[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 16865-16873]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4537. Mr. BROWNBACK submitted an amendment intended to be proposed 
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; 
which was ordered to lie on the table; as follows:

       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. EFFECT OF CERTAIN PROVISIONS ON DECISION AND INDIAN 
                   LAND.

       (a) In General.--Nothing in section 134 of the Department 
     of the Interior and Related Agencies Appropriations Act, 2002 
     (115 Stat. 443) affects the decision of the United States 
     Court of Appeals for the 10th Circuit in Sac and Fox Nation 
     v. Norton, 240 F.3d 1250 (2001).
       (b) Use of Certain Indian Land.--Nothing in this section 
     permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 944), or land 
     that is contiguous to that land, regardless of whether the 
     land or contiguous land has been taken into trust by the 
     Secretary of the Interior.
                                 ______
                                 
  SA 4538. Mr. GRAHAM (for himself, Mr. Sarbanes, and Mr. Bayh) 
submitted an amendment intended to be proposed 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; which was ordered to 
lie on the table; as follows:

       On page 64, between 15 and 16, insert the following:

     SEC. 1  . REPORT ON ALTERNATIVE TRANSPORTATION SYSTEMS FOR 
                   UNITS OF THE NATIONAL PARK SYSTEM.

       (a) Report.--Not later than February 1, 2003, the Director 
     of the National Park Service shall submit to the Committee on 
     Environment and Public Works, the Committee on Energy and 
     Natural Resources, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate a report on traffic and 
     congestion problems and alternative transportation solutions 
     within units of the National Park System.
       (b) Requirements.--The report submitted under subsection 
     (a) shall--
       (1) describe the need for alternative transportation 
     solutions within units of the National Park System, including 
     data on visitation to the units of the National Park System 
     during calendar years 1999, 2000, and 2001 in relation to the 
     capacity of the units;
       (2) include recommendations on the best methods for 
     implementing alternative transportation systems for units of 
     the National Park System, which shall--
       (A) be based on the findings of the Federal Lands 
     Alternative Transportation Systems Study completed under 
     section 3039 of Transportation Equity Act for the 21st 
     Century (23 U.S.C. 138 note; Public Law 105-178) and the 
     National Bicycling and Walking Study completed under the FY 
     1991 Transportation Appropriations Act, and
       (B) consider both motorized and non-motorized land 
     transportation systems and maritime transportation systems; 
     and
       (3) develop options for implementation of the 
     recommendations of the two reports referenced in subparagraph 
     (2)(A), taking into account any additional needs identified 
     since completion of those reports.
                                 ______
                                 
  SA 4539. Mr. GRAHAM submitted an amendment intended to be proposed 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; 
which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 3__. NATIONAL FOREST LAND MANAGEMENT IN THE STATE OF 
                   FLORIDA.

       (a) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map entitled ``Florida 
     Land Dispositions'' and dated March 31, 2002.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) State.--The term ``State'' means the State of Florida.
       (b) Sale or Exchange of Land.--
       (1) In general.--The Secretary may, under such terms and 
     conditions as the Secretary may prescribe, sell or exchange 
     any right, title, and interest of the United States in and to 
     the parcels of Federal land in the State described in 
     paragraph (2).
       (2) Description of land.--The parcels of Federal land in 
     the State referred to in paragraph (1) consist of--
       (A) tract A-942a, East Bay, Santa Rosa County, consisting 
     of approximately 61 acres, and more particularly described as 
     T. 1 S., R. 27 W., Sec. 31, W\1/2\ of SW\1/4\;
       (B) tract A-942b, East Bay, Santa Rosa County, consisting 
     of approximately 40 acres, and more particularly described as 
     T. 1 S., R. 27 W., Sec. 38;
       (C) tract A-942c, Ft. Walton, Okaloosa County, located 
     southeast of the intersection of and adjacent to State Road 
     86 and Mooney Road, consisting of approximately 0.59 acres, 
     and more particularly described as T. 1 S., R. 24 W., Sec. 
     26;
       (D) tract A-942d, located southeast of Crestview, Okaloosa 
     County, consisting of approximately 79.90 acres, and more 
     particularly described as T. 2 N., R. 23 W., Sec. 2, NW\1/4\ 
     NE\1/4\ and NE\1/4\ NW\1/4\;
       (E) tract A-943, Okaloosa County Fairgrounds, Ft. Walton, 
     Okaloosa County, consisting of approximately 30.14 acres, and 
     more particularly described as T. 1 S., R. 24 W., Sec. 26, 
     S\1/2\;
       (F) tract A-944, City Ball Park--Ft. Walton, Okaloosa 
     County, consisting of approximately 12.43 acres, and more 
     particularly described as T. 1 S., R. 24 W., Sec. 26, S\1/2\;
       (G) tract A-945, Landfill-Golf Course Driving Range, 
     located southeast of Crestview, Okaloosa County, consisting 
     of approximately 40.85 acres, and more particularly described 
     as T. 2 N., R. 23 W., Sec. 4, NW\1/4\ NE\1/4\;
       (H) tract A-959, 2 vacant lots on the north side of 
     Micheaux Road in Bristol, Liberty County, consisting of 
     approximately 0.5 acres, and more particularly described as 
     T. 1 S., R. 7 W., Sec. 6;
       (I) tract C-3m-d, located southwest of Astor in Lake 
     County, consisting of approximately 15.0 acres, and more 
     particularly described as T. 15 S., R. 28 E., Sec. 37;
       (J) tract C-691, Lake County, consisting of the subsurface 
     rights to approximately 40.76 acres of land, and more 
     particularly described as T. 17 S., R. 29 E., Sec. 25, SE\1/
     4\ NW\1/4\;
       (K) tract C-2208b, Lake County, consisting of approximately 
     39.99 acres, and more particularly described as T. 17 S., R. 
     28 E., Sec. 28, NW\1/4\ SE\1/4\;
       (L) tract C-2209, Lake County, consisting of approximately 
     127.2 acres, as depicted on the map, and more particularly 
     described as T. 17 S., R. 28 E., Sec. 21, NE\1/4\ SW\1/4\, 
     SE\1/4\ NW\1/4\, and SE\1/4\ NE\1/4\;
       (M) tract C-2209b, Lake County, consisting of approximately 
     39.41 acres, and more particularly described as T. 17 S., R. 
     29 E., Sec. 32, NE\1/4\ SE\1/4\;
       (N) tract C-2209c, Lake County, consisting of approximately 
     40.09 acres, and more particularly described as T. 18 S., R. 
     28 E., Sec. 14, SE\1/4\ SW\1/4\;
       (O) tract C-2209d, Lake County, consisting of approximately 
     79.58 acres, and more particularly described as T. 18 S., R. 
     29 E., Sec. 5, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\;
       (P) tract C-2210, government lot 1, 20 recreational 
     residential lots, and adjacent land on Lake Kerr, Marion 
     County, consisting of approximately 30 acres, and more 
     particularly described as T. 13 S., R. 25 E., Sec. 22;
       (Q) tract C-2213, located in the F.M. Arrendondo grant, 
     East of Ocala, Marion County, and including a portion of the 
     land located east of the western right-of-way of State 
     Highway 19, consisting of approximately 15.0 acres, and more 
     particularly described as T. 14 and 15 S., R. 26 E., Sec. 36, 
     38, and 40; and
       (R) all improvements on the parcels described in 
     subparagraphs (A) through (Q).
       (3) Map and legal description.--
       (A) Availability.--The map shall be on file and available 
     for public inspection in the office of the Chief of the 
     Forest Service.
       (B) Modifications.--The Secretary may--
       (i) correct minor errors in the map; and
       (ii) for the purposes of soliciting offers for the sale or 
     exchange of land under paragraph (4), modify the descriptions 
     of land specified in paragraph (2) based on--

       (I) a survey; or
       (II) a determination by the Secretary that the modification 
     would be in the best interest of the public.

       (4) Solicitations of offers.--
       (A) In general.--Subject to such terms and conditions as 
     the Secretary may prescribe, the Secretary may solicit offers 
     for the sale or exchange of land described in paragraph (2).

