[Congressional Record Volume 149, Number 125 (Thursday, September 11, 2003)]
[Senate]
[Pages S11417-S11421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. HATCH:
  S. 1609. A bill to make aliens ineligible to receive visas and 
exclude aliens from admission into the United States for nonpayment of 
child support; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce the Parental 
Responsibility Obligations Met Through Immigration System Enforcement 
Act, or PROMISE Act. Sadly, there are many in our society who do not 
honor their child support obligations, and ultimately, it is the 
children who are hurt by such irresponsibility. Shockingly, many 
foreign nationals are able to benefit from our immigration laws 
notwithstanding their failure to live up to their child support 
obligations. As a matter of sound policy, our immigration laws should 
require those who wish to come into or remain in our country to comply 
with our moral and ethical standards. Let us be clear in our message. 
If you do not live up to your financial obligations to your own 
children, then you are not welcome in the United States.
  I am introducing this legislation now because it is time to do 
something to protect many children who are economically disadvantaged 
or neglected. These children need clothes, food, and shelter--basic 
necessities of life. Moreover, when the deadbeat parents fail to meet 
their obligations to their own children, it is our society and our 
taxpayers who must pick up the cost. Of course, we will do what we have 
to for the children in our country, but we need to hold the parents 
responsible and impress upon them we will no

[[Page S11418]]

longer tolerate their irresponsible attitude toward their own children.
  Specifically, this legislation amends the current Immigration and 
Nationality Act, section 212(a), to include failure to pay child 
support as a ground of inadmissibility. It will also amend section 
101(f) of the Immigration and Nationality Act so that one who fails to 
pay child support is statutorily without good moral character. The 
legislation will cover not only orders from a court in the United 
States but also foreign courts with which our Federal or State 
governments have reciprocity agreements. As such, deadbeat parents 
cannot use the United States as a haven from child support enforcement 
by other governments.
  In conclusion, we must be mindful that permission to enter the United 
States is a privilege and not a right. We will not grant this privilege 
to individuals who do not respect the law of our Nation, the laws of 
their home country, or their moral duty to provide for their children.
  I ask for your support of the PROMISE Act.
  Mr. HATCH. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1609

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Parental Responsibility 
     Obligations Met through Immigration System Enforcement Act'' 
     or ``PROMISE Act''.

     SEC. 2. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM 
                   ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.

       Section 212(a)(10) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(10)) is amended by adding at the end the 
     following:
       ``(F) Nonpayment of child support.--
       ``(i) In general.--Except as provided in clause (ii), an 
     alien who is legally obligated under a judgment, decree, or 
     order to pay child support and whose failure to pay such 
     child support has resulted in an arrearage is inadmissible.
       ``(ii) Exception.--An alien described in clause (i) may be 
     admissible when child support payments under the judgment, 
     decree, or order are satisfied or the alien is in compliance 
     with an approved payment agreement.''.

     SEC. 3. EFFECT OF NONPAYMENT OF CHILD SUPPORT ON 
                   ESTABLISHMENT OF GOOD MORAL CHARACTER.

       Section 101(f) of the Immigration and Nationality Act (8 
     U.S.C. 1101(f)) is amended--
       (1) in paragraph (8), by striking the period at the end and 
     inserting ``; or''; and
       (2) by inserting after paragraph (8) the following:
       ``(9) one who is legally obligated under a judgment, 
     decree, or order to pay child support (as defined in section 
     212(a)(10)), and whose failure to pay such child support has 
     resulted in any arrearage, unless support payments under the 
     judgment, decree, or order are satisfied or the alien is in 
     compliance with an approved payment agreement.''.

     SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT 
                   CASES ON CERTAIN ARRIVING ALIENS.

