[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 16728-16731]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4532. Mr. Byrd (for himself and Mr. Stevens) proposed an amendment 
to amendment SA 4472 proposed by Mr. Byrd to the bill H.R. 5093, making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2003, and for other purposes; 
as follows:

                  TITLE__--SUPPLEMENTAL APPROPRIATIONS

       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2002, and for other purposes, 
     namely:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary


                     (including transfers of funds)

       For an additional amount for `Office of the Secretary', 
     $18,000,000 to remain available until expended: Provided, 
     That the Secretary shall transfer these funds to the 
     Agricultural Research Service, the Animal and Plant Health 
     Inspection Service, the Agricultural Marketing Service, and/
     or the Food Safety and Inspection Service; Provided further, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                       Office of Justice Programs

                  COMMUNITY ORIENTED POLICING SERVICES

       For an amount to establish the Community Oriented Policing 
     Services, Interoperable Communications Technology Program in 
     consultation with the Office of Science and Technology within 
     the National Institute of Justice, and the Bureau of Justice 
     Assistance, for emergency expenses for activities related to 
     combating terrorism by providing grants to States and 
     localities to improve communications within, and among, law 
     enforcement agencies, $50,000,000, to remain available until 
     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                          DEPARTMENT OF STATE

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       For an additional amount for `Embassy Security, 
     Construction, and Maintenance' for emergency expenses for 
     activities related to combating international terrorism, 
     $10,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                               CHAPTER 3

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

              Federal Payment to the District of Columbia

       For a Federal payment to the District of Columbia for 
     public safety expenses related to security events in the 
     District of Columbia, $12,000,000, to remain available until 
     December 1, 2003: Provided, That the Chief Financial Officer 
     of the District of Columbia shall provide a report, within 15 
     days of an expenditure, to the Committees on Appropriations 
     of the House of Representatives and Senate, detailing any 
     expenditure of these funds: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 4

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                                Science

       For an additional amount for `Science' for emergency 
     expenses necessary to support safeguards and security 
     activities, $11,350,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           WEAPONS ACTIVITIES

       For an additional amount for `Weapons Activities' for 
     emergency expenses, $138,650,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 5

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                CHILD SURVIVAL AND HEALTH PROGRAMS FUND

       For an additional amount for `Child Survival and Health 
     Programs Fund' for emergency expenses for activities related 
     to combating HIV/AIDS, tuberculosis, and malaria, 
     $200,000,000, to remain available until June 30, 2003: 
     Provided, That such activities should include maternal health 
     and related assistance in communities heavily impacted by 
     HIV/AIDS: Provided further, That additional assistance should 
     be provided to prevent transmission of HIV/AIDS from mother 
     to child: Provided further, That of the funds appropriated 
     under this heading in this Act, not less than $100,000,000 
     should be made available for a further United States 
     contribution to the Global Fund to Fight AIDS, Tuberculosis, 
     and Malaria: Provided further, That the cumulative amount of 
     United States contributions to the Global Fund may not exceed 
     the total resources provided by other donors and available 
     for use by the Global Fund as of December 31, 2002: Provided 
     further, That of the funds appropriated under this heading, 
     up to $6,000,000 may be transferred to and merged with funds 
     appropriated by this Act under the heading `Operating 
     Expenses of the United States Agency for International 
     Development' for costs directly related to international 
     health: Provided further, That funds appropriated by this 
     paragraph shall be apportioned to the United States Agency 
     for International Development, and the authority of sections 
     632(a) or 632(b) of the Foreign Assistance Act of 1961, or 
     any similar provision of law, may not be used to transfer or 
     allocate any part of such funds to any agency of the United 
     States Government: Provided further, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the funds appropriated under this heading shall 
     be subject to the regular notification procedures of the 
     Committee on Appropriations.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                              CONSTRUCTION

       For an additional amount for `Construction', $17,651,000, 
     to remain available until expended: Provided That the 
     Congress designates the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 7