[[Page 16866]]

       (B) Rejection of offers.--The Secretary may reject any 
     offer received under this section if the Secretary determines 
     that the offer--
       (i) is not adequate; or
       (ii) is not in the public interest.
       (5) Methods of sale.--The Secretary may sell the land 
     described in paragraph (2) at public or private sale 
     (including at auction), in accordance with any terms, 
     conditions, and procedures that the Secretary determines to 
     be appropriate.
       (6) Brokers.--In any sale or exchange of land described in 
     paragraph (2), the Secretary may--
       (A) use a real estate broker; and
       (B) pay the real estate broker a commission in an amount 
     that is comparable to the amounts of commission generally 
     paid for real estate transactions in the area.
       (7) Concurrence of the secretary of the air force.--A 
     parcel of land described in subparagraphs (A) through (G) of 
     paragraph (2) shall not be sold or exchanged by the Secretary 
     without the concurrence of the Secretary of the Air Force.
       (8) Cash equalization.--Notwithstanding section 206(b) of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(b)), if the value of non-Federal land for which Federal 
     land is exchanged under this section is less than the value 
     of the Federal land exchanged, the Secretary may accept a 
     cash equalization payment in excess of 25 percent of the 
     value of the Federal land.
       (9) Disposition of proceeds.--
       (A) In general.--The net proceeds derived from any sale or 
     exchange under this section shall be deposited in the fund 
     established by Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a).
       (B) Use.--Amounts deposited under subparagraph (A) shall be 
     available to the Secretary for expenditure, without further 
     appropriation, for--
       (i) acquisition of land and interests in land for inclusion 
     as units of the National Forest System in the State; and
       (ii) reimbursement of costs incurred by the Secretary in 
     carrying out land sales and exchanges under this section, 
     including the payment of real estate broker commissions under 
     paragraph (6).
       (c) Administration.--
       (1) In general.--Land acquired by the United States under 
     this section shall be--
       (A) subject to the Act of March 1, 1911 (commonly known as 
     the ``Weeks Act'') (16 U.S.C. 480 et seq.); and
       (B) administered in accordance with laws (including 
     regulations) applicable to the National Forest System.
       (2) Applicable law.--The land described in subsection 
     (b)(2) shall not be subject to the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
       (3) Withdrawal.--Subject to valid existing rights, the land 
     described in subsection (b)(2) is withdrawn from location, 
     entry, and patent under the public land laws, mining laws, 
     and mineral leasing laws (including geothermal leasing laws).
                                 ______
                                 
  SA 4540. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed 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; which was ordered to lie on the 
table; as follows:

       At the end of title I, add the following:
       Sec. __. (a) Payment to Harriet Tubman Home, Auburn, New 
     York, Authorized.--(1) The Secretary of the Interior may, 
     using amounts appropriated or otherwise made available by 
     this title, make a payment to the Harriet Tubman Home in 
     Auburn, New York, in the amount of $11,750.
       (2) The amount specified in paragraph (1) is the amount of 
     widow's pension that Harriet Tubman should have received from 
     January 1899 to March 1913 under various laws authorizing 
     pension for the death of her husband, Nelson Davis, a 
     deceased veteran of the Civil War, but did not receive, 
     adjusted for inflation since March 1913.
       (b) Use of Amounts.--The Harriet Tubman Home shall use any 
     amounts received paid under subsection (a) for purposes of--
       (1) preserving and maintaining the Harriet Tubman Home; and
       (2) honoring the memory of Harriet Tubman.
                                 ______
                                 
  SA 4541. Mr. CRAIG (for himself, Mr. Domenici, and Mr. Murkowski) 
submitted an amendment intended to be proposed by him 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; which was ordered to lie on the table; as follows:

       At the appropriate place add the following--

     SEC.   . EMERGENCY HAZARDOUS FUELS REDUCTION PLAN.

       (a) In General.--Subject to subsection (c) and 
     notwithstanding the National Environmental Policy Act of 
     1969, the Secretaries of Agriculture and the Interior shall 
     conduct immediately and to completion, projects consistent 
     with the Implementation Plan for the 10-year Comprehensive 
     Strategy for a Collaborative Approach for Reducing Wildland 
     Fire Risks to Communities and the Environment, May 2002 
     developed pursuant to the Conference Report to the Department 
     of the Interior and Related Agencies Appropriations Act, 2001 
     (House Report 106-646) to reduce hazardous fuels within any 
     areas of federal land under the jurisdiction of the Secretary 
     of Agriculture or the Secretary of the Interior that are 
     outside of Congressionally designated Wilderness Areas and 
     that the appropriate Secretary determines qualifies as a fire 
     risk condition class three area. Any project carried out 
     under this section shall be consistent with the applicable 
     forest plan, resource management plan, or other applicable 
     agency plans.
       (b) Priority.--In implementing projects under this section, 
     the Secretaries of Agriculture and the Interior shall give 
     highest priority to--
       (1) wildland urban interface areas;
       (2) municipal watersheds;
       (3) forested or rangeland areas affected by disease, insect 
     activity, or wind throw; or
       (4) areas susceptible to a reburn.
       (c) Limitations.--In implementing this section, the 
     Secretaries of Agriculture and the Interior shall treat an 
     aggregate area of not more than 10 million acres of federal 
     land, maintain not less than 10 of the largest trees per acre 
     in any treatment area authorized under this section. The 
     Secretaries shall construct no new, permanent roads in RARE 
     II Roadless Area and shall rehabilitate any temporary access 
     or skid trails.
       (d) Process.--The Secretaries of Agriculture and the 
     Interior shall jointly develop--
       (1) notwithstanding the Federal Advisory Committee Act, a 
     collaborative process with interested parties consistent with 
     the Implementation Plan described in subsection (a) for the 
     selection of projects carried out under this section 
     consistent with subsection (b); and
       (2) in cooperation with the Secretary of Commerce, 
     expedited consultation procedures for threatened or 
     endangered species.
       (e) Administrative Process.--
       (1) Review.--Projects conducted under this section shall 
     not be subject to--
       (A) administrative review by the Department of the Interior 
     Office of Hearings and Appeals; or
       (B) the Forest Service appeals process and regulations.
       (2) Regulations.--
       (A) In general.--The Secretaries of Agriculture and the 
     Interior, as appropriate, may promulgate such regulations as 
     are necessary to implement this section.
       (f) Judicial Review.--
       (1) Process review.--The processes developed under 
     subsection (d) shall not be subject to judicial review.
       (2) Review of projects.--Judicial review of a project 
     implemented under this section shall--
       (A) be filed in the Federal District Court for which the 
     Federal lands are located within 7 days after legal notice of 
     the decision to conduct a project under this section is made 
     to the public in a manner as determined by the appropriate 
     Secretary;
       (B) be completed not later than 360 days from the date such 
     request for review is filed with the appropriate court unless 
     the District Court determines that a longer time is needed to 
     satisfy the Constitution;
       (C) not provide for the issuance of a temporary restraining 
     order or a preliminary injunction; and
       (D) be limited to a determination as to whether the 
     selection of the project, based on a review of the record, 
     was arbitrary and capricious.
       (g) Relation to Other Laws.--The authorities provided to 
     the Secretaries of Agriculture and the Interior in this 
     section are in addition to the authorities provided in any 
     other provision, of law, including section 706 of Public Law 
     107-206 with respect to Beaver Park Area and the Norbeck 
     Wildlife Preserve within the Black Hills National Forest.

     SEC.   . QUINCY LIBRARY INITIATIVE.

       (a) Congress reaffirms its original intent that the Herger-
     Feinstein Quincy Library Group Forest Recovery Act of 1998 be 
     implemented. Congress finds that delays and obstacles to 
     implementation of the Act have occurred as a result of the 
     Sierra Nevada Forest Plan Amendment decision January 2001.
       (b) Congress hereby extends the expiration of the Act by 
     five years.
                                 ______
                                 
  SA 4542. Mr. SANTORUM submitted an amendment intended to be proposed 
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; 
which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 3__. ACTIONS TO REDUCE FIRE HAZARDS AND INSECT 
                   INFESTATION ON NATIONAL FOREST SYSTEM LAND.