       Section 235(d) of the Immigration and Nationality Act (8 
     U.S.C. 1225(d)) is amended by adding at the end the 
     following:
       ``(5) Authority to serve process in child support cases.--
       ``(A) In general.--To the extent consistent with State law, 
     immigration officers are authorized to serve on any alien who 
     is an applicant for admission to the United States, legal 
     process with respect to any action to enforce a legal 
     obligation of an individual to pay child support (as defined 
     in section 459(i) of the Social Security Act).
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `legal process' means any writ, order, summons, or other 
     similar process that is issued by--
       ``(i) a court or an administrative agency of competent 
     jurisdiction in any State, territory, or possession of the 
     United States; or
       ``(ii) an authorized official pursuant to an order of such 
     a court or agency or pursuant to State or local law.''.

     SEC. 5. AUTHORIZATION TO OBTAIN INFORMATION ON CHILD SUPPORT 
                   PAYMENTS BY ALIENS.

       Section 453(h) of the Social Security Act (42 U.S.C. 
     653(h)) is amended by adding at the end the following:
       ``(4) Provision to attorney general and secretary of state 
     of information on persons delinquent in child support 
     payments.--On request by the Attorney General, Secretary of 
     Homeland Security, or the Secretary of State, the Secretary 
     of Health and Human Services shall provide the requestor with 
     such information as the Secretary of Health and Human 
     Services determines may aid them in determining whether an 
     alien is delinquent in the payment of child support.''.

     SEC. 6. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date that is 90 days after the date of 
     enactment of this Act and shall apply to aliens who apply for 
     benefits under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.) on or after such effective date.
                                 ______
                                 
      By Mr. BAYH (for himself and Mr. Kerry):
  S. 1610. A bill to amend the Employee Retirement Income Security Act 
of 1974 and the Internal Revenue Code of 1986 to ensure the adequate 
funding of pension plans, and for other purposes; to the Committee on 
Finance.
  Mr. BAYH. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1610

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Defined Benefit Pension Plan 
     Reform Act of 2003''.

     SEC. 2. MULTIEMPLOYER PLAN EMERGENCY INVESTMENT LOSS RULE.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 412(b)(7) of the Internal Revenue Code of 1986 
     (relating to special rules for multiemployer plans) is 
     amended by adding at the end the following:
       ``(F) Emergency investment loss method.--
       ``(i) In general.--In lieu of amortizing net experience 
     loss as prescribed in paragraph (2)(B)(iv), a multiemployer 
     plan may elect to use the emergency investment loss method 
     described in this subparagraph, starting with the first plan 
     year in which there is an emergency investment loss.
       ``(ii) Emergency investment loss.--An emergency investment 
     loss for any plan year beginning on or after July 1, 1999, 
     and ending before January 1, 2004, is the amount (if any) by 
     which--

       ``(I) the fair market value of the plan's assets as of the 
     last day of the plan year, is less than
       ``(II) the fair market value which would have been 
     determined if the plan's earnings for the plan year had been 
     equal to the projected investment return based on the 
     actuarial interest rate under paragraph (5)(A) for the plan 
     year, applied to the fair market value of assets as of the 
     beginning of the year and noninvestment cash flows during the 
     year.

       ``(iii) Amortization of emergency investment loss.--The 
     funding standard account shall be charged with the amounts 
     necessary to amortize in equal annual installments (until 
     fully amortized) the plan's emergency investment loss over a 
     period of 30 plan years.
       ``(iv) Treatment of adjusted net actuarial experience.--If 
     an election is in effect for any plan year described in 
     clause (ii)--

       ``(I) any net experience gain otherwise determined for such 
     year under paragraph (2)(B)(iv) shall be increased by an 
     amount equal to the emergency investment loss for such year, 
     and
       ``(II) any net experience loss otherwise determined for 
     such year under paragraph (3)(B)(ii) shall be reduced by the 
     emergency investment loss for such year, except that if such 
     emergency investment loss exceeds such net experience loss, 
     the excess shall be treated as a net experience gain for such 
     year for purposes of paragraph (2)(B)(iv).''

