[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Pages S15478-S15479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2209. Mr. FRIST (for Mr. Dodd) proposed an amendment to the bill 
S. 1680, to reauthorize the Defense Production Act of 1950, and for 
other purposes; as follows:

       On page 6, strike line 1 and all that follows through page 
     7, line 2, and insert the following:

      SEC. 7. REPORT ON IMPACT OF OFFSETS ON DOMESTIC CONTRACTORS 
                   AND LOWER TIER SUBCONTRACTORS.

       (a) Examination of Impact Required.--
       (1) In general.--As part of the annual report required 
     under section 309(a) of the Defense Production Act of 1950 
     (50 U.S.C. App. 2099(a)), the Secretary of Commerce (in this 
     section referred to as the ``Secretary'') shall--
       (A) detail the number of foreign contracts involving 
     domestic contractors that use offsets, industrial 
     participation agreements, or similar arrangements during the 
     preceding 5-year period;
       (B) calculate the aggregate, median, and mean values of the 
     contracts and the offsets, industrial participation 
     agreements, and similar arrangements during the preceding 5-
     year period; and
       (C) describe the impact of international or foreign sales 
     of United States defense products and related offsets, 
     industrial participation agreements, and similar arrangements 
     on domestic prime contractors and, to the extent practicable, 
     the first 3 tiers of domestic contractors and subcontractors 
     during the preceding 5-year period in terms of domestic 
     employment, including any job losses, on an annual basis.
       (2) Use of internal documents.--To the extent that the 
     Department of Commerce is already in possession of relevant 
     data, the Department shall use internal documents or existing 
     departmental records to carry out paragraph (1).
       (3) Information from non-federal entities.--
       (A) Existing information.--In carrying out paragraph (1), 
     the Secretary shall only require a non-Federal entity to 
     provide information that is available through the existing 
     data collection and reporting systems of that non-Federal 
     entity.
       (B) Format.--The Secretary may require a non-Federal entity 
     to provide information to the Secretary in the same form that 
     is already provided to a foreign government in fulfilling an 
     offset arrangement, industrial participation agreement, or 
     similar arrangement.
       (b) Report.--
       (1) In general.--Before the end of the 8-month period 
     beginning on the date of enactment of this Act, the Secretary 
     shall submit to Congress a report containing the findings and 
     conclusions of the Secretary with regard to the examination 
     made pursuant to subsection (a).
       (2) Copies of report.--The Secretary shall also transmit 
     copies of the report prepared under paragraph (1) to the 
     United States Trade Representative and the interagency team 
     established pursuant to section 123(c) of the Defense 
     Production Act Amendments of 1992 (50 U.S.C. App. 2099 note).
       (c) Responsibilities Regarding Consultation With Foreign 
     Nations.--Section 123(c) of the Defense Production Act 
     Amendments of 1992 (50 U.S.C. App. 2099 note) is amended to 
     read as follows:
       ``(c) Negotiations.--
       ``(1) Interagency team.--
       ``(A) In general.--It is the policy of Congress that the 
     President shall designate a chairman of an interagency team 
     comprised of the Secretary of Commerce, Secretary of Defense, 
     United States Trade Representative, Secretary of Labor, and 
     Secretary of State to consult with foreign nations on 
     limiting the adverse effects of offsets in defense 
     procurement without damaging the economy or the defense 
     industrial base of the United States or United States defense 
     production or defense preparedness.
       ``(B) Meetings.--The President shall direct the interagency 
     team to meet on a quarterly basis.
       ``(C) Reports.--The President shall direct the interagency 
     team to submit to Congress an annual report, to be included 
     as part of the report required under section 309(a) of the 
     Defense Production Act of 1950 (50 U.S.C. App. 2099(a)), that 
     describes the results of the consultations of the interagency 
     team under subparagraph (A) and the meetings of the 
     interagency team under subparagraph (B).
       ``(2) Recommendations for modifications.--The interagency 
     team shall submit to the President any recommendations for 
     modifications of any existing or proposed memorandum of 
     understanding between officials acting on behalf of the 
     United States and 1 or more foreign countries (or any 
     instrumentality of a foreign country) relating to--
       ``(A) research, development, or production of defense 
     equipment; or
       ``(B) the reciprocal procurement of defense items.''.
                                 ______
                                 
  SA 2210. Mr. FRIST (for Mr. Inhofe (for himself, Mr. Jeffords, Mr. 
Voinovich, and Mrs. Clinton)) proposed an amendment to the bill S. 
1279, to amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to authorize the President to carry out a program for 
the protection of the health and safety of residents, workers, 
volunteers, and others in a disaster area; as follows:

       On page 19, line 16, insert ``, including a local health 
     department,'' after ``institution''.
       On page 21, between lines 18 and 19, insert the following:
       ``(7) Privacy.--The President shall carry out each program 
     under paragraph (1) in accordance with regulations relating 
     to privacy promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note; Public Law 104-191).
       At the end, add the following:

     SEC. 4. PREDISASTER HAZARD MITIGATION.