       (a) Findings.--Congress finds that--

[[Page 16867]]

       (1) forest health conditions on National Forest System land 
     are deteriorating, and it is in the public interest to take 
     immediate action to treat the land;
       (2) pending litigation prevents timely action by the 
     Secretary of Agriculture to reduce the risk of wildfire on 
     National Forest System land using existing administrative and 
     legal processes;
       (3) State and local governments, local industry users, and 
     several environmental groups support immediate action by the 
     Secretary of Agriculture to address the risk of fire danger 
     in an environmentally responsible manner; and
       (4) the Forest Service and State and local fire officials 
     should be encouraged to take any actions necessary to create 
     a defensible fuel zone within State-owned land adjacent to 
     National Forest System land.
       (b) Fire and Insect Risk Reduction in Existing Timber Sale 
     Analysis Areas.--
       (1) In general.--Subject to paragraph (3), the Secretary of 
     Agriculture (referred to in this section as the 
     ``Secretary'') may, as necessary to reduce insect infestation 
     or fire hazards on National Forest System land, treat 
     additional timber--
       (A) inside or outside of the existing cutting units for 
     National Forest System timber sales; and
       (B) in the analysis areas for those sales.
       (2) Timber sale contracts.--In carrying out additional 
     timber treatments under paragraph (1), the Secretary may 
     modify timber sale contracts currently in effect if--
       (A) the purchaser agrees to the modification; or
       (B) the Secretary offers additional timber sales in the 
     timber sale analysis areas.
       (3) Priority.--In carrying out additional timber treatments 
     under paragraph (1), the Secretary shall give preference (in 
     order of priority) to--
       (A) areas that are located not more than \1/4\ mile from 
     private properties on which the owner has taken or is taking 
     actions to treat the timber on the private property;
       (B) stands that--
       (i) are a fire hazard or insect infested; and
       (ii) are in close proximity to--

       (I) private land; or
       (II) communities;

       (C) areas that have the highest concentration of insect 
     infestation that has the potential to spread to other areas;
       (D) stands that--
       (i) are a fire hazard or insect infested; and
       (ii) are in close proximity to areas of high resource value 
     in which retaining green trees is important, such as wildlife 
     habitats, sensitive landscapes, recreation areas, and 
     developments;
       (E) stands that--
       (i) are a high fire hazard or insect infested; and
       (ii) are within skidding distance of existing roads;
       (F) concentrations of insect-infested trees or areas that 
     are high fire hazards; and
       (G) high-density stands that--
       (i) are most susceptible to insect attack; and
       (ii) are in close proximity to insect-infested trees.
       (c) Timing.--Notwithstanding any other provision of law 
     (including the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and the National Forest Management Act 
     of 1976 (16 U.S.C. 472a et seq.)), the Secretary shall 
     immediately carry out any actions authorized by this section.
       (d) Exemption From Applicable Law.--Any action authorized 
     by this section shall not be subject to the notice, comment, 
     and appeal requirements of section 322 of Public Law 102-381 
     (16 U.S.C. 1612 note).
       (e) Judicial Review.--Any action determined by the 
     Secretary to be authorized by this section and the 
     determination by the Secretary shall not be subject to 
     judicial review by any court of the United States.
       (f) Roadless Character.--The actions authorized by this 
     section shall not affect the determination of the wilderness 
     capability, wilderness suitability, or roadless character of 
     any National Forest System land.
       (g) Report.--The Secretary shall submit to Congress a 
     report on the implementation of this section not later than--
       (1) November 30, 2002;
       (2) June 30, 2003; and
       (3) November 30, 2003.
                                 ______
                                 
  SA 4543. Mr. WELLSTONE submitted an amendment intended to be proposed 
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; 
which was ordered to lie on the table; as follows:

       On page 29, line 12, strike ``restoration:'' and insert the 
     following: ``restoration; of which $3,000,000 is available 
     for the United States Geological Survey National Wildlife 
     Health Center to provide research, training, and technical 
     assistance to States relating to the prevention, diagnosis, 
     and management of chronic wasting disease:''.
                                 ______
                                 
  SA 4544. Mr. WELLSTONE submitted an amendment intended to be proposed 
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; 
which was ordered to lie on the table; as follows:

       On page 29, line 12, strike ``restoration:'' and insert the 
     following: ``restoration; of which $4,000,000 is available 
     for the United States Geological Survey National Wildlife 
     Health Center to provide research, training, and technical 
     assistance to States relating to the prevention, diagnosis, 
     and management of chronic wasting disease:''.
                                 ______
                                 
  SA 4545. Mr. WELLSTONE submitted an amendment intended to be proposed 
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; 
which was ordered to lie on the table; as follows:

       On page 29, line 12, strike ``restoration:'' and insert the 
     following: ``restoration; of which $3,000,000 is available to 
     provide research, training, and technical assistance to 
     States relating to the prevention, diagnosis, and management 
     of chronic wasting disease:''.
                                 ______
                                 
  SA 4546. Mr. WELLSTONE submitted an amendment intended to be proposed 
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; 
which was ordered to lie on the table; as follows:

       On page 29, line 12, strike ``restoration:'' and insert the 
     following: ``restoration; of which $4,000,000 is available to 
     provide research, training, and technical assistance to 
     States relating to the prevention, diagnosis, and management 
     of chronic wasting disease:''.
                                 ______
                                 
  SA 4547. Mr. ENZI submitted an amendment intended to be proposed 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; 
which was ordered to lie on the table; as follows:

       On page 38, lines 13 and 14, strike ``$348,252,000, to 
     remain available until expended'' and insert ``$350,252,000, 
     to remain available until expended, of which $2,000,000 shall 
     be made available for the rehabilitation and construction of 
     the Wind River Irrigation Project (to be derived by transfer 
     of that amount from the amount made available for tribally 
     controlled community colleges under the heading `operation of 
     indian programs')''.
                                 ______
                                 
  SA 4548. Mr. SARBANES submitted an amendment intended to be proposed 
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; 
which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 3__. REPORT ON AVIAN MORTAILITY AT COMMUNICATIONS 
                   TOWERS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the United States Fish 
     and Wildlife Service, in cooperation with the Chairman of the 
     Federal Communications Commission and the Administrator of 
     the Federal Aviation Administration, shall submit to the 
     Committee on Appropriations, the Committee on Environment and 
     Public Works, and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on avian mortality at 
     communications towers in the United States.
       (b) Contents.--The report submitted under subsection (a) 
     shall include--
       (1) an estimate of the number of birds that collide with 
     communication towers;
       (2) a description of the causes of those collisions; and
       (3) recommendations on how to prevent those collisions.
                                 ______
                                 
  SA 4549. Mr. TORRICELLI 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 37, between lines 5 and 6, insert the following:
       (c) Privacy Audit.--
       (1) In general.--The Privacy Officer shall conduct an audit 
     of the Department to--

[[Page 16868]]

       (A) evaluate the privacy practices of the Department, 
     including compliance with provisions under section 552a of 
     title 5, United States Code; and
       (B) recommend strategies to improve the management of 
     personal information.
       (2) Issues to be studied.--The audit shall include--
       (A) a detailed review of the on-line and off-line privacy 
     management policies and practices of the Department with 
     respect to the collection, retention, use, and disclosure of 
     personal information; and
       (B) a detailed report of the privacy practices of the 
     Department and recommendations for their improvement.
       (3) Completion date.--
       (A) Initial audit.--The initial audit under this subsection 
     shall be completed not later than 24 months after the 
     effective date of this division.
       (B) Subsequent audits.--Subsequent audits under this 
     subsection shall be completed not later than 3 years after 
     the submission of the previous audit report.
       (4) Report.--Upon the completion of each audit under this 
     subsection, the Privacy Officer shall submit a report to 
     Congress that contains--
       (A) the results of the audit; and
       (B) recommendations for improvement of the management of 
     personal information by the Department.
                                 ______
                                 
  SA 4540. Mrs. HUTCHISON submitted an amendment intended to be 
proposed 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                               CHAPTER--

                      DEPARTMENT OF TRANSPORTATION


                    federal aviation administration

                    (AIRPORT AND AIRWAY TRUST FUND)