       (b) Amendment to the Employee Retirement Income Security 
     Act of 1974.--Section 302(b)(7) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1082(b)(7)) is amended 
     by adding at the end the following:
       ``(F)(i) In lieu of amortizing net experience loss as 
     prescribed in paragraph (2)(B)(iv), a multiemployer plan may 
     elect to use the emergency investment loss method described 
     in this subparagraph, starting with the first plan year in 
     which there is an emergency investment loss.
       ``(ii) An emergency investment loss for any plan year 
     beginning on or after July 1, 1999, and ending before January 
     1, 2004, is the amount (if any) by which--
       ``(I) the fair market value of the plan's assets as of the 
     last day of the plan year, is less than
       ``(II) the fair market value which would have been 
     determined if the plan's earnings for the plan year had been 
     equal to the projected investment return based on the 
     actuarial interest rate under paragraph (5)(A) for the plan 
     year, applied to the fair market value of assets as of the 
     beginning of the year and noninvestment cash flows during the 
     year.
       ``(iii) The funding standard account shall be charged with 
     the amounts necessary to amortize in equal annual 
     installments (until fully amortized) the plan's emergency 
     investment loss over a period of 30 plan years.
       ``(iv) If an election is in effect for any plan year 
     described in clause (ii)--
       ``(I) any net experience gain otherwise determined for such 
     year under paragraph (2)(B)(iv) shall be increased by an 
     amount equal to the emergency investment loss for such year, 
     and
       ``(II) any net experience loss otherwise determined for 
     such year under paragraph (3)(B)(ii) shall be reduced by the 
     emergency

[[Page S11419]]

     investment loss for such year, except that if such emergency 
     investment loss exceeds such net experience loss, the excess 
     shall be treated as a net experience gain for such year for 
     purposes of paragraph (2)(B)(iv).''
       (c) Election Procedure.--
       (1) In general.--The Secretary of the Treasury shall 
     prescribe a procedure under which multiemployer plans that 
     elect to use the emergency investment loss method described 
     in section 412(b)(7)(F) of the Internal Revenue Code of 1986 
     and section 302(b)(7)(F) of the Employee Retirement Income 
     Security Act of 1974 may do so either by starting the special 
     amortization periods in the actuarial valuations for each of 
     the affected plan years or by starting with a cumulative 
     emergency investment loss and adjusted net actuarial 
     experience (based on the outstanding balance of the 
     experience gain bases for the affected plan years, reduced by 
     the cumulative emergency investment loss) in the actuarial 
     valuation for the last plan year ending before January 1, 
     2004.
       (2) Filing period.--The procedures described in paragraph 
     (1) shall provide a period of not less than 210 days after 
     the date of enactment of this Act for multiemployer plans to 
     file Schedule Bs (relating to actuarial information under the 
     plan) to the Form 5500 Annual Reports for the plan years for 
     which the emergency investment loss method is elected, 
     including amended Schedule Bs for annual reports previously 
     filed.
       (d) Effective Date.--The amendments made by this section 
     shall apply to years beginning after June 30, 1999.

     SEC. 3. MORTALITY TABLE ADJUSTMENT.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 412(l)(7)(C) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(iv) Separate mortality tables for blue-collar and white-
     collar workers.--

       ``(I) In general.--Notwithstanding clause (ii), in the case 
     of plan years beginning after December 31, 2003, the 
     Secretary shall establish separate mortality tables for blue-
     collar workers and white-collar workers which may be used (in 
     lieu of the tables under clause (ii)) to determine current 
     liability under this subsection. For this purpose, the 
     Secretary shall take into account the Society of Actuaries 
     RP-2000 Mortality Table, as adjusted to take into account the 
     collar adjustment prescribed in such table to reflect the 
     workforce covered by the plan.
       ``(II) Classification of workers.--For purposes of this 
     clause, individuals shall be classified as blue-collar or 
     white-collar workers under rules prescribed by the Secretary. 
     In prescribing such rules, the Secretary shall treat 
     professional employees (within the meaning of section 410) as 
     white-collar workers.
       ``(III) Consistent use.--If an employer elects to use the 
     tables prescribed under subclause (I) for any plan 
     established or maintained by the employer, the employer shall 
     use the tables for all such plans other than a plan for which 
     use of the tables is prohibited under regulations prescribed 
     by the Secretary.''.

