Congressional Record publishes “TEXT OF AMENDMENTS” on Nov. 14, 2002

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Volume 148, No. 147 covering the 2nd Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S11088-S11137 on Nov. 14, 2002.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 4906. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 4902 proposed by Mr. Lieberman (for himself, Mr. McCain, and Mr. Nelson of Nebraska) to the amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill H.R. 5005, to establish the Department of Homeland Security, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. ____. INTEROPERABILITY OF INFORMATION SYSTEMS.

(a) Definition.--In this section, the term ``enterprise architecture''--

(1) means--

(A) a strategic information asset base, which defines the mission;

(B) the information necessary to perform the mission;

(D) the transitional processes for implementing new technologies in response to changing mission needs; and

(2) includes--

(A) a baseline architecture;

(B) a target architecture; and

(b) Responsibilities of the Secretary.--The Secretary shall--

(1) endeavor to make the information technology systems of the Department, including communications systems, effective, efficient, secure, and appropriately interoperable;

(2) in furtherance of paragraph (1), oversee and ensure the development and implementation of an enterprise architecture for Department-wide information technology, with timetables for implementation;

(3) as the Secretary considers necessary, to oversee and ensure the development and implementation of updated versions of the enterprise architecture under paragraph (2); and

(4) report to Congress on the development and implementation of the enterprise architecture under paragraph

(2) in--

(A) each implementation progress report required under this Act; and

(B) each biennial report required under this Act.

(1) In general.--The Director of the Office of Management and Budget, in consultation with the Secretary and affected entities, shall develop--

(A) a comprehensive enterprise architecture for information systems, including communications systems, to achieve interoperability between and among information systems of agencies with responsibility for homeland security; and

(B) a plan to achieve interoperability between and among information systems, including communications systems, of agencies with responsibility for homeland security and those of State and local agencies with responsibility for homeland security.

(2) Timetables.--The Director of the Office of Management and Budget, in consultation with the Secretary and affected entities, shall establish timetables for development and implementation of the enterprise architecture and plan under paragraph (1).

(3) Implementation.--The Director of the Office of Management and Budget, in consultation with the Secretary and acting under the responsibilities of the Director under law

(including the Clinger-Cohen Act of 1996), shall--

(A) ensure the implementation of the enterprise architecture developed under paragraph (1)(A); and

(B) coordinate, oversee, and evaluate the management and acquisition of information technology by agencies with responsibility for homeland security to ensure interoperability consistent with the enterprise architecture developed under subsection (1)(A).

(4) Updated versions.--The Director of the Office of Management and Budget, in consultation with the Secretary, shall oversee and ensure the development of updated versions of the enterprise architecture and plan developed under paragraph (1), as necessary.

(5) Report.--The Director of the Office of Management and Budget, in consultation with the Secretary, shall annually report to Congress on the development and implementation of the enterprise architecture and plan under paragraph (1).

(6) Consultation.--The Director of the Office of Management and Budget shall consult with information systems management experts in the public and private sectors, in the development and implementation of the enterprise architecture and plan under paragraph (1).

(7) Principal officer.--The Director of the Office of Management and Budget shall designate, with the approval of the President, a principal officer in the Office of Management and Budget, whose primary responsibility shall be to carry out the duties of the Director under this subsection.

(d) Agency Cooperation.--The head of each agency with responsibility for homeland security shall fully cooperate with the Director of the Office of Management and Budget in the development of a comprehensive enterprise architecture for information systems and in the management and acquisition of information technology consistent with the comprehensive enterprise architecture developed under subsection (c).

(e) Content.--The enterprise architecture developed under subsection (c), and the information systems managed and acquired under the enterprise architecture, shall possess the characteristics of--

(1) rapid deployment;

(2) a highly secure environment, providing data access only to authorized users; and

(3) the capability for continuous system upgrades to benefit from advances in technology while preserving the integrity of stored data.

______

SA 4907. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 28, line 13, insert ``and in accordance with an information systems interoperability architecture or other requirements developed by the Office of Management and Budget,'' after ``Department,''.

______

SA 4908. Mr. ENZI submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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. . REQUIREMENT TO BUY CERTAIN ARTICLES FROM AMERICAN

SOURCES.

(a) Requirement.--Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.

(b) Covered Items.--An item referred to in subsection (a) is any of the following:

(1) An article or item of--

(A) food;

(B) clothing;

(D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or

(E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.

(2) Specialty metals, including stainless steel flatware.

(3) Hand or measuring tools.

(c) Availability Exception.--Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) or specialty metals (including stainless steel flatware) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices.

(d) Exception for Certain Procurements Outside the United States.--Subsection (a) does not apply to the following:

(1) Procurements outside the United States in support of combat operations.

(2) Procurements by vessels in foreign waters.

(3) Emergency procurements or procurements of perishable foods by an establishment located outside the United States for the personnel attached to such establishment.

(e) Exception for Specialty Metals and Chemical Warfare Protective Clothing.--Subsection (a) does not preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States if--

(1) such procurement is necessary--

(A) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or

(B) in furtherance of agreements with foreign governments in which both such governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country; and

(2) any such agreement with a foreign government complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with section 2457 of title 10, United States Code.

(f) Exception for Certain Foods.--Subsection (a) does not preclude the procurement of foods manufactured or processed in the United States.

(g) Exception for Small Purchases.--Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))).

(h) Applicability to Contracts and Subcontracts for Procurement of Commercial Items.--This section is applicable to contracts and subcontracts for the procurement of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430).

(i) Geographic Coverage.--In this section, the term

``United States'' includes the possessions of the United States.

______

SA 4909. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 260, line 1, strike all through line 23 and insert the following:

(c) Coordination Rule.--No other provision of this Act or of any amendment made by this Act may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section, except to the extent that it does so by specific reference to this section.

______

SA 4910. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 90, line 5, strike all through page 91, line 10.

______

SA 4911. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 end, add the following:

TITLE XVIII--NONEFFECTIVE PROVISIONS

SEC. 1801. NONEFFECTIVE PROVISIONS.

(a) In General.--Notwithstanding any other provision of this Act, (including any effective date provision of this Act) the following provisions of this Act shall not take effect:

(1) Section 308(b)(2)(B) (i) through (xiv).

(2) Section 311(i).

(3) Subtitle G of title VIII.

(4) Section 871.

(5) Section 890.

(6) Section 1707.

(7) Sections 1714, 1715, 1716, and 1717.

(b) Application of Federal Advisory Committee Act.--Notwithstanding paragraph (2) of subsection (b) of section 232, any advisory group described under that paragraph shall not be exempt from the provisions of the Federal Advisory Committee Act (5 U.S.C. App.).

(c) Waiver.--Notwithstanding section 835(d), the Secretary shall waive subsection (a) of that section, only if the Secretary determines that the waiver is required in the interest of homeland security.

______

SA 4912. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 244, line 14, beginning with the comma strike all through ``occur'' on line 16.

______

SA 4913. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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; and follows:

On page 302, line 21, strike all through page 303, line 19.

______

SA 4914. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proosed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) to the bill H.R. 5005, to establish the Department of Homeland Security, and for other purposes; which was orderd to lie on the table; as follows:

On page 280, line 8, strike all through page 281, line 8.

______

SA 4915. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 268, line 19, strike all through page 280, line 5.

______

SA 4916. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 477, line 11, strike all through line 16.

______

SA 4917. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 103, line 12, strike all through line 14.

______

SA 4918. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 482, line 22, strike all through page 484, line 12.

______

SA 4919. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm) for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 60, line 8, strike all through ``(5 U.S.C. App.))'' on line 9.

______

SA 4920. Mr. SPECTER submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 29, strike line 13 and insert the following:

(19) On behalf of the Secretary, subject to disapproval by the President, to direct the agencies described under subsection (f)(2) to provide intelligence information, analyses of intelligence information, and such other intelligence-related information as the Assistant Secretary for Information Analysis determines necessary.