       For an additional amount to enable the Federal Aviation 
     Administrator to compensate air carriers for the direct costs 
     associated with the strengthening of flight deck doors and 
     locks on aircraft required by section 104(a)(1)(B) of the 
     Aviation and Transportation Security Act, notwithstanding any 
     other provision of law, $100,000,000 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.
                                 ______
                                 
  SA 4551. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 4532 proposed by Mr. Byrd (for himself and Mr. 
Stevens) to the 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; which was ordered to lie on the table; as follows:

       In the text of the provision captioned Chapter 8, strike 
     ``expended:'' and insert ``expended, and for an additional 
     amount to enable the Federal Aviation Administrator to 
     compensate air carriers for the direct costs associated with 
     the strengthening of flight deck doors and locks on aircraft 
     required by section 104(a)(1)(B) of the Aviation and 
     Transportation Security Act, notwithstanding any other 
     provision of law, $100,000,000 to be derived from the Airport 
     and Airway Trust Fund and to remain available until 
     expended:''.
                                 ______
                                 
  SA 4552. Mrs. CLINTON (for herself and Mr. Specter) 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 67, insert between lines 15 and 16 the following:
       In this subsection, the term ``key resources'' includes 
     National Park Service sites identified by the Secretary of 
     the Interior that are so universally recognized as symbols of 
     the United States and so heavily visited by the American and 
     international public that such sites would likely be 
     identified as targets of terrorist attacks, including the 
     Statue of Liberty, Independence Hall and the Liberty Bell, 
     the Arch in St. Louis, Missouri, the Golden Gate Bridge, Mt. 
     Rushmore, and memorials and monuments in Washington, D.C.
                                 ______
                                 
  SA 4553. Mr. BAUCUS (for himself and Mr. Burns) submitted an 
amendment intended to be proposed 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; which was ordered to lie on the 
table; as follows:

       On page 123, lines 12 through 15, strike ``28 contracts'' 
     and all that follows through ``Region 1'' and insert ``30 
     contracts subject to the same terms and conditions as 
     provided in this section: Provided, That of the additional 
     contracts authorized by this section at least 11 shall be 
     allocated to Region 1, of which at least 2 contracts shall be 
     allocated to the Kootenai National Forest because of special 
     circumstances there.''
                                 ______
                                 
  SA 4554. Mr. SARBANES (for himself and Mr. Warner, Ms. Mikulski, and 
Mr. Allen) 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 114, between lines 20 and 21, insert the following:

     SEC. 141. OFFICE FOR NATIONAL CAPITAL REGION COORDINATION.

       (a) Establishment.--
       (1) In general.--There is established within the Office of 
     the Secretary the Office of National Capital Region 
     Coordination, to oversee and coordinate Federal programs for 
     and relationships with State, local, and regional authorities 
     in the National Capital Region, as defined under section 
     2674(f)(2) of title 10, United States Code.
       (2) Director.--The Office established under paragraph (1) 
     shall be headed by a Director, who shall be appointed by the 
     Secretary.
       (3) Cooperation.--The Secretary shall cooperate with the 
     Mayor of the District of Columbia, the Governors of Maryland 
     and Virginia, and other State, local, and regional officers 
     in the National Capital Region to integrate the District of 
     Columbia, Maryland, and Virginia into the planning, 
     coordination, and execution of the activities of the Federal 
     Government for the enhancement of domestic preparedness 
     against the consequences of terrorist attacks.
       (b) Responsibilities.--The Office established under 
     subsection (a)(1) shall--
       (1) coordinate the activities of the Department relating to 
     the National Capital Region, including cooperation with the 
     Homeland Security Liaison Officers for Maryland, Virginia, 
     and the District of Columbia within the Office for State and 
     Local Government Coordination;
       (2) assess, and advocate for, the resources needed by 
     State, local, and regional authorities in the National 
     Capital Region to implement efforts to secure the homeland;
       (3) provide State, local, and regional authorities in the 
     National Capital Region with regular information, research, 
     and technical support to assist the efforts of State, local, 
     and regional authorities in the National Capital Region in 
     securing the homeland;
       (4) develop a process for receiving meaningful input from 
     State, local, and regional authorities and the private sector 
     in the National Capital Region to assist in the development 
     of the homeland security plans and activities of the Federal 
     Government;
       (5) coordinate with Federal agencies in the National 
     Capital Region on terrorism preparedness, to ensure adequate 
     planning, information sharing, training, and execution of the 
     Federal role in domestic preparedness activities;
       (6) coordinate with Federal, State, local, and regional 
     agencies, and the private sector in the National Capital 
     Region on terrorism preparedness to ensure adequate planning, 
     information sharing, training, and execution of domestic 
     preparedness activities among these agencies and entities; 
     and
       (7) serve as a liaison between the Federal Government and 
     State, local, and regional authorities, and private sector 
     entities in the National Capital Region to facilitate access 
     to Federal grants and other programs.
       (c) Annual Report.--The Office established under subsection 
     (a) shall submit an annual report to Congress that includes--
       (1) the identification of the resources required to fully 
     implement homeland security efforts in the National Capital 
     Region;
       (2) an assessment of the progress made by the National 
     Capital Region in implementing homeland security efforts; and
       (3) recommendations to Congress regarding the additional 
     resources needed to fully implement homeland security efforts 
     in the National Capital Region.
       (d) Limitation.--Nothing contained in this section shall be 
     construed as limiting the power of State and local 
     governments.
                                 ______
                                 
  SA 4555. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:
       At the appropriate place insert the following:

[[Page 16869]]



     SEC. 164. USE OF NATIONAL PRIVATE SECTOR NETWORKS IN 
                   EMERGENCY RESPONSE.

  To the maximum extent practicable, the Secretary shall use national 
private sector networks and infrastructure for emergency response to 
chemical, biological, radiological, nuclear, or explosive disasters, 
and other major disasters.
                                 ______
                                 
  SA 4556. Mr. ALLARD 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 34, insert between lines 13 and 14 the following:
       (c) Additional Duties.--
       (1) Defined term.--In this section, the term ``geospatial 
     information'' means collecting, storing, retrieving, or 
     disseminating graphical or digital data depicting natural or 
     manmade physical features, phenomena or boundaries of the 
     earth and any information related thereto, including surveys, 
     maps, charts, satellite and airborne remote sensing data, 
     images, and services, with services performed by 
     professionals such as surveyors, photogrammetrists, 
     hydrographers, geodesists, cartographers, and other such 
     services of an architectural or engineering nature.
       (2) Coordination of geospatial information.--The Chief 
     Information Officer shall establish and carry out a program 
     to provide for the efficient use of geospatial information, 
     which shall include--
       (A) providing such geospatial information as may be 
     necessary to implement the comprehensive national 
     infrastructure plan under section 133(b)(3); and
       (B) providing leadership in meeting the requirements of, 
     and populate the databases used by, those responsible for 
     planning, prevention, mitigation, assessment and response to 
     emergencies, critical infrastructure and other Department 
     functions, and to assure the interoperability of, and prevent 
     unnecessary duplication of, geospatial information among all 
     users.
       (3) Responsibilities.--In carrying out paragraph (2), the 
     responsibilities of the Chief Information Officer shall 
     include--
       (A) managing the geospatial information needs and 
     activities of the Department;
       (B) establishing such standards as are necessary to assure 
     the interoperability of geospatial information pertaining to 
     Homeland Security among all users of such information 
     within--
       (i) the Department;
       (ii) other agencies;
       (iii) State and local government; and
       (iv) the private sector;
       (C) coordinating with and providing liaison to the Federal 
     Geographic Data Committee and carrying out the Department's 
     responsibilities pursuant to Office of Management and Budget 
     Circular A-16 and Executive Order 12906;
       (D) assisting and encouraging the Undersecretary for 
     Emergency Preparedness in providing grants--
       (i) to fund the creation and procurement of geospatial 
     information systems and data; and
       (ii) to execute information sharing agreements with State, 
     local, and tribal governments; and
       (E) to the maximum extent possible, ensuring that the 
     Department utilizes commercial geospatial data and services 
     available by awarding contracts to entities in the private 
     sector.
       (4) Precautions.--The Secretary shall ensure that the 
     proper precautions are observed regarding public access to 
     data which may be of critical importance regarding national 
     or homeland security.

