[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[Senate]
[Pages 11241-11249]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

   AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2001

                                 ______
                                 

                 LEVIN (AND OTHERS) AMENDMENT NO. 3457

  (Ordered to lie on the table.)
  Mr. LEVIN (for himself, Ms. Collins, Mr. Schumer, Mr. Jeffords, Mrs. 
Murray, Ms. Snowe, Mr. Moynihan, Mr. Leahy, Mr. Rockefeller, Mr. Robb, 
and Mr. Durbin) submitted an amendment intended to be proposed by them 
to the bill (S. 2536) making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2001, and for other 
purposes; as follows:

       On page 75, between lines 16 and 17, insert the following:
       Sec. 7__. Apple Market Loss Assistance and Quality Loss 
     Payments for Apples and Potatoes.--(a) Apple Market Loss 
     Assistance.--
       (1) In general.--In order to provide relief for loss of 
     markets for apples, the Secretary of Agriculture shall use 
     $100,000,000 of funds of the Commodity Credit Corporation to 
     make payments to apple producers.
       (2) Payment quantity.--
       (A) In general.--Subject to subparagraph (B), the payment 
     quantity of apples for which the producers on a farm are 
     eligible for payments under this subsection shall be equal to 
     the average quantity of the 1994 through 1999 crops of apples 
     produced by the producers on the farm.
       (B) Maximum quantity.--The payment quantity of apples for 
     which the producers on a farm are eligible for payments under 
     this subsection shall not exceed 1,600,000 pounds of apples 
     produced on the farm.
       (b) Quality Loss Payments for Apples and Potatoes.--In 
     addition to the assistance provided under subsection (a), the 
     Secretary shall use $15,000,000 of funds of the Commodity 
     Credit Corporation to make payments to apple producers, and 
     potato producers, that suffered quality losses to the 1999 
     crop of potatoes and apples, respectively, due to, or related 
     to, a 1999 hurricane or other weather-related disaster.
       (c) Nonduplication of Payments.--A producer shall be 
     ineligible for payments under this section with respect to a 
     market or quality loss for apples or potatoes to the extent 
     that the producer is eligible for compensation or assistance 
     for the loss under any other Federal program, other than the 
     Federal crop insurance program established under the Federal 
     Crop Insurance Act (7 U.S.C. 1501 et seq.).
       (d) Emergency Requirement.--
       (1) In General.--The entire amount necessary to carry out 
     this section shall be available only to the extent that an 
     official budget request for the entire amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement under the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is 
     transmitted by the President to Congress.
       (2) Designation.--The entire amount necessary to carry out 
     this section is designated by Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of that Act (2 
     U.S.C. 901(b)(2)(A)).

 Mr. LEVIN. Mr. President, I rise today to introduce an 
amendment to the Senate Agriculture, Rural Development, Food and Drug 
Administration and Related Agencies Appropriations Bill that seeks to 
provide much needed assistance to our nation's apple and potato 
farmers. In the past three years, due to weather related disasters, 
disease and the dumping of Chinese apply juice concentrate, our 
nation's apple producers have lost over three-quarters of a billion 
dollars in revenue. Likewise, potato producers in much of the country 
have struggled to overcome adverse weather conditions which have 
reduced the value of or, in some cases, destroyed their crops. This has 
left many growers on the brink of financial disaster.
  In the past two years, Congress has assisted America's farmers by 
providing substantial assistance to agricultural producers. However, 
apple and potato producers received little, if any, of that assistance. 
The $115 million in assistance we are proposing will help these 
producers, and ensure that apple and potato growers will be able to 
provide the United States and the world with a quality product that is 
second to none.
  Mr. President I am proud to introduce this legislation that will 
directly assist our nation's apple and potato growers, and I urge all 
Senators to support me in this matter.
                                 ______
                                 

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                 ______
                                 

                       McCAIN AMENDMENT NO. 3458

  Mr. WARNER (for Mr. McCain) proposed an amendment to the bill (S. 
2549) to authorize appropriations for fiscal year 2001 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
personnel strengths for such fiscal year of the Armed Forces, and for 
other purposes, as follows:

       On page 239, following line 22, add the following:

     SEC. 656. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS 
                   DUTY TO ASSIST.

       (a) In General.--Section 5107 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 5107 Assistance to claimants; benefit of the doubt; 
       burden of proof

       ``(a) The Secretary shall assist a claimant in developing 
     all facts pertinent to a claim for benefits under this title. 
     Such assistance shall include requesting information as 
     described in section 5106 of this title. The Secretary shall 
     provide a medical examination when such examination may 
     substantiate entitlement to the benefits sought. The 
     Secretary may decide a claim without providing assistance 
     under this subsection when no reasonable possibility exists 
     that such assistance will aid in the establishment of 
     entitlement.
       ``(b) The Secretary shall consider all evidence and 
     material of record in a case before the Department with 
     respect to benefits under laws administered by the Secretary 
     and shall give the claimant the benefit of the doubt when 
     there is an approximate balance of positive and negative 
     evidence regarding any issue material to the determination of 
     the matter.
       ``(c) Except when otherwise provided by this title or by 
     the Secretary in accordance with the provisions of this 
     title, a person who submits a claim for benefits under a law 
     administered by the Secretary shall have the burden of 
     proof.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 51 of that title is amended by striking 
     the item relating to section 5017 and inserting the following 
     new item:

``5107 Assistance to claimants; benefit of the doubt; burden of 
              proof.''.
                                 ______
                                 

                        DODD AMENDMENT NO. 3459

  Mr. LEVIN (for Mr. Dodd) proposed an amendment to the bill, S. 2549, 
supra; as follows:

       On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. AUTHORITY TO PROVIDE HEADSTONES OR MARKERS FOR 
                   MARKED GRAVES OR OTHERWISE COMMEMORATE CERTAIN 
                   INDIVIDUALS.

       (a) In General.--Section 2306 of title 38, United States 
     Code, is amended--
       (1) in subsections (a) and (e)(1), by striking ``the 
     unmarked graves of''; and
       (2) by adding at the end the following:

[[Page 11242]]

       ``(f) A headstone or marker furnished under subsection (a) 
     shall be furnished, upon request, for the marked grave or 
     unmarked grave of the individual or at another area 
     appropriate for the purpose of commemorating the 
     individual.''.
       (b) Applicability.--(1) Except as provided in paragraph 
     (2), the amendment to subsection (a) of section 2306 of title 
     38, United States Code, made by subsection (a) of this 
     section, and subsection (f) of such section 2306, as added by 
     subsection (a) of this section, shall apply with respect to 
     burials occurring before, on, or after the date of the 
     enactment of this Act.
       (2) The amendments referred to in paragraph (1) shall not 
     apply in the case of the grave for any individual who died 
     before November 1, 1990, for which the Administrator of 
     Veterans' Affairs provided reimbursement in lieu of 
     furnishing a headstone or marker under subsection (d) of 
     section 906 of title 38, United States Code, as such 
     subsection was in effect after September 30, 1978, and before 
     November 1, 1990.
                                 ______
                                 

                       WARNER AMENDMENT NO. 3460

  Mr. WARNER proposed an amendment to the bill, S. 2549, supra; as 
follows:

       On page 17, line 7, strike ``$1,479,950,000'' and insert 
     ``$1,509,950,000''.
       On page 17, line 5, strike ``$8,745,958,000'' and insert 
     ``$8,715,958,000''.
                                 ______
                                 

               CLELAND (AND COVERDELL) AMENDMENT NO. 3461

  Mr. LEVIN (for Mr. Cleland (for himself, and Mr. Coverdell)) proposed 
an amendment to the bill, S. 2549, supra; as follows:

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. PRECISION LOCATION AND IDENTIFICATION PROGRAM 
                   (PLAID).