(20) To perform such other duties relating to

______

SA 4921. Mr. SPECTER submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

SEC. 841. ESTABLISHMENT OF HUMAN RESOURCES MANAGEMENT SYSTEM.

(a) Authority.--

(1) Sense of congress.--It is the sense of Congress that--

(A) it is extremely important that employees of the Department be allowed to participate in a meaningful way in the creation of any human resources management system affecting them;

(B) such employees have the most direct knowledge of the demands of their jobs and have a direct interest in ensuring that their human resources management system is conducive to achieving optimal operational efficiencies;

(C) the 21st century human resources management system envisioned for the Department should be one that benefits from the input of its employees; and

(D) this collaborative effort will help secure our homeland.

(2) In general.--Subpart I of part III of title 5, United States Code, is amended by adding at the end the following:

``CHAPTER 97--DEPARTMENT OF HOMELAND SECURITY

``Sec.

``9701. Establishment of human resources management system by the

Secretary.

``9702. Establishment of human resources management system by the

President.

``Sec. 9701. Establishment of human resources management system by the Secretary

``(a) In General.--Notwithstanding any other provision of this part, the Secretary of Homeland Security may, in regulations prescribed jointly with the Director of the Office of Personnel Management, establish, and from time to time adjust, a human resources management system for some or all of the organizational units of the Department of Homeland Security.

``(b) System Requirements.--Any system established under subsection (a) shall--

``(1) be flexible;

``(2) be contemporary;

``(3) not waive, modify, or otherwise affect--

``(A) the public employment principles of merit and fitness set forth in section 2301, including the principles of hiring based on merit, fair treatment without regard to political affiliation or other nonmerit considerations, equal pay for equal work, and protection of employees against reprisal for whistleblowing;

``(B) any provision of section 2302, relating to prohibited personnel practices;

``(C)(i) any provision of law referred to in section 2302(b)(1); or

``(ii) any provision of law implementing any provision of law referred to in section 2302(b)(1) by--

``(I) providing for equal employment opportunity through affirmative action; or

``(II) providing any right or remedy available to any employee or applicant for employment in the civil service;

``(D) any other provision of this part (as described in subsection (c)); or

``(E) any rule or regulation prescribed under any provision of law referred to in any of the preceding subparagraphs of this paragraph;

``(4) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them, subject to any exclusion from coverage or limitation on negotiability established by law; and

``(5) permit the use of a category rating system for evaluating applicants for positions in the competitive service.

``(c) Other Nonwaivable Provisions.--The other provisions of this part, as referred to in subsection (b)(3)(D), are (to the extent not otherwise specified in subparagraph (A), (B),

(C), or (D) of subsection (b)(3))--

``(1) subparts A, B, E, G, and H of this part; and

``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and this chapter.

``(d) Limitations Relating to Pay.--Nothing in this section shall constitute authority--

``(1) to modify the pay of any employee who serves in--

``(A) an Executive Schedule position under subchapter II of chapter 53 of title 5, United States Code; or

``(B) a position for which the rate of basic pay is fixed in statute by reference to a section or level under subchapter II of chapter 53 of such title 5;

``(2) to fix pay for any employee or position at an annual rate greater than the maximum amount of cash compensation allowable under section 5307 of such title 5 in a year; or

``(3) to exempt any employee from the application of such section 5307.

``(e) Provisions To Ensure Collaboration With Employee Representatives.--

``(1) In general.--In order to ensure that the authority of this section is exercised in collaboration with, and in a manner that ensures the direct participation of employee representatives in the planning development, and implementation of any human resources management system or adjustments under this section, the Secretary and the Director of the Office of Personnel Management shall provide for the following:

``(A) Notice of proposal.-- The Secretary and the Director shall, with respect to any proposed system or adjustment--

``(i) provide to each employee representative representing any employees who might be affected, a written description of the proposed system or adjustment (including the reasons why it is considered necessary);

``(ii) give each representative at least 60 days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposal; and

``(iii) give any recommendations received from any such representatives under clause (ii) full and fair consideration in deciding whether or how to proceed with the proposal.

``(B) Preimplementation requirements.--If the Secretary and the Director decide to implement a proposal described in subparagraph (A), they shall before implementation--

``(i) give each representative details of the decision to implement the proposal, together with the information upon which the decision is based;

``(ii) give each representative an opportunity to make recommendations with respect to the proposal; and

``(iii) give such recommendation full and fair consideration, including the providing of reasons to an employee representative if any of its recommendations are rejected.

``(C) Continuing collaboration.--If a proposal described in subparagraph (A) is implemented, the Secretary and the Director shall--

``(i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and

``(ii) give each employee representative adequate access to information to make that participation productive.

``(2) Procedures.--Any procedures necessary to carry out this subsection shall be established by the Secretary and the Director jointly. Such procedures shall include measures to ensure--

``(A) in the case of employees within a unit with respect to which a labor organization is accorded exclusive recognition, representation by individuals designated or from among individuals nominated by such organization;

``(B) in the case of any employees who are not within such a unit, representation by any appropriate organization which represents a substantial percentage of those employees or, if none, in such other manner as may be appropriate, consistent with the purposes of the subsection; and

``(C) the selection of representatives in a manner consistent with the relative number of employees represented by the organizations or other representatives involved.

``(f) Provisions Relating to Appellate Procedures.--

``(1) Sense of congress.--It is the sense of Congress that--

``(A) employees of the Department are entitled to fair treatment in any appeals that they bring in decisions relating to their employment; and

``(B) in prescribing regulations for any such appeals procedures, the Secretary and the Director of the Office of Personnel Management--

``(i) should ensure that employees of the Department are afforded the protections of due process; and

``(ii) toward that end, should be required to consult with the Merit Systems Protection Board before issuing any such regulations.

``(2) Requirements.--Any regulations under this section which relate to any matters within the purview of chapter 77--

``(A) shall be issued only after consultation with the Merit Systems Protection Board;

``(B) shall ensure the availability of procedures which shall--

``(i) be fully consistent with requirements of due process; and

``(ii) provide, to the maximum extent practicable, for the expeditious handling of any matters involving the Department; and

``(C) shall modify procedures under chapter 77 only insofar as such modifications are designed to further the fair, efficient, and expeditious resolution of matters involving the employees of the Department.

``(g) Sunset Provision.--Effective 5 years after the conclusion of the transition period defined under section 801 of the Homeland Security Act of 2002, all authority to issue regulations under this section (including regulations which would modify, supersede, or terminate any regulations previously issued under this section and section 9702) shall cease to be available.

``Sec. 9702. Establishment of human resources management system by the President

The authority under section 9701 to establish a human resources management system shall be exercised only when the President issues an order determining that--

``(1) the affected agency or subdivision has, as a primary function, intelligence, counterintelligence, investigative, or national security work;

``(2) the provisions of chapter 43, 51, 53, 71, 75, or 77 cannot be applied to that agency or subdivision in a manner consistent with national security requirements and considerations;

``(3) the mission and responsibilities of the affected agency or subdivision have materially changed; and

``(4) a majority of the employees within that agency or subdivision have, as their primary duty, intelligence, counterintelligence, or investigative work directly related to terrorism investigation.''.

(3) Clerical amendment.--The table of chapters for part III of title 5, United States Code, is amended by adding at the end of the following:

``97. Department of Homeland Security.......................9701''.....

(b) Effect on Personnel.--

(1) Nonseparation or nonreduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions.--Except as otherwise provided in this Act, the transfer pursuant to this Act of full-time personnel

(except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer to the Department.

(2) Positions compensated in accordance with executive schedule.--Any person who, on the day preceding such person's date of transfer pursuant to this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such position, for the duration of the service of such person in such new position.