       On page 72, after line 8, insert the following:
       (15) With the assistance of the Chief Information Officer 
     and, where appropriate, in consultation with the Under 
     Secretary for Critical Infrastructure Protection, providing 
     grants regarding geospatial information, as described in 
     section 108(c)(1)--
       (A) to fund creation and procurement of geospatial 
     information systems and data; and
       (B) to execute information sharing agreements with State, 
     local, and tribal governments.
                                 ______
                                 
  SA 4557. Ms. CANTWELL 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 211, strike lines 10 and 11, and insert the 
     following:

                        TITLE VI--IDENTITY THEFT

     SEC. 601. SHORT TITLE.

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

     SEC. 602. TREATMENT OF IDENTITY THEFT MITIGATION.

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

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

       ``(a) Definitions.--As used in this section--
       ``(1) the term `business entity' means any corporation, 
     trust, partnership, sole proprietorship, or unincorporated 
     association, including any financial service provider, 
     financial information repository, creditor (as that term is 
     defined in section 103 of the Truth in Lending Act (15 U.S.C. 
     1602)), telecommunications, utilities, or other service 
     provider;
       ``(2) the term `consumer' means an individual;
       ``(3) the term `financial information' means information 
     identifiable as relating to an individual consumer that 
     concerns the amount and conditions of the assets, 
     liabilities, or credit of the consumer, including--
       ``(A) account numbers and balances;
       ``(B) nonpublic personal information, as that term is 
     defined in section 509 of the Gramm-Leach-Bliley Act (15 
     U.S.C. 6809); and
       ``(C) codes, passwords, social security numbers, tax 
     identification numbers, State identifier numbers issued by a 
     State department of licensing, and other information used for 
     the purpose of account access or transaction initiation;
       ``(4) the term `financial information repository' means a 
     person engaged in the business of providing services to 
     consumers who have a credit, deposit, trust, stock, or other 
     financial services account or relationship with that person;
       ``(5) the term `identity theft' means an actual or 
     potential violation of section 1028 or any other similar 
     provision of Federal or State law;
       ``(6) the term `means of identification' has the same 
     meaning given the term in section 1028; and
       ``(7) the term `victim' means a consumer whose means of 
     identification or financial information has been used or 
     transferred (or has been alleged to have been used or 
     transferred) without the authority of that consumer with the 
     intent to commit, or to aid or abet, identity theft or any 
     other violation of law.
       ``(b) Information Available to Victims.--
       ``(1) In general.--A business entity that possesses 
     information relating to an alleged identity theft, or that 
     has entered into a commercial transaction, provided credit, 
     provided, for consideration, products, goods, or services, 
     accepted payment, or otherwise done business for 
     consideration with a person that has made unauthorized use of 
     the means of identification of the victim, shall, not later 
     than 20 days after the receipt of a written request by the 
     victim, meeting the requirements of subsection (c), and in 
     compliance with subsection (d), provide, without charge, a 
     copy of all application and business transaction information 
     related to the transaction being alleged as an identity theft 
     to--
       ``(A) the victim;
       ``(B) any Federal, State, or local governing law 
     enforcement agency or officer specified by the victim; or
       ``(C) any law enforcement agency investigating the identity 
     theft and authorized by the victim to take receipt of records 
     provided under this section.
       ``(2) Rule of construction.--
       ``(A) In general.--No provision of Federal or State law 
     prohibiting the disclosure of financial information by a 
     business entity to third parties shall be used to deny 
     disclosure of information to the victim under this section.
       ``(B) Limitation.--Except as provided in subparagraph (A), 
     nothing in this section requires a business entity to 
     disclose information that the business entity is otherwise 
     prohibited from disclosing under any other provision of 
     Federal or State law.
       ``(c) Verification of Identity and Claim.--Unless a 
     business entity, at its discretion, is otherwise able to 
     verify the identity of a victim making a request under 
     subsection (b)(1), the victim shall provide to the business 
     entity--
       ``(1) as proof of positive identification, at the election 
     of the business entity--
       ``(A) the presentation of a government-issued 
     identification card;
       ``(B) if providing proof by mail, a copy of a government-
     issued identification card;
       ``(C) personally identifying information of the same type 
     as was provided to the business entity by the unauthorized 
     person; or
       ``(D) personally identifying information that the business 
     entity typically requests from new applicants or for new 
     transactions at the time of the victim's request for 
     information; and
       ``(2) as proof of a claim of identity theft, at the 
     election of the business entity--
       ``(A) a copy of a police report evidencing the claim of the 
     victim of identity theft;
       ``(B) a copy of a standardized affidavit of identity theft 
     developed and made available by the Federal Trade Commission; 
     or
       ``(C) any affidavit of fact that is acceptable to the 
     business entity for that purpose.
       ``(d) Verification Standard.--Prior to releasing records 
     pursuant to subsection (b), a business entity shall take 
     reasonable steps to verify the identity of the victim 
     requesting such records.
       ``(e) Limitation on Liability.--No business entity may be 
     held liable for a disclosure,

[[Page 16870]]

     made in good faith and reasonable judgment, to provide 
     information under this section with respect to an individual 
     in connection with an identity theft to other business 
     entities, law enforcement authorities, victims, or any person 
     alleging to be a victim, if--
       ``(1) the business entity complies with subsection (c); and
       ``(2) such disclosure was made--
       ``(A) for the purpose of detection, investigation, or 
     prosecution of identity theft; or
       ``(B) to assist a victim in recovery of fines, restitution, 
     rehabilitation of the credit of the victim, or such other 
     relief as may be appropriate.
       ``(f) Authority to Decline to Provide Information.--A 
     business entity may decline to provide information under 
     subsection (b) if, in the exercise of good faith and 
     reasonable judgment, the business entity believes that--
       ``(1) this section does not require disclosure of the 
     information;
       ``(2) the request for the information is based on a 
     misrepresentation of fact by the victim relevant to the 
     request for information; or
       ``(3) the information requested is Internet navigational 
     data or similar information about a person's visit to a 
     website or online service.
       ``(g) No New Recordkeeping Obligation.--Nothing in this 
     section creates an obligation on the part of a business 
     entity to obtain, retain, or maintain information or records 
     that are not otherwise required to be obtained, retained, or 
     maintained in the ordinary course of its business or under 
     other applicable law.
       ``(h) Enforcement.--
       ``(1) Civil actions.--
       ``(A) In general.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been, or is threatened to be, 
     adversely affected by a violation of this section by any 
     business entity, the State, as parens patriae, may bring a 
     civil action on behalf of the residents of the State in a 
     district court of the United States of appropriate 
     jurisdiction to--
       ``(i) enjoin that practice;
       ``(ii) enforce compliance of this section;
       ``(iii) obtain damages--