       (b) Amendment to the Employee Retirement Income Security 
     Act of 1974.--Section 302(d)(7)(C) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1082(d)(7)(C)) is 
     amended by adding at the end the following:
       ``(iv) Separate mortality tables for blue-collar and white-
     collar workers.--

       ``(I) In general.--Notwithstanding clause (ii), in the case 
     of plan years beginning after December 31, 2003, the 
     Secretary of the Treasury shall establish separate mortality 
     tables for blue-collar workers and white-collar workers which 
     may be used (in lieu of the tables under clause (ii)) to 
     determine current liability under this subsection. For this 
     purpose, the Secretary of the Treasury shall take into 
     account the Society of Actuaries RP-2000 Mortality Table, as 
     adjusted to take into account the collar adjustment 
     prescribed in such table to reflect the workforce covered by 
     the plan.
       ``(II) Classification of workers.--For purposes of this 
     clause, individuals shall be classified as blue-collar or 
     white-collar workers under rules prescribed by the Secretary 
     of the Treasury. In prescribing such rules, the Secretary of 
     the Treasury shall treat professional employees (within the 
     meaning of section 410 of the Internal Revenue Code of 1986) 
     as white-collar workers.
       ``(III) Consistent use.--If an employer elects to use the 
     tables prescribed under subclause (I) for any plan 
     established or maintained by the employer, the employer shall 
     use the tables for all such plans other than a plan for which 
     use of the tables is prohibited under regulations prescribed 
     by the Secretary of the Treasury.''.

       (c) Effective Date.--The amendments made by this section 
     shall be effective as of the date of the enactment of this 
     Act.

     SEC. 4. MODIFICATION OF FULL-FUNDING LIMITATION FOR PURPOSES 
                   OF DEDUCTION LIMITS ON EMPLOYER PENSION 
                   CONTRIBUTIONS.

       (a) In General.--Section 404(a)(1)(A) of the Internal 
     Revenue Code of 1986 (relating to limitation on deductibility 
     of employer contributions) is amended by adding at the end 
     the following: ``In determining the full funding limitation 
     for purposes of the preceding sentence for any year beginning 
     after December 31, 2003, the amount determined under section 
     412(c)(7)(A)(i) shall in no event be treated as being less 
     than 130 percent of current liability (including the expected 
     increase in current liability due to benefits accruing during 
     the year).''
       (b) Effective Date.--The amendments made by this section 
     shall apply to years beginning after December 31, 2003.

     SEC. 5. REQUIRED NOTIFICATION OF PARTICIPANTS AND 
                   BENEFICIARIES OF PLAN TERMINATIONS BY PENSION 
                   BENEFIT GUARANTY CORPORATION.