       (a) Increase in Amount.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $8,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(3), as increased by paragraph (1), the amount available 
     for Electronic Warfare Development (PE604270F) is hereby 
     increased by $8,000,000, with the amount of such increase 
     available for the Precision Location and Identification 
     Program (PLAID).
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army is hereby decreased by $8,000,000, 
     with the amount of the reduction applied to Electronic 
     Warfare Development (PE604270A).
                                 ______
                                 

                       WARNER AMENDMENT NO. 3642

  Mr. WARNER proposed an amendment to the bill, S. 2549, supra; as 
follows:

       On page 17, line 7, strike ``$1,479,950,000'' and insert 
     ``$1,509,950,000''.
       On page 17, line 5, strike ``$8,745,958,000'' and insert 
     ``$8,715,958,000''.
                                 ______
                                 

                      LANDRIEU AMENDMENT NO. 3463

  Mr. LEVIN (for Ms. Landrieu) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 378, between lines 19 and 20, insert the following:

     SEC. 1027. REPORT ON SUBMARINE RESCUE SUPPORT VESSELS.

       (a) Requirement.--The Secretary of the Navy shall submit to 
     Congress, together with the submission of the budget of the 
     President for fiscal year 2002 under section 1105 of title 
     31, United States Code, a report on the plan of the Navy for 
     providing for submarine rescue support vessels through fiscal 
     year 2007.
       (b) Content.--The report shall include a discussion of the 
     following:
       (1) The requirement for submarine rescue support vessels 
     through fiscal year 2007, including experience in changing 
     from the provision of such vessels from dedicated platforms 
     to the provision of such vessels through vessel of 
     opportunity services and charter vessels.
       (2) The resources required, the risks to submariners, and 
     the operational impacts of the following:
       (A) Chartering submarine rescue support vessels for terms 
     of up to five years, with options to extend the charters for 
     two additional five-year periods.
       (B) Providing submarine rescue support vessels using vessel 
     of opportunity services.
       (C) Providing submarine rescue support services through 
     other means considered by the Navy.
                                 ______
                                 

                       WARNER AMENDMENT NO. 3464

  Mr. WARNER proposed an amendment to the bill, S. 2549, supra; as 
follows:

       On page 303, between lines 6 and 7, insert the following:

     SEC. 814. STUDY OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR 
                   A-76 PROCESS.

       (a) GAO-Convened Panel.--The Comptroller General shall 
     convene a panel of experts to study rules, and the 
     administration of the rules, governing the selection of 
     sources for the performance of commercial or industrial 
     functions for the Federal Government from between public and 
     private sector sources, including public-private competitions 
     pursuant to the Office of Management and Budget Circular A-
     76. The Comptroller General shall be the chairman of the 
     panel.
       (b) Composition of Panel.--(1) The Comptroller General 
     shall appoint highly qualified and knowledgeable persons to 
     serve on the panel and shall ensure that the following groups 
     receive fair representation on the panel:
       (A) Officers and employees of the United States.
       (B) Persons in private industry.
       (C) Federal labor organizations.
       (2) For the purposes of the requirement for fair 
     representation under paragraph (1), persons serving on the 
     panel under subparagraph (C) of that paragraph shall not be 
     counted as persons serving on the panel under subparagraph 
     (A) or (B) of that paragraph.
       (c) Participation by Other Interested Parties.--The 
     Comptroller General shall ensure that the opportunity to 
     submit information and views on the Office of Management and 
     Budget Circular A-76 process to the panel for the purposes of 
     the study is accorded to all interested parties, including 
     officers and employees of the United States not serving on 
     the panel and entities in private industry and 
     representatives of federal labor organizations not 
     represented on the panel.
       (d) Information From Agencies.--The panel may secure 
     directly from any department or agency of the United States 
     any information that the panel considers necessary to carry 
     out a meaningful study of administration of the rules 
     described in subsection (a), including the Office of 
     Management and Budget Circular A-76 process. Upon the request 
     of the Chairman of the panel, the head of such department or 
     agency shall furnish the requested information to the panel.
       (e) Report.--The Comptroller General shall submit a report 
     on the results of the study to Congress.
       (f) Definition.--In this section, the term ``federal labor 
     organization'' has the meaning given the term ``labor 
     organization'' in section 7103(a)(4) of title 5, United 
     States Code.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 3465

  Mr. LEVIN (for Mrs. Feinstein) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 543, strike line 20 and insert the following:

                    Part III--Air Force Conveyances

     SEC. 2861. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE, 
                   CALIFORNIA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, by sale or lease upon such terms as the Secretary 
     considers appropriate, all or any portion of the following 
     parcels of real property, including improvements thereon, at 
     Los Angeles Air Force Base, California:
       (1) Approximately 42 acres in El Segundo, California, 
     commonly known as Area A.
       (2) Approximately 52 acres in El Segundo, California, 
     commonly known as Area B.
       (3) Approximately 13 acres in Hawthorne, California, 
     commonly known as the Lawndale Annex.
       (4) Approximately 3.7 acres in Sun Valley, California, 
     commonly known as the Armed Forces Radio and Television 
     Service Broadcast Center.
       (b) Consideration.--As consideration for the conveyance of 
     real property under subsection (a), the recipient of the 
     property shall provide for the design and construction on 
     real property acceptable to the Secretary of one or more 
     facilities to consolidate the mission and support functions 
     at Los Angeles Air Force Base. Any such facility must comply 
     with the seismic and safety design standards for Los Angeles 
     County, California, in effect at the time the Secretary takes 
     possession of the facility.
       (c) Leaseback Authority.--If the fair market value of a 
     facility to be provided as consideration for the conveyance 
     of real property under subsection (a) exceeds the fair market 
     value of the conveyed property, the Secretary may enter into 
     a lease for the facility for a period not to exceed 10 years. 
     Rental payments under the lease shall be established at the 
     rate necessary to permit the lessor to recover, by the end of 
     the lease term, the difference between the fair market value 
     of a facility and the fair market value of the conveyed 
     property. At the end of the lease, all right, title, and 
     interest in the facility shall vest in the United States.
       (d) Appraisal of Property.--The Secretary shall obtain an 
     appraisal of the fair market value of all property and 
     facilities to be sold, leased, or acquired under this 
     section. An appraisal shall be made by a qualified appraiser 
     familiar with the type of property to be appraised. The 
     Secretary shall consider the appraisals in determining

[[Page 11243]]

     whether a proposed conveyance accomplishes the purpose of 
     this section and is in the interest of the United States. 
     Appraisal reports shall not be released outside of the 
     Federal Government, other than the other party to a 
     conveyance.
       (e) Description of Property.--The exact acreage and legal 
     description of real property to be conveyed under subsection 
     (a) or acquired under subsection (b) shall be determined by a 
     survey satisfactory to the Secretary. The cost of the survey 
     shall be borne by the recipient of the property.
       (f) Exemption.--Section 2696 of title 10, United States 
     Code, does not apply to the conveyance authorized by 
     subsection (a).
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance under subsection (a) or a lease under 
     subsection (c) as the Secretary considers appropriate to 
     protect the interests of the United States.