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

       ``(iv) obtain such other equitable relief as the court may 
     consider to be appropriate.
       ``(B) Notice.--Before bringing an action under subparagraph 
     (A), the attorney general of the State involved shall provide 
     to the Attorney General of the United States--
       ``(i) written notice of the action; and
       ``(ii) a copy of the complaint for the action.
       ``(C) Affirmative defense.--In any civil action brought to 
     enforce this section, it is an affirmative defense (which the 
     defendant must establish by a preponderance of the evidence) 
     for a business entity to file an affidavit or answer stating 
     that--
       ``(i) the business entity has made a reasonably diligent 
     search of its available business records; and
       ``(ii) the records requested under this section do not 
     exist or are not available.
       ``(D) No private right of action.--Nothing in this section 
     shall be construed to provide a private right of action or 
     claim for relief.
       ``(2) Intervention.--
       ``(A) In general.--On receiving notice of an action under 
     paragraph (1)(B), the Attorney General of the United States 
     shall have the right to intervene in that action.
       ``(B) Effect of intervention.--If the Attorney General of 
     the United States intervenes in an action under this 
     subsection, the Attorney General shall have the right to be 
     heard with respect to any matter that arises in that action.
       ``(C) Service of process.--Upon request of the Attorney 
     General of the United States, the attorney general of a State 
     that has filed an action under this subsection shall, 
     pursuant to Rule 4(d)(4) of the Federal Rules of Civil 
     Procedure, serve the Government with--
       ``(i) a copy of the complaint; and
       ``(ii) written disclosure of substantially all material 
     evidence and information in the possession of the attorney 
     general of the State.
       ``(3) Construction.--For purposes of bringing any civil 
     action under this subsection, nothing in this section shall 
     be construed to prevent an attorney general of a State from 
     exercising the powers conferred on such attorney general by 
     the laws of that State--
       ``(A) to conduct investigations;
       ``(B) to administer oaths or affirmations; or
       ``(C) to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(4) Actions by the attorney general of the united 
     states.--In any case in which an action is instituted by or 
     on behalf of the Attorney General of the United States for a 
     violation of this section, no State may, during the pendency 
     of that action, institute an action under this subsection 
     against any defendant named in the complaint in that action 
     for violation of that practice.
       ``(5) Venue; service of process.--
       ``(A) Venue.--Any action brought under this subsection may 
     be brought in the district court of the United States--
       ``(i) where the defendant resides;
       ``(ii) where the defendant is doing business; or
       ``(iii) that meets applicable requirements relating to 
     venue under section 1391 of title 28.
       ``(B) Service of process.--In an action brought under this 
     subsection, process may be served in any district in which 
     the defendant--
       ``(i) resides;
       ``(ii) is doing business; or
       ``(iii) may be found.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 47 of title 18, United States Code, is 
     amended by inserting after the item relating to section 1028 
     the following new item:

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

     SEC. 603. AMENDMENTS TO THE FAIR CREDIT REPORTING ACT.

       (a) Consumer Reporting Agency Blocking of Information 
     Resulting From Identity Theft.--Section 611 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681i) is amended by adding 
     at the end the following:
       ``(e) Block of Information Resulting From Identity Theft.--
       ``(1) Block.--Except as provided in paragraphs (4) and (5) 
     and not later than 30 days after the date of receipt of proof 
     of the identity of a consumer and an official copy of a 
     police report evidencing the claim of the consumer of 
     identity theft, a consumer reporting agency shall block the 
     reporting of any information identified by the consumer in 
     the file of the consumer resulting from the identity theft, 
     so that the information cannot be reported.
       ``(2) Reinvestigation.--A consumer reporting agency shall 
     reinvestigate any information that a consumer has requested 
     to be blocked under paragraph (1) in accordance with the 
     requirements of subsections (a) through (d).
       ``(3) Notification.--A consumer reporting agency shall, 
     within the time period specified in subsection (a)(2)(A)--
       ``(A) provide the furnisher of the information identified 
     by the consumer under paragraph (1) with the information 
     described in subsection (a)(2); and
       ``(B) notify the furnisher--
       ``(i) that the information may be a result of identity 
     theft;
       ``(ii) that a police report has been filed;
       ``(iii) that a block has been requested under this 
     subsection; and
       ``(iv) of the effective date of the block.
       ``(4) Authority to decline or rescind.--
       ``(A) In general.--A consumer reporting agency may at any 
     time decline to block, or may rescind any block, of consumer 
     information under this subsection if--
       ``(i) in the exercise of good faith and reasonable 
     judgment, the consumer reporting agency finds that--

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

       ``(ii) the consumer agrees that the blocked information or 
     portions of the blocked information were blocked in error; or
       ``(iii) the consumer reporting agency determines--

       ``(I) that the consumer's dispute is frivolous or 
     irrelevant in accordance with subsection (a)(3); or
       ``(II) after completion of its reinvestigation under 
     subsection (a)(1), that the information disputed by the 
     consumer is accurate, complete, and verifiable in accordance 
     with subsection (a)(5).

       ``(B) Notification to consumer.--If the block of 
     information is declined or rescinded under this paragraph, 
     the affected consumer shall be notified, in the same manner 
     and within the same time period as consumers are notified of 
     the reinsertion of information under subsection (a)(5)(B).
       ``(C) Significance of block.--For purposes of this 
     paragraph, if a consumer reporting agency rescinds a block, 
     the presence of information in the file of a consumer prior 
     to the blocking of such information is not evidence of 
     whether the consumer knew or should have known that the 
     consumer obtained possession of any goods, services, or 
     monies as a result of the block.
       ``(5) Exceptions.--
       ``(A) Negative information data.--A consumer reporting 
     agency shall not be required to comply with this subsection 
     when such agency is issuing information for authorizations, 
     for the purpose of approving or processing negotiable 
     instruments, electronic funds transfers, or similar methods 
     of payment, based solely on negative information, including--
       ``(i) dishonored checks;
       ``(ii) accounts closed for cause;
       ``(iii) substantial overdrafts;
       ``(iv) abuse of automated teller machines; or
       ``(v) other information which indicates a risk of fraud 
     occurring.

[[Page 16871]]

       ``(B) Resellers.--The provisions of this subsection do not 
     apply to a consumer reporting agency if the consumer 
     reporting agency--
       ``(i) does not maintain a file on the consumer from which 
     consumer reports are produced;
       ``(ii) is not, at the time of the request of the consumer 
     under paragraph (1), otherwise furnishing or reselling a 
     consumer report concerning the information identified by the 
     consumer; and
       ``(iii) informs the consumer, by any means, that the 
     consumer may report the identity theft to the Federal Trade 
     Commission to obtain consumer information regarding identity 
     theft.''.
       (b) False Claims.--Section 1028 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(j) Any person who knowingly falsely claims to be a 
     victim of identity theft for the purpose of obtaining the 
     blocking of information by a consumer reporting agency under 
     section 611(e)(1) of the Fair Credit Reporting Act (15 U.S.C. 
     1681i(e)(1)) shall be fined under this title, imprisoned not 
     more than 3 years, or both.''.
       (c) Statute of Limitations.--Section 618 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681p) is amended to read as 
     follows:

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

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

     SEC. 604. COORDINATING COMMITTEE STUDY OF COORDINATION 
                   BETWEEN FEDERAL, STATE, AND LOCAL AUTHORITIES 
                   IN ENFORCING IDENTITY THEFT LAWS.

       (a) Membership; Term.--Section 2 of the Internet False 
     Identification Prevention Act of 2000 (18 U.S.C. 1028 note) 
     is amended--
       (1) in subsection (b), by striking ``and the Commissioner 
     of Immigration and Naturalization'' and inserting ``the 
     Commissioner of Immigration and Naturalization, the Chairman 
     of the Federal Trade Commission, the Postmaster General, and 
     the Commissioner of the United States Customs Service,''; and
       (2) in subsection (c), by striking ``2 years after the 
     effective date of this Act.'' and inserting ``on December 28, 
     2004.''.
       (b) Consultation.--Section 2 of the Internet False 
     Identification Prevention Act of 2000 (18 U.S.C. 1028 note) 
     is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Consultation.--In discharging its duties, the 
     coordinating committee shall consult with interested parties, 
     including State and local law enforcement agencies, State 
     attorneys general, representatives of business entities (as 
     that term is defined in section 603 of the Identity Theft 
     Victims Assistance Act of 2002), including telecommunications 
     and utility companies, and organizations representing 
     consumers.''.
       (c) Report Distribution and Contents.--Section 2(e) of the 
     Internet False Identification Prevention Act of 2000 (18 
     U.S.C. 1028 note) (as redesignated by subsection (b)) is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The Attorney General and the Secretary 
     of the Treasury, at the end of each year of the existence of 
     the coordinating committee, shall report on the activities of 
     the coordinating committee to--
       ``(A) the Committee on the Judiciary of the Senate;
       ``(B) the Committee on the Judiciary of the House of 
     Representatives;
       ``(C) the Committee on Banking, Housing, and Urban Affairs 
     of the Senate; and
       ``(D) the Committee on Financial Services of the House of 
     Representatives.'';
       (2) in subparagraph (E), by striking ``and'' at the end; 
     and
       (3) by striking subparagraph (F) and inserting the 
     following:
       ``(F) a comprehensive description of Federal assistance 
     provided to State and local law enforcement agencies to 
     address identity theft;
       ``(G) a comprehensive description of coordination 
     activities between Federal, State, and local law enforcement 
     agencies that address identity theft;
       ``(H) a comprehensive description of how the Federal 
     Government can best provide State and local law enforcement 
     agencies with timely and current information regarding 
     terrorists or terrorist activity where such information 
     specifically relates to identity theft; and
       ``(I) recommendations in the discretion of the President, 
     if any, for legislative or administrative changes that 
     would--
       ``(i) facilitate more effective investigation and 
     prosecution of cases involving--

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

       ``(ii) improve the effectiveness of Federal assistance to 
     State and local law enforcement agencies and coordination 
     between Federal, State, and local law enforcement agencies; 
     and
       ``(iii) simplify efforts by a person necessary to rectify 
     the harm that results from the theft of the identity of such 
     person.''.

