digital performances and 
     ephemeral reproductions of sound recordings, as provided in 
     part 261 of the Code of Federal Regulations (published in the 
     Federal Register on July 8, 2002) (referred to in this 
     section as ``small webcasters''), have expressed reservations 
     about the fee structure set forth in such order, and have 
     expressed their desire for a fee based on a percentage of 
     revenue.
       (2) Congress has strongly encouraged representatives of 
     copyright owners of sound recordings and representatives of 
     the small webcasters to engage in negotiations to arrive at 
     an agreement that would include a fee based on a percentage 
     of revenue.
       (3) The representatives have arrived at an agreement that 
     they can accept in the extraordinary and unique circumstances 
     here presented, specifically as to the small webcasters, 
     their belief in their inability to pay the fees due pursuant 
     to the July 8 order, and as to the copyright owners of sound 
     recordings and performers, the strong encouragement of 
     Congress to reach an accommodation with the small webcasters 
     on an expedited basis.
       (4) The representatives have indicated that they do not 
     believe the agreement provides for or in any way approximates 
     fair or reasonable royalty rates and terms, or rates and 
     terms that would have been negotiated in the marketplace 
     between a willing buyer and a willing seller.
       (5) Congress has made no determination as to whether the 
     agreement provides for or in any way approximates fair or 
     reasonable fees and terms, or rates and terms that would have 
     been negotiated in the marketplace between a willing buyer 
     and a willing seller.
       (6) Congress likewise has made no determination as to 
     whether the July 8 order is reasonable or arbitrary, and 
     nothing in this Act shall be taken into account by the United 
     States Court of Appeals for the District of Columbia Circuit 
     in its review of such order.
       (7) It is, nevertheless, in the public interest for the 
     parties to be able to enter into such an agreement without 
     fear of liability for deviating from the fees and terms of 
     the July 8 order, if it is clear that the agreement will not 
     be admissible as evidence or otherwise taken into account in 
     any government proceeding involving the setting or adjustment 
     of the royalties payable to copyright owners of sound 
     recordings for the public performance or reproduction in 
     ephemeral phonorecords or copies of such works, the 
     determination of terms or conditions related thereto, or the 
     establishment of notice or recordkeeping requirements.

     SEC. 3. SUSPENSION OF CERTAIN PAYMENTS.

       (a) Noncommercial Webcasters.--
       (1) In general.--The payments to be made by noncommercial 
     webcasters for the digital performance of sound recordings 
     under section 114 of title 17, United States Code, and the 
     making of ephemeral phonorecords under section 112 of title 
     17, United States Code, during the period beginning on 
     October 28, 1998, and ending on May 31, 2003, which have not 
     already been paid, shall not be due until June 20, 2003.
       (2) Definition.--In this subsection, the term 
     ``noncommercial webcaster'' has the meaning given that term 
     in section 114(f)(5)(E)(i) of title 17, United States Code, 
     as added by section 4 of this Act.
       (b) Small Commercial Webcasters.--
       (1) In general.--The receiving agent may, in a writing 
     signed by an authorized representative thereof, delay the 
     obligation of any 1 or more small commercial webcasters to 
     make payments pursuant to sections 112 and 114 of title 17, 
     United States Code, for a period determined by such entity to 
     allow negotiations as permitted in section 4 of this Act, 
     except that any such period shall end no later than December 
     15, 2002. The duration and terms of any such delay shall be 
     as set forth in such writing.
       (2) Definitions.--In this subsection--
       (A) the term ``webcaster'' has the meaning given that term 
     in section 114(f)(5)(E)(iii) of title 17, United States Code, 
     as added by section 4 of this Act; and
       (B) the term ``receiving agent'' shall have the meaning 
     given that term in section 261.2 of title 37, Code of Federal 
     Regulations, as published in the Federal Register on July 8, 
     2002.

     SEC. 4. AUTHORIZATION FOR SETTLEMENTS.

       Section 114(f) of title 17, United States Code, is amended 
     by adding after paragraph (4) the following:
       ``(5)(A) Notwithstanding section 112(e) and the other 
     provisions of this subsection, the receiving agent may enter 
     into agreements for the reproduction and performance of sound 
     recordings under section 112(e) and this section by any 1 or 
     more small commercial webcasters or noncommercial webcasters 
     during the period beginning on October 28, 1998, and ending 
     on December 31, 2004, that, once published in the Federal 
     Register pursuant to subparagraph (B), shall be binding on 
     all copyright owners of sound recordings and other persons 
     entitled to payment under this section, in lieu of any 
     determination by a copyright arbitration royalty panel or 
     decision by the Librarian of Congress. Any such agreement for 
     small commercial webcasters shall include provisions for 
     payment of royalties on the basis of a percentage of revenue 
     or expenses, or both, and include a minimum fee. Any such 
     agreement may include other terms and conditions, including 
     requirements by which copyright owners may receive notice of 
     the use of their sound recordings and under which records of 
     such use shall be kept and made available by small commercial 
     webcasters or noncommercial webcasters. The receiving agent 
     shall be under no obligation to negotiate any such agreement. 
     The receiving agent shall have no obligation to any copyright 
     owner of sound recordings or any other person entitled to 
     payment under this section in negotiating any such agreement, 
     and no liability to any copyright owner of sound recordings 
     or any other person entitled to payment under this section 
     for having entered into such agreement.
       ``(B) The Copyright Office shall cause to be published in 
     the Federal Register any agreement entered into pursuant to 
     subparagraph (A). Such publication shall include a statement 
     containing the substance of subparagraph (C). Such agreements 
     shall not be included in the Code of Federal Regulations. 
     Thereafter, the terms of such agreement shall be available, 
     as an option, to any small commercial webcaster or 
     noncommercial webcaster meeting the eligibility conditions of 
     such agreement.
       ``(C) Neither subparagraph (A) nor any provisions of any 
     agreement entered into pursuant to subparagraph (A), 
     including any rate structure, fees, terms, conditions, or 
     notice and recordkeeping requirements set forth therein, 
     shall be admissible as evidence or otherwise taken into 
     account in any administrative, judicial, or other government 
     proceeding involving the setting or adjustment of the 
     royalties payable for the public performance or reproduction 
     in ephemeral phonorecords or copies of sound recordings, the 
     determination of terms or conditions related thereto, or the 
     establishment of notice or recordkeeping requirements by the 
     Librarian of Congress under paragraph (4) or section 
     112(e)(4). It is the intent of Congress that any royalty 
     rates, rate structure, definitions, terms, conditions, or 
     notice and recordkeeping requirements, included in such 
     agreements shall be considered as a compromise motivated by 
     the unique business, economic and political circumstances of 
     small webcasters, copyright owners, and performers rather 
     than as matters that would have been negotiated in the 
     marketplace between a willing buyer and a willing seller, or 
     otherwise meet the objectives set forth in section 801(b).
       ``(D) Nothing in the Small Webcaster Settlement Act of 2002 
     or any agreement entered into pursuant to subparagraph (A) 
     shall be taken into account by the United States Court of 
     Appeals for the District of Columbia Circuit in its review of 
     the determination by the Librarian of Congress of July 8, 
     2002, of rates and terms for the digital performance of sound 
     recordings and ephemeral recordings, pursuant to sections 112 
     and 114.
       ``(E) As used in this paragraph--
       ``(i) the term `noncommercial webcaster' means a webcaster 
     that--
       ``(I) is exempt from taxation under section 501 of the 
     Internal Revenue Code of 1986 (26 U.S.C. 501);
       ``(II) has applied in good faith to the Internal Revenue 
     Service for exemption from taxation under section 501 of the 
     Internal Revenue Code and has a commercially reasonable 
     expectation that such exemption shall be granted; or
       ``(III) is operated by a State or possession or any 
     governmental entity or subordinate thereof, or by the United 
     States or District of Columbia, for exclusively public 
     purposes;
       ``(ii) the term `receiving agent' shall have the meaning 
     given that term in section 261.2 of title 37, Code of Federal 
     Regulations, as published in the Federal Register on July 8, 
     2002; and
       ``(iii) the term `webcaster' means a person or entity that 
     has obtained a compulsory license under section 112 or 114 
     and the implementing regulations therefor to make eligible 
     nonsubscription transmissions and ephemeral recordings.

[[Page S11124]]

       ``(F) The authority to make settlements pursuant to 
     subparagraph (A) shall expire December 15, 2002, except with 
     respect to noncommercial webcasters for whom the authority 
     shall expire May 31, 2003.''.

     SEC. 5. DEDUCTIBILITY OF COSTS AND EXPENSES OF AGENTS AND 
                   DIRECT PAYMENT TO ARTISTS OF ROYALTIES FOR 
                   DIGITAL PERFORMANCES OF SOUND RECORDINGS.

       (a) Findings.--Congress finds that--
       (1) in the case of royalty payments from the licensing of 
     digital transmissions of sound recordings under subsection 
     (f) of section 114 of title 17, United States Code, the 
     parties have voluntarily negotiated arrangements under which 
     payments shall be made directly to featured recording artists 
     and the administrators of the accounts provided in subsection 
     (g)(2) of that section;
       (2) such voluntarily negotiated payment arrangements have 
     been codified in regulations issued by the Librarian of 
     Congress, currently found in section 261.4 of title 37, Code 
     of Federal Regulations, as published in the Federal Register 
     on July 8, 2002;
       (3) other regulations issued by the Librarian of Congress 
     were inconsistent with the voluntarily negotiated 
     arrangements by such parties concerning the deductibility of 
     certain costs incurred for licensing and arbitration, and 
     Congress is therefore restoring those terms as originally 
     negotiated among the parties; and
       (4) in light of the special circumstances described in this 
     subsection, the uncertainty created by the regulations issued 
     by the Librarian of Congress, and the fact that all of the 
     interested parties have reached agreement, the voluntarily 
     negotiated arrangements agreed to among the parties are being 
     codified.
       (b) Deductibility.--Section 114(g) of title 17, United 
     States Code, is amended by adding after paragraph (2) the 
     following:
       ``(3) A nonprofit agent designated to distribute receipts 
     from the licensing of transmissions in accordance with 
     subsection (f) may deduct from any of its receipts, prior to 
     the distribution of such receipts to any person or entity 
     entitled thereto other than copyright owners and performers 
     who have elected to receive royalties from another designated 
     agent and have notified such nonprofit agent in writing of 
     such election, the reasonable costs of such agent incurred 
     after November 1, 1995, in--
       ``(A) the administration of the collection, distribution, 
     and calculation of the royalties;
       ``(B) the settlement of disputes relating to the collection 
     and calculation of the royalties; and
       ``(C) the licensing and enforcement of rights with respect 
     to the making of ephemeral recordings and performances 
     subject to licensing under section 112 and this section, 
     including those incurred in participating in negotiations or 
     arbitration proceedings under section 112 and this section, 
     except that all costs incurred relating to the section 112 
     ephemeral recordings right may only be deducted from the 
     royalties received pursuant to section 112.
       ``(4) Notwithstanding paragraph (3), any designated agent 
     designated to distribute receipts from the licensing of 
     transmissions in accordance with subsection (f) may deduct 
     from any of its receipts, prior to the distribution of such 
     receipts, the reasonable costs identified in paragraph (3) of 
     such agent incurred after November 1, 1995, with respect to 
     such copyright owners and performers who have entered with 
     such agent a contractual relationship that specifies that 
     such costs may be deducted from such royalty receipts.''.
       (c) Direct Payment to Artists.--Section 114(g)(2) of title 
     17, United States Code, is amended to read as follows:
       ``(2) An agent designated to distribute receipts from the 
     licensing of transmissions in accordance with subsection (f) 
     shall distribute such receipts as follows:
       ``(A) 50 percent of the receipts shall be paid to the 
     copyright owner of the exclusive right under section 106(6) 
     of this title to publicly perform a sound recording by means 
     of a digital audio transmission.
       ``(B) 2\1/2\ percent of the receipts shall be deposited in 
     an escrow account managed by an independent administrator 
     jointly appointed by copyright owners of sound recordings and 
     the American Federation of Musicians (or any successor 
     entity) to be distributed to nonfeatured musicians (whether 
     or not members of the American Federation of Musicians) who 
     have performed on sound recordings.
       ``(C) 2\1/2\ percent of the receipts shall be deposited in 
     an escrow account managed by an independent administrator 
     jointly appointed by copyright owners of sound recordings and 
     the American Federation of Television and Radio Artists (or 
     any successor entity) to be distributed to nonfeatured 
     vocalists (whether or not members of the American Federation 
     of Television and Radio Artists) who have performed on sound 
     recordings.
       ``(D) 45 percent of the receipts shall be paid, on a per 
     sound recording basis, to the recording artist or artists 
     featured on such sound recording (or the persons conveying 
     rights in the artists' performance in the sound 
     recordings).''.

     SEC. 6. REPORT TO CONGRESS.

       By not later than June 1, 2004, the Comptroller General of 
     the United States, in consultation with the Register of 
     Copyrights, shall conduct and submit to the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on the Judiciary of the Senate a study concerning the 
     economic arrangements among small commercial webcasters 
     covered by agreements entered into pursuant to section 
     114(f)(5)(A) of title 17, United States Code, as added by 
     section 4 of this Act, and third parties, and the effect of 
     those arrangements on royalty fees payable on a percentage of 
     revenue or expense basis.
                                 ______
                                 
  SA 4956. Mr. REID (for Mr. Hagel (for himself, Mr. Biden, and Mr. 
Helms)) proposed an amendment to the bill S. 2712, to authorize 
economic and democratic development assistance for Afghanistan and to 
authorize military assistance for Afghanistan and certain other foreign 
countries; as follows:

       On page 39, line 20, strike ``and''.
       On page 39, line 24, strike the period and insert ``; 
     and''.
       On page 39, after line 24, insert the following:
       (9) Foster the growth of a pluralistic society that 
     promotes and respects religious freedom.
       Beginning on page 40, strike line 1 and all that follows 
     through line 15 on page 41.
       On page 41, line 16, strike ``sec. 104.'' and insert ``sec. 
     1035.''. Starting on line 17, strike ``any other provision of 
     law,'' and insert ``section 512 of P.L. 107-115 or any other 
     similar provision of law.''
       On page 42, line 7, insert ``and other unexploded 
     ordinance'' after ``landmines''.
       On page 44, lines 24 and 25, strike ``2002 through 2005'' 
     and insert ``2003 through 2006''.
       Beginning on page 44, line 25, strike ``of the amount'' and 
     all that follows through ``authorized'' on line 1 of page 45 
     and insert ``is authorized to be appropriated to the 
     President''.
       On page 47, line 6, insert ``(including repairing homes 
     damaged during military operations)'' after ``housing''.
       On page 48, line 11, insert ``including religious 
     freedom,'' after ``awareness,''.
       On page 48, line 16, insert ``, including the recognition 
     of religious freedom in the constitution and other legal 
     frameworks,'' after ``Afghanistan''.
       On page 49, line 4, insert ``, including religious freedom, 
     freedom of expression, and freedom of association,'' after 
     ``rights''.
       On page 49, between lines 5 and 6, insert:
       (x) support for Afghan and international efforts to 
     investigate human rights atrocities committed in Afghanistan 
     by the Taliban regime, opponents of such regime, and 
     terrorist groups operating in Afghanistan, including the 
     collection of forensic evidence relating to such atrocities;
       On page 49, line 6, strike ``(x)'' and insert ``(xi)''.
       On page 49, line 8, strike ``(xi)'' and insert ``(xii)''.
       On page 49, line 12, strike ``(xii)'' and insert 
     ``(xiii)''.
       On page 49, line 14, strike ``(xiii)'' and insert 
     ``(xiv)''.
       On page 49, line 21, strike ``not less than''.
       On page 49, beginning on line 21, strike ``of the'' and all 
     that follows through ``should'' on line 22 and insert ``is 
     authorized to be appropriated to the President to''.
       On page 50, line 23, strike ``and''.
       On page 50, after line 23, insert the following:
       (E) develop handicraft and other small-scale industries; 
     and
       On page 51, line 1, strike ``(E)'' and insert ``(F)''.
       On page 53, line 2, insert ``, including the rights of 
     religious freedom, freedom of expression, and freedom of 
     association,'' after ``rights''.
       On page 53, line 8, insert ``, including the rights of 
     religious freedom, freedom of expression, and freedom of 
     association,'' after ``human rights''.
       On page 53, line 12, strike ``2002 through 2005'' and 
     insert ``2003 through 2006''.
       On page 53, beginning on line 13, strike ``of'' and all 
     that follows through ``authorized'' on line 15 and insert 
     ``is authorized to be appropriated to the President''.
       On page 53, beginning on line 18, strike ``of'' and all 
     that follows through ``authorized'' on line 20 and insert 
     ``is authorized to be appropriated to the President''.
       On page 54, line 12, insert ``that respects human rights'' 
     after ``Afghanistan''.
       On page 55, beginning on line 5, strike ``for fiscal year'' 
     and all that follows through ``2005'' on lines 7.
       On page 55, line 17, strike ``sec. 105.'' and insert ``sec. 
     104.''.
       On page 56, between lines 14 and 15, insert the following:

     SEC. 105. SENSE OF CONGRESS REGARDING PROMOTING COOPERATION 
                   IN OPIUM PRODUCING AREAS.