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for `Public 
     Health and Social Services Emergency Fund' for baseline and 
     follow-up screening and clinical examinations, long-term 
     health monitoring and analysis for the emergency services 
     personnel, rescue and recovery personnel, $90,000,000, to 
     remain available until expended, of which no less than 
     $25,000,000 shall be available for current and retired 
     firefighters: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                               CHAPTER 8

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       GRANTS-IN-AIR FOR AIRPORTS


                    (airports and airway trust fund)

       For an additional amount to enable the Federal Aviation 
     Administrator to compensate airports for the direct costs 
     associated with new, additional, or revised security 
     requirements imposed on airport operators by the 
     Administrator on or after September 11, 2001, notwithstanding 
     any other provision of law, $150,000,000, to be derived from 
     the Airport and Airway Trust Fund and to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 9

                       DEPARTMENT OF THE TREASURY

                     United States Customs Service

                         SALARIES AND EXPENSES

       For an additional amount for `Salaries and Expenses' 
     $39,000,000, to remain available

[[Page 16729]]

     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 10

                           INDEPENDENT AGENCY

                  Federal Emergency Management Agency

              EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

       For an additional amount for `Emergency management planning 
     and assistance' for emergency expenses to respond to the 
     September 11, 2001, terrorist attacks on the United States, 
     $200,000,000, to remain available until September 30, 2003, 
     of which $150,000,000 is for programs as authorized by 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974, as amended (15 U.S.C. 2201 et seq.); and $50,000,000 
     for interoperable communications equipment: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
                                  ____

  SA 4533. Mr. HOLLINGS proposed an amendment to amendment SA 4471 
proposed by Mr. Lieberman to the bill H.R. 5005, to establish the 
Department of Homeland Security, and for other purposes; as follows:
       At the end of subtitle D of title I, add the following;

     SEC. 173. MODIFICATION OF MEMBERSHIP AND ADVISORS OF NATIONAL 
                   SECURITY COUNCIL.

       (a) Members.--Subsection (a) of section 101 of the National 
     Security Act of 1947 (50 U.S.C. 402) is amended--
       (1) in the fourth undesignated paragraph, by redesignating 
     clauses (1) through (6) as subparagraphs (A) through (G), 
     respectively;
       (2) by designating the undesignated paragraphs as 
     paragraphs (1) through (4), respectively; and
       (3) in paragraph (4), as so designated--
       (A) by striking subparagraphs (E) and (F) and inserting the 
     following new subparagraphs:
       ``(E) the Attorney General;
       ``(F) the Secretary of Homeland Security; and''; and
       (B) in subparagraph (G), as so redesignated, by striking 
     ``the Chairman of the Munitions Board,'' and all that follows 
     and inserting ``to serve at the pleasure of the President.''.
       (b) Advisors.--That section is further amended--
       (1) by redesignating subsections (g) through (j) and 
     subsection (i), as added by section 301 of the International 
     Religious Freedom Act of 1998 (Public Law 105-292; 112 Stat. 
     2800), as subsections (i) through (m), respectively;
       (2) by transferring subsection (l) (relating to the 
     participation of the Director of Central Intelligence on the 
     National Security Council), as so redesignated, to appear 
     after subsection (f) and redesignating such subsection, as so 
     transferred, as subsection (g); and
       (3) by inserting after subsection (g), as so transferred 
     and redesignated, the following new subsections:
       ``(h) The Director of the Federal Bureau of Investigation 
     may, in the performance of the Director's duties as the head 
     of the Federal Bureau of Investigation and subject to the 
     direction of the President, attend and participate in 
     meetings of the National Security Council.''
                                  ____

  SA 4534. Mr. LIEBERMAN (for himself and Mr. Graham) proposed an 
amendment to amendment SA 4513 proposed by Mr. Thompson (for himself 
and Mr. Warner) to the amendment SA 4471 proposed by Mr. Lieberman to 
the bill H.R. 5005. to establish the Department of Homeland Security, 
and for other purposes; as follows:
       On page 2, line 4, insert after the period the following:

           TITLE II--NATIONAL OFFICE FOR COMBATING TERRORISM

     SEC. 201. NATIONAL OFFICE FOR COMBATING TERRORISM.