                       TITLE VII--EFFECTIVE DATE

     SEC. 701. EFFECTIVE DATE.

                                 ______
                                 
  SA 4558. Ms. CANTWELL 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 18, lines 14-15
       Strike ``not later than 4 years'' and insert ``not later 
     than 5 years''.
                                 ______
                                 
  SA 4559. Mr. CRAIG (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed 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; which was ordered to lie on the 
table; as follows:

       In the appropriate place, insert the following:

     SEC.   . LEWIS AND CLARK BICENTENNIAL CORPS OF DISCOVERY II 
                   TRAVELING EDUCATION CENTER.

       The National Park Service, using funds made available by 
     this act, shall provide $2 million toward equipping and 
     operating the Lewis and Clark Bicentennial Corps of Discovery 
     II Traveling Education Center.
                                 ______
                                 
  SA 4560. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill H.R. 5005, to establish the Department of Homeland 
Security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MODIFICATIONS TO AVIATION AND TRANSPORTATION 
                   SECURITY ACT.

       (a) Security Screening Opt-Out Program.--Section 44919(d) 
     of title 49, United States Code, is amended--
       (1) by striking ``not more than 1 airport from each of the 
     5 airport security risk categories'' and inserting ``up to 40 
     airports equally distributed among the 5 airport security 
     risk categories''; and
       (2) by adding at the end the following: ``The Under 
     Secretary shall encourage large and medium hub airports to 
     participate in the program''.
       (b) Extension of Deadline.--Section 110(c)(2) of the 
     Aviation and Transportation Security Act is amended by 
     striking ``1 year after the date of enactment of this Act'' 
     and inserting ``December 31, 2002''.
                                 ______
                                 
  SA 4561. Mr. COCHRAN (for himself, Mr. Frist, and Mr. Leahy) 
submitted an amendment intended to be proposed 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; which was ordered to 
lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

TITLE __--VOLUNTARY SEPARATION INCENTIVE PAYMENTS FOR EMPLOYEES OF THE 
                        SMITHSONIAN INSTITUTION

     SECTION __01. SHORT TITLE.

       This title may be cited as the ``Smithsonian Personnel 
     Flexibility Act of 2002''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Employee.--
       (A) In general.--The term ``employee'' means a civil 
     service employee of the Institution who--
       (i) is serving under an appointment without time 
     limitation; and
       (ii) has been employed by the Institution as a civil 
     service employee for a continuous period of at least 3 years.

[[Page 16872]]

       (B) Exclusions.--The term ``employee'' does not include--
       (i) a reemployed annuitant under--

       (I) subchapter III of chapter 83 or chapter 84 of title 5, 
     United States Code; or
       (II) another retirement system for employees of the Federal 
     Government;

       (ii) an employee with a disability for which the employee 
     is or would be eligible for disability retirement under--

       (I) subchapter III of chapter 83 or chapter 84 of title 5, 
     United States Code; or
       (II) another retirement system for employees of the Federal 
     Government;

       (iii) an employee who has received a decision notice of 
     involuntary separation for misconduct or unacceptable 
     performance;
       (iv) an employee who has previously received an incentive 
     payment from the Federal Government under this title or any 
     other authority;
       (v) an employee who--

       (I) is covered by statutory reemployment rights; and
       (II) is on transfer employment with another organization; 
     or

       (vi) an employee who--

       (I) during the 24-month period preceding the date of 
     separation of the employee, received and did not repay a 
     recruitment or relocation bonus under section 5753 of title 
     5, United States Code;
       (II) during the 12-month period preceding the date of 
     separation of the employee, received and did not repay a 
     retention allowance under section 5754 of title 5, United 
     States Code; or
       (III) during the 36-month period preceding the date of 
     separation of the employee, did not repay funds provided for 
     student loan repayment under section 5379 of title 5, United 
     States Code, unless the paying agency has waived the right to 
     recover those funds.

       (2) Executive branch employee.--The term ``executive branch 
     employee'' means an employee of an Executive agency (as 
     defined in section 105 of title 5, United States Code), other 
     than the United States Postal Service or the Postal Rate 
     Commission, who is employed under section __05.
       (3) Incentive payment.--The term ``incentive payment'' 
     means a voluntary separation incentive payment authorized 
     under section __04(a).
       (4) Institution.--The term ``Institution'' means the 
     Smithsonian Institution.
       (5) Judicial branch employee.--The term ``judicial branch 
     employee'' means an employee of the judicial branch of the 
     Federal Government employed under section __05.
       (6) Plan.--The term ``plan'' means the voluntary separation 
     incentive plan for the Institution completed under section 
     __03(a).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Smithsonian Institution.

     SEC. __03. VOLUNTARY SEPARATION INCENTIVE PAYMENT PLAN.

       (a) In General.--Before obligating any funds of the 
     Institution for incentive payments, the Secretary shall 
     complete a voluntary separation incentive payment plan for 
     the Institution that--
       (1) describes the intended use of the incentive payments; 
     and
       (2) provides a proposed organizational chart for the 
     Institution describing the organization of the Institution 
     after the incentive payments have been completed.
       (b) Contents.--The plan shall include--
       (1) the specific positions and functions to be reduced or 
     eliminated;
       (2) a description of which categories of employees will be 
     offered incentive payments;
       (3) the time period during which incentive payments shall 
     be paid;
       (4) the number and amounts of incentive payments to be 
     offered; and
       (5) a description of how the Institution will operate 
     without the eliminated positions and functions.
       (c) Implementation.--Before implementing the plan, the 
     Secretary shall consult with the Director of the Office of 
     Management and Budget.

     SEC. __04. AUTHORITY TO PROVIDE VOLUNTARY SEPARATION 
                   INCENTIVE PAYMENTS.

       (a) In General.--The Secretary may make an incentive 
     payment to any employee who voluntarily separates within the 
     3-year period beginning on the date of enactment of this Act 
     in accordance with this title and the plan.
       (b) Requirements.--An incentive payment--
       (1) shall be offered to employees on the basis of--
       (A) organizational unit;
       (B) occupational series or level;
       (C) geographic location;
       (D) specific periods during which employees may elect an 
     incentive payment;
       (E) skills, knowledge, or other job-related factors; or
       (F) a combination of the factors described in subparagraphs 
     (A) through (E);
       (2) shall be paid in a lump sum after the separation of the 
     employee;
       (3) shall be equal to the lesser of--
       (A) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of title 5, United 
     States Code (without adjustment for any previous payment 
     made); or
       (B) an amount determined by the Secretary, not to exceed 
     $25,000;
       (4) may be made only in the case of an employee who 
     voluntarily separates, by retirement or resignation, under 
     this title;
       (5) shall not be a basis for payment, or included in the 
     computation, of any other type of benefit of the Federal 
     Government;
       (6) shall not be taken into account in determining the 
     amount of any severance pay to which the employee may be 
     entitled under section 5595 of title 5, United States Code, 
     from any other separation; and
       (7) shall be paid from funds available for the payment of 
     the basic pay of the employee.

     SEC. __05. EFFECT OF SUBSEQUENT EMPLOYMENT BY THE FEDERAL 
                   GOVERNMENT.