       It is the sense of Congress that the President should--
       (1) to the extent practicable, under such procedures as the 
     President may prescribe, withhold United States bilateral 
     assistance from, and oppose multilateral assistance to, 
     opium-producing areas of Afghanistan if, within such areas, 
     appropriate cooperation is not provided to the United States, 
     the Government of Afghanistan, and international 
     organizations with respect to the suppression of narcotics 
     cultivation and trafficking, and if withholding such 
     assistance would promote such cooperation;
       (2) redistribute any United States bilateral assistance 
     (and to promote the redistribution of any multilateral 
     assistance) withheld

[[Page S11125]]

     from an opium-producing area to other areas with respect to 
     which assistance has not been withheld as a consequence of 
     this section; and
       (3) define or redefine the boundaries of opium producing 
     areas of Afghanistan for the purposes of this section.
       On page 57, line 14, strike ``Land Grant''.
       On page 57, line 22, strike ``land grant''.
       On page 58, beginning with line 1, strike ``Amounts'' and 
     all that follows through the period on line 5 and insert the 
     following: ``Of the funds made available to carry out the 
     purposes of assistance authorized by this title in any fiscal 
     year, up to 7 percent may be used for administrative expenses 
     of Federal departments and agencies in connection with the 
     provision of such assistance.''.
       On page 58, line 11, strike ``(A) In general.--''.
       On page 58, strike lines 17 through 20.
       On page 59, line 8, strike ``$500,000,000'' and insert 
     ``$425,000,000''.
       On page 59, line 9, strike ``2002 through 2005'' and insert 
     ``2003 through 2006''.
       On page 61, line 20, insert ``and shall not count toward 
     any limitation contained in section 506 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2318)'' after section 
     204(b)(1)''.
       On page 61, strike line 23.
       On page 61, line 24, strike ``(1) In general.--'' and 
     insert ``(a) In General.--''.
       On page 61, lines 24 and 25, strike ``paragraph (2)'' and 
     insert ``subsection (b)''.
       On page 62, line 3, strike ``(A)'' and insert ``(1)''.
       On page 62, line 8, strike ``(B)'' and insert ``(2)''.
       On page 62, line 10, strike ``(2)'' and insert ``(b)''.
       On page 62, line 12, after ``repeatedly,'' insert ``engaged 
     in gross violations of human rights, or''
       On page 62, strike lines 19 through 22.
       On page 63, lines 15 and 16, strike ``are authorized to 
     remain available until expended, and''.
       Beginning on page 64, strike line 9 and all that follows 
     through line 22 on page 68 and insert the following:

     SEC. 206. PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER 
                   ASSISTANCE IN AFGHANISTAN AND EXPANSION OF THE 
                   INTERNATIONAL SECURITY ASSISTANCE FORCE.

       (a) Findings.--Congress finds the following:
       (1) The President has declared his view that the United 
     States should provide significant assistance to Afghanistan 
     so that it is no longer a haven for terrorism.
       (2) The delivery of humanitarian and reconstruction 
     assistance from the international community is necessary for 
     the safe return of refugees and is critical to the future 
     stability of Afghanistan.
       (3) Enhanced stability in Afghanistan through an improved 
     security environment is critical to the functioning of the 
     Government of Afghanistan and the traditional Afghan assembly 
     or ``Loya Jirga'' process, which is intended to lead to a 
     permanent national government in Afghanistan, and also is 
     essential for the participation of women in Afghan society.
       (4) Incidents of violence between armed factions and local 
     and regional commanders, and serious abuses of human rights, 
     including attacks on women and ethnic minorities throughout 
     Afghanistan, create an insecure, volatile, and unsafe 
     environment in parts of Afghanistan, displacing thousands of 
     Afghan civilians from their local communities.
       (5)(A) On July 6, Vice President Haji Abdul Qadir was 
     assassinated in Kabul by unknown assailants.
       (B) On September 5, 2002, a car bomb exploded in Kabul 
     killing 32 and injuring 150 and on the same day a member of 
     Kandahar Governor Sherzai's security team attempted to 
     assassinate President Karzai.
       (6) The violence and lawlessness may jeopardize the ``Loya 
     Jirga'' process, undermine efforts to build a strong central 
     government, severely impede reconstruction and the delivery 
     of humanitarian assistance, and increase the likelihood that 
     parts of Afghanistan will once again become safe havens for 
     al-Qaida, Taliban forces, and drug traffickers.
       (7) The lack of security and lawlessness may also 
     perpetuate the need for United States Armed Forces in 
     Afghanistan and threaten the ability of the United States to 
     meet its military objectives.
       (8) The International Security Assistance Force in 
     Afghanistan, currently led by Turkey, and composed of forces 
     from other willing countries without the participation of 
     United States Armed Forces, is deployed only in Kabul and 
     currently does not have the mandate or the capacity to 
     provide security to other parts of Afghanistan.
       (9) Due to the ongoing military campaign in Afghanistan, 
     the United States does not contribute troops to the 
     International Security Assistance Force but has provided 
     support to other countries that are doing so.
       (10) The United States is providing political, financial, 
     training, and other assistance to the Afghan Interim 
     Authority as it begins to build a national army and police 
     force to help provide security throughout Afghanistan, but 
     this effort is not meeting the immediate security needs of 
     Afghanistan.
       (11) Because of these immediate security needs, the 
     Government of Afghanistan, its President, Hamid Karzai, and 
     many Afghan regional leaders have called for the 
     International Security Assistance Force, which has 
     successfully brought stability to Kabul, to be expanded and 
     deployed throughout the country, and this request has been 
     strongly supported by a wide range of international 
     humanitarian organizations, including the International 
     Committee of the Red Cross, Catholic Relief Services, and 
     Refugees International.
       (b) Statement of Policy.--It should be the policy of the 
     United States to support measures to help meet the immediate 
     security needs of Afghanistan in order to promote safe and 
     effective delivery of humanitarian and other assistance 
     throughout Afghanistan, further the rule of law and civil 
     order, and support the formation of a functioning, 
     representative Afghan national government.
       (c) Implementation of Strategy.--
       (1) Initial report.--Not later than 60 days after the date 
     of the enactment of this Act, the President shall provide the 
     Committee on International Relations and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate with--
       (A) a strategy for meeting the immediate and long-term 
     security needs of Afghanistan in order to promote safe and 
     effective delivery of humanitarian and other assistance 
     throughout Afghanistan, further the rule of law and civil 
     order, and support the formation of a functioning, 
     representative Afghan national government, including an 
     update to the strategies submitted pursuant to Public Law 
     107-206; and
       (B) a description of the progress of the Government of 
     Afghanistan toward the eradication of poppy cultivation, the 
     disruption of heroin production, and the reduction of the 
     overall supply and demand for illicit narcotics in 
     Afghanistan in accordance with the provisions of this Act.
       (2) Implementation of strategy.--Every 6 months after the 
     enactment of this Act through January 1, 2007, the President 
     shall submit to the congressional committees specified in 
     paragraph (1) a report on the implementation of the 
     strategies for meeting the immediate and long-term security 
     needs of Afghanistan, which shall include the following 
     elements--
       (A) since the previous report, the progress in recruiting, 
     training, and deploying an Afghan National Army and police 
     force, including the numbers and ethnic composition of 
     recruits; the number of graduates from military and police 
     training; the numbers of graduates retained by the Afghan 
     National Army and police forces since the previous report; 
     the numbers of graduates operationally deployed and to which 
     areas of the country; the degree to which these graduates are 
     assuming security responsibilities; whether Afghan army and 
     police units are establishing effective central governmental 
     authority over areas of the country, and which areas; and the 
     numbers of instances of armed attacks against Afghan central 
     governmental officials, United States or international 
     officials, troops or aid workers, or between the armed forces 
     of regional leaders;
       (B) the degree to which armed regional leaders are 
     cooperating and integrating with the central government, 
     providing security and order within their regions of 
     influence, engaging in armed conflict or other forms of 
     competition that are deleterious to peace, security, and the 
     integration of a unified Afghanistan under the central 
     government;
       (C) the amount of humanitarian relief provided since the 
     previous report to returnees, isolated populations and other 
     vulnerable groups, as well as demining assistance and 
     landmine survivors rehabilitation; and the numbers of such 
     persons not assisted since the previous report;
       (D) the steps taken since the previous report toward 
     national reconstruction, including establishment of the 
     ministries and other institutions of the Government of 
     Afghanistan;
       (E) the numbers of Civil Affairs Teams working with 
     regional leaders, as well as the quick impact infrastructure 
     projects undertaken by such teams since the previous report;
       (F) efforts undertaken since the previous report to rebuild 
     the justice sector, including the establishment of a 
     functioning judiciary, a competent bar, reintegration of 
     women legal professionals and a reliable penal system, and 
     the respect for human rights; and
       (G) a description of the progress of the Government of 
     Afghanistan with respect to the matters described in 
     paragraph (1)(B).
       (d) Expansion of the International Security Assistance 
     Force.--
       (1) Sense of congress.--Congress urges the President, in 
     order to fulfill the objective of establishing security in 
     Afghanistan, to take all appropriate measures to assist 
     Afghanistan establish a secure environment throughout the 
     country, including by--
       (A) sponsoring in the United Nations Security Council a 
     resolution authorizing an expansion of the International 
     Security Assistance Force, or the establishment of a similar 
     security force; and
       (B) enlisting the European and other allies of the United 
     States to provide forces for an expansion of the 
     International Security Assistance Force in Afghanistan, or 
     the establishment of a similar security force.
       (2) Authorization of appropriations.--(A) There is 
     authorized to be appropriated to the President $500,000,000 
     for each of fiscal years 2003 and 2004 to support the 
     International Security Assistance Force or the establishment 
     of a similar security force.
       (B) Amounts made available under subparagraph (A) may be 
     appropriated pursuant

[[Page S11126]]

     to chapter 4 of part II of the Foreign Assistance Act of 
     1961, section 551 of such Act, or section 23 of the Arms 
     Export Control Act.
       (C) Funds appropriated pursuant to subparagraph (A) shall 
     be subject to the notification requirements under section 
     634A of the Foreign Assistance Act of 1961.
       On page 63, line 24, insert ``and the Committee on 
     Appropriations'' after ``Relations''.
       On page 63, line 25, insert ``and the Committee on 
     Appropriations'' after ``Relations''.
       On page 69, line 5, strike ``any other provision of law'' 
     and insert ``section 512 of Public Law 107-115 or any similar 
     provision of law''.
       Beginning on page 69, strike line 6 and all that follows 
     through line 4 on page 70.
       On page 70, line 5, strike ``sec. 209.'' and insert `` sec. 
     208.''
       On page 70, line 7, strike ``2005'' and insert ``2006''.
       On page 70, after line 7, add the following:

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. REQUIREMENT TO COMPLY WITH PROCEDURES RELATING TO 
                   THE PROHIBITION ON ASSISTANCE TO DRUG 
                   TRAFFICKERS.

       Assistance provided under this Act shall be subject to the 
     same provisions as are applicable to assistance under the 
     Foreign Assistance Act of 1961 and the Arms Export Control 
     Act under section 487 of the Foreign Assistance Act of 1961 
     (relating to the prohibition on assistance to drug 
     traffickers; 22 U.S.C. 2291f), and the applicable regulations 
     issued under that section.

     SEC. 302. SENSE OF CONGRESS REGARDING PROTECTING 
                   AFGHANISTAN'S PRESIDENT.

       It is the sense of Congress that--
       (1) any United States physical protection force provided 
     for the personal security of the President of Afghanistan 
     should be composed of United States diplomatic security, law-
     enforcement, or military personnel, and should not utilize 
     private contracted personnel to provide actual physical 
     protection services;
       (2) United States allies should be invited to volunteer 
     active-duty military or law enforcement personnel to 
     participate in such a protection forces; and
       (3) such a protection force should be limited in duration 
     and should be succeeded by qualified Afghan security forces 
     as soon as practicable.

     SEC. 303. DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS.

       (a) Findings.--The Congress finds that inadequate amounts 
     of international assistance promised by donor states at the 
     Tokyo donors conference and elsewhere have been delivered to 
     Afghanistan, imperiling the rebuilding and development of 
     civil society and infrastructure, and endangering peace and 
     security in that war-torn country.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should use all appropriate diplomatic means 
     to encourage all states that have pledged assistance to 
     Afghanistan to deliver as soon as possible the total amount 
     of assistance pledged.
       (c) Reports.--
       (1) In general.--The Secretary of State shall submit 
     reports to the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on International Relations and the Committee on 
     Appropriations of the House of Representatives, in accordance 
     with this paragraph, on the status of contributions of 
     assistance from donor states to Afghanistan. The first report 
     shall be submitted not later than 60 days after the date of 
     enactment of this Act, the second report shall be submitted 
     90 days thereafter, and subsequent reports shall be submitted 
     every 180 days thereafter through December 31, 2004.
       (2) Further requirements.--Each report, which shall be 
     unclassified and posted upon the Department of State's 
     Internet website, shall include, by donor country, the total 
     amount pledged, the amount delivered within the previous 60 
     days, the total amount of assistance delivered, the type of 
     assistance and type of projects supported by the assistance.
                                 ______
                                 
  SA 4957. Mr. REID (for Mr. Kerry (for himself, Mr. Brownback, and Mr. 
Hollings)) proposed an amendment to the bill S. 2869, to facilitate the 
ability of certain spectrum auction winners to pursue alternative 
measures required in the public interest to meet the needs of wireless 
telecommunications consumers; as follows:

     SECTION 1. RELIEF FROM CONTINUING OBLIGATIONS.

       A winner bidder to which the Commission has not granted an 
     Auction 35 license may irrevocably elect to relinquish any 
     right, title, or interest in that license and the associated 
     license application by formal written notice to the 
     Commission. Such an election may only be made within 30 days 
     after the date of enactment of this Act. A winning bidder 
     that makes such an election shall be free of any obligation 
     the winning bidder would otherwise have with respect to that 
     license, the associated license application, and the 
     associated winning bid, including the obligation to pay 
     the amount of its winning bid that would be otherwise due 
     for such license.