       (a) Establishment.--There is established within the 
     Executive Office of the President the National Office for 
     Combating Terrorism.
       (b) Officers.--
       (1) Director.--The head of the Office shall be the Director 
     of the National Office for Combating Terrorism, who shall be 
     appointed by the President.
       (2) Executive schedule level i position.--Section 5312 of 
     title 5, United States Code, is amended by adding at the end 
     the following:
       ``Director of the National Office for Combating 
     Terrorism.''.
       (3) Other officers.--The President shall assign to the 
     Office such other officers as the President, in consultation 
     with the Director, considers appropriate to discharge the 
     responsibilities of the Office.
       (c) Responsibilities.--Subject to the direction and control 
     of the President, the responsibilities of the Office shall 
     include the following:
       (1) To develop national objectives and policies for 
     combating terrorism.
       (2) To ensure that relevant agencies and entities conduct 
     appropriate risk analysis and risk management activities and 
     provide pertinent information derived such activities to the 
     Office, and to review and integrate such information into the 
     development of the Strategy.
       (3) To develop, with the Secretary of Homeland Security, 
     the Strategy under title III.
       (4) To coordinate, oversee, and evaluate the implementation 
     and execution of the Strategy by agencies with 
     responsibilities for combating terrorism under the Strategy, 
     particularly those involving military, intelligence, law 
     enforcement, diplomatic, and scientific and technological 
     assets.
       (5) To work with agencies, including the Environmental 
     Protection Agency, to ensure that appropriate actions are 
     taken to address vulnerabilities identified by the 
     Directorate of Critical Infrastructure Protection within the 
     Department.
       (6)(A) To coordinate, with the advice of the Secretary, the 
     development of a comprehensive annual budget for the programs 
     and activities under the Strategy, including the budgets of 
     the military departments and agencies within the National 
     Foreign Intelligence Program relating to international 
     terrorism, but excluding military programs, projects, or 
     activities relating to force protection.
       (B) To have the lead responsibility for budget 
     recommendations relating to military, intelligence, law 
     enforcement, and diplomatic assets in support of the 
     Strategy.
       (7) To serve as an advisor to the National Security 
     Council.
       (8) To work with the Director of the Federal Bureau of 
     Investigation to ensure that--
       (A) the Director of the National Office for Combating 
     Terrorism receives the relevant information from the Federal 
     Bureau of Investigation related to terrorism; and
       (B) such information is made available to the appropriate 
     agencies and to State and local law enforcement officials.
       (d) Resources.--In consultation with the Director, the 
     President shall assign or allocate to the Office such 
     resources, including funds, personnel, and other resources, 
     as the President considers appropriate and that are available 
     to the President under appropriations Acts for fiscal year 
     2002 and fiscal year 2003 in the ``Office of Administration'' 
     appropriations account or the ``Office of Homeland Security'' 
     appropriations account. Any transfer or reprogramming of 
     funds made under this section shall be subject to the 
     reprogramming procedures in the Treasury and General 
     Government Appropriations Act, 2002 (Public Law 107-67).

     SEC. 202. DIRECTOR AND OFFICE.

       (a) Definitions.--Unless the context clearly indicates 
     otherwise, the following shall apply for purposes of this 
     division:
       (1) Director.--The term ``Director'' means the Director of 
     the National Office for Combating Terrorism.
       (2) Office.--The term ``Office'' means the National Office 
     for Combating Terrorism established under this title.
       (b) Director.--The Director shall--
       (1) develop the strategy with the Secretary under section 
     102(b)(3); and
       (2) carry out the functions under section 192(d)(1) and (2) 
     with the Secretary.
       (c) Office.--
       (1) Research and development agenda.--The Under Secretary 
     for Science and Technology shall coordinate with the Office, 
     the OSTP, and other appropriate entities under section 
     135(c)(2)(A).
       (2) Transfers.--Section 189(a) shall apply with respect to 
     transfers to the Office.
       (3) Gifts.--Section 189(f) shall apply with respect to 
     gifts to the Office.
       (4) Definitions.--The definitions developed under section 
     192(d)(1) shall be considered in determining the mission of 
     the Office.
       (5) Office of science and technology policy.--Section 
     208(a)(1) of the National Science and Technology Policy, 
     Organization, and Priorities Act (42 U.S.C. 6617(a)(1)) is 
     amended by inserting ``the National Office for Combating 
     Terrorism,'' after ``National Security Council,''.