(3) Coordination rule.--Any exercise of authority under chapter 97 of title 5, United States Code (as amended by subsection (a)), including under any system established under such chapter, shall be in conformance with the requirements of this subsection.

SEC. 842. LABOR-MANAGEMENT RELATIONS.

(a) Exclusionary Authority.--

(1) In general.--Subject to paragraph (2), the President may issue an order excluding any executive agency, or subdivision thereof, from coverage under chapter 71 of title 5, United States Code, if the President determines that--

(A) the agency or subdivision has, as a primary function, intelligence, counterintelligence, investigative, or national security work; and

(B) the provisions of such chapter 71 cannot be applied to that agency or subdivision in a matter consistent with national security requirements and considerations.

(2) Additional determination.--In addition to the requirements under paragraph (1), the President may issue an order excluding any executive agency, or subdivision thereof, transferred to the Department under this Act, from coverage under chapter 71 of title 5, United States Code, only if the President determines that--

(A) the mission and responsibilities of the agency or subdivision materially change; and

(B) a majority of the employees within such agency or subdivision have, as their primary duty, intelligence, counterintelligence, or investigative work directly related to terrorism investigation.

(3) Exclusions allowable.--Nothing in paragraph (1) or (2) shall affect the effectiveness of any order to the extent that such order excludes any portion of an agency or subdivision of an agency as to which--

(A) recognition as an appropriate unit has never been conferred for purposes of chapter 71 of title 5, United States Code; or

(B) any such recognition has been revoked or otherwise terminated as a result of a determination under subsection

(b)(1).

(b) Provisions Relating to Bargaining Units.--Each unit, which is recognized as an appropriate unit for purposes of chapter 71 of title 5, United States Code, as of the day before the effective date of this Act (and any subdivision of any such unit) shall, if such unit (or subdivision) is transferred to the Department under this Act, continue to be so recognized for such purposes, unless--

(1) the mission and responsibilities of the personnel in such unit (or subdivision), or the threats of domestic terrorism being addressed by the personnel in such unit (or subdivision), materially change; and

(2) a substantial number of the employees within such unit

(or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.

SA 4922. Mr. JEFFORDS (for himself and Mr. Leahy) submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm, (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

Beginning on page 36, strike line 5 and all that follows through page 48, line 16, and insert the following:

Subtitle B--Protection of Voluntarily Furnished Confidential

Information

SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL

INFORMATION.

(a) Definitions.--In this section:

(1) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given that term in section 1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195(e)).

(2) Furnished voluntarily.--

(A) Definition.--The term ``furnished voluntarily'' means a submission of a record that--

(i) is made to the Department in the absence of authority of the Department requiring that record to be submitted; and

(ii) is not submitted or used to satisfy any legal requirement or obligation or to obtain any grant, permit, benefit (such as agency forbearance, loans, or reduction or modifications of agency penalties or rulings), or other approval from the Government.

(B) Benefit.--In this paragraph, the term ``benefit'' does not include any warning, alert, or other risk analysis by the Department.

(b) In General.--Notwithstanding any other provision of law, a record pertaining to the vulnerability of and threats to critical infrastructure (such as attacks, response, and recovery efforts) that is furnished voluntarily to the Department shall not be made available under section 552 of title 5, United States Code, if--

(1) the provider would not customarily make the record available to the public; and

(2) the record is designated and certified by the provider, in a manner specified by the Department, as confidential and not customarily made available to the public.

(1) In general.--

(A) Response to request.--An agency in receipt of a record that was furnished voluntarily to the Department and subsequently shared with the agency shall, upon receipt of a request under section 552 of title 5, United States Code, for the record--

(i) not make the record available; and

(ii) refer the request to the Department for processing and response in accordance with this section.

(B) Segregable portion of record.--Any reasonably segregable portion of a record shall be provided to the person requesting the record after deletion of any portion which is exempt under this section.

(2) Disclosure of independently furnished records.--Notwithstanding paragraph (1), nothing in this section shall prohibit an agency from making available under section 552 of title 5, United States Code, any record that the agency receives independently of the Department, regardless of whether or not the Department has a similar or identical record.

(d) Withdrawal of Confidential Designation.--The provider of a record that is furnished voluntarily to the Department under subsection (b) may at any time withdraw, in a manner specified by the Department, the confidential designation.

(e) Procedures.--The Secretary shall prescribe procedures for--

(1) the acknowledgement of receipt of records furnished voluntarily;

(2) the designation, certification, and marking of records furnished voluntarily as confidential and not customarily made available to the public;

(3) the care and storage of records furnished voluntarily;

(4) the protection and maintenance of the confidentiality of records furnished voluntarily; and

(5) the withdrawal of the confidential designation of records under subsection (d).

(f) Effect on State and Local Law.--Nothing in this section shall be construed as preempting or otherwise modifying State or local law concerning the disclosure of any information that a State or local government receives independently of the Department.

(g) Report.--

(1) Requirement.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees of Congress specified in paragraph (2) a report on the implementation and use of this section, including--

(A) the number of persons in the private sector, and the number of State and local agencies, that furnished voluntarily records to the Department under this section;

(B) the number of requests for access to records granted or denied under this section; and

(C) such recommendations as the Comptroller General considers appropriate regarding improvements in the collection and analysis of sensitive information held by persons in the private sector, or by State and local agencies, relating to vulnerabilities of and threats to critical infrastructure, including the response to such vulnerabilities and threats.

(2) Committees of congress.--The committees of Congress specified in this paragraph are--

(A) the Committees on the Judiciary and Governmental Affairs of the Senate; and

(B) the Committees on the Judiciary and Government Reform and Oversight of the House of Representatives.

(3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.

______

SA 4923. Mr. JEFFORDS submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

Beginning on page 145, strike line 16 and all that follows through page 148, line 5.

______

SA 4924. Mr. JEFFORDS submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

Beginning on page 200, strike line 3 and all that follows through page 208, line 7, and insert the following:

SEC. 501. CONDUCT OF CERTAIN PUBLIC HEALTH-RELATED

ACTIVITIES.

(a) In General.--With respect to all public health-related activities to improve State, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities and preparedness goals and further develop a coordinated strategy for such activities in collaboration with the Secretary.

(b) Evaluation of Progress.--In carrying out subsection

(a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.

SEC. 502. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

(a) In General.--The functions of the Federal Emergency Management Agency include the following:

(1) All functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(2) Carrying out its mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency management program--

(A) of mitigation, by taking sustained actions to reduce or eliminate long-term risk to people and property from hazards and their effects;

(B) of planning for building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard;

(C) of response, by conducting emergency operations to save lives and property through positioning emergency equipment and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services;

(D) of recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; and

(E) of increased efficiencies, by coordinating efforts relating to mitigation, planning, response, and recovery.

(b) Federal Response Plan.--

(1) Role of fema.--Notwithstanding any other provision of this Act, the Federal Emergency Management Agency shall remain the lead agency for the Federal Response Plan established under Executive Order 12148 (44 Fed. Reg. 43239) and Executive Order 12656 (53 Fed. Reg. 47491).

(2) Revision of response plan.--Not later than 60 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall revise the Federal Response Plan to reflect the establishment of and incorporate the Department.

SEC. 503. USE OF COMMERCIALLY AVAILABLE TECHNOLOGY, GOODS,

AND SERVICES.

It is the sense of Congress that--

(1) the Secretary should, to the maximum extent possible, use off-the-shelf commercially developed technologies to ensure that the Department's information technology systems allow the Department to collect, manage, share, analyze, and disseminate information securely over multiple channels of communication; and

(2) in order to further the policy of the United States to avoid competing commercially with the private sector, the Secretary should rely on commercial sources to supply the goods and services needed by the Department.