     SEC. 2. RETURN OF DEPOSITS AND DOWNPAYMENTS.

       Within 37 days after receiving an election that meets the 
     requirements of section 3 from an Auction 35 winning bidder 
     that has made the election described in section 1, the 
     Commission shall refund any deposit or down-payment made with 
     respect to a winning bidder for the license that is the 
     subject of the election.

     SEC. 3. COMMISSION TO ISSUE PUBLIC NOTICE.

       (a) Public Notice.--Within 5 days after the date of 
     enactment of this Act, the Commission shall issue a public 
     notice specifying the form and the process for the return of 
     deposits and downpayments under section 2.
       (b) Time for Election.--An election under this section is 
     not valid unless it is made within 30 days after the date of 
     enactment of this Act.

     SEC. 4. WAIVER OF PAPERWORK REDUCTION ACT REQUIREMENTS.

       Section 3507 of title 44, United States Code, shall not 
     apply to the Commission's implementation of this Act.

     SEC. 5. NO INFERENCE WITH RESPECT TO NEXTWAVE CASE.

       It is the sense of the Congress that no inference with 
     respect to any issue of law or fact in Federal Communications 
     Commission v. NextWAVE Personal Communications, Inc., et al. 
     (Supreme Court Docket No. 01-653) should be drawn from the 
     introduction, amendment, defeat, or enactment of this Act.

     SEC. 6. DEFINITIONS.

       In this Act:
       (1) Auction 35.--The term ``Auction 35'' means the C and F 
     block broadband personal communications service spectrum 
     auction of the Commission that began on December 1, 2000, and 
     ended on January 6, 2001, insofar as that auction related to 
     spectrum previously licensed to NextWave Personal 
     Communications, Inc., NextWave Power Partners, Inc., or Urban 
     Comm North Carolina, Inc.
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission or a bureau or division thereof 
     acting on delegated authority.
       (3) Winning Bidder.--The term ``winning bidder'' means any 
     person who is entitled under Commission order FCC 02-99 
     (released March 27, 2002), to a refund of a substantial 
     portion of monies on deposit for spectrum formerly licensed 
     to NextWave and Urban Comm as defined in that order.
                                 ______
                                 
  SA 4958. Mr. REID (for Mr. Kennedy (for himself, Mr. Gregg, Mr. 
Hollings, and Mr. Frist)) proposed an amendment to the bill H.R. 4664, 
An act to authorize appropriations for fiscal years 2003, 2004, 2005, 
2006, and 2007 for the National Science Foundation, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Science Foundation 
     Authorization Act of 2002''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The National Science Foundation has made major 
     contributions for more than 50 years to strengthen and 
     sustain the Nation's academic research enterprise that is the 
     envy of the world.
       (2) The economic strength and national security of the 
     United States and the quality of life of all Americans are 
     grounded in the Nation's scientific and technological 
     capabilities.
       (3) The National Science Foundation carries out important 
     functions in supporting basic research in all science and 
     engineering disciplines and in supporting science, 
     mathematics, engineering, and technology education at all 
     levels.
       (4) The research and education activities of the National 
     Science Foundation promote the discovery, integration, 
     dissemination, and application of new knowledge in service to 
     society and prepare future generations of scientists, 
     mathematicians, and engineers who will be necessary to ensure 
     America's leadership in the global marketplace.
       (5) The National Science Foundation must be provided with 
     sufficient resources to enable it to carry out its 
     responsibilities to develop intellectual capital, strengthen 
     the scientific infrastructure, integrate research and 
     education, enhance the delivery of mathematics and science 
     education in the United States, and improve the technological 
     literacy of all people in the United States.
       (6) The emerging global economic, scientific, and technical 
     environment challenges long-standing assumptions about 
     domestic and international policy, requiring the National 
     Science Foundation to play a more proactive role in 
     sustaining the competitive advantage of the United States 
     through superior research capabilities.
       (7) Commercial application of the results of Federal 
     investment in basic and computing science is consistent with 
     longstanding United States technology transfer policy and is 
     a critical national priority, particularly with regard to 
     cybersecurity and other homeland security applications, 
     because of the urgent needs of commercial, academic, and 
     individual users as well as the Federal and State 
     Governments.

     SEC. 3. POLICY OBJECTIVES.

       In allocating resources made available under section 5, the 
     Foundation shall have the following policy objectives:
       (1) To strengthen the Nation's lead in science and 
     technology by--
       (A) increasing the national investment in general 
     scientific research and increasing investment in strategic 
     areas;

[[Page S11127]]

       (B) balancing the Nation's research portfolio among the 
     life sciences, mathematics, the physical sciences, computer 
     and information science, geoscience, engineering, and social, 
     behavioral, and economic sciences, all of which are important 
     for the continued development of enabling technologies 
     necessary for sustained international competitiveness;
       (C) expanding the pool of scientists and engineers in the 
     United States;
       (D) modernizing the Nation's research infrastructure; and
       (E) establishing and maintaining cooperative international 
     relationships with premier research institutions, with the 
     goal of such relationships being the exchange of personnel, 
     data, and information in an effort to alleviate problems 
     common to the global community.
       (2) To increase overall workforce skills by--
       (A) improving the quality of mathematics and science 
     education, particularly in kindergarten through grade 12;
       (B) promoting access to information technology for all 
     students;
       (C) raising postsecondary enrollment rates in science, 
     mathematics, engineering, and technology disciplines for 
     individuals identified in section 33 or 34 of the Science and 
     Engineering Equal Opportunities Act (42 U.S.C. 1885a or 
     1885b);
       (D) increasing access to higher education in science, 
     mathematics, engineering, and technology fields for students 
     from low-income households; and
       (E) expanding science, mathematics, engineering, and 
     technology training opportunities at institutions of higher 
     education.
       (3) To strengthen innovation by expanding the focus of 
     competitiveness and innovation policy at the regional and 
     local level.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Academic unit.--The term ``academic unit'' means a 
     department, division, institute, school, college, or other 
     subcomponent of an institution of higher education.
       (2) Board.--The term ``Board'' means the National Science 
     Board established under section 2 of the National Science 
     Foundation Act of 1950 (42 U.S.C. 1861).
       (3) Community college.--The term ``community college'' has 
     the meaning given such term in section 3301(3) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7011(3)).
       (4) Director.--The term ``Director'' means the Director of 
     the National Science Foundation established under section 2 
     of the National Science Foundation Act of 1950 (42 U.S.C. 
     1861).
       (5) Elementary school.--The term ``elementary school'' has 
     the meaning given that term by section 9101(18) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(18)).
       (6) Eligible nonprofit organization.--The term ``eligible 
     nonprofit organization'' means a nonprofit research 
     institute, or a nonprofit professional association, with 
     demonstrated experience and effectiveness in mathematics or 
     science education as determined by the Director.
       (7) Foundation.--The term ``Foundation'' means the National 
     Science Foundation established under section 2 of the 
     National Science Foundation Act of 1950 (42 U.S.C. 1861).
       (8) High-need local educational agency.--The term ``high-
     need local educational agency'' means a local educational 
     agency that meets one or more of the following criteria:
       (A) It has at least one school in which 50 percent or more 
     of the enrolled students are eligible for participation in 
     the free and reduced price lunch program established by the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
     et seq.).
       (B) It has at least one school in which--
       (i) more than 34 percent of the academic classroom teachers 
     at the secondary level (across all academic subjects) do not 
     have an undergraduate degree with a major or minor in, or a 
     graduate degree in, the academic field in which they teach 
     the largest percentage of their classes; or
       (ii) more than 34 percent of the teachers in two of the 
     academic departments do not have an undergraduate degree with 
     a major or minor in, or a graduate degree in, the academic 
     field in which they teach the largest percentage of their 
     classes.
       (C) It has at least one school whose teacher attrition rate 
     has been 15 percent or more over the last three school years.
       (9) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (10) Local educational agency.--The term ``local 
     educational agency'' has the meaning given such term by 
     section 9101(26) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(26)).
       (11) Master teacher.--The term ``master teacher'' means a 
     mathematics or science teacher who works to improve the 
     instruction of mathematics or science in kindergarten through 
     grade 12 through--
       (A) participating in the development or revision of 
     science, mathematics, engineering, or technology curricula;
       (B) serving as a mentor to mathematics or science teachers;
       (C) coordinating and assisting teachers in the use of 
     hands-on inquiry materials, equipment, and supplies, and when 
     appropriate, supervising acquisition and repair of such 
     materials;
       (D) providing in-classroom teaching assistance to 
     mathematics or science teachers; and
       (E) providing professional development, including for the 
     purposes of training other master teachers, to mathematics 
     and science teachers.
       (12) National research facility.--The term ``national 
     research facility'' means a research facility funded by the 
     Foundation which is available, subject to appropriate 
     policies allocating access, for use by all scientists and 
     engineers affiliated with research institutions located in 
     the United States.
       (13) Secondary school.--The term ``secondary school'' has 
     the meaning given that term by section 9101(38) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(38)).
       (14) State.--Except with respect to the Experimental 
     Program to Stimulate Competitive Research, the term ``State'' 
     means one of the several States, the District of Columbia, 
     the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, or any other territory or possession of the United 
     States.
       (15) State educational agency.--The term ``State 
     educational agency'' has the meaning given such term by 
     section 9101(41) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(41)).
       (16) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2003.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $5,536,390,000 for fiscal year 2003.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $4,155,690,000 shall be made available to carry out 
     research and related activities, of which $704,000,000 shall 
     be for information technology research described in paragraph 
     (1) of section 8 and $301,000,000 shall be for nanoscale 
     science and engineering described in paragraph (2) of section 
     8;
       (B) $1,006,250,000 shall be made available for education 
     and human resources, of which--
       (i) $200,000,000 shall be for mathematics and science 
     education partnerships described in section 9;
       (ii) $20,000,000 shall be for the Robert Noyce Scholarship 
     Program described in section 10; and
       (iii) $25,000,000 shall be for the science, mathematics, 
     engineering, and technology talent expansion program 
     described in paragraph (7) of section 8;
       (C) $172,050,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $191,200,000 shall be made available for salaries and 
     expenses;
       (E) $3,500,000 shall be made available for the Office of 
     the National Science Board, including salaries and 
     compensation for members of the Board and staff appointed 
     under section 4 of the National Science Foundation Act of 
     1950 (42 U.S.C. 1863), travel and training costs for members 
     of the Board and such staff, general and Board operating 
     expenses, representational expenses for the Board, honorary 
     awards made by the Board, Board reports (other than the 
     report entitled ``Science and Engineering Indicators''), and 
     contracts; and
       (F) $7,700,000 shall be made available for the Office of 
     Inspector General.
       (b) Fiscal Year 2004.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $6,390,832,000 for fiscal year 2004.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $4,799,822,000 shall be made available to carry out 
     research and related activities, of which $774,000,000 shall 
     be for information technology research described in paragraph 
     (1) of section 8 and $350,000,000 shall be for nanoscale 
     science and engineering described in paragraph (2) of section 
     8;
       (B) $1,157,188,000 shall be made available for education 
     and human resources, of which--
       (i) $300,000,000 shall be for mathematics and science 
     education partnerships described in section 9;
       (ii) $20,000,000 shall be for the Robert Noyce Scholarship 
     Program described in section 10; and
       (iii) $30,000,000 shall be for the science, mathematics, 
     engineering, and technology talent expansion program 
     described in paragraph (7) of section 8;
       (C) $211,182,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $210,320,000 shall be made available for salaries and 
     expenses;
       (E) $3,850,000 shall be made available for the Office of 
     the National Science Board for the purposes described in 
     subsection (a)(2)(E); and
       (F) $8,470,000 shall be made available for the Office of 
     Inspector General.
       (c) Fiscal Year 2005.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $7,378,343,000 for fiscal year 2005.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $5,543,794,000 shall be made available to carry out 
     research and related activities;

[[Page S11128]]

       (B) $1,330,766,000 shall be made available to carry out 
     education and human resources, of which--
       (i) $400,000,000 shall be for mathematics and science 
     education partnerships described in section 9;
       (ii) $20,000,000 shall be for the Robert Noyce Scholarship 
     Program described in section 10; and
       (iii) $35,000,000 shall be for the science, mathematics, 
     engineering, and technology talent expansion program 
     described in paragraph (7) of section 8;
       (C) $258,879,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $231,337,000 shall be made available for salaries and 
     expenses;
       (E) $4,250,000 shall be made available for the Office of 
     the National Science Board for the purposes described in 
     subsection (a)(2)(E); and
       (F) $9,317,000 shall be made available for the Office of 
     Inspector General.
       (d) Fiscal Year 2006.--There are authorized to be 
     appropriated to the Foundation $8,519,776,000 for fiscal year 
     2006.
       (e) Fiscal Year 2007.--There are authorized to be 
     appropriated to the Foundation $9,839,262,000 for fiscal year 
     2007.
       (f) Contingent Authorization.--
       (1) In general.--Funds are authorized to be appropriated 
     under subsections (d) and (e), contingent on a determination 
     by Congress that the Foundation has made successful progress 
     toward meeting management goals consisting of--
       (A) strategic management of human capital;
       (B) competitive sourcing;
       (C) improved financial performance;
       (D) expanded electronic government; and
       (E) budget and performance integration.
       (2) Consideration.--In making that determination, Congress 
     shall take into consideration whether or not the Director of 
     the Office of Management and Budget has certified that the 
     Foundation has, overall, made successful progress toward 
     meeting those goals.

     SEC. 6. OBLIGATION OF MAJOR RESEARCH EQUIPMENT AND FACILITIES 
                   CONSTRUCTION FUNDS.

       (a) Fiscal Year 2003.--None of the funds authorized under 
     section 5(a)(2)(C) may be obligated until 30 days after the 
     first report required under section 14(a)(2) is transmitted 
     to the Congress.
       (b) Fiscal Year 2004.--None of the funds authorized under 
     section 5(b)(2)(C) may be obligated until 30 days after the 
     report required by June 15, 2003, under section 14(a)(2) is 
     transmitted to the Congress.
       (c) Fiscal Year 2005.--None of the funds authorized under 
     section 5(c)(2)(C) may be obligated until 30 days after the 
     report required by June 15, 2004, under section 14(a)(2) is 
     transmitted to the Congress.
       (d) Fiscal Year 2006.--None of the funds authorized under 
     section 5(d) may be obligated for major research equipment 
     and facilities construction until 30 days after the report 
     required by June 15, 2005, under section 14(a)(2) is 
     transmitted to the Congress.
       (e) Fiscal Year 2007.--None of the funds authorized under 
     section 5(e) may be obligated for major research equipment 
     and facilities construction until 30 days after the report 
     required by June 15, 2006, under section 14(a)(2) is 
     transmitted to the Congress.

     SEC. 7. ANNUAL PLAN FOR ALLOCATION OF FUNDING.

       Not later than 60 days after the date of enactment of 
     legislation providing for the annual appropriation of funds 
     for the Foundation, the Director shall submit to the 
     Committee on Science and the Committee on Appropriations of 
     the House of Representatives, and to the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Health, Education, Labor, and Pensions, and the Committee on 
     Appropriations of the Senate, a plan for the allocation of 
     funds authorized by this Act for the corresponding fiscal 
     year. The portion of the plan pertaining to Research and 
     Related Activities shall include a description of how the 
     allocation of funding--
       (1) will affect the average size and duration of research 
     grants supported by the Foundation by field of science, 
     mathematics, and engineering;
       (2) will affect trends in research support for major fields 
     and subfields of science, mathematics, and engineering, 
     including for emerging multidisciplinary research areas; and
       (3) is designed to achieve an appropriate balance among 
     major fields and subfields of science, mathematics, and 
     engineering.