 TITLE III--NATIONAL STRATEGY FOR COMBATING TERRORISM AND THE HOMELAND 
                           SECURITY RESPONSE

     SEC. 301. STRATEGY.

       (a) Development.--The Secretary and the Director shall 
     develop the National Strategy for Combating Terrorism and 
     Homeland Security Response for detection, prevention, 
     protection, response, and recovery to counter terrorist 
     threats, including threat, vulnerability, and risk assessment 
     and analysis, and the plans, policies, training, exercises, 
     evaluation, and interagency cooperation that address each 
     such action relating to such threats.
       (b) Responsibilities.--
       (1) Responsibilities of the secretary.--The Secretary shall 
     have responsibility for portions of the Strategy addressing 
     border security, critical infrastructure protection, 
     emergency preparation and response, and integrating State and 
     local efforts with activities of the Federal Government.
       (2) Responsibilities of the director.--The Director shall 
     have overall responsibility for development of the Strategy, 
     and particularly for those portions of the Strategy 
     addressing intelligence, military assets, law enforcement, 
     and diplomacy.

[[Page 16730]]

       (c) Contents.--The contents of the Strategy shall include--
       (1) a comprehensive statement of mission, goals, 
     objectives, desired end-state, priorities and 
     responsibilities;
       (2) policies and procedures to maximize the collection, 
     translation, analysis, exploitation, and dissemination of 
     information relating to combating terrorism and the homeland 
     security response throughout the Federal Government and with 
     State and local authorities;
       (3) plans for countering chemical, biological, 
     radiological, nuclear and explosives, and cyber threats;
       (4) plans for integrating the capabilities and assets of 
     the United States military into all aspects of the Strategy;
       (5) plans for improving the resources of, coordination 
     among, and effectiveness of health and medical sectors for 
     detecting and responding to terrorist attacks on the 
     homeland;
       (6) specific measures to enhance cooperative efforts 
     between the public and private sectors in protecting against 
     terrorist attacks;
       (7) a review of measures needed to enhance transportation 
     security with respect to potential terrorist attacks;
       (8) plans for identifying, prioritizing, and meeting 
     research and development objectives to support homeland 
     security needs; and
       (9) other critical areas.
       (d) Cooperation.--At the request of the Secretary or 
     Director, departments and agencies shall provide necessary 
     information or planning documents relating to the Strategy.
       (e) Interagency Council.--
       (1) Establishment.--There is established the National 
     Combating Terrorism and Homeland Security Response Council to 
     assist with preparation and implementation of the Strategy.
       (2) Membership.--The members of the Council shall be the 
     heads of the Federal terrorism prevention and response 
     agencies or their designees. The Secretary and Director shall 
     designate such agencies.
       (3) Co-chairs and meetings.--The Secretary and Director 
     shall co-chair the Council, which shall meet at their 
     direction.
       (f) Submission to Congress.--Not later than December 1, 
     2003, and each year thereafter in which a President is 
     inaugurated, the Secretary and the Director shall submit the 
     Strategy to Congress.
       (g) Updating.--Not later than December 1, 2005, and on 
     December 1, of every 2 years thereafter, the Secretary and 
     the Director shall submit to Congress an updated version of 
     the Strategy.
       (h) Progress Reports.--Not later than December 1, 2004, and 
     on December 1, of each year thereafter, the Secretary and the 
     Director may submit to Congress a report that--
       (1) describes the progress on implementation of the 
     Strategy; and
       (2) provides recommendations for improvement of the 
     Strategy and the implementation of the Strategy.