       (a) In General.--Section 4042(b) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1342(b)) is amended by 
     adding at the end the following:
       ``(4)(A) Not later than 30 days after the corporation 
     notifies a plan administrator under this subsection regarding 
     the commencement of proceedings to terminate a plan under 
     this section, the corporation shall provide notice of such 
     proceedings to affected parties as provided in this 
     paragraph. The notice shall state that such termination is 
     intended, the proposed termination date, and the procedure 
     for such termination under this section.
       ``(B) Upon notice to the plan of the commencement of 
     proceedings, the plan administrator shall provide the 
     corporation with a list of the names and addresses of all 
     participants and beneficiaries of the plan.
       ``(C) The corporation shall provide--
       ``(i) written notice to each affected party of the plan; 
     and
       ``(ii) notice in the 2 newspapers with the largest 
     circulation in the area of the majority of the affected 
     parties.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to proceedings commenced after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. SPECTER:
  S. 1611. A bill to provide for the establishment of a commission to 
conduct a study concerning the overtime regulations of the Department 
of Labor, to the Committee on Health, Education, Labor, and Pensions.
  Mr. SPECTER. Mr. President, I sought recognition to introduce 
legislation to create a commission on overtime pay.
  Yesterday, the Senate passed an amendment to preclude Federal funding 
for the regulation issued by the Department of Labor on overtime pay, 
and it is uncertain what will happen as the bill goes to conference. 
There has been a representation that the President will veto the 
appropriations bill on Labor, Health and Human Services, and Education 
if this regulation is not in the bill.
  It seems to me we ought to be taking another step, and that is to 
create a commission to deal with this issue so we are prepared in any 
eventuality. There is no doubt that the 1945 regulations on the Fair 
Labor Standards Act, that those regulations are vastly out of date and 
they ought to be revised. There are many lawsuits, some class actions, 
to determine what the definitions are for those who are or who are not 
covered by overtime pay that ought to be clarified. Clarification can 
be achieved without having the massive disruption on the change on 
overtime pay for so many in the workforce.
  A change in the overtime pay for those in the workforce would be 
especially problematic given the economic situation at hand, that it is 
a difficult time and there ought not to be that kind of disruption 
which would be occasioned by this bill, by the regulations going into 
effect.
  Even though the Department of Labor's propose legislation stated that 
the Department could not exactly clarify which workers would be exempt 
or not exempt based on the current and the proposed rules, the 
commission which I am proposing would have representatives from 
business, the public sector, the labor groups, with widespread approval 
from congressional leaders, and is a preferable course so we can 
achieve both objectives; that is, to have clarification on the outdated 
regulations to avoid the litigation and know who is exempt and who is 
not exempt while doing it without massive disruption of the overtime 
pay at a very difficult time for the workers.
  To reiterate, today I am introducing legislation to establish a 
commission to conduct a thorough study of issues relating to 
modernization of the Fair Labor Standards Act overtime provisions. 
These provisions have remained substantially unchanged since 1975, 
despite changes in the modern work place.
  On March 31, 2003, the Labor Department issued proposed regulations 
to update the exemptions from overtime pay for executive, 
administrative, professional, outside sales and computer employees. 
More than 70,000 comments were received by the June 30, 2003 deadline. 
Due to the controversy generated by the proposed regulations, I held a 
hearing on July 31, 2003 to explore this

[[Page S11420]]

complex question. We heard testimony from the Labor Department, as well 
as organized labor and business representatives. It was evident that 
while there was general agreement that greater clarity of definitions 
concerning overtime pay eligibility would be beneficial to both 
employees and workers there was disagreement about the impact of the 
proposed regulations, and no consensus about how to achieve greater 
clarity and compliance to avoid costly lawsuits. Even the Labor 
Department's proposed regulations stated that the Department could not 
exactly clarify which workers are exempt and nonexempt based on the 
current and proposed rules.
  The commission I am proposing will bring together experts to study 
these ambiguities and other issues deemed appropriate, and report to 
the Secretary of Labor and Congress by July 30, 2004. The legislation 
also specifies that the proposed overtime regulation will not become 
effective until 60 days after the date the commission report is 
submitted.
  The commission will be composed of 11 members representing organized 
labor, the business community, the general public and Federal 
officials. The commission members will be appointed on a bipartisan, 
bicameral basis and shall be appointed by the Secretary of Labor, and 
the House and Senate appropriations and authorizing committees.
  The primary duties of the commission will be to conduct a thorough 
study of, and develop recommendations on, issues relating to the 
modernization of the overtime provisions of the Fair Labor Standards 
Act of 1938.
  Specifically the commission will:
  (1) Review categories and numbers of workers not eligible for 
overtime pay under current regulations and identify how many workers 
and employers might be affected by proposed changes to the current 
regulation;
  (2) Determine if the proposed regulation relating to overtime is 
sufficiently clear to be easily understood by employers and workers;
  (3) Assess the paperwork burden that employers would have in order to 
assure that each individual worker, claimed to be exempt from such 
overtime requirements, actually is exempt under such regulation;
  (4) Assess the extent to which it will be clear to the individual 
worker as to his or her overtime pay protection under the proposed 
regulation; and
  (5) Determine the impact of the regulation on nurses, pharmacists, 
and police, firefighters and paramedics.
  Given the extreme controversy over the proposed overtime regulation, 
I believe that the legislation that I am proposing will provide an 
opportunity for all sides to air the concerns and work with the 
Secretary of Labor to craft a regulation that will benefit employers, 
employees and the general public.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1611