     SEC. 8. SPECIFIC PROGRAM AUTHORIZATIONS.

       From amounts authorized to be appropriated under section 5, 
     the Director shall carry out the Foundation's research and 
     education programs, including the following initiatives in 
     accordance with this section:
       (1) Information technology.--An information technology 
     research program to support competitive, merit-reviewed 
     proposals for research, education, and infrastructure support 
     in areas related to cybersecurity, terascale computing 
     systems, software, networking, scalability, communications, 
     data management, and remote sensing and geospatial 
     information technologies.
       (2) Nanoscale science and engineering.--A nanoscale science 
     and engineering research and education program to support 
     competitive, merit-reviewed proposals that emphasize--
       (A) research aimed at discovering novel phenomena, 
     processes, materials, and tools that address grand challenges 
     in materials, electronics, optoelectronics and magnetics, 
     manufacturing, the environment, and health care; and
       (B) supporting new research and interdisciplinary centers 
     and networks of excellence, including shared national user 
     facilities, infrastructure, research, and education 
     activities on the societal implications of advances in 
     nanoscale science and engineering.
       (3) Plant genome research.--(A) A plant genome research 
     program to support competitive, merit-reviewed proposals--
       (i) that advance the understanding of the structure, 
     organization, and function of plant genomes; and
       (ii) that accelerate the use of new knowledge and 
     innovative technologies toward a more complete understanding 
     of basic biological processes in plants, especially in 
     economically important plants such as corn and soybeans.
       (B) Regional plant genome and gene expression research 
     centers to conduct research and dissemination activities that 
     may include--
       (i) basic plant genomics research and genomics 
     applications, including those related to cultivation of crops 
     in extreme environments and to cultivation of crops with 
     reduced reliance on fertilizer, herbicides, and pesticides;
       (ii) basic research that will contribute to the development 
     or use of innovative plant-derived products;
       (iii) basic research on alternative uses for plants and 
     plant materials, including the use of plants as renewable 
     feedstock for alternative energy production and nonpetroleum-
     based industrial chemicals and precursors; and
       (iv) basic research and dissemination of information on the 
     ecological and other consequences of genetically engineered 
     plants.
     Competitive, merit-based awards for centers under this 
     subparagraph shall be to consortia of institutions of higher 
     education or nonprofit organizations. The Director shall, to 
     the extent practicable, ensure that research centers 
     established under this subparagraph collectively examine as 
     many different agricultural environments as possible, enhance 
     the excellence of existing Foundation programs, and focus on 
     plants of economic importance.
       (C) Research partnerships to focus on--
       (i) basic genomic research on crops grown in the developing 
     world;
       (ii) basic plant genome research that will advance and 
     expedite the development of improved cultivars, including 
     those that are pest-resistant, produce increased yield, 
     reduce the need for fertilizers, herbicides, or pesticides, 
     or have increased tolerance to stress;
       (iii) basic research that could lead to the development of 
     technologies to produce pharmaceutical compounds such as 
     vaccines and medications in plants that can be grown in the 
     developing world; and
       (iv) research on the impact of plant biotechnology on the 
     social, political, economic, health, and environmental 
     conditions in countries in the developing world.

     Competitive, merit-based awards for partnerships under this 
     subparagraph shall be to institutions of higher education, 
     nonprofit organizations, or consortia of such entities that 
     enter into a partnership that shall include one or more 
     research institutions in one or more developing nations, and 
     that may also include for-profit companies involved in plant 
     biotechnology. The Director, by means of outreach, shall 
     encourage inclusion of historically Black colleges and 
     universities, Hispanic-serving institutions, tribally 
     controlled colleges and universities, Alaska Native-serving 
     institutions, and Native Hawaiian-serving institutions in 
     consortia that enter into such partnerships.
       (4) Innovation partnerships.--An innovation partnerships 
     program to support competitive, merit-reviewed proposals that 
     seek to stimulate innovation at the regional level through 
     new partnerships involving States, regional governmental 
     entities, local governmental entities, industry, academic 
     institutions, and other related organizations in 
     strategically important fields of science and technology.
       (5) Mathematics and science education partnerships.--The 
     mathematics and science education partnerships program 
     described in section 9.
       (6) Robert noyce scholarship program.--The Robert Noyce 
     Scholarship Program described in section 10.
       (7) Science, mathematics, engineering, and technology 
     talent expansion program.--(A) A program of competitive, 
     merit-based, multi-year grants for eligible applicants to 
     increase the number of students studying toward and 
     completing associate's or bachelor's degrees in science, 
     mathematics, engineering, and technology, particularly in 
     fields that have faced declining enrollment in recent years.
       (B) In selecting projects under this paragraph, the 
     Director shall strive to increase the number of students 
     studying toward and completing baccalaureate degrees, 
     concentrations, or certificates in science, mathematics, 
     engineering, or technology who are individuals identified in 
     section 33 or 34 of the Science and Engineering Equal 
     Opportunities Act (42 U.S.C. 1885a or 1885b).
       (C) The types of projects the Foundation may support under 
     this paragraph include those that promote high quality--
       (i) interdisciplinary teaching;
       (ii) undergraduate-conducted research;

[[Page S11129]]

       (iii) mentor relationships for students;
       (iv) bridge programs that enable students at community 
     colleges to matriculate directly into baccalaureate science, 
     mathematics, engineering, or technology programs;
       (v) internships carried out in partnership with industry; 
     and
       (vi) innovative uses of digital technologies, particularly 
     at institutions of higher education that serve high numbers 
     or percentages of economically disadvantaged students.
       (D)(i) In order to receive a grant under this paragraph, an 
     eligible applicant shall establish targets to increase the 
     number of students studying toward and completing associate's 
     or bachelor's degrees in science, mathematics, engineering, 
     or technology.
       (ii) A grant under this paragraph shall be awarded for a 
     period of 5 years, with the final 2 years of funding 
     contingent on the Director's determination that satisfactory 
     progress has been made by the grantee toward meeting the 
     targets established under clause (i).
       (iii) In the case of community colleges, a student who 
     transfers to a baccalaureate program, or receives a 
     certificate under an established certificate program, in 
     science, mathematics, engineering, or technology shall be 
     counted toward meeting a target established under clause (i).
       (E) For each grant awarded under this paragraph to an 
     institution of higher education, at least 1 principal 
     investigator shall be in a position of administrative 
     leadership at the institution of higher education, and at 
     least 1 principal investigator shall be a faculty member from 
     an academic department included in the work of the project. 
     For each grant awarded to a consortium or partnership, at 
     each institution of higher education participating in the 
     consortium or partnership, at least 1 of the individuals 
     responsible for carrying out activities authorized under this 
     paragraph at that institution shall be in a position of 
     administrative leadership at the institution, and at least 1 
     shall be a faculty member from an academic department 
     included in the work of the project at that institution.
       (F) In this paragraph, the term ``eligible applicant'' 
     means--
       (i) an institution of higher education;
       (ii) a consortium of institutions of higher education; or
       (iii) a partnership between--
       (I) an institution of higher education or a consortium of 
     such institutions; and
       (II) a nonprofit organization, a State or local government, 
     or a private company, with demonstrated experience and 
     effectiveness in science, mathematics, engineering, or 
     technology education.
       (8) Secondary school systemic initiative.--A program of 
     competitive, merit-based grants for State educational 
     agencies or local educational agencies that supports the 
     planning and implementation of agency-wide secondary school 
     reform initiatives designed to promote scientific and 
     technological literacy, meet the mathematics and science 
     education needs of students at risk of not achieving State 
     student academic achievement standards, reduce the need for 
     basic skill training by employers, and heighten college 
     completion rates through activities, such as--
       (A) systemic alignment of secondary school curricula and 
     higher education freshman placement requirements;
       (B) development of materials and curricula that support 
     small, theme-oriented schools and learning communities;
       (C) implementation of enriched mathematics and science 
     curricula for all secondary school students;
       (D) strengthened teacher training in mathematics, science, 
     and reading as it relates to technical and specialized texts;
       (E) laboratory improvement and provision of instrumentation 
     as part of a comprehensive program to enhance the quality of 
     mathematics, science, engineering, and technology 
     instruction; or
       (F) other secondary school systemic initiatives that enable 
     grantees to leverage private sector funding for mathematics, 
     science, engineering, and technology scholarships.

     In awarding grants under this paragraph, the Director shall 
     give priority to agencies that serve high poverty 
     communities.
       (9) Experimental program to stimulate competitive 
     research.--The Experimental Program to Stimulate Competitive 
     Research, established under section 113 of the National 
     Science Foundation Authorization Act of 1988 (42 U.S.C. 
     1862g), that is designed to enhance--
       (A) research in mathematics, science, and engineering 
     throughout the States eligible to participate in the program 
     and the Commonwealth of Puerto Rico;
       (B) research infrastructure in the States eligible to 
     participate in the program and the Commonwealth of Puerto 
     Rico; and
       (C) the geographic distribution of Federal research and 
     development support.
       (10) The science and engineering equal opportunities act.--
     A comprehensive program designed to advance the goals of the 
     Science and Engineering Equal Opportunities Act (42 U.S.C. 
     1885 et seq.), including programs to--
       (A) provide support to minority-serving institutions; and
       (B) ensure that reports required under sections 36 and 37 
     of such Act are submitted to the--
       (i) Committee on Science of the House of Representatives;
       (ii) Committee on Health, Education, Labor, and Pensions of 
     the Senate; and
       (iii) Committee on Commerce, Science, and Transportation of 
     the Senate.
       (11) Astronomical research and instrumentation.--An 
     astronomical research program to support competitive, merit-
     reviewed proposals that--
       (A) will advance understanding of--
       (i) the origins and characteristics of planets, the Sun, 
     other stars, the Milky Way Galaxy, and extragalactic objects 
     (such as clusters of galaxies and quasars); and
       (ii) the structure and origin of the universe; and
       (B) support related activities such as developing advanced 
     technologies and instrumentation, funding undergraduate and 
     graduate students, and satisfying other instrumentation and 
     research needs.

     SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS.

       (a) Program Authorized.--
       (1) In general.--(A) The Director shall carry out a program 
     to award grants to institutions of higher education or 
     eligible nonprofit organizations (or consortia of such 
     institutions or organizations) to establish mathematics and 
     science education partnership programs to improve elementary 
     and secondary mathematics and science instruction.
       (B) Grants shall be awarded under this subsection on a 
     competitive, merit-reviewed basis.
       (2) Partnerships.--(A) In order to be eligible to receive a 
     grant under this subsection, an institution of higher 
     education or eligible nonprofit organization (or consortium 
     of such institutions or organizations) shall enter into a 
     partnership with one or more local educational agencies that 
     may also include a State educational agency or one or more 
     businesses.
       (B) A participating institution of higher education shall 
     include mathematics, science, or engineering departments in 
     the programs carried out through a partnership under this 
     paragraph.
       (3) Uses of funds.--Grants awarded under this subsection 
     shall be used for activities that draw upon the expertise of 
     the partners to improve elementary or secondary education in 
     mathematics or science and that are consistent with State 
     mathematics and science student academic achievement 
     standards, including--
       (A) recruiting and preparing students for careers in 
     elementary or secondary mathematics or science education;
       (B) offering professional development programs, including 
     summer or academic year institutes or workshops, designed to 
     strengthen the capabilities of mathematics and science 
     teachers;
       (C) offering innovative preservice and inservice programs 
     that instruct teachers on using technology more effectively 
     in teaching mathematics and science, including programs that 
     recruit and train undergraduate and graduate students to 
     provide technical support to teachers;
       (D) developing distance learning programs for teachers or 
     students, including developing courses, curricular materials, 
     and other resources for the in-service professional 
     development of teachers that are made available to teachers 
     through the Internet;
       (E) developing a cadre of master teachers who will promote 
     reform and improvement in schools;
       (F) offering teacher preparation and certification programs 
     for professional mathematicians, scientists, and engineers 
     who wish to begin a career in teaching;
       (G) developing tools to evaluate activities conducted under 
     this subsection;
       (H) developing or adapting elementary school and secondary 
     school mathematics and science curricular materials that 
     incorporate contemporary research on the science of learning;
       (I) developing initiatives to increase and sustain the 
     number, quality, and diversity of prekindergarten through 
     grade 12 teachers of mathematics and science, especially in 
     underserved areas;
       (J) using mathematicians, scientists, and engineers 
     employed by private businesses to help recruit and train 
     mathematics and science teachers;
       (K) developing and offering mathematics or science 
     enrichment programs for students, including after-school and 
     summer programs;
       (L) providing research opportunities in business or 
     academia for students and teachers;
       (M) bringing mathematicians, scientists, and engineers from 
     business and academia into elementary school and secondary 
     school classrooms; and
       (N) any other activities the Director determines will 
     accomplish the goals of this subsection.
       (4) Master teachers.--Activities carried out in accordance 
     with paragraph (3)(E) shall--
       (A) emphasize the training of master teachers who will 
     improve the instruction of mathematics or science in 
     kindergarten through grade 12;
       (B) include training in both content and pedagogy; and
       (C) provide training only to teachers who will be granted 
     sufficient nonclassroom time to serve as master teachers, as 
     demonstrated by assurances their employing school has