       (a) In General.--Except as provided in subsection (b), if, 
     within the 5-year period beginning on the date of separation 
     of the employee under this title, an employee who has 
     received a voluntary separation incentive payment under this 
     title accepts employment for compensation with the Federal 
     Government (other than the legislative branch) (including, 
     with respect to any employee other than an executive branch 
     employee or a judicial branch employee, employment under a 
     personal services contract), the employee shall, before the 
     first day of employment with the Federal Government, pay to 
     the Institution the entire amount of the incentive payment.
       (b) Exceptions.--
       (1) Executive branch employee.--If an employee described in 
     subsection (a) is an executive branch employee, the Director 
     of the Office of Personnel Management may, at the request of 
     the head of the employing agency, waive repayment under 
     subsection (a) if--
       (A) the executive branch employee possesses unique 
     abilities; or
       (B) in the case of an emergency involving a direct threat 
     to life or property, the executive branch employee--
       (i) has skills directly related to resolving the emergency; 
     and
       (ii) shall be employed only until such time as the 
     emergency is resolved.
       (2) Judicial branch employee.--If an employee described in 
     subsection (a) is a judicial branch employee, the Director of 
     the Administrative Office of the United States Courts may 
     waive repayment under subsection (a) if the employee--
       (A) possesses unique abilities; and
       (B) is the only qualified applicant available for the 
     position.
                                 ______
                                 
  SA 4562. Mr. BINGAMAN (for himself and Mr. Daschle) submitted an 
amendment intended to be proposed by him 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     ``SEC. __.

       ``(a) Findings.--Congress finds that:
       ``(1) In 2002 approximately six and one half million acres 
     of forest lands in the United States have burned, 21 people 
     have lost their lives, and 3,079 structures have been 
     destroyed. The Forest Service and the Bureau of Land 
     Management have spent more than $1 billion fighting these 
     fires.
       ``(2) 73 million acres of public lands are classified as 
     class 3 fire risks. This includes 23 million acres that are 
     in strategic areas designated by the Forest Service and the 
     Department of the Interior for emergency treatment to 
     withstand catastrophic fire.
       ``(3) The forest management policy of fire suppression has 
     resulted in an accumulation of fuel loads, dead and dying 
     trees, and non-native species that creates fuel ladders which 
     allow fires to reach the crowns of large old trees and cause 
     catastrophic fire.
       ``(4) The Forest Service and the Department of the Interior 
     should immediately undertake an emergency forest grooming 
     program to reduce the risk of catastrophic fire.
       ``(b) In General.--The Secretary of Agriculture and the 
     Secretary of the Interior shall conduct immediately and to 
     completion projects consistent with the Implementation Plan 
     for the 10-year Comprehensive Strategy for a Collaborative 
     Approach for Reducing Wildland Fire Risks to Communities and 
     the Environment, dated May 2002, developed pursuant to the 
     Conference Report to the Department of the Interior and 
     Related Agencies Appropriations Act, FY 2001 (H. Rept. 106-
     646) to reduce hazardous fuels. Any project carried out 
     pursuant to this section shall be consistent with the 
     applicable forest plan, resource management plan, or other 
     applicable agency plans.
       ``(c) Priority.--In implementing projects under this 
     section, the Secretary of Agriculture and the Secretary of 
     the Interior shall give highest priority to--
       ``(1) wild and urban interface areas;
       ``(2) municipal watersheds; or
       ``(3) forested or rangeland areas affected by disease, 
     insect activity, wind throw, or areas subject to catastrophic 
     reburn.
       ``(d) Acreage Limitation.--In implementing this section, 
     the Secretary of Agriculture and the Secretary of the 
     Interior

[[Page 16873]]

     shall treat an aggregate area of not more than 2.5 million 
     acres of federal land. This amount is in addition to the 
     existing hazardous fuels reduction program that treats 
     approximately 2.5 million acres each year.
       ``(e) Process.--The Secretary of Agriculture and the 
     Secretary of the Interior shall jointly develop a 
     collaborative process with interested parties consistent with 
     the Implementation Plan described in subjection (a) for the 
     selection of projects carried out under this section 
     consistent with subsection (b). Such collaborative process 
     may be the process set forth in title II of the Secure Rural 
     Schools and Community Self-Determination Act, Public Law 106-
     393.
       ``(f) Administrative Process.--
       ``(1) Review.--Projects implemented pursuant to subsection 
     (g) shall not be subject to the appeal requirements of the 
     Appeals Reform Act (section 322 of Public Law 102-381) or 
     review by the Department of the Interior Board of Land 
     Appeals. Nothing in this section affects projects for which 
     scoping has begun prior to enactment of this Act.
       ``(2) Regulations.--The Secretary of Agriculture and the 
     Secretary of the Interior, as appropriate, may promulgate 
     such regulations as are necessary to implement this section.
       ``(g) Conclusive Presumption.--Within one-half mile of any 
     community, unless there are extraordinary circumstances, 
     hazardous fuels reduction actions authorized by subsection 
     (g) are conclusively determined to be categorically excluded 
     from further analysis under the National Environmental Policy 
     Act, and the Secretary of Agriculture or the Secretary of the 
     Interior, as appropriate, need not make any findings as to 
     whether the projects individually or cumulatively have a 
     significant effect on the human environment. This conclusive 
     determination shall apply in any judicial proceeding brought 
     to enforce the National Environmental Policy Act pursuant to 
     this section.
       ``(h) Categorical Exclusions.--(1) Subject to paragraph 
     (2), until September 30, 2003, the Secretary of Agriculture 
     and the Secretary of the Interior may categorically exclude a 
     proposed hazardous fuels reduction action, including 
     prescribed fire, from documentation in an environmental 
     impact statement or environmental assessment if the proposed 
     hazardous fuels reduction action is located on lands 
     identified as condition class 3 as determined by the 
     Secretary of Agriculture and the Secretary of the Interior 
     and pursuant to scientific mapping surveys and removes no 
     more than 250,000 board feet of merchantable wood products or 
     removes as salvage 1,000,000 board feet or less of 
     merchantable wood products and assures regeneration of 
     harvested or salvaged areas.
       ``(2) Scoping is required on all actions proposed pursuant 
     to this subsection.
       ``(i) Extraordinary Circumstances.--For all projects 
     implemented pursuant to this section, if there are 
     extraordinary circumstances, the Secretary of Agriculture and 
     the Secretary of the Interior shall follow agency procedures 
     related to categorical exclusions and extraordinary 
     circumstances.
       ``(j) Reduce Fire Risk.--In order to ensure that the 
     agencies are implementing projects that reduce the risk of 
     unnaturally intense wildfires, the Secretary of Agriculture 
     and the Secretary of the Interior--
       ``(1) shall not construct new roads in any inventoried 
     roadless areas part of any project implemented pursuant to 
     this section;
       ``(2) shall, at their discretion, maintain an ecologically 
     sufficient number of old and large trees appropriate for each 
     ecosystem type and shall focus on thinning from below for all 
     projects implemented pursuant to this section;
       ``(3) for projects involving key municipal watersheds, must 
     protect or enhance water quality or water quantity available 
     in the area; and
       ``(4) must deposit in the Treasury of the United States all 
     revenues and receipts generated from projects implemented 
     pursuant to this section.
       ``(k) Hazardous Fuels Reduction Funding Focus.--In order to 
     focus hazardous fuels reduction activities on the highest 
     priority areas where critical issues of human safety and 
     property loss are the most serious and within key municipal 
     watersheds identified in forest plans, the Secretary of 
     Agriculture and the Secretary of the Interior shall expend 
     all of the hazardous fuels operations funds provided in this 
     Act only on projects in areas identified as condition class 3 
     as defined in subsection (g) and at least seventy percent of 
     the hazardous fuels operations funds provided in this Act 
     only on projects within one-half mile of any community or 
     within key municipal watersheds identified in forest plans. 
     Nothing in this subsection will affect projects for which 
     scoping has begun prior to enactment of this Act.
       ``(l) Communities.--At least ten percent of the hazardous 
     fuels operations funds provided in this Act shall be spent on 
     projects that benefit small businesses that uses hazardous 
     fuels and are located in small, economically disadvantaged 
     communities.
       ``(m) Monitoring.--(1) The Secretary of Agriculture and the 
     Secretary of the Interior shall establish a multiparty 
     monitoring process in order to assess a representative 
     sampling of the projects implemented pursuant to this 
     section.
       ``(2) Funds to implement this subsection shall be derived 
     from hazardous fuels reduction funds.''

                          ____________________