SA 4925. Mr. JEFFORDS submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 208, between lines 7 and 8, insert the following:

Subtitle B--First Responder Terrorism Preparedness

SEC. 5____1. SHORT TITLE.

This subtitle may be cited as the ``First Responder Terrorism Preparedness Act of 2002''.

SEC. 5____2. FINDINGS AND PURPOSES.

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

(1) the Federal Government must enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

(2) as a result of the events of September 11, 2001, it is necessary to clarify and consolidate the authority of the Federal Emergency Management Agency to support first responders.

(b) Purposes.--The purposes of this subtitle are--

(1) to establish within the Federal Emergency Management Agency the Office of National Preparedness;

(2) to establish a program to provide assistance to enhance the ability of first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

(3) to address issues relating to urban search and rescue task forces.

SEC. 5____3. DEFINITIONS.

(a) Major Disaster.--Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended by inserting ``incident of terrorism,'' after ``drought),''.

(b) Weapon of Mass Destruction.--Section 602(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(a)) is amended by adding at the end the following:

``(11) Weapon of mass destruction.--The term `weapon of mass destruction' has the meaning given the term in section 2302 of title 50, United States Code.''.

SEC. 5____4. ESTABLISHMENT OF OFFICE OF NATIONAL

PREPAREDNESS.

Subtitle A of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding at the end the following:

``SEC. 616. OFFICE OF NATIONAL PREPAREDNESS.

``(a) In General.--There is established in the Federal Emergency Management Agency an office to be known as the

`Office of National Preparedness' (referred to in this section as the `Office').

``(b) Appointment of Associate Director.--

``(1) In general.--The Office shall be headed by an Associate Director, who shall be appointed by the President, by and with the advice and consent of the Senate.

``(2) Compensation.--The Associate Director shall be compensated at the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

``(c) Duties.--The Office shall--

``(1) lead a coordinated and integrated overall effort to build, exercise, and ensure viable terrorism preparedness and response capability at all levels of government;

``(2) establish clearly defined standards and guidelines for Federal, State, tribal, and local government terrorism preparedness and response;

``(3) establish and coordinate an integrated capability for Federal, State, tribal, and local governments and emergency responders to plan for and address potential consequences of terrorism;

``(4) coordinate provision of Federal terrorism preparedness assistance to State, tribal, and local governments;

``(5) establish standards for a national, interoperable emergency communications and warning system;

``(6) establish standards for training of first responders

(as defined in section 630(a)), and for equipment to be used by first responders, to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

``(7) carry out such other related activities as are approved by the Director.

``(d) Designation of Regional Contacts.--The Associate Director shall designate an officer or employee of the Federal Emergency Management Agency in each of the 10 regions of the Agency to serve as the Office contact for the States in that region.

``(e) Use of Existing Resources.--In carrying out this section, the Associate Director shall--

``(1) to the maximum extent practicable, use existing resources, including planning documents, equipment lists, and program inventories; and

``(2) consult with and use--

``(A) existing Federal interagency boards and committees;

``(B) existing government agencies; and

``(C) nongovernmental organizations.''.

SEC. 5____5. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

(a) In General.--Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by adding at the end the following:

``SEC. 630. PREPAREDNESS ASSISTANCE FOR FIRST RESPONDERS.

``(a) Definitions.--In this section:

``(1) First responder.--The term `first responder' means--

``(A) fire, emergency medical service, and law enforcement personnel; and

``(B) such other personnel as are identified by the Director.

``(2) Local entity.--The term `local entity' has the meaning given the term by regulation promulgated by the Director.

``(3) Program.--The term `program' means the program established under subsection (b).

``(b) Program To Provide Assistance.--

``(1) In general.--The Director shall establish a program to provide assistance to States to enhance the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction.

``(2) Federal share.--The Federal share of the costs eligible to be paid using assistance provided under the program shall be not less than 75 percent, as determined by the Director.

``(3) Forms of assistance.--Assistance provided under paragraph (1) may consist of--

``(A) grants; and

``(B) such other forms of assistance as the Director determines to be appropriate.

``(c) Uses of Assistance.--Assistance provided under subsection (b)--

``(1) shall be used--

``(A) to purchase, to the maximum extent practicable, interoperable equipment that is necessary to respond to incidents of terrorism, including incidents involving weapons of mass destruction;

``(B) to train first responders, consistent with guidelines and standards developed by the Director;

``(C) in consultation with the Director, to develop, construct, or upgrade terrorism preparedness training facilities;

``(D) to develop, construct, or upgrade emergency operating centers;

``(E) to develop preparedness and response plans consistent with Federal, State, and local strategies, as determined by the Director;

``(F) to provide systems and equipment to meet communication needs, such as emergency notification systems, interoperable equipment, and secure communication equipment;

``(G) to conduct exercises; and

``(H) to carry out such other related activities as are approved by the Director; and

``(2) shall not be used to provide compensation to first responders (including payment for overtime).

``(d) Allocation of Funds.--For each fiscal year, in providing assistance under subsection (b), the Director shall make available--

``(1) to each of the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, $3,000,000; and

``(2) to each State (other than a State specified in paragraph (1))--

``(A) a base amount of $15,000,000; and

``(B) a percentage of the total remaining funds made available for the fiscal year based on criteria established by the Director, such as--

``(i) population;

``(ii) location of vital infrastructure, including--

``(I) military installations;

``(II) public buildings (as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612));

``(III) nuclear power plants;

``(IV) chemical plants; and

``(V) national landmarks; and

``(iii) proximity to international borders.

``(e) Provision of Funds to Local Governments and Local Entities.--

``(1) In general.--For each fiscal year, not less than 75 percent of the assistance provided to each State under this section shall be provided to local governments and local entities within the State.

``(2) Allocation of funds.--Under paragraph (1), a State shall allocate assistance to local governments and local entities within the State in accordance with criteria established by the Director, such as the criteria specified in subsection (d)(2)(B).

``(3) Deadline for provision of funds.--Under paragraph

(1), a State shall provide all assistance to local government and local entities not later than 45 days after the date on which the State receives the assistance.

``(4) Coordination.--Each State shall coordinate with local governments and local entities concerning the use of assistance provided to local governments and local entities under paragraph (1).

``(f) Administrative Expenses.--

``(1) Director.--For each fiscal year, the Director may use to pay salaries and other administrative expenses incurred in administering the program not more than the lesser of--

``(A) 5 percent of the funds made available to carry out this section for the fiscal year; or

``(B)(i) for fiscal year 2003, $75,000,000; and

``(ii) for each of fiscal years 2004 through 2006,

$50,000,000.

``(2) Recipients of assistance.--For each fiscal year, not more than 10 percent of the funds retained by a State after application of subsection (e) may be used to pay salaries and other administrative expenses incurred in administering the program.

``(g) Maintenance of Expenditures.--The Director may provide assistance to a State under this section only if the State agrees to maintain, and to ensure that each local government that receives funds from the State in accordance with subsection (e) maintains, for the fiscal year for which the assistance is provided, the aggregate expenditures by the State or the local government, respectively, for the uses described in subsection (c)(1) at a level that is at or above the average annual level of those expenditures by the State or local government, respectively, for the 2 fiscal years preceding the fiscal year for which the assistance is provided.

``(h) Reports.--

``(1) Annual report to the director.--As a condition of receipt of assistance under this section for a fiscal year, a State shall submit to the Director, not later than 60 days after the end of the fiscal year, a report on the use of the assistance in the fiscal year.

``(2) Exercise and report to congress.--As a condition of receipt of assistance under this section, not later than 3 years after the date of enactment of this section, a State shall--

``(A) conduct an exercise, or participate in a regional exercise, approved by the Director, to measure the progress of the State in enhancing the ability of State and local first responders to respond to incidents of terrorism, including incidents involving weapons of mass destruction; and

``(B) submit a report on the results of the exercise to--

``(i) the Committee on Environment and Public Works and the Committee on Appropriations of the Senate; and

``(ii) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.