[[Page S11130]]

     provided to the Director, in such time and such manner as the 
     Director may require.
       (5) Science enrichment programs for girls.--Activities 
     carried out in accordance with paragraph (3)(K) and (L) shall 
     include elementary school and secondary school programs to 
     encourage the ongoing interest of girls in science, 
     mathematics, engineering, and technology and to prepare girls 
     to pursue undergraduate and graduate degrees and careers in 
     science, mathematics, engineering, or technology. Funds made 
     available through awards to partnerships for the purposes of 
     this paragraph may support programs for--
       (A) encouraging girls to pursue studies in science, 
     mathematics, engineering, and technology and to major in such 
     fields in postsecondary education;
       (B) tutoring girls in science, mathematics, engineering, 
     and technology;
       (C) providing mentors for girls in person and through the 
     Internet to support such girls in pursuing studies in 
     science, mathematics, engineering, and technology;
       (D) educating the parents of girls about the difficulties 
     faced by girls to maintain an interest and desire to achieve 
     in science, mathematics, engineering, and technology, and 
     enlisting the help of parents in overcoming these 
     difficulties; and
       (E) acquainting girls with careers in science, mathematics, 
     engineering, and technology and encouraging girls to plan for 
     careers in such fields.
       (6) Research in secondary schools.--Activities carried out 
     in accordance with paragraph (3)(K) may include support for 
     research projects performed by students at secondary schools. 
     Uses of funds made available through awards to partnerships 
     for purposes of this paragraph may include--
       (A) training secondary school mathematics and science 
     teachers in the design of research projects for students;
       (B) establishing a system for students and teachers 
     involved in research projects funded under this subsection to 
     exchange information about their projects and research 
     results; and
       (C) assessing the educational value of the student research 
     projects by such means as tracking the academic performance 
     and choice of academic majors of students conducting 
     research.
       (7) Stipends.--Grants awarded under this subsection may be 
     used to provide stipends for teachers or students 
     participating in training or research activities that would 
     not be part of their typical classroom activities.
       (b) Selection Process.--
       (1) Application.--An institution of higher education or an 
     eligible nonprofit organization (or a consortium of such 
     institutions or organizations) seeking funding under 
     subsection (a) shall submit an application to the Director at 
     such time, in such manner, and containing such information as 
     the Director may require. The application shall include, at a 
     minimum--
       (A) a description of the partnership and the role that each 
     member will play in implementing the proposal;
       (B) a description of each of the activities to be carried 
     out, including--
       (i) how such activities will be aligned with State 
     mathematics and science student academic achievement 
     standards and with other activities that promote student 
     achievement in mathematics and science;
       (ii) how such activities will be based on a review of 
     relevant research;
       (iii) why such activities are expected to improve student 
     performance and strengthen the quality of mathematics and 
     science instruction; and
       (iv) any activities that will encourage the interest of 
     individuals identified in section 33 or 34 of the Science and 
     Engineering Equal Opportunities Act (42 U.S.C. 1885a or 
     1885b) in mathematics, science, engineering, and technology 
     and will help prepare such individuals to pursue 
     postsecondary studies in these fields;
       (C) a description of the number, size, and nature of any 
     stipends that will be provided to students or teachers and 
     the reasons such stipends are needed;
       (D) a description of how the partnership will serve as a 
     catalyst for reform of mathematics and science education 
     programs;
       (E) a description of how the partnership will assess its 
     success;
       (F) a description of how the partnership will collaborate 
     with the State educational agency to ensure that successful 
     partnership activities may be replicated throughout the 
     State; and
       (G) a description of the manner in which the partnership 
     will be continued after assistance under this section ends.
       (2) Review of applications.--In evaluating the applications 
     submitted under paragraph (1), the Director shall consider, 
     at a minimum--
       (A) the ability of the partnership to carry out effectively 
     the proposed programs;
       (B) the extent to which the members of the partnership are 
     committed to making the partnership a central organizational 
     focus;
       (C) the degree to which activities carried out by the 
     partnership are based on relevant research and are likely to 
     result in increased student achievement;
       (D) the degree to which such activities are aligned with 
     State mathematics and science student academic achievement 
     standards;
       (E) the likelihood that the partnership will demonstrate 
     activities that can be widely implemented as part of larger 
     scale reform efforts; and
       (F) the extent to which the activities will encourage the 
     interest of individuals identified in section 33 or 34 of the 
     Science and Engineering Equal Opportunities Act (42 U.S.C. 
     1885a or 1885b) in mathematics, science, engineering, and 
     technology and will help prepare such individuals to pursue 
     postsecondary studies in these fields.
       (3) Awards.--In awarding grants under this section, the 
     Director shall--
       (A) give priority to applications in which the partnership 
     includes a high-need local educational agency or a high-need 
     local educational agency in which at least one school does 
     not make adequate yearly progress, as determined pursuant to 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311 et seq.); and
       (B) ensure that, to the extent practicable, a substantial 
     number of the partnerships funded under this section include 
     businesses.
       (c) Accountability and Dissemination.--
       (1) Assessment required.--The Director shall evaluate the 
     program established under subsection (a). At a minimum, such 
     evaluation shall--
       (A) use a common set of benchmarks and assessment tools to 
     identify best practices and materials developed and 
     demonstrated by the partnerships; and
       (B) to the extent practicable, compare the effectiveness of 
     practices and materials developed and demonstrated by the 
     partnerships authorized under this section with those of 
     partnerships funded by other State or Federal agencies.
       (2) Dissemination of results.--(A) The results of the 
     evaluation required under paragraph (1) shall be made 
     available to the public and shall be provided to the 
     Committee on Science of the House of Representatives, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Health, Education, Labor, and 
     Pensions of the Senate.
       (B) Materials developed under the program established under 
     subsection (a) that are demonstrated to be effective shall be 
     made widely available to the public.
       (3) Annual meeting.--The Director, in consultation with the 
     Secretary of Education, shall convene an annual meeting of 
     the partnerships participating under this section to foster 
     greater national collaboration.
       (4) Report on coordination.--The Director, in consultation 
     with the Secretary of Education, shall provide an annual 
     report to the Committee on Science of the House of 
     Representatives, the Committee on Education and the Workforce 
     of the House of Representatives, the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Health, Education, Labor, and Pensions of the Senate 
     describing how the program authorized under this section has 
     been and will be coordinated with the program authorized 
     under part B of title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.). The report 
     under this paragraph shall be submitted along with the 
     President's annual budget request.
       (5) Technical assistance.--At the request of an eligible 
     partnership or a State educational agency, the Director shall 
     provide the partnership or agency with technical assistance 
     in meeting any requirements of this section, including 
     providing advice from experts on how to develop--
       (A) a quality application for a grant; and
       (B) quality activities from funds received from a grant 
     under this section.

     SEC. 10. ROBERT NOYCE SCHOLARSHIP PROGRAM.

       (a) Scholarship Program.--
       (1) In general.--The Director shall carry out a program to 
     award grants to institutions of higher education (or 
     consortia of such institutions) to provide scholarships, 
     stipends, and programming designed to recruit and train 
     mathematics and science teachers. Such program shall be known 
     as the ``Robert Noyce Scholarship Program''.
       (2) Merit review.--Grants shall be provided under this 
     subsection on a competitive, merit-reviewed basis.
       (3) Use of grants.--Grants provided under this section 
     shall be used by institutions of higher education or 
     consortia--
       (A) to develop and implement a program to encourage top 
     college juniors and seniors majoring in mathematics, science, 
     and engineering at the grantee's institution to become 
     mathematics and science teachers, through--
       (i) administering scholarships in accordance with 
     subsection (c);
       (ii) offering programs to help scholarship recipients to 
     teach in elementary schools and secondary schools, including 
     programs that will result in teacher certification or 
     licensing; and
       (iii) offering programs to scholarship recipients, both 
     before and after they receive their baccalaureate degree, to 
     enable the recipients to become better mathematics and 
     science teachers, to fulfill the service requirements of this 
     section, and to exchange ideas with others in their fields; 
     or
       (B) to develop and implement a program to encourage 
     science, mathematics, or engineering professionals to become 
     mathematics and science teachers, through--
       (i) administering stipends in accordance with subsection 
     (d);
       (ii) offering programs to help stipend recipients obtain 
     teacher certification or licensing; and
       (iii) offering programs to stipend recipients, both during 
     and after matriculation in

[[Page S11131]]

     the program for which the stipend is received, to enable 
     recipients to become better mathematics and science teachers, 
     to fulfill the service requirements of this section, and to 
     exchange ideas with others in their fields.
       (b) Selection Process.--
       (1) Application.--An institution of higher education or 
     consortium seeking funding under this section shall submit an 
     application to the Director at such time, in such manner, and 
     containing such information as the Director may require. The 
     application shall include, at a minimum--
       (A) a description of the scholarship or stipend program 
     that the applicant intends to operate, including the number 
     of scholarships or the size and number of stipends the 
     applicant intends to award, and the selection process that 
     will be used in awarding the scholarships or stipends;
       (B) evidence that the applicant has the capability to 
     administer the scholarship or stipend program in accordance 
     with the provisions of this section; and
       (C) a description of the programming that will be offered 
     to scholarship or stipend recipients during and after their 
     matriculation in the program for which the scholarship or 
     stipend is received.
       (2) Review of applications.--In evaluating the applications 
     submitted under paragraph (1), the Director shall consider, 
     at a minimum--
       (A) the ability of the applicant to effectively carry out 
     the program;
       (B) the extent to which the applicant is committed to 
     making the program a central organizational focus;
       (C) the degree to which the proposed programming will 
     enable scholarship or stipend recipients to become successful 
     mathematics and science teachers;
       (D) the number and quality of the students that will be 
     served by the program; and
       (E) the ability of the applicant to recruit students who 
     would otherwise not pursue a career in teaching.
       (c) Scholarship Requirements.--
       (1) In general.--Scholarships under this section shall be 
     available only to students who are--
       (A) majoring in science, mathematics, or engineering; and
       (B) in the last 2 years of a baccalaureate degree program.
       (2) Selection.--Individuals shall be selected to receive 
     scholarships primarily on the basis of academic merit, with 
     consideration given to financial need and to the goal of 
     promoting the participation of individuals identified in 
     section 33 or 34 of the Science and Engineering Equal 
     Opportunities Act (42 U.S.C. 1885a or 1885b).
       (3) Amount.--The Director shall establish for each year the 
     amount to be awarded for scholarships under this section for 
     that year, which shall be not less than $7,500 per year, 
     except that no individual shall receive for any year more 
     than the cost of attendance at that individual's institution. 
     Individuals may receive a maximum of 2 years of scholarship 
     support.
       (4) Service obligation.--If an individual receives a 
     scholarship, that individual shall be required to complete, 
     within 6 years after graduation from the baccalaureate degree 
     program for which the scholarship was awarded, 2 years of 
     service as a mathematics or science teacher for each year a 
     scholarship was received. Service required under this 
     paragraph shall be performed in a high-need local educational 
     agency.
       (d) Stipends.--
       (1) In general.--Stipends under this section shall be 
     available only to mathematics, science, and engineering 
     professionals who, while receiving the stipend, are enrolled 
     in a program to receive certification or licensing to teach.
       (2) Selection.--Individuals shall be selected to receive 
     stipends under this section primarily on the basis of 
     academic merit, with consideration given to financial need 
     and to the goal of promoting the participation of individuals 
     identified in section 33 or 34 of the Science and Engineering 
     Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
       (3) Duration.--Individuals may receive a maximum of 1 year 
     of stipend support.
       (4) Service obligation.--If an individual receives a 
     stipend under this section, that individual shall be required 
     to complete, within 6 years after graduation from the program 
     for which the stipend was awarded, 2 years of service as a 
     mathematics or science teacher for each year a stipend was 
     received. Service required under this paragraph shall be 
     performed in a high-need local educational agency.
       (e) Conditions of Support.--As a condition of acceptance of 
     a scholarship or stipend under this section, a recipient 
     shall enter into an agreement with the institution of higher 
     education--
       (1) accepting the terms of the scholarship or stipend 
     pursuant to subsections (c) and (g), or subsection (d);
       (2) agreeing to provide the awarding institution of higher 
     education with annual certification of employment and up-to-
     date contact information and to participate in surveys 
     provided by the institution of higher education as part of an 
     ongoing assessment program; and
       (3) establishing that any scholarship recipient shall be 
     liable to the United States for any amount that is required 
     to be repaid in accordance with the provisions of subsection 
     (g).
       (f) Collection for Noncompliance.--
       (1) Monitoring compliance.--An institution of higher 
     education (or consortium thereof) receiving a grant under 
     this section shall, as a condition of participating in the 
     program, enter into an agreement with the Director to monitor 
     the compliance of scholarship and stipend recipients with 
     their respective service requirements.
       (2) Collection of repayment.--(A) In the event that a 
     scholarship recipient is required to repay the scholarship 
     under subsection (g), the institution shall be responsible 
     for collecting the repayment amounts.
       (B) Except as provided in subparagraph (C), any such 
     repayment shall be returned to the Treasury of the United 
     States.
       (C) A grantee may retain a percentage of any repayment it 
     collects to defray administrative costs associated with the 
     collection. The Director shall establish a single, fixed 
     percentage that will apply to all grantees.
       (g) Failure to Complete Service Obligation.--
       (1) General rule.--If an individual who has received a 
     scholarship under this section--
       (A) fails to maintain an acceptable level of academic 
     standing in the educational institution in which the 
     individual is enrolled, as determined by the Director;
       (B) is dismissed from such educational institution for 
     disciplinary reasons;
       (C) withdraws from the baccalaureate degree program for 
     which the award was made before the completion of such 
     program;
       (D) declares that the individual does not intend to fulfill 
     the service obligation under this section; or
       (E) fails to fulfill the service obligation of the 
     individual under this section,
     such individual shall be liable to the United States as 
     provided in paragraph (2).
       (2) Amount of repayment.--(A) If a circumstance described 
     in paragraph (1) occurs before the completion of one year of 
     a service obligation under this section, the United States 
     shall be entitled to recover from the individual, within one 
     year after the date of the occurrence of such circumstance, 
     an amount equal to--
       (i) the total amount of awards received by such individual 
     under this section; plus
       (ii) the interest on the amounts of such awards which would 
     be payable if at the time the awards were received they were 
     loans bearing interest at the maximum legal prevailing rate, 
     as determined by the Treasurer of the United States,

     multiplied by 2.
       (B) If a circumstance described in paragraph (1)(D) or (E) 
     occurs after the completion of one year of a service 
     obligation under this section, the United States shall be 
     entitled to recover from the individual, within one year 
     after the date of the occurrence of such circumstance, an 
     amount equal to the total amount of awards received by such 
     individual under this section minus \1/2\ of the amount of 
     the award received per year for each full year of service 
     completed, plus the interest on such amounts which would be 
     payable if at the time the amounts were received they were 
     loans bearing interest at the maximum legal prevailing rate, 
     as determined by the Treasurer of the United States.
       (3) Exceptions.--The Director may provide for the partial 
     or total waiver or suspension of any service or payment 
     obligation by an individual under this section whenever 
     compliance by the individual with the obligation is 
     impossible or would involve extreme hardship to the 
     individual, or if enforcement of such obligation with respect 
     to the individual would be unconscionable.
       (h) Data Collection.--Institutions or consortia receiving 
     grants under this section shall supply to the Director any 
     relevant statistical and demographic data on scholarship 
     recipients and stipend recipients the Director may request, 
     including information on employment required by subsection 
     (e).
       (i) Definitions.--In this section--
       (1) the term ``cost of attendance'' has the meaning given 
     such term in section 472 of the Higher Education Act of 1965 
     (20 U.S.C. 1087ll);
       (2) the term ``mathematics and science teacher'' means a 
     mathematics, science, or technology teacher at the elementary 
     school or secondary school level;
       (3) the term ``mathematics, science, or engineering 
     professional'' means a person who holds a baccalaureate, 
     masters, or doctoral degree in science, mathematics, or 
     engineering and is working in that field or a related area;
       (4) the term ``scholarship'' means an award under 
     subsection (c); and
       (5) the term ``stipend'' means an award under subsection 
     (d).

     SEC. 11. ESTABLISHMENT OF CENTERS FOR RESEARCH ON MATHEMATICS 
                   AND SCIENCE LEARNING AND EDUCATION IMPROVEMENT.

       (a) Establishment.--
       (1) In general.--(A) The Director shall award grants to 
     institutions of higher education (or consortia thereof) to 
     establish multidisciplinary Centers for Research on Learning 
     and Education Improvement.
       (B) Grants shall be awarded under this paragraph on a 
     competitive, merit-reviewed basis.
       (2) Purpose.--The purpose of the Centers shall be to 
     conduct and evaluate research in cognitive science, 
     education, and related fields and to develop ways in which 
     the results of such research can be applied in elementary 
     school and secondary school classrooms to improve the 
     teaching of mathematics and science.