                 Part IV--Defense Agencies Conveyances

                                 ______
                                 

                      SANTORUM AMENDMENT NO. 3466

  Mr. WARNER (for Mr. Santorum) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 31, between lines 18 and 19, insert the following:

     SEC. 126. REMANUFACTURED AV-8B AIRCRAFT.

       Of the amount authorized to be appropriated by section 
     102(a)(1)--
       (1) $318,646,000 is available for the procurement of 
     remanufactured AV-8B aircraft;
       (2) $15,200,000 is available for the procurement of UC-35 
     aircraft;
       (3) $3,300,000 is available for the procurement of 
     automatic flight control systems for EA-6B aircraft; and
       (4) $46,000,000 is available for engineering change 
     proposal 583 for FA-18 aircraft.
                                 ______
                                 

                      LANDRIEU AMENDMENT NO. 3467

  Mr. LEVIN (for Ms. Landrieu) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. NAVY INFORMATION TECHNOLOGY CENTER AND HUMAN 
                   RESOURCE ENTERPRISE STRATEGY.

       (a) Availability of Increased Amount.--(1) Of the amount 
     authorized to be appropriated by section 201(2), for 
     research, development, test, and evaluation for the Navy, 
     $5,000,000 shall be available for the Navy Program Executive 
     Office for Information Technology for purposes of the 
     Information Technology Center and for the Human Resource 
     Enterprise Strategy implemented under section 8147 of the 
     Department of Defense Appropriations Act, 1999 (Public Law 
     105-262; 112 Stat. 2341; 10 U.S.C. 113 note).
       (2) Amounts made available under paragraph (1) for the 
     purposes specified in that paragraph are in addition to any 
     other amounts made available under this Act for such 
     purposes.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(2), the amount available for Marine Corps Assault 
     Vehicles (PE603611M) is hereby reduced by $5,000,000.
                                 ______
                                 

                       WARNER AMENDMENT NO. 3468

  Mr. WARNER proposed an amendment to the bill, S. 2549, supra; as 
follows:

       On page 17, line 13, strike ``$1,181,035,000'' and insert 
     ``$1,191,035,000''.
       On page 16, line 22, strike ``$4,068,570,000'' and insert 
     ``$4,058,570,000''.
                                 ______
                                 

                       KENNEDY AMENDMENT NO. 3469

  Mr. LEVIN (for Mr. Kennedy) proposed an amendment to amendment No. 
3383 previously proposed to the bill, S. 2549, supra; as follows:

       On page 2, strike line 24 and all that follows through page 
     3, line 3, and insert the following:
       (d) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide is hereby decreased by $5,000,000, 
     with the amount of such decrease applied to computing systems 
     and communications technology (PE602301E).
                                 ______
                                 

                 WARNER (AND OTHERS) AMENDMENT NO. 3470

  Mr. WARNER (for himself, Mr. Hutchinson, and Mr. Cleland) proposed an 
amendment to the bill, S. 2549, supra; as follows:

       On page 200, after line 23, insert the following:

     SEC. 566. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS 
                   SUBJECT TO LENGTHY OR NUMEROUS DEPLOYMENTS.

       (a) Management of Deployments of Members.--Section 586(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2000 (Public Law 106-65; 113 Stat. 637) is amended in the 
     text of section 991 of title 10, United States Code, set 
     forth in such section 586(a)--
       (1) in subsection (a), by striking ``an officer in the 
     grade of general or admiral'' in the second sentence and 
     inserting ``the designated component commander for the 
     member's armed force''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``or homeport, as the 
     case may'' before the period at the end;
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) In the case of a member of a reserve component 
     performing active service, the member shall be considered 
     deployed or in a deployment for the purposes of paragraph (1) 
     on any day on which, pursuant to orders that do not establish 
     a permanent change of station, the member is performing the 
     active service at a location that--
       ``(A) is not the member's permanent training site; and
       ``(B) is--
       ``(i) at least 100 miles from the member's permanent 
     residence; or
       ``(ii) a lesser distance from the member's permanent 
     residence that, under the circumstances applicable to the 
     member's travel, is a distance that requires at least three 
     hours of travel to traverse.''; and
       (D) in paragraph (3), as redesignated by subparagraph (B) 
     of this paragraph--
       (i) by striking ``or'' at the end of subparagraph (A);
       (ii) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(C) unavailable solely because of--
       ``(i) a hospitalization of the member at the member's 
     permanent duty station or homeport or in the immediate 
     vicinity of the member's permanent residence; or
       ``(ii) a disciplinary action taken against the member.''.
       (b) Associated Per Diem Allowance.--Section 586(b) of that 
     Act (113 Stat. 638) is amended in the text of section 435 of 
     title 37, United States Code, set forth in such section 
     586(b)--
       (1) in subsection (a), by striking ``251 days or more out 
     of the preceding 365 days'' and inserting ``501 or more days 
     out of the preceding 730 days''; and
       (2) in subsection (b), by striking ``prescribed under 
     paragraph (3)'' and inserting ``prescribed under paragraph 
     (4)''.
       (c) Review of Management of Deployments of Individual 
     Members.-- Not later than March 31, 2002, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     administration of section 991 of title 10, United States Code 
     (as added by section 586(a) of the National Defense 
     Authorization Act for Fiscal Year 2000), during the first 
     year that such section 991 is in effect. The report shall 
     include--
       (1) a discussion of the experience in tracking and 
     recording the deployments of members of the Armed Forces; and
       (2) any recommendations for revision of such section 991 
     that the Secretary considers appropriate.

     SEC. 567. EXTENSION OF TRICARE MANAGED CARE SUPPORT 
                   CONTRACTS.

       (a) Authority.--Notwithstanding any other provision of law, 
     the TRICARE managed care support contracts in effect, or in 
     final stages of acquisition as of September 30, 1999, may be 
     extended for four years, subject to subsection (b).
       (b) Conditions.--Any extension of a contract under 
     paragraph (1)--
       (1) may be made only if the Secretary of Defense determines 
     that it is in the best interest of the Government to do so; 
     and
       (2) shall be based on the price in the final best and final 
     offer for the last year of the existing contract as adjusted 
     for inflation and other factors mutually agreed to by the 
     contractor and the Government.
                                 ______
                                 

                       SCHUMER AMENDMENT NO. 3471

  Mr. LEVIN (for Mr. Schumer) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 378, between lines 19 and 20, insert the following:

     SEC. 1027. REPORTS ON FEDERAL GOVERNMENT PROGRESS IN 
                   DEVELOPING INFORMATION ASSURANCE STRATEGIES.