``(i) Coordination.--

``(1) With federal agencies.--The Director shall, as necessary, coordinate the provision of assistance under this section with activities carried out by--

``(A) the Administrator of the United States Fire Administration in connection with the implementation by the Administrator of the assistance to firefighters grant program established under section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) (as added by section 1701(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (114 Stat. 1654, 1654A-360));

``(B) the Attorney General, in connection with the implementation of the Community Oriented Policing Services

(COPS) Program established under section 1701(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)); and

``(C) other appropriate Federal agencies.

``(2) With indian tribes.--In providing and using assistance under this section, the Director and the States shall, as appropriate, coordinate with--

``(A) Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) and other tribal organizations; and

``(B) Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) and other Alaska Native organizations.''.

(b) Cost Sharing for Emergency Operating Centers.--Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) is amended--

(1) by inserting ``(other than section 630)'' after ``carry out this title''; and

(2) by inserting ``(other than section 630)'' after ``under this title''. SEC. 5____6. PROTECTION OF HEALTH AND SAFETY OF FIRST

RESPONDERS.

Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.)

(as amended by section 5____5(a)) is amended by adding at the end the following:

``SEC. 631. PROTECTION OF HEALTH AND SAFETY OF FIRST

RESPONDERS.

``(a) Definitions.--In this section:

``(1) First responder.--The term `first responder' has the meaning given the term in section 630(a).

``(2) Harmful substance.--The term `harmful substance' means a substance that the President determines may be harmful to human health.

``(3) Program.--The term `program' means a program described in subsection (b)(1).

``(b) Program.--

``(1) In general.--If the President determines that 1 or more harmful substances are being, or have been, released in an area that the President has declared to be a major disaster area under this Act, the President shall carry out a program with respect to the area for the protection, assessment, monitoring, and study of the health and safety of first responders.

``(2) Activities.--A program shall include--

``(A) collection and analysis of environmental and exposure data;

``(B) development and dissemination of educational materials;

``(C) provision of information on releases of a harmful substance;

``(D) identification of, performance of baseline health assessments on, taking biological samples from, and establishment of an exposure registry of first responders exposed to a harmful substance;

``(E) study of the long-term health impacts of any exposures of first responders to a harmful substance through epidemiological studies; and

``(F) provision of assistance to participants in registries and studies under subparagraphs (D) and (E) in determining eligibility for health coverage and identifying appropriate health services.

``(3) Participation in registries and studies.--

``(A) In general.--Participation in any registry or study under subparagraph (D) or (E) of paragraph (2) shall be voluntary.

``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph

(A).

``(4) Cooperative agreements.--The President may carry out a program through a cooperative agreement with a medical or academic institution, or a consortium of such institutions, that is--

``(A) located in close proximity to the major disaster area with respect to which the program is carried out; and

``(B) experienced in the area of environmental or occupational health and safety, including experience in--

``(i) conducting long-term epidemiological studies;

``(ii) conducting long-term mental health studies; and

``(iii) establishing and maintaining environmental exposure or disease registries.

``(c) Reports and Responses to Studies.--

``(1) Reports.--Not later than 1 year after the date of completion of a study under subsection (b)(2)(E), the President, or the medical or academic institution or consortium of such institutions that entered into the cooperative agreement under subsection (b)(4), shall submit to the Director, the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Environmental Protection Agency a report on the study.

``(2) Changes in procedures.--To protect the health and safety of first responders, the President shall make such changes in procedures as the President determines to be necessary based on the findings of a report submitted under paragraph (1).''.

SEC. 5____7. URBAN SEARCH AND RESCUE TASK FORCES.

Subtitle B of title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.)

(as amended by section 5____6) is amended by adding at the end the following:

``SEC. 632. URBAN SEARCH AND RESCUE TASK FORCES.

``(a) Definitions.--In this section:

``(1) Urban search and rescue equipment.--The term `urban search and rescue equipment' means any equipment that the Director determines to be necessary to respond to a major disaster or emergency declared by the President under this Act.

``(2) Urban search and rescue task force.--The term `urban search and rescue task force' means any of the 28 urban search and rescue task forces designated by the Director as of the date of enactment of this section.

``(b) Assistance.--

``(1) Mandatory grants for costs of operations.--For each fiscal year, of the amounts made available to carry out this section, the Director shall provide to each urban search and rescue task force a grant of not less than $1,500,000 to pay the costs of operations of the urban search and rescue task force (including costs of basic urban search and rescue equipment).

``(2) Discretionary grants.--The Director may provide to any urban search and rescue task force a grant, in such amount as the Director determines to be appropriate, to pay the costs of--

``(A) operations in excess of the funds provided under paragraph (1);

``(B) urban search and rescue equipment;

``(C) equipment necessary for an urban search and rescue task force to operate in an environment contaminated or otherwise affected by a weapon of mass destruction;

``(D) training, including training for operating in an environment described in subparagraph (C);

``(E) transportation;

``(F) expansion of the urban search and rescue task force; and

``(G) incident support teams, including costs of conducting appropriate evaluations of the readiness of the urban search and rescue task force.

``(3) Priority for funding.--The Director shall distribute funding under this subsection so as to ensure that each urban search and rescue task force has the capacity to deploy simultaneously at least 2 teams with all necessary equipment, training, and transportation.

``(c) Grant Requirements.--The Director shall establish such requirements as are necessary to provide grants under this section.

``(d) Establishment of Additional Urban Search and Rescue Task Forces.--

``(1) In general.--Subject to paragraph (2), the Director may establish urban search and rescue task forces in addition to the 28 urban search and rescue task forces in existence on the date of enactment of this section.

``(2) Requirement of full funding of existing urban search and rescue task forces.--Except in the case of an urban search and rescue task force designated to replace any urban search and rescue task force that withdraws or is otherwise no longer considered to be an urban search and rescue task force designated by the Director, no additional urban search and rescue task forces may be designated or funded until the 28 urban search and rescue task forces are able to deploy simultaneously at least 2 teams with all necessary equipment, training, and transportation.''.

SEC. 5____8. AUTHORIZATION OF APPROPRIATIONS.

Section 626 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197e) is amended by striking subsection (a) and inserting the following:

``(a) Authorization of Appropriations.--

``(1) In general.--There are authorized to be appropriated such sums as are necessary to carry out this title (other than sections 630 and 632).

``(2) Preparedness assistance for first responders.--There are authorized to be appropriated to carry out section 630--

``(A) $3,340,000,000 for fiscal year 2003; and

``(B) $3,458,000,000 for each of fiscal years 2004 through 2006.

``(3) Urban search and rescue task forces.--

``(A) In general.--There are authorized to be appropriated to carry out section 632--

``(i) $160,000,000 for fiscal year 2003; and

``(ii) $42,000,000 for each of fiscal years 2004 through 2006.

``(B) Availability of amounts.--Amounts made available under subparagraph (A) shall remain available until expended.''.

______

SA 4926. Mr. CORZINE (for himself and Mr. Jeffords) submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 end of title II, add the following:

Subtitle E--Chemical Security

SEC. 241. SHORT TITLE.

This subtitle may be cited as the ``Chemical Security Act of 2002''.

SEC. 242. FINDINGS.

Congress finds that--

(1) the chemical industry is a crucial part of the critical infrastructure of the United States--

(A) in its own right; and

(B) because that industry supplies resources essential to the functioning of other critical infrastructures;

(2) the possibility of terrorist and criminal attacks on chemical sources (such as industrial facilities) poses a serious threat to public health, safety, and welfare, critical infrastructure, national security, and the environment;

(3) the possibility of theft of dangerous chemicals from chemical sources for use in terrorist attacks poses a further threat to public health, safety, and welfare, critical infrastructure, national security, and the environment; and

(4) there are significant opportunities to prevent theft from, and criminal attack on, chemical sources and reduce the harm that such acts would produce by--

(A)(i) reducing usage and storage of chemicals by changing production methods and processes; and

(ii) employing inherently safer technologies in the manufacture, transport, and use of chemicals;

(B) enhancing secondary containment and other existing mitigation measures; and

SEC. 243. DEFINITIONS.