[[Page S11132]]

       (3) Focus.--(A) Each Center shall be focused on a different 
     challenge faced by elementary school or secondary school 
     teachers of mathematics and science. In determining the 
     research focus of the Centers, the Director shall consult 
     with the National Academy of Sciences and the Secretary of 
     Education and take into account the extent to which other 
     Federal programs support research on similar questions.
       (B) The proposal solicitation issued by the Director shall 
     state the focus of each Center and applicants shall apply for 
     designation as a specific Center.
       (C) At least one Center shall focus on developing ways in 
     which the results of research described in paragraph (2) can 
     be applied, duplicated, and scaled up for use in low-
     performing elementary schools and secondary schools to 
     improve the teaching and student achievement levels in 
     mathematics and science.
       (D) To the extent practicable and relevant to its focus, 
     every Center shall include, as part of its research, work 
     designed to quantitatively assess and improve the ways that 
     information technology is used in the teaching of mathematics 
     and science.
       (b) Selection Process.--
       (1) Application.--An institution of higher education (or a 
     consortium of such institutions) seeking funding under this 
     section shall submit an application to the Director at such 
     time, in such manner, and containing such information as the 
     Director may require. The application shall include, at a 
     minimum, a description of--
       (A) the initial research projects that will be undertaken 
     by the Center and the process by which new projects will be 
     identified;
       (B) how the Center will work with other research 
     institutions and schools to broaden the national research 
     agenda on learning and teaching;
       (C) how the Center will promote active collaboration among 
     physical, biological, and social science researchers;
       (D) how the Center will promote active participation by 
     elementary and secondary mathematics and science teachers and 
     administrators; and
       (E) how the results of the Center's research can be 
     incorporated into educational practices, and how the Center 
     will assess the success of those practices.
       (2) Review of applications.--In evaluating the applications 
     submitted under paragraph (1), the Director shall consider, 
     at a minimum--
       (A) the ability of the applicant to effectively carry out 
     the research program, including the activities described in 
     paragraph (1)(E);
       (B) the experience of the applicant in conducting research 
     on the science of teaching and learning and the capacity of 
     the applicant to foster new multidisciplinary collaborations;
       (C) the capacity of the applicant to attract elementary 
     school and secondary school teachers from a diverse array of 
     schools, and with diverse professional experiences, for 
     participation in Center activities; and
       (D) the capacity of the applicant to attract and provide 
     adequate support for graduate students to pursue research at 
     the intersection of educational practice and basic research 
     on human cognition and learning.
       (3) Awards.--The Director shall ensure, to the extent 
     practicable, that the Centers funded under this section 
     conduct research and develop educational practices designed 
     to improve the educational performance of a broad range of 
     students, including individuals identified in section 33 or 
     34 of the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a or 1885b).
       (c) Annual Conference.--The Director shall convene an 
     annual meeting of the Centers to foster collaboration among 
     the Centers and to further disseminate the results of the 
     Centers' activities.
       (d) Coordination.--The Director shall coordinate with the 
     Secretary of Education in--
       (1) disseminating the results of the research conducted 
     pursuant to grants awarded under this section to elementary 
     school teachers and secondary school teachers; and
       (2) providing programming, guidance, and support to ensure 
     that such teachers--
       (A) understand the implications of the research 
     disseminated under paragraph (1) for classroom practice; and
       (B) can use the research to improve such teachers' 
     performance in the classroom.

     SEC. 12. DUPLICATION OF PROGRAMS.

       (a) In General.--The Director shall review the education 
     programs of the Foundation that are in operation as of the 
     date of enactment of this Act to determine whether any of 
     such programs duplicate the programs authorized under this 
     Act.
       (b) Implementation.--As programs authorized under this Act 
     are implemented, the Director shall--
       (1) terminate any duplicative program being carried out by 
     the Foundation or merge the duplicative program into a 
     program authorized under this Act; and
       (2) not establish any new program that duplicates a program 
     that has been implemented pursuant to this Act.
       (c) Report.--
       (1) Review.--The Director of the Office of Science and 
     Technology Policy shall review the education programs of the 
     Foundation to ensure compliance with the provisions of this 
     section.
       (2) Submission.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter as part of the 
     annual Office of Science and Technology Policy's budget 
     submission to Congress, the Director of the Office of Science 
     and Technology Policy shall complete a report on the review 
     carried out under this subsection and shall submit the report 
     to the Committee on Science and the Committee on 
     Appropriations of the House of Representatives, and to the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Appropriations of the Senate.

     SEC. 13. MAJOR RESEARCH INSTRUMENTATION.

       (a) Review and Assessment.--The Director shall conduct a 
     review and assessment of the major research instrumentation 
     program and, not later than 1 year after the date of 
     enactment of this Act, submit a report of findings and 
     recommendations to the Committee on Science of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate. The report 
     shall include--
       (1) estimates of the needs, by major field of science and 
     engineering and by types of institutions of higher education, 
     for the types of research instrumentation that are eligible 
     for acquisition under the guidelines of the major research 
     instrumentation program;
       (2) a description of the distribution of awards and funding 
     levels by year, by major field of science and engineering, 
     and by type of institution of higher education for the 
     program, since the inception of the major research 
     instrumentation program; and
       (3) an analysis of the impact of the major research 
     instrumentation program on the research instrumentation needs 
     that were documented in the Foundation's 1994 survey of 
     academic research instrumentation needs.
       (b) National Academy of Sciences Assessment on 
     Interdisciplinary Research and Advanced Instrumentation 
     Centers.--
       (1) Assessment.--Not later than 3 months after the date of 
     enactment of this Act, the Director shall enter into an 
     arrangement with the National Academy of Sciences to assess 
     the need for an interagency program to establish and support 
     fully equipped, state-of-the-art university-based centers for 
     interdisciplinary research and advanced instrumentation 
     development.
       (2) Transmittal to congress.--Not later than 15 months 
     after the date of the enactment of this Act, the Director 
     shall transmit to the Committee on Science of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate the assessment 
     conducted by the National Academy of Sciences together with 
     the Foundation's reaction to the assessment authorized under 
     paragraph (1).

     SEC. 14. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION 
                   PLAN.

       (a) Prioritization of Proposed Major Research Equipment and 
     Facilities Construction.--
       (1) Development of priorities.--(A) The Director shall--
       (i) develop a list indicating by number the relative 
     priority for funding under the major research equipment and 
     facilities construction account that the Director assigns to 
     each project the Board has approved for inclusion in a future 
     budget request; and
       (ii) submit the list described in clause (i) to the Board 
     for approval.
       (B) The Director shall update the list prepared under 
     subparagraph (A) each time the Board approves a new project 
     that would receive funding under the major research equipment 
     and facilities construction account, as necessary to prepare 
     reports under paragraph (2), and, from time to time, submit 
     any updated list to the Board for approval.
       (2) Annual report.--Not later than 90 days after the date 
     of enactment of this Act, and not later than each June 15 
     thereafter, the Director shall transmit to the Committee on 
     Science of the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate a report containing--
       (A) the most recent Board-approved priority list developed 
     under paragraph (1)(A);
       (B) a description of the criteria used to develop such 
     list; and
       (C) a description of the major factors for each project 
     that determined the ranking of such project on the list, 
     based on the application of the criteria described pursuant 
     to subparagraph (B).
       (3) Criteria.--The criteria described pursuant to paragraph 
     (2)(B) shall include, at a minimum--
       (A) scientific merit;
       (B) broad societal need and probable impact;
       (C) consideration of the results of formal prioritization 
     efforts by the scientific community;
       (D) readiness of plans for construction and operation;
       (E) the applicant's management and administrative capacity 
     of large research facilities;
       (F) international and interagency commitments; and
       (G) the order in which projects were approved by the Board 
     for inclusion in a future budget request.
       (b) Facilities Plan.--
       (1) In general.--Section 201(a)(1) of the National Science 
     Foundation Authorization

[[Page S11133]]

     Act of 1998 (42 U.S.C. 1862l(a)(1)) is amended to read as 
     follows:
       ``(1) In general.--The Director shall prepare, and include 
     as part of the Foundation's annual budget request to 
     Congress, a plan for the proposed construction of, and repair 
     and upgrades to, national research facilities, including full 
     life-cycle cost information.''.
       (2) Contents of plan.--Section 201(a)(2) of the National 
     Science Foundation Authorization Act of 1998 (42 U.S.C. 
     1862l(a)(2)) is amended--
       (A) in subparagraph (A), by striking ``(1);'' and inserting 
     ``(1), including costs for instrumentation development;'';
       (B) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (C) in subparagraph (C), by striking ``construction.'' and 
     inserting ``construction;''; and
       (D) by adding at the end the following:
       ``(D) for each project funded under the major research 
     equipment and facilities construction account--
       ``(i) estimates of the total project cost (from planning to 
     commissioning); and
       ``(ii) the source of funds, including Federal funding 
     identified by appropriations category and non-Federal 
     funding;
       ``(E) estimates of the full life-cycle cost of each 
     national research facility;
       ``(F) information on any plans to retire national research 
     facilities; and
       ``(G) estimates of funding levels for grants supporting 
     research that will be conducted using each national research 
     facility.''.
       (3) Definition.--Section 2 of the National Science 
     Foundation Authorization Act of 1998 (42 U.S.C. 1862k note) 
     is amended--
       (A) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) Full life-cycle cost.--The term `full life-cycle 
     cost' means all costs of planning, development, procurement, 
     construction, operations and support, and shut-down costs, 
     without regard to funding source and without regard to what 
     entity manages the project or facility involved.''.
       (c) Project Management.--No national research facility 
     project funded under the major research equipment and 
     facilities construction account shall be managed by an 
     individual whose appointment to the Foundation is temporary.
       (d) Board Approval of Major Research Equipment and 
     Facilities Projects.--
       (1) In general.--The Board shall explicitly approve any 
     project to be funded out of the major research equipment and 
     facilities construction account before any funds may be 
     obligated from such account for such project.
       (2) Report.--Not later than September 15 of each fiscal 
     year, the Board shall report to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Health, Education, Labor, and Pensions of the Senate, and the 
     Committee on Science of the House of Representatives on the 
     conditions of any delegation of authority under section 4 of 
     the National Science Foundation Act of 1950 (42 U.S.C. 1863) 
     that relates to funds appropriated for any project in the 
     major research equipment and facilities construction account.
       (e) National Academy of Sciences Study on Major Research 
     Equipment and Facilities Construction.--
       (1) Study.--Not later than 3 months after the date of 
     enactment of this Act, the Director shall enter into an 
     arrangement with the National Academy of Sciences to perform 
     a study on setting priorities for a diverse array of 
     disciplinary and interdisciplinary Foundation-sponsored large 
     research facility projects.
       (2) Transmittal to congress.--Not later than 15 months 
     after the date of the enactment of this Act, the Director 
     shall transmit to the Committee on Science and the Committee 
     on Appropriations of the House of Representatives, and to the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Appropriations of the Senate, the study 
     conducted by the National Academy of Sciences together with 
     the Foundation's reaction to the study authorized under 
     paragraph (1).

     SEC. 15. ADMINISTRATIVE AMENDMENTS.

       (a) Board Meetings.--
       (1) In general.--Section 4(e) of the National Science 
     Foundation Act of 1950 (42 U.S.C. 1863(e)) is amended by 
     striking the second and third sentences and inserting ``The 
     Board shall adopt procedures governing the conduct of its 
     meetings, including delivery of notice and a definition of a 
     quorum, which in no case shall be less than one-half plus one 
     of the confirmed members of the Board.''.
       (2) Open meetings.--The Board and all of its committees, 
     subcommittees, and task forces (and any other entity 
     consisting of members of the Board and reporting to the 
     Board) shall be subject to section 552b of title 5, United 
     States Code.
       (3) Compliance audit.--The Inspector General of the 
     Foundation shall conduct an annual audit of the compliance by 
     the Board with the requirements described in paragraph (2). 
     The audit shall examine the proposed and actual content of 
     closed meetings and determine whether the closure of the 
     meetings was consistent with section 552b of title 5, United 
     States Code.
       (4) Report.--Not later than February 15 of each year, the 
     Inspector General of the Foundation shall transmit to the 
     Committee on Science of the House of Representatives, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Health, Education, Labor, and 
     Pensions of the Senate the audit required under paragraph (3) 
     along with recommendations for corrective actions that need 
     to be taken to achieve fuller compliance with the 
     requirements described in paragraph (2), and recommendations 
     on how to ensure public access to the Board's deliberations.
       (b) Confidentiality of Certain Information.--Section 14(i) 
     of the National Science Foundation Act of 1950 (42 U.S.C. 
     1873(i)) is amended to read as follows:
       ``(i)(1)(A) Information supplied to the Foundation or a 
     contractor of the Foundation in survey forms, questionnaires, 
     or similar instruments for purposes of section 3(a)(5) or (6) 
     by an individual, an industrial or commercial organization, 
     or an educational, academic, or other nonprofit institution 
     when the institution has received a pledge of confidentiality 
     from the Foundation, shall not be disclosed to the public 
     unless the information has been transformed into statistical 
     or abstract formats that do not allow for the identification 
     of the supplier.
       ``(B) Information that has not been transformed into 
     formats described in subparagraph (A) may be used only for 
     statistical or research purposes.
       ``(C) The identities of individuals, organizations, and 
     institutions supplying information described in subparagraph 
     (A) may not be disclosed to the public.
       ``(2) In support of functions authorized by section 3(a)(5) 
     or (6), the Foundation may designate, at its discretion, 
     authorized persons, including employees of Federal, State, or 
     local agencies or instrumentalities (including local 
     educational agencies) and employees of private organizations, 
     to have access, for statistical or research purposes only, to 
     information collected pursuant to section 3(a)(5) or (6) that 
     allows for the identification of the supplier. No such person 
     may--
       ``(A) publish information collected pursuant to section 
     3(a)(5) or (6) in such a manner that either an individual, an 
     industrial or commercial organization, or an educational, 
     academic, or other nonprofit institution that has received a 
     pledge of confidentiality from the Foundation can be 
     specifically identified;
       ``(B) permit anyone other than individuals authorized by 
     the Foundation to examine data that allows for such 
     identification relating to an individual, an industrial or 
     commercial organization, or an academic, educational, or 
     other nonprofit institution that has received a pledge of 
     confidentiality from the Foundation; or
       ``(C) knowingly and willfully request or obtain any 
     nondisclosable information described in paragraph (1) from 
     the Foundation under false pretenses.
       ``(3) Violation of this subsection is punishable by a fine 
     of not more than $10,000, imprisonment for not more than 5 
     years, or both.''.
       (c) Appointment.--Section 4(g) of the National Science 
     Foundation Act of 1950 (42 U.S.C. 1863(g)) is amended by 
     striking the second sentence and inserting ``Such staff shall 
     be appointed by the Chairman and assigned at the direction of 
     the Board.''.
       (d) Scholarship Eligibility.--The Director shall not 
     exclude part-time students from eligibility for scholarships 
     under the Computer Science, Engineering, and Mathematics 
     Scholarship program.

     SEC. 16. SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT 
                   AMENDMENTS.

       Section 32 of the Science and Engineering Equal 
     Opportunities Act (42 U.S.C. 1885) is amended--
       (1) in subsection (a), by striking ``backgrounds.'' and 
     inserting ``backgrounds, including persons with 
     disabilities.''; and
       (2) in subsection (b)--
       (A) by inserting ``, including persons with disabilities,'' 
     after ``backgrounds''; and
       (B) by striking ``and minorities'' each place the term 
     appears and inserting ``, minorities, and persons with 
     disabilities''.

     SEC. 17. UNDERGRADUATE EDUCATION REFORM.