       (a) Findings.--Congress makes the following findings:
       (1) The protection of our Nation's critical infrastructure 
     is of paramount importance to the security of the United 
     States.
       (2) The vulnerability of our Nation's critical sectors--
     such as financial services, transportation, communications, 
     and energy and water supply--has increased dramatically in 
     recent years as our economy and society have become ever more 
     dependent on interconnected computer systems.
       (3) Threats to our Nation's critical infrastructure will 
     continue to grow as foreign governments, terrorist groups, 
     and cyber-criminals increasingly focus on information warfare 
     as a method of achieving their aims.
       (4) Addressing the computer-based risks to our Nation's 
     critical infrastructure requires extensive coordination and 
     cooperation within and between Federal agencies and the 
     private sector.
       (5) Presidential Decision Directive No. 63 (PDD-63) 
     identifies 12 areas critical to the

[[Page 11244]]

     functioning of the United States and requires certain Federal 
     agencies, and encourages private sector industries, to 
     develop and comply with strategies intended to enhance the 
     Nation's ability to protect its critical infrastructure.
       (6) PDD-63 requires lead Federal agencies to work with 
     their counterparts in the private sector to create early 
     warning information sharing systems and other cyber-security 
     strategies.
       (7) PDD-63 further requires that key Federal agencies 
     develop their own internal information assurance plans, and 
     that these plans be fully operational not later than May 
     2003.
       (b) Report Requirements.--(1) Not later than July 1, 2001, 
     the President shall submit to Congress a comprehensive report 
     detailing the specific steps taken by the Federal Government 
     as of the date of the report to develop infrastructure 
     assurance strategies as outlined by Presidential Decision 
     Directive No. 63 (PDD-63). The report shall include the 
     following:
       (A) A detailed summary of the progress of each Federal 
     agency in developing an internal information assurance plan.
       (B) The progress of Federal agencies in establishing 
     partnerships with relevant private sector industries.
       (2) Not later than 120 days after the date of the enactment 
     of this Act, the Secretary of Defense shall submit to 
     Congress a detailed report on the roles and responsibilities 
     of the Department of Defense in defending against attacks on 
     critical infrastructure and critical information-based 
     systems. The report shall include the following:
       (A) A description of the current role of the Department of 
     Defense in implementing Presidential Decision Directive No. 
     63 (PDD-63).
       (B) A description of the manner in which the Department is 
     integrating its various capabilities and assets (including 
     the Army Land Information Warfare Activity (LIWA), the Joint 
     Task Force on Computer Network Defense (JTF-CND), and the 
     National Communications System) into an indications and 
     warning architecture.
       (C) A description of Department work with the intelligence 
     community to identify, detect, and counter the threat of 
     information warfare programs by potentially hostile foreign 
     national governments and sub-national groups.
       (D) A definitions of the terms ``nationally significant 
     cyber event'' and ``cyber reconstitution''.
       (E) A description of the organization of Department to 
     protect its foreign-based infrastructure and networks.
       (F) An identification of the elements of a defense against 
     an information warfare attack, including the integration of 
     the Computer Network Attack Capability of the United States 
     Space Command into the overall cyber-defense of the United 
     States.
                                 ______
                                 

                THOMPSON (AND OTHERS) AMENDMENT NO. 3472

  Mr. WARNER (for Mr. Thompson (for himself, Mr. Lieberman, Mr. Akaka, 
Mr. Cleland, Mr. Voinovich, Mr. Abraham, Mr. Helms, and Ms. Collins)) 
proposed an amendment to the bill, S. 2549, supra; as follows:

       On page 471, between lines 8 and 9, insert the following:

           TITLE XIV--GOVERNMENT INFORMATION SECURITY REFORM

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Government Information 
     Security Act''.

     SEC. 1402. COORDINATION OF FEDERAL INFORMATION POLICY.

       Chapter 35 of title 44, United States Code, is amended by 
     inserting at the end the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

     ``Sec. 3531. Purposes

       ``The purposes of this subchapter are to--
       ``(1) provide a comprehensive framework for establishing 
     and ensuring the effectiveness of controls over information 
     resources that support Federal operations and assets;
       ``(2)(A) recognize the highly networked nature of the 
     Federal computing environment including the need for Federal 
     Government interoperability and, in the implementation of 
     improved security management measures, assure that 
     opportunities for interoperability are not adversely 
     affected; and
       ``(B) provide effective governmentwide management and 
     oversight of the related information security risks, 
     including coordination of information security efforts 
     throughout the civilian, national security, and law 
     enforcement communities;
       ``(3) provide for development and maintenance of minimum 
     controls required to protect Federal information and 
     information systems; and
       ``(4) provide a mechanism for improved oversight of Federal 
     agency information security programs.

     ``Sec. 3532. Definitions

       ``(a) Except as provided under subsection (b), the 
     definitions under section 3502 shall apply to this 
     subchapter.
       ``(b) As used in this subchapter the term--
       ``(1) `information technology' has the meaning given that 
     term in section 5002 of the Clinger-Cohen Act of 1996 (40 
     U.S.C. 1401); and
       ``(2) `mission critical system' means any 
     telecommunications or information system used or operated by 
     an agency or by a contractor of an agency, or other 
     organization on behalf of an agency, that--
       ``(A) is defined as a national security system under 
     section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
     1452);
       ``(B) is protected at all times by procedures established 
     for information which has been specifically authorized under 
     criteria established by an Executive order or an Act of 
     Congress to be classified in the interest of national defense 
     or foreign policy; or
       ``(C) processes any information, the loss, misuse, 
     disclosure, or unauthorized access to or modification of, 
     would have a debilitating impact on the mission of an agency.