     SEC. 302. MANAGEMENT GUIDANCE FOR STRATEGY IMPLEMENTATION.

       (a) In General.--In consultation with the Director and the 
     Secretary, the Director of the Office of Management and 
     Budget shall provide management guidance for agencies to 
     successfully implement and execute the Strategy.
       (b) Office of Management and Budget Report.--Not later than 
     180 days after the date of the submission of the Strategy 
     referred to under section 301, the Director of the Office of 
     Management and Budget shall--
       (1) submit to Congress a report describing agency progress 
     under subsection (a); and
       (2) provide a copy of the report to the Comptroller General 
     of the United States.
       (c) General Accounting Office Report.--Not later than 90 
     days after the receipt of the report required under 
     subsection (b), the Comptroller General of the United States 
     shall submit a report to the Governmental Affairs Committee 
     of the Senate, the Government Reform Committee of the House 
     of Representatives, the Committee on Appropriations of the 
     Senate, and the Committee on Appropriations of the House of 
     Representatives, evaluating--
       (1) the management guidance identified under subsection 
     (a); and
       (2) Federal agency performance in implementing and 
     executing the Strategy.

     SEC. 303. NATIONAL COMBATING TERRORISM STRATEGY PANEL.

       (a) Establishment.--The Secretary and the Director shall 
     establish a nonpartisan, independent panel to be known as the 
     National Combating Terrorism Strategy Panel (in this section 
     referred to as the ``Panel'').
       (b) Membership.--
       (1) Appointment.--The Panel shall be composed of a 
     chairperson and 8 other individuals appointed by the 
     Secretary and the Director, in consultation with the chairman 
     and ranking member of the Committee on Governmental Affairs 
     of the Senate and the chairman and ranking member of the 
     Committee on Government Reform of the House of 
     Representatives, from among individuals in the private sector 
     who are recognized experts in matters relating to combating 
     terrorism and the homeland security of the United States.
       (2) Terms.--
       (A) In general.--An individual shall be appointed to the 
     Panel for an 18-month term.
       (B) Term periods.--Terms on the Panel shall not be 
     continuous. All terms shall be for the 18-month period which 
     begins 12 months before each date a report is required to be 
     submitted under subsection (l)(2)(A).
       (C) Multiple terms.--An individual may serve more than 1 
     term.
       (c) Duties.--The Panel shall--
       (1) conduct and submit to the Secretary the assessment of 
     the Strategy; and
       (2) conduct the independent, alternative assessment of 
     homeland security measures required under this section.
       (d) Alternative Assessment.--The Panel shall submit to the 
     Secretary an independent assessment of the optimal policies 
     and programs to combat terrorism, including homeland security 
     measures. As part of the assessment, the Panel shall, to the 
     extent practicable, estimate the funding required by fiscal 
     year to achieve these optimal approaches.
       (e) Information From Federal Agencies.--
       (1) In general.--Subject to paragraph (2), the Panel may 
     secure directly from any agency such information as the Panel 
     considers necessary to carry out this section. Upon request 
     of the Chairperson, the head of such department or agency 
     shall furnish such information to the Panel.
       (2) Intelligence information.--The provision of information 
     under this paragraph related to intelligence shall be 
     provided in accordance with procedures established by the 
     Director of Central Intelligence and in accordance with 
     section 103(d)(3) of the National Security Act of 1947 (50 
     U.S.C. 403-3(d)(3)).
       (f) Compensation of Members.--Each member of the Panel 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Panel.
       (g) Travel Expenses.--The members of the Panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Panel.
       (h) Staff.--
       (1) In general.--The Chairperson of the Panel may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Panel to perform 
     its duties. The employment of an executive director shall be 
     subject to confirmation by the Panel.
       (2) Compensation.--The Chairperson of the Panel may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Panel who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of panel.--Subparagraph (A) shall not be 
     construed to apply to members of the Panel.
       (4) Reduction of staff.--During periods that members are 
     not serving terms on the Panel, the executive director shall 
     reduce the number and hours of employees to the minimum 
     necessary to--
       (A) provide effective continuity of the Panel; and
       (B) minimize personnel costs of the Panel.
       (i) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Panel without reimbursement, 
     and such detail shall be without interruption or loss of 
     civil service status or privilege.
       (j) Administrative Provisions.--
       (1) Use of mail and printing.--The Panel may use the United 
     States mails and obtain printing and binding services in the 
     same manner and under the same conditions as other agencies.
       (2) Support services.--The Secretary shall furnish the 
     Panel any administrative and support services requested by 
     the Panel.
       (3) Gifts.--The Panel may accept, use, and dispose of gifts 
     or donations of services or property.
       (k) Payment of Panel Expenses.--The compensation, travel 
     expenses, and per diem allowances of members and employees of 
     the Panel shall be paid out of funds available to the 
     Department for the payment of compensation, travel 
     allowances, and per diem allowances, respectively, of 
     civilian employees of the Department. The other expenses of 
     the Panel shall be paid out of funds available to the 
     Department for the payment of similar expenses incurred by 
     the Department.