       (a) In General.--The Director shall award grants, on a 
     competitive, merit-reviewed basis, to institutions of higher 
     education to expand previously implemented reforms of 
     undergraduate science, mathematics, engineering, or 
     technology education that have been demonstrated to have been 
     successful in increasing the number and quality of students 
     studying toward and completing associate's or baccalaureate 
     degrees in science, mathematics, engineering, or technology.
       (b) Uses of Funds.--Activities supported by grants under 
     this section may include--
       (1) expansion of successful reform efforts beyond a single 
     course or group of courses to achieve reform within an entire 
     academic unit;
       (2) expansion of successful reform efforts beyond a single 
     academic unit to other science, mathematics, engineering, or 
     technology academic units within an institution;
       (3) creation of multidisciplinary courses or programs that 
     formalize collaborations for the purpose of improved student 
     instruction and research in science, mathematics, 
     engineering, and technology;
       (4) expansion of undergraduate research opportunities 
     beyond a particular laboratory, course, or academic unit to 
     engage multiple academic units in providing multidisciplinary 
     research opportunities for undergraduate students;

[[Page S11134]]

       (5) expansion of innovative tutoring or mentoring programs 
     proven to enhance student recruitment or persistence to 
     degree completion in science, mathematics, engineering, or 
     technology;
       (6) improvement of undergraduate science, mathematics, 
     engineering, and technology education for nonmajors, 
     including education majors; and
       (7) implementation of technology-driven reform efforts, 
     including the installation of technology to facilitate such 
     reform, that directly impact undergraduate science, 
     mathematics, engineering, or technology instruction or 
     research experiences.
       (c) Selection Process.--
       (1) Applications.--An institution of higher education 
     seeking a grant under this section shall submit an 
     application to the Director at such time, in such manner, and 
     containing such information as the Director may require. The 
     application shall include, at a minimum--
       (A) a description of the proposed reform effort;
       (B) a description of the previously implemented reform 
     effort that will serve as the basis for the proposed reform 
     effort and evidence of success of that previous effort, 
     including data on student recruitment, persistence to degree 
     completion, and academic achievement;
       (C) evidence of active participation in the proposed 
     project by individuals who were central to the success of the 
     previously implemented reform effort; and
       (D) evidence of institutional support for, and commitment 
     to, the proposed reform effort, including a description of 
     existing or planned institutional policies and practices 
     regarding faculty hiring, promotion, tenure, and teaching 
     assignment that reward faculty contributions to undergraduate 
     education equal to, or greater than, scholarly scientific 
     research.
       (2) Review of applications.--In evaluating applications 
     submitted under paragraph (1), the Director shall consider at 
     a minimum--
       (A) the evidence of past success in implementing 
     undergraduate education reform and the likelihood of success 
     in undertaking the proposed expanded effort;
       (B) the extent to which the faculty, staff, and 
     administrators of the institution are committed to making the 
     proposed institutional reform a priority of the participating 
     academic unit;
       (C) the degree to which the proposed reform will contribute 
     to change in institutional culture and policy such that a 
     greater value is placed on faculty engagement in 
     undergraduate education, as evidenced through promotion and 
     tenure policies; and
       (D) the likelihood that the institution will sustain or 
     expand the reform beyond the period of the grant.
       (3) Grant distribution.--The Director shall ensure, to the 
     extent practicable, that grants awarded under this section 
     are made to a variety of types of institutions of higher 
     education.

     SEC. 18. REPORTS.

       (a) Grant Size and Duration.--Not later than 6 months after 
     the date of enactment of this Act, the Director shall 
     transmit to the Committee on Science of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate a report 
     describing the impact that increasing the average grant size 
     and duration would have on minority-serving institutions and 
     on institutions located in States where the Foundation's 
     Experimental Program to Stimulate Competitive Research 
     (established under section 113 of the National Science 
     Foundation Authorization Act of 1988 (42 U.S.C. 1862g)) is 
     carrying out activities.
       (b) Faculty.--Not later than 3 months after the date of 
     enactment of this Act, the Director shall enter into an 
     arrangement with the National Academy of Sciences to assess 
     gender differences in the careers of science and engineering 
     faculty. This study shall build on the Academy's work on 
     gender differences in the carriers of doctoral scientists and 
     engineers and examine issues such as faculty hiring, 
     promotion, tenure, and allocation of resources including 
     laboratory space. Upon completion, the results of this study 
     shall be transmitted to the Committee on Science of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate.
       (c) Grant Funding.--Not later than 3 months after the date 
     of enactment of this Act, the Director shall enter into an 
     agreement with an appropriate party to assess gender 
     differences in the distribution of external Federal research 
     and development funding. This study shall examine differences 
     in amounts requested and awarded, by gender, in major Federal 
     external grant programs. Upon completion, the results of this 
     study shall be transmitted to the Committee on Science of the 
     House of Representatives, the Committee on Commerce, Science, 
     and Transportation of the Senate, and the Committee on 
     Health, Education, Labor, and Pensions of the Senate.
       (d) Study of Broadband Network Access for Schools and 
     Libraries.--
       (1) Report to congress.--The Director shall conduct a study 
     of the issues described in paragraph (3), and not later than 
     1 year after the date of the enactment of this Act, transmit 
     to the Committee on Science of the House of Representatives, 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Health, Education, Labor, and 
     Pensions of the Senate a report including recommendations to 
     address those issues. Such report shall be updated annually 
     for 4 additional years.
       (2) Consultation.--In preparing the reports under paragraph 
     (1), the Director shall consult with Federal agencies and 
     educational entities as the Director considers appropriate.
       (3) Issues to be addressed.--The reports shall--
       (A) identify the availability of high-speed, large 
     bandwidth capacity access to different demographic groups 
     served by elementary schools, secondary schools, and 
     libraries in the United States;
       (B) identify how the provision of high-speed, large 
     bandwidth capacity access to the Internet to such schools and 
     libraries can be effectively utilized within each school and 
     library;
       (C) consider the effect that specific or regional 
     circumstances may have on the ability of such institutions to 
     acquire high-speed, large bandwidth capacity access to 
     achieve universal connectivity as an effective tool in the 
     education process; and
       (D) include options and recommendations to address the 
     challenges and issues identified in the reports.
       (e) Minority-Serving Institution Funding.--
       (1) Annual reporting required.--The Director shall submit 
     an annual report, along with the President's annual budget 
     request, to the Committee on Science of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate on the amount of 
     funding awarded by the Foundation to minority-serving 
     institutions, including funding received as members of 
     consortia. The report shall include information on such 
     funding to minority-serving institutions--
       (A) expressed as a percentage of funding to all 
     institutions of higher education for each appropriations 
     account within the Foundation's budget; and
       (B) for the preceding 10 years.
       (2) Report on ways to improve funding.--Within one year 
     after the date of enactment of this Act, the Director shall 
     submit to the Committee on Science of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate a report on 
     recommendations on how the Foundation can improve funding to 
     minority-serving institutions.

     SEC. 19. EVALUATIONS.

       (a) Education.--
       (1) In general.--The Director, through the Research, 
     Evaluation and Communication Division of the Education and 
     Human Resources Directorate of the Foundation, shall evaluate 
     the effectiveness of all undergraduate science, mathematics, 
     engineering, or technology education activities supported by 
     the Foundation in increasing the number and quality of 
     students, including individuals identified in section 33 or 
     34 of the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a or 1885b) studying toward and completing 
     associate's or baccalaureate degrees in science, mathematics, 
     engineering, and technology. In conducting the evaluation, 
     the Director shall consider information on--
       (A) the number of students enrolled in undergraduate 
     science, mathematics, engineering, and technology programs;
       (B) student academic achievement, including quantifiable 
     measurements of students' mastery of content and skills;
       (C) persistence to degree completion, including students 
     who transfer from science, mathematics, engineering, and 
     technology programs to programs in other academic 
     disciplines; and
       (D) placement during the first year after degree completion 
     in post-graduate education or career pathways.
       (2) Assessment benchmarks and tools.--The Director, through 
     the Research, Evaluation and Communication Division of the 
     Education and Human Resources Directorate of the Foundation, 
     shall establish a common set of assessment benchmarks and 
     tools, and shall enable every Foundation-sponsored project to 
     incorporate the use of these benchmarks and tools in their 
     project-based assessment activities.
       (3) Reports to congress.--Not later than 3 years after the 
     date of the enactment of this Act, and once every 3 years 
     thereafter, the Director shall transmit to the Committee on 
     Science of the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate a report containing the results of evaluations under 
     paragraph (1).
       (b) Awards.--Notwithstanding any other provision of this 
     Act, the Director shall annually evaluate a random sample of 
     grants, contracts, or other awards made pursuant to this Act.
       (c) Dissemination.--The Director shall--
       (1) provide for the dissemination of the results of the 
     evaluations conducted pursuant to this section to the public; 
     and
       (2) provide notice to the public that such evaluations are 
     available.

[[Page S11135]]

     SEC. 20. REPORT BY COMMITTEE ON EQUAL OPPORTUNITIES IN 
                   SCIENCE AND ENGINEERING.

       As part of the first report required by section 36(e) of 
     the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885c(e)) transmitted to Congress after the date of 
     enactment of this Act, the Committee on Equal Opportunities 
     in Science and Engineering shall include--
       (1) a summary of its findings over the previous 10 years;
       (2) a description of past and present policies and 
     activities of the Foundation to encourage full participation 
     of women, minorities, and persons with disabilities in 
     science, mathematics, and engineering fields, including 
     activities in support of minority-serving institutions; and
       (3) an assessment of the trends in participation in 
     Foundation activities, and an assessment of the success of 
     Foundation policies and activities, along with proposals for 
     new strategies or the broadening of existing successful 
     strategies toward facilitating the goals of that Act.

     SEC. 21. ADVANCED TECHNOLOGICAL EDUCATION PROGRAM.

       (a) Core Science and Mathematics Courses.--Section 3(a) of 
     the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 
     1862i(a)) is amended--
       (1) by inserting ``, and to improve the quality of their 
     core education courses in science and mathematics'' after 
     ``education in advanced-technology fields'';
       (2) in paragraph (1) by inserting ``and in core science and 
     mathematics courses'' after ``advanced-technology fields''; 
     and
       (3) in paragraph (2) by striking ``in advanced-technology 
     fields'' and inserting ``who provide instruction in science, 
     mathematics, and advanced-technology fields''.
       (b) Articulation Partnerships.--Section 3(c)(1)(B) of the 
     Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 
     1862i(c)(1)(B)) is amended--
       (1) by striking ``and'' at the end of clause (i);
       (2) by striking the period at the end of clause (ii) and 
     inserting a semicolon; and
       (3) by adding after clause (ii) the following new clauses:
       ``(iii) provide students with research experiences at 
     bachelor's-degree-granting institutions participating in the 
     partnership, including stipend support for students 
     participating in summer programs; and
       ``(iv) provide faculty mentors for students participating 
     in activities under clause (iii), including summer salary 
     support for faculty mentors.''.
       (c) National Science Foundation Report.--Within 6 months 
     after the date of the enactment of this Act, the Director 
     shall transmit a report to the Committee on Science of the 
     House of Representatives, the Committee on Commerce, Science, 
     and Transportation of the Senate, and the Committee on 
     Health, Education, Labor, and Pensions of the Senate on--
       (1) efforts by the Foundation and awardees under the 
     program carried out under section 3 of the Scientific and 
     Advanced-Technology Act of 1992 (42 U.S.C. 1862i) to 
     disseminate information about the results of projects;
       (2) the effectiveness of national centers of scientific and 
     technical education established under section 3(b) of the 
     Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 
     1862i(b)) in serving as national and regional clearinghouses 
     of information and models for best practices in undergraduate 
     science, mathematics, and technology education; and
       (3) efforts to satisfy the requirement of section 3(f)(4) 
     of the Scientific and Advanced-Technology Act of 1992 (42 
     U.S.C. 1862i(f)(4)).

     SEC. 22. REPORT ON FOUNDATION BUDGETARY AND PROGRAMMATIC 
                   EXPANSION.

       The Board shall prepare a report to address and examine the 
     Foundation's budgetary and programmatic growth provided for 
     by this Act. The report shall be submitted to the Committee 
     on Science of the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate within one year after the date of the enactment of 
     this Act and shall include--
       (1) recommendations on how the increased funding should be 
     utilized;
       (2) an examination of the projected impact that the 
     budgetary increases will have on the Nation's scientific and 
     technological workforce;
       (3) a description of new or expanded programs that will 
     enable institutions of higher education to expand their 
     participation in Foundation-funded activities;
       (4) an estimate of the national scientific and 
     technological research infrastructure needed to adequately 
     support the Foundation's increased funding and additional 
     programs; and
       (5) a description of the impact the budgetary increases 
     provided under this Act will have on the size and duration of 
     grants awarded by the Foundation.

     SEC. 23. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE.

       (a) Establishment.--The Foundation and the National 
     Aeronautics and Space Administration shall jointly establish 
     an Astronomy and Astrophysics Advisory Committee (in this 
     section referred to as the ``Advisory Committee'').
       (b) Duties.--The Advisory Committee shall--
       (1) assess, and make recommendations regarding, the 
     coordination of astronomy and astrophysics programs of the 
     Foundation and the National Aeronautics and Space 
     Administration;
       (2) assess, and make recommendations regarding, the status 
     of the activities of the Foundation and the National 
     Aeronautics and Space Administration as they relate to the 
     recommendations contained in the National Research Council's 
     2001 report entitled ``Astronomy and Astrophysics in the New 
     Millennium'', and the recommendations contained in subsequent 
     National Research Council reports of a similar nature; and
       (3) not later than March 15 of each year, transmit a report 
     to the Director, the Administrator of the National 
     Aeronautics and Space Administration, and the Committee on 
     Science of the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate on the Advisory Committee's findings and 
     recommendations under paragraphs (1) and (2).
       (c) Membership.--The Advisory Committee shall consist of 13 
     members, none of whom shall be a Federal employee, 
     including--
       (1) 5 members selected by the Director;
       (2) 5 members selected by the Administrator of the National 
     Aeronautics and Space Administration; and
       (3) 3 members selected by the Director of the Office of 
     Science and Technology Policy.
       (d) Selection Process.--Initial selections under subsection 
     (c) shall be made within 3 months after the date of the 
     enactment of this Act. Vacancies shall be filled in the same 
     manner as provided in subsection (c).
       (e) Chairperson.--The Advisory Committee shall select a 
     chairperson from among its members.
       (f) Coordination.--The Advisory Committee shall coordinate 
     with the advisory bodies of other Federal agencies, such as 
     the Department of Energy, which may engage in related 
     research activities.
       (g) Compensation.--The members of the Advisory Committee 
     shall serve without compensation, but shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (h) Meetings.--The Advisory Committee shall convene, in 
     person or by electronic means, at least 4 times a year.
       (i) Quorum.--A majority of the members serving on the 
     Advisory Committee shall constitute a quorum for purposes of 
     conducting the business of the Advisory Committee.
       (j) Duration.--Section 14 of the Federal Advisory Committee 
     Act shall not apply to the Advisory Committee.

     SEC. 24. MINORITY-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM.

       (a) In General.--The Director is authorized to establish a 
     new program to award grants on a competitive, merit-reviewed 
     basis to Hispanic-serving institutions, Alaska Native-serving 
     institutions, Native Hawaiian-serving institutions, and other 
     institutions of higher education serving a substantial number 
     of minority students to enhance the quality of undergraduate 
     science, mathematics, and engineering education at such 
     institutions and to increase the retention and graduation 
     rates of students pursuing associate's or baccalaureate 
     degrees in science, mathematics, engineering, or technology.
       (b) Program Components.--Grants awarded under this section 
     shall support--
       (1) activities to improve courses and curriculum in 
     science, mathematics, and engineering;
       (2) faculty development;
       (3) stipends for undergraduate students participating in 
     research; and
       (4) other activities consistent with subsection (a), as 
     determined by the Director.
       (c) Program Coordination.--This program shall be 
     coordinated with and in addition to the ongoing Historically 
     Black Colleges and Universities Undergraduate Program and the 
     Tribal Colleges and Universities Program.
       (d) Instrumentation.--Funding for instrumentation is an 
     allowed use of grants awarded under this section and under 
     the ongoing Historically Black Colleges and Universities 
     Undergraduate Program and the Tribal Colleges and 
     Universities Program.