     ``Sec. 3533. Authority and functions of the Director

       ``(a)(1) The Director shall establish governmentwide 
     policies for the management of programs that--
       ``(A) support the cost-effective security of Federal 
     information systems by promoting security as an integral 
     component of each agency's business operations; and
       ``(B) include information technology architectures as 
     defined under section 5125 of the Clinger-Cohen Act of 1996 
     (40 U.S.C. 1425).
       ``(2) Policies under this subsection shall--
       ``(A) be founded on a continuing risk management cycle that 
     recognizes the need to--
       ``(i) identify, assess, and understand risk; and
       ``(ii) determine security needs commensurate with the level 
     of risk;
       ``(B) implement controls that adequately address the risk;
       ``(C) promote continuing awareness of information security 
     risk; and
       ``(D) continually monitor and evaluate policy and control 
     effectiveness of information security practices.
       ``(b) The authority under subsection (a) includes the 
     authority to--
       ``(1) oversee and develop policies, principles, standards, 
     and guidelines for the handling of Federal information and 
     information resources to improve the efficiency and 
     effectiveness of governmental operations, including 
     principles, policies, and guidelines for the implementation 
     of agency responsibilities under applicable law for ensuring 
     the privacy, confidentiality, and security of Federal 
     information;
       ``(2) consistent with the standards and guidelines 
     promulgated under section 5131 of the Clinger-Cohen Act of 
     1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer 
     Security Act of 1987 (40 U.S.C. 1441 note; Public Law 100-
     235; 101 Stat. 1729), require Federal agencies to identify 
     and afford security protections commensurate with the risk 
     and magnitude of the harm resulting from the loss, misuse, or 
     unauthorized access to or modification of information 
     collected or maintained by or on behalf of an agency;
       ``(3) direct the heads of agencies to--
       ``(A) identify, use, and share best security practices;
       ``(B) develop an agency-wide information security plan;
       ``(C) incorporate information security principles and 
     practices throughout the life cycles of the agency's 
     information systems; and
       ``(D) ensure that the agency's information security plan is 
     practiced throughout all life cycles of the agency's 
     information systems;
       ``(4) oversee the development and implementation of 
     standards and guidelines relating to security controls for 
     Federal computer systems by the Secretary of Commerce through 
     the National Institute of Standards and Technology under 
     section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
     1441) and section 20 of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278g-3);
       ``(5) oversee and coordinate compliance with this section 
     in a manner consistent with--
       ``(A) sections 552 and 552a of title 5;
       ``(B) sections 20 and 21 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4);
       ``(C) section 5131 of the Clinger-Cohen Act of 1996 (40 
     U.S.C. 1441);
       ``(D) sections 5 and 6 of the Computer Security Act of 1987 
     (40 U.S.C. 1441 note; Public Law 100-235; 101 Stat. 1729); 
     and
       ``(E) related information management laws; and
       ``(6) take any authorized action under section 5113(b)(5) 
     of the Clinger-Cohen Act of 1996 (40 U.S.C. 1413(b)(5)) that 
     the Director considers appropriate, including any action 
     involving the budgetary process or appropriations management 
     process, to enforce accountability of the head of an agency 
     for information resources management, including the 
     requirements of this subchapter, and for the investments made 
     by the agency in information technology, including--
       ``(A) recommending a reduction or an increase in any amount 
     for information resources that the head of the agency 
     proposes for the budget submitted to Congress under section 
     1105(a) of title 31;

[[Page 11245]]

       ``(B) reducing or otherwise adjusting apportionments and 
     reapportionments of appropriations for information resources; 
     and
       ``(C) using other authorized administrative controls over 
     appropriations to restrict the availability of funds for 
     information resources.
       ``(c) The authorities of the Director under this section 
     may be delegated--
       ``(1) to the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President in the case of systems described under 
     subparagraphs (A) and (B) of section 3532(b)(2); and
       ``(2) in the case of all other Federal information systems, 
     only to the Deputy Director for Management of the Office of 
     Management and Budget.

     ``Sec. 3534. Federal agency responsibilities

       ``(a) The head of each agency shall--
       ``(1) be responsible for--
       ``(A) adequately ensuring the integrity, confidentiality, 
     authenticity, availability, and nonrepudiation of information 
     and information systems supporting agency operations and 
     assets;
       ``(B) developing and implementing information security 
     policies, procedures, and control techniques sufficient to 
     afford security protections commensurate with the risk and 
     magnitude of the harm resulting from unauthorized disclosure, 
     disruption, modification, or destruction of information 
     collected or maintained by or for the agency; and
       ``(C) ensuring that the agency's information security plan 
     is practiced throughout the life cycle of each agency system;
       ``(2) ensure that appropriate senior agency officials are 
     responsible for--
       ``(A) assessing the information security risks associated 
     with the operations and assets for programs and systems over 
     which such officials have control;
       ``(B) determining the levels of information security 
     appropriate to protect such operations and assets; and
       ``(C) periodically testing and evaluating information 
     security controls and techniques;
       ``(3) delegate to the agency Chief Information Officer 
     established under section 3506, or a comparable official in 
     an agency not covered by such section, the authority to 
     administer all functions under this subchapter including--
       ``(A) designating a senior agency information security 
     official who shall report to the Chief Information Officer or 
     a comparable official;
       ``(B) developing and maintaining an agencywide information 
     security program as required under subsection (b);
       ``(C) ensuring that the agency effectively implements and 
     maintains information security policies, procedures, and 
     control techniques;
       ``(D) training and overseeing personnel with significant 
     responsibilities for information security with respect to 
     such responsibilities; and
       ``(E) assisting senior agency officials concerning 
     responsibilities under paragraph (2);
       ``(4) ensure that the agency has trained personnel 
     sufficient to assist the agency in complying with the 
     requirements of this subchapter and related policies, 
     procedures, standards, and guidelines; and
       ``(5) ensure that the agency Chief Information Officer, in 
     coordination with senior agency officials, periodically--
       ``(A)(i) evaluates the effectiveness of the agency 
     information security program, including testing control 
     techniques; and
       ``(ii) implements appropriate remedial actions based on 
     that evaluation; and
       ``(B) reports to the agency head on--
       ``(i) the results of such tests and evaluations; and
       ``(ii) the progress of remedial actions.
       ``(b)(1) Each agency shall develop and implement an 
     agencywide information security program to provide 
     information security for the operations and assets of the 
     agency, including operations and assets provided or managed 
     by another agency.
       ``(2) Each program under this subsection shall include--
       ``(A) periodic risk assessments that consider internal and 
     external threats to--
       ``(i) the integrity, confidentiality, and availability of 
     systems; and
       ``(ii) data supporting critical operations and assets;
       ``(B) policies and procedures that--
       ``(i) are based on the risk assessments required under 
     subparagraph (A) that cost-effectively reduce information 
     security risks to an acceptable level; and
       ``(ii) ensure compliance with--
       ``(I) the requirements of this subchapter;
       ``(II) policies and procedures as may be prescribed by the 
     Director; and
       ``(III) any other applicable requirements;
       ``(C) security awareness training to inform personnel of--
       ``(i) information security risks associated with the 
     activities of personnel; and
       ``(ii) responsibilities of personnel in complying with 
     agency policies and procedures designed to reduce such risks;
       ``(D)(i) periodic management testing and evaluation of the 
     effectiveness of information security policies and 
     procedures; and
       ``(ii) a process for ensuring remedial action to address 
     any significant deficiencies; and
       ``(E) procedures for detecting, reporting, and responding 
     to security incidents, including--
       ``(i) mitigating risks associated with such incidents 
     before substantial damage occurs;
       ``(ii) notifying and consulting with law enforcement 
     officials and other offices and authorities;
       ``(iii) notifying and consulting with an office designated 
     by the Administrator of General Services within the General 
     Services Administration; and
       ``(iv) notifying and consulting with an office designated 
     by the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President for incidents involving systems described under 
     subparagraphs (A) and (B) of section 3532(b)(2).
       ``(3) Each program under this subsection is subject to the 
     approval of the Director and is required to be reviewed at 
     least annually by agency program officials in consultation 
     with the Chief Information Officer. In the case of systems 
     described under subparagraphs (A) and (B) of section 
     3532(b)(2), the Director shall delegate approval authority 
     under this paragraph to the Secretary of Defense, the 
     Director of Central Intelligence, and other agency head as 
     designated by the President.
       ``(c)(1) Each agency shall examine the adequacy and 
     effectiveness of information security policies, procedures, 
     and practices in plans and reports relating to--
       ``(A) annual agency budgets;
       ``(B) information resources management under the Paperwork 
     Reduction Act of 1995 (44 U.S.C. 101 note);
       ``(C) performance and results based management under the 
     Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.);
       ``(D) program performance under sections 1105 and 1115 
     through 1119 of title 31, and sections 2801 through 2805 of 
     title 39; and
       ``(E) financial management under--
       ``(i) chapter 9 of title 31, United States Code, and the 
     Chief Financial Officers Act of 1990 (31 U.S.C. 501 note; 
     Public Law 101-576) (and the amendments made by that Act);
       ``(ii) the Federal Financial Management Improvement Act of 
     1996 (31 U.S.C. 3512 note) (and the amendments made by that 
     Act); and
       ``(iii) the internal controls conducted under section 3512 
     of title 31.
       ``(2) Any significant deficiency in a policy, procedure, or 
     practice identified under paragraph (1) shall be reported as 
     a material weakness in reporting required under the 
     applicable provision of law under paragraph (1).
       ``(d)(1) In addition to the requirements of subsection (c), 
     each agency, in consultation with the Chief Information 
     Officer, shall include as part of the performance plan 
     required under section 1115 of title 31 a description of--
       ``(A) the time periods; and
       ``(B) the resources, including budget, staffing, and 
     training,
     which are necessary to implement the program required under 
     subsection (b)(1).
       ``(2) The description under paragraph (1) shall be based on 
     the risk assessment required under subsection (b)(2)(A).