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

     SECTION 1. COMMISSION ON OVERTIME REGULATIONS.

       (a) Establishment of Commission.--There is established the 
     Commission on Overtime Regulations (in this section referred 
     to as the ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 11 
     members of whom--
       (A) 1 member shall be appointed by the Secretary of Labor 
     from the general public;
       (B) 1 member shall be a representative of business to be 
     nominated by the United States Chamber of Commerce and 
     appointed by the Secretary of Labor;
       (C) 1 member shall be a representative of organized labor 
     to be nominated by the AFL-CIO and appointed by the Secretary 
     of Labor;
       (D) 1 member shall be appointed by the chairman of the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate;
       (E) 1 member shall be appointed by the ranking minority 
     member of the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       (F) 1 member shall be appointed by the chairman of the 
     Committee on Appropriations of the Senate;
       (G) 1 member shall be appointed by the ranking minority 
     member of the Committee on Appropriations of the Senate;
       (H) 1 member shall be appointed by the chairman of the 
     Committee on Education and the Workforce of the House of 
     Representatives;
       (I) 1 member shall be appointed by the ranking minority 
     member of the Committee on Education and the Workforce of the 
     House of Representatives;
       (J) 1 member shall be appointed by the chairman of the 
     Committee on Appropriations of the House of Representatives; 
     and
       (K) 1 member shall be appointed by the ranking minority 
     member of the Committee on Appropriations of the House of 
     Representatives.
       (2) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, and shall be filled 
     in the same manner as the original appointment.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (4) Chairperson and vice chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among its 
     members.
       (c) Duties of the Commission.--
       (1) Study.--The Commission shall conduct a thorough study 
     of, and develop recommendations on, issues relating to the 
     modernization of the overtime provisions of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.) in order to 
     promote clarity and compliance. In conducting such study the 
     Commission shall--
       (A) review the categories and number of workers not 
     eligible for overtime pay under current regulations under the 
     Fair Labor Standards Act of 1938 and identify how many 
     workers and employers might be affected by proposed changes 
     to such regulations;
       (B) determine if the proposed regulation relating to 
     overtime is sufficiently clear to be easily understood by 
     employers and workers;
       (C) assess the paperwork burden that employers would have 
     in order to assure that each individual worker, claimed to be 
     exempt from such overtime requirements, actually is exempt 
     under such regulation;
       (D) assess the extent to which it will be clear to the 
     individual worker as to his or her overtime pay protection 
     under the proposed regulation;
       (E) determine the impact of the proposed regulation on the 
     access of individuals to health care based upon the impact 
     the proposed regulation has on nurses and pharmacists, and 
     the impact that such regulation has on fundamental security 
     occupations of first responders such as police, firefighters, 
     and paramedics;
       (F) identify how the proposed regulation would affect 
     enforcement and compliance actions of the Department of 
     Labor;
       (G) make recommendation to simplify the definitions of 
     professional or managerial duties that exempt workers from 
     overtime requirements so that they have a greater ability to 
     know in advance what their expectations should be;
       (H) identify new and emerging specialty positions in the 
     modern workplace that require clarification of their status 
     with respect to the profession employees exemption to the 
     overtime requirements;
       (I) review the need to update the exemption to the overtime 
     requirements for computer workers;
       (J) examine the merits of an income ceiling above which 
     workers would be exempt from the overtime requirements;
       (K) review the salary levels used to trigger the regulatory 
     tests for overtime compliance, including the merits and 
     drawbacks of indexing such levels for inflation;
       (L) consider what kind of limited or conditional 
     ``docking'' flexibility would provide employers with 
     alternatives to termination and to week-long suspensions 
     without being used as a subterfuge to evade or undermine the 
     salary test with respect to overtime requirements;
       (M) identify obstacles small businesses may face in 
     achieving compliance or correction with respect to the 
     overtime requirements and develop a means to overcome those 
     obstacles;
       (N) clarify the definition of ``workplace conduct'' so that 
     employers and employees know whether dangerous or abusive 
     situations, such as harassment or violence off the employer's 
     premises can, nevertheless, be addressed in a manner 
     consistent with the Fair Labor Standards Act of 1938;
       (O) identify ways in which employers can satisfy the 
     requirement that policies regarding workplace conduct be in 
     writing to permit the use of other forms of notice or other 
     technologies for communications while ensuring that notice is 
     fairly provided to workers;
       (P) identify ways to improve the availability of the 
     proposed safe harbor means of demonstrating compliance with 
     the overtime regulations by clarifying that such regulations 
     are intended to parallel existing legal requirements for 
     discrimination or labor law cases and not to prompt new 
     litigation or confusion; and
       (Q) study other issues determined appropriate by the 
     Commission.
       (2) Report.--Not later than July 30, 2004, the Commission 
     shall prepare and submit to the Secretary of Labor, the 
     appropriate committees of Congress, and the general public a 
     report concerning the study conducted under paragraph (1). 
     The report shall include the findings and recommendations of 
     the Commission with respect to the matters described in 
     subparagraphs (A) through (Q) of paragraph (1).