     SEC. 25. STUDY ON RESEARCH AND DEVELOPMENT FUNDING DATA 
                   DISCREPANCIES.

       (a) Study.--The Director, in consultation with the Director 
     of the Office of Management and Budget and the heads of other 
     Federal agencies, shall enter into agreement with the 
     National Academy of Sciences to conduct a comprehensive study 
     to determine the source of discrepancies in Federal reports 
     on obligations and actual expenditures of Federal research 
     and development funding.
       (b) Contents.--The study shall--
       (1) examine the relevance and accuracy of reporting 
     classifications and definitions used in the reports described 
     in subsection (a);
       (2) examine whether the classifications and definitions are 
     used consistently across Federal agencies for data gathering;
       (3) examine whether and how Federal agencies use reports 
     described in subsection (a), and describe any other sources 
     of similar data used by those agencies;
       (4) recommend alternatives for modifications to the current 
     reporting process and system that would--
       (A) accommodate emerging fields of science and changing 
     practices in the conduct of research and development;

[[Page S11136]]

       (B) minimize, to the extent possible, the burden imposed on 
     the reporters of these data;
       (C) increase the consistency of application of the system 
     across the Federal agencies including the Office of 
     Management and Budget and the Foundation;
       (D) encourage the use of new technologies to increase 
     accuracy, timeliness, and consistency of the reported data 
     between the agencies and the research performers; and
       (E) overcome systemic shortfalls; and
       (5) recommend an implementation timeline for the 
     modifications recommended under paragraph (4), and recommend 
     specific responsibilities for the program and budget offices 
     in the agencies, taking into consideration required changes 
     to the current computer systems and processes used by the 
     agencies.
       (c) Submission.--The Director shall submit a report on the 
     results of the study to the Committee on Science of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Health, 
     Education, Labor, and Pensions of the Senate within one year 
     after the date of enactment of this Act.
       (d) Implementation.--Within 6 months after the completion 
     of the study required by subsection (a), the Director of the 
     Office of Science and Technology Policy shall submit to the 
     Committee on Science of the House of Representatives, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Health, Education, Labor, and 
     Pensions of the Senate a plan for implementation of the 
     recommendations of the study.

     SEC. 26. PLANNING GRANTS.

       The Director is authorized to accept planning proposals 
     from applicants who are within .075 percentage points of the 
     current eligibility level for the Experimental Program to 
     Stimulate Competitive Research. Such proposals shall be 
     reviewed by the Foundation to determine their merit for 
     support under the Experimental Program to Stimulate 
     Competitive Research or any other appropriate program.
                                 ______
                                 
  SA 4959. Mr. REID (for Mr. Kennedy (for himself, Mr. Gregg, and Mr. 
Hollings)) proposed an amendment to the bill H.R. 4664, An act to 
authorize appropriations for fiscal years 2003, 2004, 2005, 2006, and 
2007 for the National Science Foundation, and for other purposes; as 
follows:

       Amend the title so as to read: ``An Act to authorize 
     appropriations for fiscal years 2003, 2004, 2005, 2006, and 
     2007 for the National Science Foundation and for other 
     purposes.''.
                                 ______
                                 
  SA 4960. Mrs. CLINTON (for herself, Mr. Fitzgerald, Ms. Cantwell, and 
Mr. Specter) proposed an amendment to the bill H.R. 3529, to provide 
tax incentives for economic recovery and assistance to displaced 
workers; as follows:

       Strike all after the enacting clause and insert the 
     following:
       SECTION 1. Section 114 of Public Law 107-229 is amended by 
     striking ``the date specified in section 107(c) of this joint 
     resolution'' and inserting ``March 31, 2003''.
       Section. 2. EXTENSION OF THE TEMPORARY EXTENDED 
     UNEMPLOYMENT COMPENSATION ACT OF 2002.
       (a) In general.--Section 208 of the Temporary Extended 
     Unemployment Compensation Act of 2002 (Public Law 107-147; 
     116 Stat. 30) is amended to read as follows:

     ``SEC. 208. APPLICABILITY.

       ``(a) In General.--Except as provided in subsection (b), an 
     agreement entered into under this title shall apply to weeks 
     of unemployment--
       ``(1) beginning after the date on which such agreement is 
     entered into; and
       ``(2) ending before April 1, 2003.
       ``(b) Transition for Amount Remaining in Account.--
       ``(1) In general.--Subject to paragraphs (2) and (3), in 
     the case of an individual who has amounts remaining in an 
     account established under section 203 as of March 29, 2003, 
     temporary extended unemployment compensation shall continue 
     to be payable to such individual from such amounts for any 
     week beginning after such date for which the individual meets 
     the eligibility requirements of this title.
       ``(2) No augmentation after march 29, 2003.--If the account 
     of an individual is exhausted after March 29, 2003, then 
     section 203(c) shall not apply and such account shall not be 
     augmented under such section, regardless of whether such 
     individual's State is in an extended benefit period (as 
     determined under paragraph (2) of such section).
       ``(3) Limitation.--No compensation shall be payable by 
     reason of paragraph (1) for any week beginning after June 28, 
     2003.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the 
     Temporary Extended Unemployment Compensation Act of 2002 
     (Public Law 107-147; 116 Stat. 21).
                                 ______
                                 
  SA 4961. Mr. REID (for Mr. Baucus) proposed an amendment to the bill 
H.R. 5557, to amend the Internal Revenue Code of 1986 to provide a 
special rule for members of the uniformed services and Foreign Service 
in determining the exclusion of gain from the sale of a principal 
residence and to restore the tax exempt status of death gratuity 
payments to members of the uniformed services, and for other purposes; 
as follows:

       On page 10, strike line 10, and insert the following:

     SEC. 8. CLARIFICATION RELATING TO EXCEPTION FROM ADDITIONAL 
                   TAX ON CERTAIN DISTRIBUTIONS FROM QUALIFIED 
                   TUITION PROGRAMS, ETC. ON ACCOUNT OF ATTENDANCE 
                   AT MILITARY ACADEMY.

       (a) In General.--Subparagraph (B) of section 530(d)(4) of 
     the Internal Revenue Code of 1986 (relating to exceptions 
     from additional tax for distributions not used for 
     educational purposes) is amended by striking ``or'' at the 
     end of clause (iii), by redesignating clause (iv) as clause 
     (v), and by inserting after clause (iii) the following new 
     clause:
       ``(iv) made on account of the attendance of the account 
     holder at the United States Military Academy, the United 
     States Naval Academy, the United States Air Force Academy, 
     the United States Coast Guard Academy, or the United States 
     Merchant Marine Academy, to the extent that the amount of the 
     payment or distribution does not exceed the costs of advanced 
     education (as defined by section 2005(e)(3) of title 10, 
     United States Code, as in effect on the date of the enactment 
     of this section) attributable to such attendance, or''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect for taxable years beginning after December 
     31, 2002.

     SEC. 9. SUSPENSION OF TAX-EXEMPT STATUS OF DESIGNATED 
                   TERRORIST ORGANIZATIONS.

       (a) In General.--Section 501 of the Internal Revenue Code 
     of 1986 (relating to exemption from tax on corporations, 
     certain trusts, etc.) is amended by redesignating subsection 
     (p) as subsection (q) and by inserting after subsection (o) 
     the following new subsection:
       ``(p) Suspension of Tax-Exempt Status of Designated 
     Terrorist Organizations.--
       ``(1) In general.--The exemption from tax under subsection 
     (a) with respect to any organization shall be suspended 
     during any period in which the organization is a designated 
     terrorist organization.
       ``(2) Designated terrorist organization.--For purposes of 
     this subsection, the term `designated terrorist organization' 
     means an organization which--
       ``(A) is designated as a terrorist organization in or 
     pursuant to an Executive order, or otherwise designated, 
     under the authority of--
       ``(i) section 212(a)(3) or 219 of the Immigration and 
     Nationality Act,
       ``(ii) the International Emergency Economic Powers Act, or
       ``(iii) section 5 of the United Nations Participation Act, 
     or
       ``(B) is designated in or pursuant to an Executive order as 
     supporting terrorist activity (as defined in section 
     212(a)(3)(B) of the Immigration and Nationality Act) or 
     terrorism (as defined in section 140(d)(2) of the Foreign 
     Relations Authorization Act, Fiscal Years 1988 and 1989).
       ``(3) Denial of deduction.--No deduction shall be allowed 
     under section 170, 545(b)(2), 556(b)(2), 642(c), 2055, 
     2106(a)(2), or 2522 for any contribution to an organization 
     during the period such organization is a designated terrorist 
     organization.
       ``(4) Denial of administrative or judicial challenge of 
     suspension or denial of deduction.--Notwithstanding section 
     7428 or any other provision of law, no organization or other 
     person may challenge a suspension under paragraph (1), a 
     designation described in paragraph (2), or a denial of a 
     deduction under paragraph (3) in any administrative or 
     judicial proceeding relating to the Federal tax liability of 
     such organization or other person.
       ``(5) Credit or refund in case of erroneous designation.--
       ``(A) In general.--If a designation of an organization 
     pursuant to 1 or more of the provisions of law described in 
     paragraph (2) is determined to be erroneous pursuant to such 
     law and the erroneous designation results in an overpayment 
     of income tax for any taxable year with respect to such 
     organization, credit or refund (with interest) with respect 
     to such overpayment shall be made.
       ``(B) Waiver of limitations.--If credit or refund of any 
     overpayment of tax described in subparagraph (A) is prevented 
     at any time before the close of the 1-year period beginning 
     on the date of the determination of such credit or refund 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.''.
       (b) Notice of Suspensions.--If the tax exemption of any 
     organization is suspended under section 501(p) of the 
     Internal Revenue Code of 1986 (as added by subsection (a)), 
     the Internal Revenue Service shall update the listings of 
     tax-exempt organizations and shall publish appropriate notice 
     to taxpayers of such suspension and of the fact that 
     contributions to such organization are not deductible during 
     the period of such suspension.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

[[Page S11137]]

     SEC. 10. ABOVE-THE-LINE DEDUCTION FOR OVERNIGHT TRAVEL 
                   EXPENSES OF NATIONAL GUARD AND RESERVE MEMBERS.

       (a) Deduction Allowed.--Section 162 of the Internal Revenue 
     Code of 1986 (relating to certain trade or business expenses) 
     is amended by redesignating subsection (p) as subsection (q) 
     and inserting after subsection (o) the following new 
     subsection:
       ``(p) Treatment of Expenses of Members of Reserve Component 
     of Armed Forces of the United States.--For purposes of 
     subsection (a)(2), in the case of an individual who performs 
     services as a member of a reserve component of the Armed 
     Forces of the United States at any time during the taxable 
     year, such individual shall be deemed to be away from home in 
     the pursuit of a trade or business for any period during 
     which such individual is away from home in connection with 
     such services.''.
       (b) Deduction Allowed Whether or Not Taxpayer Elects To 
     Itemize.--Section 62(a)(2) (relating to certain trade and 
     business deductions of employees) is amended by adding at the 
     end the following new subparagraph:
       ``(E) Certain expenses of members of reserve components of 
     the armed forces of the united states.--The deductions 
     allowed by section 162 which consist of expenses, not in 
     excess of $1,500, paid or incurred by the taxpayer in 
     connection with the performance of services by such taxpayer 
     as a member of a reserve component of the Armed Forces of the 
     United States for any period during which such individual is 
     more than 100 miles away from home in connection with such 
     services.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2002.

     SEC. 11. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 (relating to miscellaneous provisions) is amended by 
     adding at the end the following new section:

     ``SEC. 7527. INTERNAL REVENUE SERVICE USER FEES.

       ``(a) General Rule.--The Secretary shall establish a 
     program requiring the payment of user fees for--
       ``(1) requests to the Internal Revenue Service for ruling 
     letters, opinion letters, and determination letters, and
       ``(2) other similar requests.
       ``(b) Program Criteria.--
       ``(1) In general.--The fees charged under the program 
     required by subsection (a)--
       ``(A) shall vary according to categories (or subcategories) 
     established by the Secretary,
       ``(B) shall be determined after taking into account the 
     average time for (and difficulty of) complying with requests 
     in each category (and subcategory), and
       ``(C) shall be payable in advance.
       ``(2) Exemptions, etc.--
       ``(A) In general.--The Secretary shall provide for such 
     exemptions (and reduced fees) under such program as the 
     Secretary determines to be appropriate.
       ``(B) Exemption for certain requests regarding pension 
     plans.--The Secretary shall not require payment of user fees 
     under such program for requests for determination letters 
     with respect to the qualified status of a pension benefit 
     plan maintained solely by 1 or more eligible employers or any 
     trust which is part of the plan. The preceding sentence shall 
     not apply to any request--
       ``(i) made after the later of--

       ``(I) the fifth plan year the pension benefit plan is in 
     existence, or
       ``(II) the end of any remedial amendment period with 
     respect to the plan beginning within the first 5 plan years, 
     or

       ``(ii) made by the sponsor of any prototype or similar plan 
     which the sponsor intends to market to participating 
     employers.
       ``(C) Definitions and special rules.--For purposes of 
     subparagraph (B)--
       ``(i) Pension benefit plan.--The term `pension benefit 
     plan' means a pension, profit-sharing, stock bonus, annuity, 
     or employee stock ownership plan.
       ``(ii) Eligible employer.--The term `eligible employer' 
     means an eligible employer (as defined in section 
     408(p)(2)(C)(i)(I)) which has at least 1 employee who is not 
     a highly compensated employee (as defined in section 414(q)) 
     and is participating in the plan. The determination of 
     whether an employer is an eligible employer under 
     subparagraph (B) shall be made as of the date of the request 
     described in such subparagraph.
       ``(iii) Determination of average fees charged.--For 
     purposes of any determination of average fees charged, any 
     request to which subparagraph (B) applies shall not be taken 
     into account.
       ``(3) Average fee requirement.--The average fee charged 
     under the program required by subsection (a) shall not be 
     less than the amount determined under the following table:

                                                                Average
``Category                                                          Fee
  Employee plan ruling and opinion............................$250 ....

  Exempt organization ruling..................................$350 ....

  Employee plan determination.................................$300 ....

  Exempt organization determination...........................$275 ....

  Chief counsel ruling........................................$200.....

       ``(c) Termination.--No fee shall be imposed under this 
     section with respect to requests made after September 30, 
     2012.''.
       (b) Conforming Amendments.--
       (1) The table of sections for chapter 77 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 7527. Internal Revenue Service user fees.''.
       (2) Section 10511 of the Revenue Act of 1987 is repealed.
       (3) Section 620 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is repealed.
       (c) Limitations.--Notwithstanding any other provision of 
     law, any fees collected pursuant to section 7527 of the 
     Internal Revenue Code of 1986, as added by subsection (a), 
     shall not be expended by the Internal Revenue Service unless 
     provided by an appropriations Act.
       (d) Effective Date.--The amendments made by this section 
     shall apply to requests made after the date of the enactment 
     of this Act.

     SEC. 12. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT 
                   AGREEMENTS.

       (a) In General.--
       (1) Section 6159(a) of the Internal Revenue Code of 1986 
     (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) of such Code (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 of the Internal Revenue Code of 1986 
     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.

     SEC. 13. PROTECTION OF SOCIAL SECURITY.

                          ____________________