     ``Sec. 3535. Annual independent evaluation

       ``(a)(1) Each year each agency shall have performed an 
     independent evaluation of the information security program 
     and practices of that agency.
       ``(2) Each evaluation under this section shall include--
       ``(A) an assessment of compliance with--
       ``(i) the requirements of this subchapter; and
       ``(ii) related information security policies, procedures, 
     standards, and guidelines; and
       ``(B) tests of the effectiveness of information security 
     control techniques.
       ``(3) The Inspector General or the independent evaluator 
     performing an evaluation under this section including the 
     Comptroller General may use any audit, evaluation, or report 
     relating to programs or practices of the applicable agency.
       ``(b)(1)(A) Subject to subparagraph (B), for agencies with 
     Inspectors General appointed under the Inspector General Act 
     of 1978 (5 U.S.C. App.) or any other law, the annual 
     evaluation required under this section or, in the case of 
     systems described under subparagraphs (A) and (B) of section 
     3532(b)(2), an audit of the annual evaluation required under 
     this section, shall be performed by the Inspector General or 
     by an independent evaluator, as determined by the Inspector 
     General of the agency.
       ``(B) For systems described under subparagraphs (A) and (B) 
     of section 3532(b)(2), the evaluation required under this 
     section shall be performed only by an entity designated by 
     the Secretary of Defense, the Director of Central 
     Intelligence, or other agency head as designated by the 
     President.
       ``(2) For any agency to which paragraph (1) does not apply, 
     the head of the agency shall contract with an independent 
     evaluator to perform the evaluation.
       ``(3) An evaluation of agency information security programs 
     and practices performed by the Comptroller General may be in 
     lieu of the evaluation required under this section.
       ``(c) Not later than 1 year after the date of enactment of 
     this subchapter, and on that date every year thereafter, the 
     applicable agency head shall submit to the Director--
       ``(1) the results of each evaluation required under this 
     section, other than an evaluation

[[Page 11246]]

     of a system described under subparagraph (A) or (B) of 
     section 3532(b)(2); and
       ``(2) the results of each audit of an evaluation required 
     under this section of a system described under subparagraph 
     (A) or (B) of section 3532(b)(2).
       ``(d)(1) Each year the Comptroller General shall review--
       ``(A) the evaluations required under this section (other 
     than an evaluation of a system described under subparagraph 
     (A) or (B) of section 3532(b)(2));
       ``(B) the results of each audit of an evaluation required 
     under this section of a system described under subparagraph 
     (A) or (B) of section 3532(b)(2); and
       ``(C) other information security evaluation results.
       ``(2) The Comptroller General shall report to Congress 
     regarding the results of the review required under paragraph 
     (1) and the adequacy of agency information programs and 
     practices.
       ``(3) Evaluations and audits of evaluations of systems 
     under the authority and control of the Director of Central 
     Intelligence and evaluations and audits of evaluation of 
     National Foreign Intelligence Programs systems under the 
     authority and control of the Secretary of Defense--
       ``(A) shall not be provided to the Comptroller General 
     under this subsection; and
       ``(B) shall be made available only to the appropriate 
     oversight committees of Congress, in accordance with 
     applicable laws.
       ``(e) Agencies and evaluators shall take appropriate 
     actions to ensure the protection of information, the 
     disclosure of which may adversely affect information 
     security. Such protections shall be commensurate with the 
     risk and comply with all applicable laws.''.

     SEC. 1403. RESPONSIBILITIES OF CERTAIN AGENCIES.