[[Page S11421]]

       (3) Effective date of revised regulations.--The Secretary 
     of Labor shall ensure that the effective date for any 
     proposed modifications to the regulations relating to the 
     overtime requirements under the Fair Labor Standards Act of 
     1938 is not earlier than 60 days after the date on which the 
     report is submitted under paragraph (2).
       (d) Powers of the Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section. The Commission shall, to the 
     maximum extent possible, use existing data and research prior 
     to holding such hearings.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this section. Upon request of the Chairperson of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (e) Commission Personnel Matters.--
       (1) Compensation; travel expenses.--Each member of the 
     Commission shall serve without compensation but shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (2) Staff and equipment.--The Department of Labor shall 
     provide all financial, administrative, and staffing 
     requirements for the Commission including--
       (A) office space;
       (B) furnishings; and
       (C) equipment.
       (f) Termination of the Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits its report under subsection (c)(2).
                                 ______
                                 
      By Ms. COLLINS (for herself and Mr. Pryor):
  S. 1612. A bill to establish a technology, equipment, and information 
transfer within the Department of Homeland Security; to the Committee 
on Governmental Affairs.
  Ms. COLLINS. Mr. President, I rise today to reflect on the terrorist 
attacks of 2 years ago, and to remember those who lost their lives or 
their loved ones on that tragic day. We also pause to honor the heroes 
who came to the rescue that day: our firefighters, police officers, and 
emergency workers.
  Two years ago, a brilliant late-summer Tuesday morning turned without 
warning into a horror of fire, smoke and chaos. Just another workday 
suddenly became a day of unimaginable loss, courage and sacrifice. What 
happened in New York City, Washington and Pennsylvania 2 years ago 
ensured that September 11 would be forever a solemn anniversary we will 
observe with reverence and reflection. It is a date we will keep in our 
places of worship, in our streets and public parks, certainly in our 
hearts.
  This second anniversary also is an appropriate time for assessment. 
While the terrorist attacks told us much about the strength of our 
people, they also revealed many weaknesses--in planning, cohesiveness 
and cooperation--in our government. The question we in government must 
answer today is whether our planning is more comprehensive, 
preparedness more effective, and the interactions among the various 
agencies of government more cohesive and cooperative.
  Since September 11, 2001, the Federal Government has worked to forge 
a new relationship with State and local governments. During the past 2 
years, Congress has provided $11 billion to States and localities to 
help equip and train their police, fire, and emergency personnel. 
Federal experts have trained more than 450,000 State and local first 
responders and conducted nearly 450 training exercises throughout the 
country. These efforts have better equipped our communities and first 
responders to respond to a terrorist attack.
  But we must do more to help first responders become first 
preventers--to help them apprehend terrorists and thwart attacks before 
they happen. Our communities requires more than decontamination 
equipment to treat those affected by a dirty bomb--we need to give our 
law enforcement agencies innovative monitoring technologies to thwart 
terrorists before they strike.
  As the Portland Press Herald reported just last week, ``While [Maine] 