[[Page 16731]]

       (l) Reports.--
       (1) Preliminary report.--
       (A) Report to secretary.--Not later than July 1, 2004, the 
     Panel shall submit to the Secretary and the Director a 
     preliminary report setting forth the activities and the 
     findings and recommendations of the Panel under subsection 
     (d), including any recommendations for legislation that the 
     Panel considers appropriate.
       (B) Report to congress.--Not later than 30 days after the 
     submission of the report under subparagraph (A), the 
     Secretary and the Director shall submit to the committees 
     referred to under subsection (b), and the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, a copy of that report with the comments of 
     the Secretary on the report.
       (2) Quadrennial reports.--
       (A) Reports to secretary.--Not later than December 1, 2004, 
     and not later than December 1 every 4 years thereafter, the 
     Panel shall submit to the Secretary and the Director a report 
     setting forth the activities and the findings and 
     recommendations of the Panel under subsection (d), including 
     any recommendations for legislation that the Panel considers 
     appropriate.
       (B) Reports to congress.--Not later than 60 days after each 
     report is submitted under subparagraph (A), the Secretary 
     shall submit to the committees referred to under subsection 
     (b), and the Committees on Appropriations of the Senate and 
     the House of Representatives, a copy of the report with the 
     comments of the Secretary and the Director on the report.
                                  ____

  SA 4535. Mr. THOMAS submitted an amendment intended to be proposed to 
amendment SA 4471 proposed by Mr. Lieberman to the bill H.R. 5005, to 
establish the Department of Homeland Security, and for other purposes; 
which was ordered to lie on the table; as follows:
       On page 166, between lines 6 and 7, insert the following:

     SEC. 195A. USE OF COMMERCIAL GOODS AND SERVICES.

       (a) Policy.--It has been and continues to be the policy of 
     the United States that, in the process of governing, the 
     United States--
       (1) should not compete with its citizens; and
       (2) should rely on commercial sources to supply the goods 
     and services needed by the United States Government.
       (b) Requirement.--The Secretary of Homeland Security shall 
     rely on commercial sources to supply the goods and services 
     needed by the Department of Homeland Security.
       (c) Exceptions.--Subsection (b) does not apply to the 
     performance of the following functions:
       (1) A function that is inherently governmental in nature in 
     that--
       (A) the performance of such function is so intimately 
     related to the public interest that it must be performed only 
     by United States Government personnel; and
       (B) the performance of such function by United States 
     Government personnel does not compete with commercial 
     enterprises in the private sector.
       (2) A function that, by law or in the interests of national 
     security, must be performed by United States Government 
     personnel.
       (d) Relationship to Other Law.--The Secretary of Homeland 
     Security shall administer this section in a manner that is 
     consistent with the policies and laws that are generally 
     applicable to procurements of goods and services by the 
     United States Government.

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