       Section 203(m) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended 
     by striking ``December 31, 2003'' and inserting ``September 
     30, 2006''.
                                 ______
                                 
  SA 2211. Mr. FRIST (for Mr. McCain (for himself and Mr. Hollings)) 
proposed an amendments to the bill S. 579, to reauthorize the National 
Transportation Safety Board, and for other purposes; as follows:

       On page 2, line 15, strike ``$3,000,000.'' and insert 
     ``$4,000,000.''.
       On page 3, line 6, strike ``paragraph'' and insert 
     ``subsection''.
       On page 3, line 16, strike the closing quotation marks and 
     the second period.
       On page 3, line 17, strike ``(c)'' and insert `` `(d)''.
       On page 3, line 21, insert closing quotation marks and a 
     period after the period.
       On page 5, strike lines 7 through 21, and insert the 
     following:

     SEC. 4. RELIEF FROM CONTRACTING REQUIREMENTS FOR 
                   INVESTIGATIONS SERVICES.

       (a) In General.--From the date of enactment of this Act 
     through September 30, 2006, the National Transportation 
     Safety Board may enter into agreements or contracts under the 
     authority of section 1113 (b)(1)(B) of title 49, United 
     States Code for investigations conducted under section 1131 
     of that title without regard to any other provision of law 
     requiring competition if necessary to expedite the 
     investigation.
       (b) Report on Usage.--On February 1, 2006, the National 
     Transportation Safety Board shall transmit a report to the 
     House of Representatives Committee on Transportation and 
     Infrastructure, the House of Representatives Committee on 
     Government Reform, the Senate Committee on Commerce, Science, 
     and Transportation, and the Senate Committee on Government 
     Affairs that--
       (1) describes each contract for $25,000 or more executed by 
     the Board to which the authority provided by subsection (a) 
     was applied; and
       (2) sets forth the rationale for dispensing with 
     competition requirements with respect to such contract.
       On page 5, after line 21, add the following:

     SEC. 5. ACCIDENT AND SAFETY DATA CLASSIFICATION AND 
                   PUBLICATION.

       Section 1119 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(c) Appeals.--
       ``(1) Notification of rights.--In any case in which an 
     employee of the Board determines that an occurrence 
     associated with the operation of an aircraft constitutes an 
     accident, the employee shall notify the owner or operator of 
     that aircraft of the right to appeal that determination to 
     the Board.
       ``(2) Procedure.--The Board shall establish and publish the 
     procedures for appeals under this subsection.
       ``(3) Limitation on applicability.--This subsection shall 
     not apply in the case of an accident that results in a loss 
     of life.''.

     SEC. 6. SECRETARY OF TRANSPORTATION'S RESPONSES TO SAFETY 
                   RECOMMENDATIONS.

       Section 1135(d) of title 49, United States Code, is amended 
     to read as follows:
       ``(d) Reporting Requirements.--
       ``(1) Annual secretarial regulatory status reports.--On 
     February 1 of each year, the Secretary shall submit a report 
     to Congress and the Board containing the regulatory status of 
     each recommendation made by the Board to the Secretary (or to 
     an Administration within the Department of

[[Page S15479]]

     Transportation) that is on the Board's `most wanted list'. 
     The Secretary shall continue to report on the regulatory 
     status of each such recommendation in the report due on 
     February 1 of subsequent years until final regulatory action 
     is taken on that recommendation or the Secretary (or an 
     Administration within the Department) determines and states 
     in such a report that no action should be taken.
       ``(2) Failure to report.--If on March 1 of each year the 
     Board has not received the Secretary's report required by 
     this subsection, the Board shall notify the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate of the Secretary's failure to 
     submit the required report.
       ``(3) Termination.--This subsection shall cease to be in 
     effect after the report required to be filed on February 1, 
     2008, is filed.''.

     SEC. 7. TECHNICAL AMENDMENTS.

       Section 1131(a)(2) of title 49, United States Code, is 
     amended by moving subparagraphs (B) and (C) 4 ems to the 
     left.

     SEC. 8. DOT INSPECTOR GENERAL INVESTIGATIVE AUTHORITY.

       (a) In General.--Section 228 of the Motor Carrier Safety 
     Improvement Act of 1999 (113 Stat. 1773) is transferred to, 
     and added at the end of, subchapter III of chapter 3 of title 
     49, United States Code, as section 354 of that title.
       (b) Conforming Amendments.--
       (1) The caption of the section is amended to read as 
     follows:

     ``Sec. 354. Investigative authority of Inspector General''.

       (2) The chapter analysis for chapter 3 of title 49, United 
     States Code, is amended by adding at the end the following:

``354. Investigative authority of Inspector General''.

     SEC. 9. REPORTS ON CERTAIN OPEN SAFETY RECOMMENDATIONS.

       (a) Initial Report.--Within 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit a report to Congress and the National Transportation 
     Safety Board containing the regulatory status of each open 
     safety recommendation made by the Board to the Secretary 
     concerning--
       (1) 15-passenger van safety;
       (2) railroad grade crossing safety; and
       (3) medical certifications for a commercial driver's 
     license.
       (b) Biennial Updates.--The Secretary shall continue to 
     report on the regulatory status of each such recommendation 
     (and any subsequent recommendation made by the Board to the 
     Secretary concerning a matter described in paragraph (1), 
     (2), or (3) of subsection (a)) at 2-year intervals until--
       (1) final regulatory action has been taken on the 
     recommendation;
       (2) the Secretary determines, and states in the report, 
     that no action should be taken on that recommendation; or
       (3) the report, if any, required to be submitted in 2008 is 
     submitted.
       (c) Failure To Report.--If the Board has not received a 
     report required to be submitted under subsection (a) or (b) 
     within 30 days after the date on which that report is 
     required to be submitted, the Board shall notify the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.

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