In this subtitle:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Chemical source.--The term ``chemical source'' means a stationary source (as defined in section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2))) that contains a substance of concern.

(3) Covered substance of concern.--The term ``covered substance of concern'' means a substance of concern that, in combination with a chemical source and other factors, is designated as a high priority category by the Administrator under section 244(a)(1).

(4) Employee.--The term ``employee'' means--

(A) a duly recognized collective bargaining representative at a chemical source; or

(B) in the absence of such a representative, other appropriate personnel.

(5) Safer design and maintenance.--The term ``safer design and maintenance'' includes, with respect to a chemical source that is within a high priority category designated under section 244(a)(1), implementation, to the extent practicable, of the practices of--

(A) preventing or reducing the vulnerability of the chemical source to an unauthorized release of a covered substance of concern through use of inherently safer technology;

(B) reducing the vulnerability of the chemical source to an unauthorized release of a covered substance of concern through use of well-maintained secondary containment, control, or mitigation equipment;

(C) reducing the vulnerability of the chemical source to an unauthorized release of a covered substance of concern by implementing security measures; and

(D) reducing the potential consequences of any vulnerability of the chemical source to an unauthorized release of a covered substance of concern through the use of buffer zones between the chemical source and surrounding populations (including buffer zones between the chemical source and residences, schools, hospitals, senior centers, shopping centers and malls, sports and entertainment arenas, public roads and transportation routes, and other population centers).

(6) Security measure.--

(A) In general.--The term ``security measure'' means an action carried out to increase the security of a chemical source.

(B) Inclusions.--The term ``security measure'', with respect to a chemical source, includes--

(i) employee training and background checks;

(ii) the limitation and prevention of access to controls of the chemical source;

(iii) protection of the perimeter of the chemical source;

(iv) the installation and operation of an intrusion detection sensor; and

(v) a measure to increase computer or computer network security.

(7) Substance of concern.--

(A) In general.--The term ``substance of concern'' means--

(i) any regulated substance (as defined in section 112(r) of the Clean Air Act (42 U.S.C. 7412(r))); and

(ii) any substance designated by the Administrator under section 244(a).

(B) Exclusion.--The term ``substance of concern'' does not include liquefied petroleum gas that is used as fuel or held for sale as fuel at a retail facility as described in section 112(r)(4)(B) of the Clean Air Act (42 U.S.C. 7412(r)(4)(B)).

(8) Unauthorized release.--The term ``unauthorized release'' means--

(A) a release from a chemical source into the environment of a covered substance of concern that is caused, in whole or in part, by a criminal act;

(B) a release into the environment of a covered substance of concern that has been removed from a chemical source, in whole or in part, by a criminal act; and

(C) a release or removal from a chemical source of a covered substance of concern that is unauthorized by the owner or operator of the chemical source.

(9) Use of inherently safer technology.--

(A) In general.--The term ``use of inherently safer technology'', with respect to a chemical source, means use of a technology, product, raw material, or practice that, as compared with the technologies, products, raw materials, or practices currently in use--

(i) reduces or eliminates the possibility of a release of a substance of concern from the chemical source prior to secondary containment, control, or mitigation; and

(ii) reduces or eliminates the threats to public health and the environment associated with a release or potential release of a substance of concern from the chemical source.

(B) Inclusions.--The term ``use of inherently safer technology'' includes input substitution, catalyst or carrier substitution, process redesign (including reuse or recycling of a substance of concern), product reformulation, procedure simplification, and technology modification so as to--

(i) use less hazardous substances or benign substances;

(ii) use a smaller quantity of covered substances of concern;

(iii) reduce hazardous pressures or temperatures;

(iv) reduce the possibility and potential consequences of equipment failure and human error;

(v) improve inventory control and chemical use efficiency; and

(vi) reduce or eliminate storage, transportation, handling, disposal, and discharge of substances of concern.

SEC. 244. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY

CATEGORIES.

(a) Designation and Regulation of High Priority Categories by the Administrator.--

(1) In general.--Not later than December 31, 2002, the Administrator, in consultation with the Secretary and State and local agencies responsible for planning for and responding to unauthorized releases and providing emergency health care, shall promulgate regulations to designate certain combinations of chemical sources and substances of concern as high priority categories based on the severity of the threat posed by an unauthorized release from the chemical sources.

(2) Factors to be considered.--In designating high priority categories under paragraph (1), the Administrator, in consultation with the Secretary, shall consider--

(A) the severity of the harm that could be caused by an unauthorized release;

(B) the proximity to population centers;

(D) the threats to critical infrastructure;

(E) threshold quantities of substances of concern that pose a serious threat; and

(F) such other safety or security factors as the Administrator, in consultation with the Secretary, determines to be appropriate.

(3) Requirements for high priority categories.--

(A) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, the United States Chemical Safety and Hazard Investigation Board, and State and local agencies described in paragraph (1), shall promulgate regulations to require each owner and each operator of a chemical source that is within a high priority category designated under paragraph (1), in consultation with local law enforcement, first responders, and employees, to--

(i) conduct an assessment of the vulnerability of the chemical source to a terrorist attack or other unauthorized release;

(ii) using appropriate hazard assessment techniques, identify hazards that may result from an unauthorized release of a covered substance of concern; and

(iii) prepare a prevention, preparedness, and response plan that incorporates the results of those vulnerability and hazard assessments.

(B) Actions and procedures.--A prevention, preparedness, and response plan required under subparagraph (A)(iii) shall include actions and procedures, including safer design and maintenance of the chemical source, to eliminate or significantly lessen the potential consequences of an unauthorized release of a covered substance of concern.

(C) Threat information.--To the maximum extent permitted by applicable authorities and the interests of national security, the Secretary, in consultation with the Administrator, shall provide owners and operators of chemical sources with threat information relevant to the assessments and plans required under subsection (b).

(4) Review and revisions.--Not later than 5 years after the date of promulgation of regulations under each of paragraphs

(1) and (3), the Administrator, in consultation with the Secretary, shall review the regulations and make any necessary revisions.

(5) Addition of substances of concern.--For the purpose of designating high priority categories under paragraph (1) or any subsequent revision of the regulations promulgated under paragraph (1), the Administrator, in consultation with the Secretary, may designate additional substances that pose a serious threat as substances of concern.

(b) Certification.--

(1) Vulnerability and hazard assessments.--Not later than 1 year after the date of promulgation of regulations under subsection (a)(3), each owner and each operator of a chemical source that is within a high priority category designated under subsection (a)(1) shall--

(A) certify to the Administrator that the chemical source has conducted assessments in accordance with the regulations; and

(B) submit to the Administrator written copies of the assessments.

(2) Prevention, preparedness, and response plans.--Not later than 18 months after the date of promulgation of regulations under subsection (a)(3), the owner or operator shall--

(A) certify to the Administrator that the chemical source has completed a prevention, preparedness, and response plan that incorporates the results of the assessments and complies with the regulations; and

(B) submit to the Administrator a written copy of the plan.

(3) 5-year review.--Not later than 5 years after each of the date of submission of a copy of an assessment under paragraph (1) and a plan under paragraph (2), and not less often than every 3 years thereafter, the owner or operator of the chemical source covered by the assessment or plan, in coordination with local law enforcement and first responders, shall--

(A) review the adequacy of the assessment or plan, as the case may be; and

(B)(i) certify to the Administrator that the chemical source has completed the review; and

(ii) as appropriate, submit to the Administrator any changes to the assessment or plan.