       (a) Department of Commerce.--Notwithstanding section 20 of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 278g-3) and except as provided under subsection (b), 
     the Secretary of Commerce, through the National Institute of 
     Standards and Technology and with technical assistance from 
     the National Security Agency, as required or when requested, 
     shall--
       (1) develop, issue, review, and update standards and 
     guidance for the security of Federal information systems, 
     including development of methods and techniques for security 
     systems and validation programs;
       (2) develop, issue, review, and update guidelines for 
     training in computer security awareness and accepted computer 
     security practices, with assistance from the Office of 
     Personnel Management;
       (3) provide agencies with guidance for security planning to 
     assist in the development of applications and system security 
     plans for such agencies;
       (4) provide guidance and assistance to agencies concerning 
     cost-effective controls when interconnecting with other 
     systems; and
       (5) evaluate information technologies to assess security 
     vulnerabilities and alert Federal agencies of such 
     vulnerabilities as soon as those vulnerabilities are known.
       (b) Department of Defense and the Intelligence Community.--
       (1) In general.--Notwithstanding section 3533 of title 44, 
     United States Code (as added by section 1402 of this Act), 
     the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President, shall, consistent with their respective 
     authorities--
       (A) develop and issue information security policies, 
     standards, and guidelines for systems described under 
     subparagraphs (A) and (B) of section 3532(b)(2) of title 44, 
     United States Code (as added by section 1402 of this Act), 
     that provide more stringent protection than the policies, 
     principles, standards, and guidelines required under section 
     3533 of such title; and
       (B) ensure the implementation of the information security 
     policies, principles, standards, and guidelines described 
     under subparagraph (A).
       (2) Measures addressed.--The policies, principles, 
     standards, and guidelines developed by the Secretary of 
     Defense and the Director of Central Intelligence under 
     paragraph (1) shall address the full range of information 
     assurance measures needed to protect and defend Federal 
     information and information systems by ensuring their 
     integrity, confidentiality, authenticity, availability, and 
     nonrepudiation.
       (c) Department of Justice.--The Department of Justice shall 
     review and update guidance to agencies on--
       (1) legal remedies regarding security incidents and ways to 
     report to and work with law enforcement agencies concerning 
     such incidents; and
       (2) lawful uses of security techniques and technologies.
       (d) General Services Administration.--The General Services 
     Administration shall--
       (1) review and update General Services Administration 
     guidance to agencies on addressing security considerations 
     when acquiring information technology; and
       (2) assist agencies in--
       (A) fulfilling agency responsibilities under section 
     3534(b)(2)(E) of title 44, United States Code (as added by 
     section 1402 of this Act); and
       (B) the acquisition of cost-effective security products, 
     services, and incident response capabilities.
       (e) Office of Personnel Management.--The Office of 
     Personnel Management shall--
       (1) review and update Office of Personnel Management 
     regulations concerning computer security training for Federal 
     civilian employees;
       (2) assist the Department of Commerce in updating and 
     maintaining guidelines for training in computer security 
     awareness and computer security best practices; and
       (3) work with the National Science Foundation and other 
     agencies on personnel and training initiatives (including 
     scholarships and fellowships, as authorized by law) as 
     necessary to ensure that the Federal Government--
       (A) has adequate sources of continuing information security 
     education and training available for employees; and
       (B) has an adequate supply of qualified information 
     security professionals to meet agency needs.
       (f) Information Security Policies, Principles, Standards, 
     and Guidelines.--
       (1) In general.--Notwithstanding any provision of this 
     title (including any amendment made by this title)--
       (A) the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President shall develop such policies, principles, standards, 
     and guidelines for mission critical systems subject to their 
     control;
       (B) the policies, principles, standards, and guidelines 
     developed by the Secretary of Defense, the Director of 
     Central Intelligence, and other agency head as designated by 
     the President may be adopted, to the extent that such 
     policies are consistent with policies and guidance developed 
     by the Director of the Office of Management and Budget and 
     the Secretary of Commerce--
       (i) by the Director of the Office of Management and Budget, 
     as appropriate, to the mission critical systems of all 
     agencies; or
       (ii) by an agency head, as appropriate, to the mission 
     critical systems of that agency; and
       (C) to the extent that such policies are consistent with 
     policies and guidance developed by the Director of the Office 
     of Management and Budget and the Secretary of Commerce, an 
     agency may develop and implement information security 
     policies, principles, standards, and guidelines that provide 
     more stringent protection than those required under section 
     3533 of title 44, United States Code (as added by section 
     1402 of this Act), or subsection (a) of this section.
       (2) Measures addressed.--The policies, principles, 
     standards, and guidelines developed by the Secretary of 
     Defense and the Director of Central Intelligence under 
     paragraph (1) shall address the full range of information 
     assurance measures needed to protect and defend Federal 
     information and information systems by ensuring their 
     integrity, confidentiality, authenticity, availability, and 
     nonrepudiation.
       (g) Atomic Energy Act of 1954.--Nothing in this title 
     (including any amendment made by this title) shall supersede 
     any requirement made by or under the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.). Restricted Data or Formerly 
     Restricted Data shall be handled, protected, classified, 
     downgraded, and declassified in conformity with the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.).

     SEC. 1404. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended--
       (1) in the table of sections--
       (A) by inserting after the chapter heading the following:

             ``SUBCHAPTER I--FEDERAL INFORMATION POLICY'';

     and
       (B) by inserting after the item relating to section 3520 
     the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

``Sec.
``3531. Purposes.
``3532. Definitions.
``3533. Authority and functions of the Director.
``3534. Federal agency responsibilities.
``3535. Annual independent evaluation.'';
     and
       (2) by inserting before section 3501 the following:

             ``SUBCHAPTER I--FEDERAL INFORMATION POLICY''.

       (b) References to Chapter 35.--Chapter 35 of title 44, 
     United States Code, is amended--
       (1) in section 3501--
       (A) in the matter preceding paragraph (1), by striking 
     ``chapter'' and inserting ``subchapter''; and
       (B) in paragraph (11), by striking ``chapter'' and 
     inserting ``subchapter'';
       (2) in section 3502, in the matter preceding paragraph (1), 
     by striking ``chapter'' and inserting ``subchapter'';
       (3) in section 3503, in subsection (b), by striking 
     ``chapter'' and inserting ``subchapter'';
       (4) in section 3504--
       (A) in subsection (a)(2), by striking ``chapter'' and 
     inserting ``subchapter'';
       (B) in subsection (d)(2), by striking ``chapter'' and 
     inserting ``subchapter''; and

[[Page 11247]]

       (C) in subsection (f)(1), by striking ``chapter'' and 
     inserting ``subchapter'';
       (5) in section 3505--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``chapter'' and inserting ``subchapter'';
       (B) in subsection (a)(2), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (C) in subsection (a)(3)(B)(iii), by striking ``chapter'' 
     and inserting ``subchapter'';
       (6) in section 3506--
       (A) in subsection (a)(1)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (B) in subsection (a)(2)(A), by striking ``chapter'' and 
     inserting ``subchapter'';
       (C) in subsection (a)(2)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (D) in subsection (a)(3)--
       (i) in the first sentence, by striking ``chapter'' and 
     inserting ``subchapter''; and
       (ii) in the second sentence, by striking ``chapter'' and 
     inserting ``subchapter'';
       (E) in subsection (b)(4), by striking ``chapter'' and 
     inserting ``subchapter'';
       (F) in subsection (c)(1), by striking ``chapter, to'' and 
     inserting ``subchapter, to''; and
       (G) in subsection (c)(1)(A), by striking ``chapter'' and 
     inserting ``subchapter'';
       (7) in section 3507--
       (A) in subsection (e)(3)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (B) in subsection (h)(2)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (C) in subsection (h)(3), by striking ``chapter'' and 
     inserting ``subchapter'';
       (D) in subsection (j)(1)(A)(i), by striking ``chapter'' and 
     inserting ``subchapter'';
       (E) in subsection (j)(1)(B), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (F) in subsection (j)(2), by striking ``chapter'' and 
     inserting ``subchapter'';
       (8) in section 3509, by striking ``chapter'' and inserting 
     ``subchapter'';
       (9) in section 3512--
       (A) in subsection (a), by striking ``chapter if'' and 
     inserting ``subchapter if''; and
       (B) in subsection (a)(1), by striking ``chapter'' and 
     inserting ``subchapter'';
       (10) in section 3514--
       (A) in subsection (a)(1)(A), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (B) in subsection (a)(2)(A)(ii), by striking ``chapter'' 
     and inserting ``subchapter'' each place it appears;
       (11) in section 3515, by striking ``chapter'' and inserting 
     ``subchapter'';
       (12) in section 3516, by striking ``chapter'' and inserting 
     ``subchapter'';
       (13) in section 3517(b), by striking ``chapter'' and 
     inserting ``subchapter'';
       (14) in section 3518--
       (A) in subsection (a), by striking ``chapter'' and 
     inserting ``subchapter'' each place it appears;
       (B) in subsection (b), by striking ``chapter'' and 
     inserting ``subchapter'';
       (C) in subsection (c)(1), by striking ``chapter'' and 
     inserting ``subchapter'';
       (D) in subsection (c)(2), by striking ``chapter'' and 
     inserting ``subchapter'';
       (E) in subsection (d), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (F) in subsection (e), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (15) in section 3520, by striking ``chapter'' and inserting 
     ``subchapter''.