is better equipped to respond to a chemical strike or ``dirty'' 
radioactive bomb, little has been spent to prevent such an attack.'' 
The legislation I am introducing today is aimed squarely at prevention.
  The Homeland Security Act established a framework to research and 
develop new advanced counter-terrorism technologies. The Homeland 
Security Appropriations bill passed by the Senate just a few months ago 
will provide the millions needed to fund this effort. Many other 
agencies, both within and outside the Department of Homeland Security, 
are developing technologies that could be used to prevent future 
terrorist attacks.
  I am pleased to introduce legislation with my colleague from 
Arkansas, Senator Pryor, which would help the Department quickly 
identify and transfer cutting edge counter-terrorism technologies and 
equipment to the front lines. Under our legislation, the Director of 
the Office for Domestic Preparedness, working with State and local law 
enforcement officials, the Science and Technology Directorate, and 
other Federal agencies will identify counter-terrorism technologies 
with the potential to significantly assist the law enforcement 
community.
  Once these technologies have been identified, State and local law 
enforcement agencies can apply to receive these technologies and 
equipment directly from the Department of Homeland Security. For 
example, those law enforcement agencies protecting borders, cargo 
ports, and other freight transportation links will be able to secure 
advanced detection and monitoring equipment that may not be purchased 
using other Office for Domestic Preparedness funds. This program, then, 
will fill in the technology gaps between traditional homeland security 
assistance programs.
  This is not another open-ended grant program. Rather, the counter-
terrorism technologies and equipment themselves will be available from 
a catalog of items proven to work. Transferring the technology, instead 
of providing a monetary grant, will enable ODP to provide the 
appropriate training to law enforcement officials.
  Our legislation is modeled after a program that works--the successful 
Technology Transfer Program within the Counterdrug Technology 
Assessment Center. Since 1998, this program has provided nearly five 
thousand pieces of equipment to roughly twenty percent of the Nation's 
State and local law enforcement agencies. It has also operated 
efficiently: administrative costs run less than 10 percent of the total 
funding per year.
  I commend Secretary Ridge for his outstanding efforts on the 
monumental challenge of incorporating nearly two-dozen agencies into 
the new Department of Homeland Security. But just as it is our first 
responders who are on the front lines when terrorism strikes, it is our 
law enforcement community, our ``first preventers,'' who can best 
thwart terrorism before it occurs. We must build on Secretary Ridge's 
efforts by helping to ensure that our state and local law enforcement 
agencies have the equipment and training they need.
  I am pleased to have the support from police chiefs and sheriffs 
across America. In fact, the National Sheriffs' Association, the 
International Association of Chiefs of Police, and the Major City 
Policy Chiefs have already voiced their support for this legislation.
  A few weeks ago, the Port Authority of New York and New Jersey 
released transcripts of the 911 tapes from that awful day, more than 
1,800 tragic pages that tell an inspiring story of everyday people 
responding as extraordinary heroes. We in government must not forget 
that story as we proceed with the difficult task we have undertaken, 
one that may never be finished but that must progress. Let every 
September 11, then, be both a day of remembrance and a day when we 
commit ourselves to better protect the citizens of this great Nation.




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