(4) Protection of information.--

(A) Disclosure exemption.--Except with respect to certifications specified in paragraphs (1) through (3) of this subsection and section 245(a), all information provided to the Administrator under this subsection, and all information derived from that information, shall be exempt from disclosure under section 552 of title 5, United States Code.

(B) Development of protocols.--

(i) In general.--The Administrator, in consultation with the Secretary, shall develop such protocols as are necessary to protect the copies of the assessments and plans required to be submitted under this subsection (including the information contained in those assessments and plans) from unauthorized disclosure.

(ii) Requirements.--The protocols developed under clause

(i) shall ensure that--

(I) each copy of an assessment or plan, and all information contained in or derived from the assessment or plan, is maintained in a secure location;

(II) except as provided in subparagraph (C), only individuals designated by the Administrator may have access to the copies of the assessments and plans; and

(III) no copy of an assessment or plan or any portion of an assessment or plan, and no information contained in or derived from an assessment or plan, shall be available to any person other than an individual designated by the Administrator.

(iii) Deadline.--As soon as practicable, but not later than 1 year after the date of enactment of this Act, the Administrator shall complete the development of protocols under clause (i).

(C) Federal officers and employees.--An individual referred to in subparagraph (B)(ii) who is an officer or employee of the United States may discuss with a State or local official the contents of an assessment or plan described in that subparagraph.

SEC. 245. ENFORCEMENT.

(a) Review of Plans.--

(1) In general.--The Administrator, in consultation with the Secretary, shall review each assessment and plan submitted under section 244(b) to determine the compliance of the chemical source covered by the assessment or plan with regulations promulgated under paragraphs (1) and (3) of section 244(a).

(2) Certification of compliance.--

(A) In general.--The Administrator shall certify in writing each determination of the Administrator under paragraph (1).

(B) Inclusions.--A certification of the Administrator shall include a checklist indicating consideration by a chemical source of the use of 4 elements of safer design and maintenance described in subparagraphs (A) through (D) of section 243(6).

(i) In general.--The Administrator, in consultation with the head of the Office, shall--

(I) before the date of publication of proposed regulations under section 244(a)(3), review each assessment or plan submitted to the Administrator under section 244(b); and

(II) before the date of promulgation of final regulations under section 244(a)(3), determine whether each such assessment or plan meets the consultation, planning, and assessment requirements applicable to high priority categories under section 244(a)(3).

(ii) Affirmative determination.--If the Administrator, in consultation with the head of the Office, makes an affirmative determination under clause (i)(II), the Administrator shall certify compliance of an assessment or plan described in that clause without requiring any revision of the assessment or plan.

(D) Schedule for review and certification.--

(i) In general.--The Administrator, after taking into consideration the factors described in section 244(a)(2), shall establish a schedule for the review and certification of assessments and plans submitted under section 244(b).

(ii) Deadline for completion.--Not later than 3 years after the deadlines for the submission of assessments and plans under paragraph (1) or (2), respectively, of section 244(b), the Administrator shall complete the review and certification of all assessments and plans submitted under those sections.

(b) Compliance Assistance.--

(1) Definition of determination.--In this subsection, the term ``determination'' means a determination by the Administrator that, with respect to an assessment or plan described in section 244(b)--

(A) the assessment or plan does not comply with regulations promulgated under paragraphs (1) and (3) of section 244(a); or

(B)(i) a threat exists beyond the scope of the submitted plan; or

(ii) current implementation of the plan is insufficient to address--

(I) the results of an assessment of a source; or

(II) a threat described in clause (i).

(2) Determination by administrator.--If the Administrator, after consultation with the Secretary, makes a determination, the Administrator shall--

(A) notify the chemical source of the determination; and

(B) provide such advice and technical assistance, in coordination with the Secretary and the United States Chemical Safety and Hazard Investigation Board, as is appropriate--

(i) to bring the assessment or plan of a chemical source described in section 244(b) into compliance; or

(ii) to address any threat described in clause (i) or (ii) of paragraph (1)(B).

(1) In general.--If, after the date that is 30 days after the later of the date on which the Administrator first provides assistance, or a chemical source receives notice, under subsection (b)(2)(B), a chemical source has not brought an assessment or plan for which the assistance is provided into compliance with regulations promulgated under paragraphs

(1) and (3) of section 244(a), or the chemical source has not complied with an entry or information request under section 246, the Administrator may issue an order directing compliance by the chemical source.

(2) Notice and opportunity for hearing.--An order under paragraph (1) may be issued only after notice and opportunity for a hearing.

(d) Abatement Action.--

(1) In general.--Notwithstanding a certification under section 245(a)(2), if the Secretary, in consultation with local law enforcement officials and first responders, determines that a threat of a terrorist attack exists that is beyond the scope of a submitted prevention, preparedness, and response plan of 1 or more chemical sources, or current implementation of the plan is insufficient to address the results of an assessment of a source or a threat described in subsection (b)(1)(B)(i), the Secretary shall notify each chemical source of the elevated threat.

(2) Insufficient response.--If the Secretary determines that a chemical source has not taken appropriate action in response to a notification under paragraph (1), the Secretary shall notify the chemical source, the Administrator, and the Attorney General that actions taken by the chemical source in response to the notification are insufficient.

(3) Relief.--

(A) In general.--On receipt of a notification under paragraph (2), the Administrator or the Attorney General may secure such relief as is necessary to abate a threat described in paragraph (1), including such orders as are necessary to protect public health or welfare.

(B) Jurisdiction.--The district court of the United States for the district in which a threat described in paragraph (1) occurs shall have jurisdiction to grant such relief as the Administrator or Attorney General requests under subparagraph

(A).

SEC. 246. RECORDKEEPING AND ENTRY.

(a) Records Maintenance.--A chemical source that is required to certify to the Administrator assessments and plans under section 244 shall maintain on the premises of the chemical source a current copy of those assessments and plans.

(b) Right of Entry.--In carrying out this subtitle, the Administrator (or an authorized representative of the Administrator), on presentation of credentials--

(1) shall have a right of entry to, on, or through any premises of an owner or operator of a chemical source described in subsection (a) or any premises in which any records required to be maintained under subsection (a) are located; and

(2) may at reasonable times have access to, and may copy, any records, reports, or other information described in subsection (a).

(c) Information Requests.--In carrying out this subtitle, the Administrator may require any chemical source to provide such information as is necessary to--

(1) enforce this subtitle; and

(2) promulgate or enforce regulations under this subtitle.

SEC. 247. PENALTIES.

(a) Civil Penalties.--Any owner or operator of a chemical source that violates, or fails to comply with, any order issued may, in an action brought in United States district court, be subject to a civil penalty of not more than $25,000 for each day in which such violation occurs or such failure to comply continues.

(b) Criminal Penalties.--Any owner or operator of a chemical source that knowingly violates, or fails to comply with, any order issued shall--

(1) in the case of a first violation or failure to comply, be fined not less than $2,500 nor more than $25,000 per day of violation, imprisoned not more than 1 year, or both; and

(2) in the case of a subsequent violation or failure to comply, be fined not more than $50,000 per day of violation, imprisoned not more than 2 years, or both.

(1) Penalty orders.--If the amount of a civil penalty determined under subsection (a) does not exceed $125,000, the penalty may be assessed in an order issued by the Administrator.

(2) Notice and hearing.--Before issuing an order described in paragraph (1), the Administrator shall provide to the person against which the penalty is to be assessed--

(A) written notice of the proposed order; and

(B) the opportunity to request, not later than 30 days after the date on which the notice is received by the person, a hearing on the proposed order.