     SEC. 1405. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 30 days after the date of enactment of this Act.
                                 ______
                                 

                KENNEDY (AND OTHERS) AMENDMENT NO. 3473

  Mr. LEVIN (for Mr. Kennedy (for himself, Mrs. Boxer, Mr. L. Chafee, 
Mr. Daschle, Mr. Dodd, Mr. Durbin, Mrs. Feinstein, Mr. Graham, Mr. 
Harkin, Mr. Jeffords, Mr. Leahy, Mr. Levin, Mr. Schumer, Mr. Smith of 
Oregon, Mr. Torricelli, Mr. Wellstone, Mr. Wyden, and Mr. Reed)) 
proposed an amendment to the bill, S. 2549, supra; as follows:

       At the appropriate place, insert the following:

        TITLE __--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2000

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Local Law Enforcement 
     Enhancement Act of 2000''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, or disability of the victim poses a 
     serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) The prominent characteristic of a violent crime 
     motivated by bias is that it devastates not just the actual 
     victim and the victim's family and friends, but frequently 
     savages the community sharing the traits that caused the 
     victim to be selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including--
       (A) by impeding the movement of members of targeted groups 
     and forcing such members to move across State lines to escape 
     the incidence or risk of such violence; and
       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment or participating in other commercial activity.
       (7) Perpetrators cross State lines to commit such violence.
       (8) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (9) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (10) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (11) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (12) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (13) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States and local 
     jurisdictions.

     SEC. __03. DEFINITION OF HATE CRIME.

       In this title, the term ``hate crime'' has the same meaning 
     as in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note).

     SEC. __04. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
                   PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICIALS.

       (a) Assistance Other Than Financial Assistance.--
       (1) In general.--At the request of a law enforcement 
     official of a State or Indian tribe, the Attorney General may 
     provide technical, forensic, prosecutorial, or any other form 
     of assistance in the criminal investigation or prosecution of 
     any crime that--
       (A) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (B) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (C) is motivated by prejudice based on the victim's race, 
     color, religion, national origin, gender, sexual orientation, 
     or disability or is a violation of the hate crime laws of the 
     State or Indian tribe.
       (2) Priority.--In providing assistance under paragraph (1), 
     the Attorney General shall give priority to crimes committed 
     by offenders who have committed crimes in more than 1 State 
     and to rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (b) Grants.--
       (1) In general.--The Attorney General may award grants to 
     assist State, local, and Indian law enforcement officials 
     with the extraordinary expenses associated with the 
     investigation and prosecution of hate crimes. In implementing 
     the grant program, the Office of Justice Programs shall work 
     closely with the funded jurisdictions to ensure that the 
     concerns and needs of all affected parties, including 
     community groups and schools, colleges, and universities, are 
     addressed through the local infrastructure developed under 
     the grants.
       (2)  Application.--
       (A) In general.--Each State desiring a grant under this 
     subsection shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (B) Date for submission.--Applications submitted pursuant 
     to subparagraph (A) shall be submitted during the 60-day 
     period beginning on a date that the Attorney General shall 
     prescribe.

[[Page 11248]]

       (C) Requirements.--A State or political subdivision of a 
     State or tribal official applying for assistance under this 
     subsection shall--
       (i) describe the extraordinary purposes for which the grant 
     is needed;
       (ii) certify that the State, political subdivision, or 
     Indian tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (iii) demonstrate that, in developing a plan to implement 
     the grant, the State, political subdivision, or tribal 
     official has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (iv) certify that any Federal funds received under this 
     subsection will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 30 business days after the date on 
     which the Attorney General receives the application.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single jurisdiction within a 1 year 
     period.
       (5) Report.--Not later than December 31, 2001, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this subsection, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2001 and 2002.

     SEC. __05. GRANT PROGRAM.

       (a) Authority To Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State and local programs designed to combat 
     hate crimes committed by juveniles, including programs to 
     train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. __06. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of the Treasury and the Department of Justice, including the 
     Community Relations Service, for fiscal years 2001, 2002, and 
     2003 such sums as are necessary to increase the number of 
     personnel to prevent and respond to alleged violations of 
     section 249 of title 18, United States Code (as added by this 
     title).

     SEC. __07. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A): the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) he or she has reasonable cause to believe that the 
     actual or perceived race, color, religion, national origin, 
     gender, sexual orientation, or disability of any person was a 
     motivating factor underlying the alleged conduct of the 
     defendant; and
       ``(2) he or his designee or she or her designee has 
     consulted with State or local law enforcement officials 
     regarding the prosecution and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given the term in section 232 of this title; and
       ``(2) the term `firearm' has the meaning given the term in 
     section 921(a) of this title.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

     SEC. __08. DUTIES OF FEDERAL SENTENCING COMMISSION.

       (a) Amendment of Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994 of title 28, United States 
     Code, the United States Sentencing Commission shall study the 
     issue of adult recruitment of juveniles to commit hate crimes 
     and shall, if appropriate, amend the Federal sentencing 
     guidelines to provide sentencing enhancements (in addition to 
     the sentencing enhancement provided for the use of a minor 
     during the commission of an offense) for adult defendants who 
     recruit juveniles to assist in the commission of hate crimes.
       (b) Consistency With Other Guidelines.--In carrying out 
     this section, the United States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishments for substantially the 
     same offense.

     SEC. __09. STATISTICS.

       Subsection (b)(1) of the first section of the Hate Crimes 
     Statistics Act (28 U.S.C. 534 note) is amended by inserting 
     ``gender,'' after ``race,''.

     SEC. __10. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.
                                 ______
                                 

                        HATCH AMENDMENT NO. 3474

  Mr. HATCH proposed an amendment to the bill, S. 2549, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this paragraph, the 
     term ``relevant offense'' means a crime described in 
     subsection (b)(1) of the first section of Public Law 101-275 
     (28 U.S.C. 534 note) and a crime that manifests evidence of 
     prejudice based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall select 10 
     jurisdictions with laws classifying certain types of offenses 
     as

[[Page 11249]]

     relevant offenses and 10 jurisdictions without such laws from 
     which to collect the data described in subparagraph (C) over 
     a 12-month period.
       (C) Data to be collected.--The data described in this 
     paragraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, the Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation and in cases where the Attorney General 
     determines special circumstances exist, may provide 
     technical, forensic, prosecutorial, or any other assistance 
     in the criminal investigation or prosecution of any crime 
     that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (c) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case.
       (5) Report and audit.--Not later than December 31, 2001, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2001 and 2002 to carry out this section.

                          ____________________