SEC. 248. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

Nothing in this subtitle affects any duty or other requirement imposed under any other Federal or State law. SEC. 249. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

______

SA 4927. Mr. SCHUMER submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 86, strike lines 18 through 23, and insert the following:

(B) advance the development, testing and evaluation, and deployment of critical homeland security technologies;

(D) to support the development of--

(i) methods to increase the ability of the Customs Service to inspect, or target for inspection, merchandise carried on any vessel that will arrive or has arrived at any port or place in the United States;

(ii) equipment to accurately detect explosives, or chemical and biological agents that could be used to commit terrorist acts against the United States;

(iii) equipment to accurately detect nuclear materials, including scintillation-based detection equipment capable of attachment to spreaders to signal the presence of nuclear materials during the unloading of containers;

(iv) improved tags and seals designed for use on shipping containers to track the transportation of the merchandise in such containers, including ``smart sensors'' that are able to track a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, and transmit such information to the appropriate authorities at a remote location;

(v) tools to mitigate the consequences of a terrorist act at a port of the United States, including a network of sensors to predict the dispersion of radiological, chemical, or biological agents that might be intentionally or accidentally released; and

(vi) applications to apply existing technologies from other industries to increase overall port security.

______

SA 4928. Mr. LEVIN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 246, line 21, strike ``and'' and insert ``or''.

On page 246, line 24, strike ``and'' and insert ``or''.

______

SA 4929. Mr. REID submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 208, insert between lines 7 and 8 the following:

SEC. 510. JOINT SPONSORSHIP ARRANGEMENTS.

The Secretary may enter into joint sponsorship arrangements under section 309(b) for sites used for emergency preparedness and response training.

______

SA 4930. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 248, line 1, between ``59,'' and ``72,'' add

``71,''.

______

SA 4931. Mr. LIEBERMAN submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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:

In the amendment strike from page 248 through page 260 and insert the following:

(b) Table of Contents.--The table of contents for this Act is as follows:

``(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and this chapter.

``(d) Limitations Relating to Pay.--Nothing in this section shall constitute authority--

``(1) to modify the pay of any employee who serves in--

``(A) an Executive Schedule position under subchapter II of chapter 53 of title 5, United States Code; or

``(B) a position for which the rate of basic pay is fixed in statute by reference to a section or level under subchapter II of chapter 53 of such title 5;

``(2) to fix pay for any employee or position at an annual rate greater than the maximum amount of cash compensation allowable under section 5307 of such title 5 in a year; or

``(3) to exempt any employee from the application of such section 5307.

``(e) Provisions to Ensure Collaboration With Employee Representatives.--

``(1) In general.--In order to ensure that the authority of this section is exercised in collaboration with, and in a manner that ensures the participation of employee representatives in the planning, development, and implementation of any human resources management system or adjustments to such system under this section, the Secretary of Homeland Security and the Director of the Office of Personnel Management shall provide for the following:

``(A) Notice of proposal.--The Secretary and the Director shall, with respect to any proposed system or adjustment--

``(ii) give each representative 30 calendar days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposal; and

``(iii) give any recommendations received from any such representatives under clause (ii) full and fair consideration in deciding whether or how to proceed with the proposal.

``(B) Pre-implementation congressional notification, consultation, and mediation.--Following receipt of recommendations, if any, from employee representatives with respect to a proposal described in subparagraph (A), the Secretary and the Director shall accept such modifications to the proposal in response to the recommendations as they determine advisable and shall, with respect to any parts of the proposal as to which they have not accepted the recommendations--

``(i) notify Congress of those parts of the proposal, together with the recommendations of employee representatives;

``(ii) meet and confer for not less than 30 calendar days with any representatives who have made recommendations, in order to attempt to reach agreement on whether or how to proceed with those parts of the proposal; and

``(iii) at the Secretary's option, or if requested by a majority of the employee representatives who have made recommendations, use the services of the Federal Mediation and Conciliation Service during such meet and confer period to facilitate the process of attempting to reach agreement.

``(C) Implementation.--

``(i) Any part of the proposal as to which the representatives do not make a recommendation, or as to which their recommendations are accepted by the Secretary and the Director, may be implemented immediately.

``(ii) With respect to any parts of the proposal as to which recommendations have been made but not accepted by the Secretary and the Director, at any time after 30 calendar days have elapsed since the initiation of the congressional notification, consultation, and mediation procedures set forth in subparagraph (B), if the Secretary determines, in the Secretary's sole and unreviewable discretion, that further consultation and mediation is unlikely to produce agreement, the Secretary may implement any or all of such parts, including any modifications made in response to the recommendations as the Secretary determines advisable.

``(iii) The Secretary shall promptly notify Congress of the implementation of any part of the proposal and shall furnish with such notice an explanation of the proposal, any changes made to the proposal as a result of recommendations from employee representatives, and of the reasons why implementation is appropriate under this subparagraph.

``(D) Continuing collaboration.--If a proposal described in subparagraph (A) is implemented, the Secretary and the Director shall--

``(i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and

``(ii) give each employee representative adequate access to information to make that participation productive.

``(2) Procedures.--Any procedures necessary to carry out this subsection shall be established by the Secretary and the Director jointly as internal rules of departmental procedure which shall not be subject to review. Such procedures shall include measures to ensure--

``(C) the fair and expeditious handling of the consultation and mediation process described in subparagraph (B) of paragraph (1), including procedures by which, if the number of employee representatives providing recommendations exceeds 5, such representatives select a committee or other unified representative with which the Secretary and Director may meet and confer; and

``(D) the selection of representatives in a manner consistent with the relative number of employees represented by the organizations or other representatives involved.

``(f) Provisions Relating to Appellate Procedures.--

(1) Sense of congress.--It is the sense of Congress that--

``(A) employees of the Department are entitled to fair treatment in any appeals that they bring in decisions relating to their employment; and

``(B) in prescribing regulations for any such appeals procedures, the Secretary and the Director of the Office of Personnel Management--

``(i) should ensure that employees of the Department are afforded the protections of due process; and

``(ii) toward that end, should be required to consult with the Merit Systems Protection Board before issuing any such regulations.

``(2) Requirements.--Any regulations under this section which relate to any matters within the purview of chapter 77--

``(A) shall be issued only after consultation with the Merit Systems Protection Board;

``(B) shall ensure the availability of procedures which shall--

``(i) be consistent with requirements of due process; and

``(ii) provide, to the maximum extent practicable, for the expeditious handling of any matters involving the Department; and

``(g) Provisions Relating to Labor-Management Relations.--Nothing in this section shall be construed as conferring authority on the Secretary of Homeland Security to modify any of the provisions of section 842 of the Homeland Security Act of 2002.

``(h) Sunset Provision.--Effective 5 years after the conclusion of the transition period defined under section 1501 of the Homeland Security Act of 2002, all authority to issue regulations under this section (including regulations which would modify, supersede, or terminate any regulations previously issued under this section) shall cease to be available.''.

(3) Technical and conforming amendment.--The table of chapters for part III of title 5, United States Code, is amended by adding at the end of the following:

``97. Department of Homeland Security.......................9701''.....

(b) Effect on Personnel.--

(except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Department.

______

SA 4932. Mr. BYRD submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 268, strike line 19 and all that follows through page 280, line 5.

______

SA 4933. Mr. BYRD submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 302, strike line 21 and all that follows through page 303, line 19.

______

SA 4934. Mr. BYRD submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 60, line 8, strike all through ``(5 U.S.C. 2 App.))'' on line 9.

______

SA 4935. Mr. BYRD submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 280, beginning on line 11, strike ``An advisory committee established under this section'' and all that follows through line 24.

______

SA 4936. Mr. SPECTER submitted an amendment intended to be proposed to amendment SA 4901 proposed by Mr. Thompson (for Mr. Gramm (for himself, Mr. Miller, Mr. Thompson, Mr. Barkley, and Mr. Voinovich)) 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 244, strike line 19 and all that follows through page 260, line 23, and insert the following: