Homeland Security Technology Improvement Act of 2004

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 22, 2003, at 10 a.m. to conduct a hearing on ``Counterterror Initiatives in the Terror Finance Program.''

Mr. President: I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, October 22, 2003, at 9:30 am on the Federal Involvement in the Regulation of the Insurance Industry.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, October 22, 2003 at 2:30 p.m. to hold a hearing Anti-Semitism In Europe.

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Wednesday, October 22, 2003 at 10:30 a.m. to hold a business meeting to consider pending Committed business.

Agenda

Legislation

1. S. 129, Federal Workforce Flexibility Act of 2003.

2. S. 1741, National Women's History Museum Act of 2003.

3. S. 1267, District of Columbia Budget Autonomy Act of

2003.

4. S. 1522, GAO Human Capital Reform Act of 2003.

5. S. 1561, a bill to preserve existing judgeships on the

Superior Court of the District of Columbia.

6. S. 1567, Department of Homeland Security Financial

Accountability Act.

7. S. 1612, Homeland Security Technology Improvement Act of

2003.

8. S. 1683, Federal Law Enforcement Pay and Benefits Parity

Act of 2003.

9. H.R. 1416, Homeland Security Technical Corrections Act

of 2003.

10. H.R. 3159, Government Network Security Act of 2003.

post office naming bills

1. S. 1405, a bill to designate the facility of the United

States Postal Service, located at 514 17th Street in Moline,

Illinois, as the ``David Bybee Post Office Building.''

2. S. 1415, a bill to designate the facility of the United

States Postal Service, located at 141 Weston Street in

Hartford, Connecticut, as the ``Barbara B. Kennelly Post

Office Building.''

3. S. 1590, a bill to designate the facility of the United

States Postal Service, located at 315 Empire Boulevard in

Crown Heights, Brooklyn, New York, as the ``James E. Davis

Post Office Building.''

4. S. 1659, a bill to designate the facility of the United

States Postal Service, located at 57 Old Tappan Road in

Tappan, New York, as the ``John G. Dow Post Office

Building.''

5. S. 1671, a bill to designate the facility of the United

States Postal Service, located at 10701 Abercorn Street in

Savannah, Georgia, as the ``J.C. Lewis, Jr., Post Office

Building.''

6. S. 1692, a bill to designate the facility of the United

States Postal Service, located at 38 Spring Street in Nashua,

New Hampshire, as the ``Hugh Gregg Post Office Building.''

7. S. 1718, a bill to designate the facility of the United

States Postal Service, located at 3710 West 73rd Terrace in

Prairie Village, Kansas, as the ``Senator James B. Pearson

Post Office Building.''

8. S. 1746, a bill to designate the facility of the United

States Postal Service, located at 339 Hicksville Road in

Bethpage, New York, as the ``Brian C. Hickey Post Office

Building.''

9. H.R. 1610, to redesignate the facility of the United

States Postal Service, located at 120 East Ritchie Avenue in

Marceline, Missouri, as the ``Walt Disney Office Building.''

10. H.R. 1882, to designate the facility of the United

States Postal Service, located at 440 South Orange Blossom

Trail, in Orlando, Florida, as the ``Arthur `Pappy' Kennedy

Post Office Building.''

11. H.R. 1883, to designate the facility of the United

States Postal Service, located at 1601-1 Main Street in

Jacksonville, Florida, as the ``Eddie Mae Steward Post Office

Building.''

12. H.R. 2075, to designate the facility of the United

States Postal Service, located at 1905 West Blue Heron

Boulevard in West Palm Beach, Florida, as the ``Judge Edward

Rodgers Post Office Building.''

13. H.R. 2254, to designate the facility of the United

States Postal Service, located at 1101 Colorado Street in

Boulder City, Nevada, as the ``Bruce Woodbury Post Office

Building.''

14. H.R. 2309, to designate the facility of the United

States Postal Service, located at 2300 Redondo Avenue in

Signal Hill, California, as the ``J. Stephen Horn Post Office

Building.''

15. H.R. 2328, to designate the facility of the United

States Postal Service, located at 2001 East Willard Street in

Philadelphia, Pennsylvania, as the ``Robert A. Borski Post

Office Building.''

16. H.R. 2396, to designate the facility of the United

States Postal Service, located at 1210 Highland Avenue in

Duarte, California, as the ``Francisco A. Martinez Flores

Post Office Building.''

17. H.R. 2452, to designate the facility of the United

States Postal Service, located at 339 Hicksville Road in

Bethpage, New York, as the ``Brian C. Hickey Post Office

Building.''

18. H.R. 2533, to designate the facility of the United

States Postal Service, located at 10701 Abercorn Street in

Savannah, Georgia, as the ``J.C. Lewis, Jr., Post Office

Building.''

19. H.R. 2746, to designate the facility of the United

States Postal Service, located at 141 Weston Street in

Hartford, Connecticut, as the ``Barbara B. Kennelly Post

Office Building.''

20. H.R. 3011, to designate the facility of the United

States Postal Service, located at 135 East Olive Avenue in

Burbank, California, as the ``Bob Hope Post Office

Building.''

Nominations

1. Jerry S. Byrd to be an Associate Judge of the Superior

Court of the District of Columbia (Family Court).

2. Joseph Michael Ryan to be an Associate Judge of the

Superior Court of the District of Columbia (Family Court).

3. Dale Cabaniss to be Chairman, Federal Labor Relations

Authority.

4. Brian F. Holeman to be an Associate Judge of the

Superior Court of the District of Columbia.

5. Craig S. Iscoe to be an Associate Judge of the Superior

Court of the District of Columbia.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on Wednesday, October 22, 2003, at 10 a.m., on ``Judicial Nominations,'' in the Hart Senate Office Building room 216.

Witness List:

Panel I: Senators.

Panel II: Janice R. Brown to be United States Circuit Judge for the District of Columbia Circuit.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on Wednesday, October 22, 2003 at 2:30 p.m. to hold a closed hearing.

Mr. President: I ask unanimous consent that the Subcommittee on Oceans, Fisheries, and Coast Guard be authorized to meet on Wednesday, October 22, 2003, at 9:30 a.m., on Fisheries Oversight to be held in SR-428A.

Mr. President, I rise today to reflect on the terrorist attacks of 2 years ago, and to remember those who lost their lives or their loved ones on that tragic day. We also pause to honor the heroes who came to the rescue that day: our firefighters, police officers, and emergency workers.

Two years ago, a brilliant late-summer Tuesday morning turned without warning into a horror of fire, smoke and chaos. Just another workday suddenly became a day of unimaginable loss, courage and sacrifice. What happened in New York City, Washington and Pennsylvania 2 years ago ensured that September 11 would be forever a solemn anniversary we will observe with reverence and reflection. It is a date we will keep in our places of worship, in our streets and public parks, certainly in our hearts.

This second anniversary also is an appropriate time for assessment. While the terrorist attacks told us much about the strength of our people, they also revealed many weaknesses--in planning, cohesiveness and cooperation--in our government. The question we in government must answer today is whether our planning is more comprehensive, preparedness more effective, and the interactions among the various agencies of government more cohesive and cooperative.

Since September 11, 2001, the Federal Government has worked to forge a new relationship with State and local governments. During the past 2 years, Congress has provided $11 billion to States and localities to help equip and train their police, fire, and emergency personnel. Federal experts have trained more than 450,000 State and local first responders and conducted nearly 450 training exercises throughout the country. These efforts have better equipped our communities and first responders to respond to a terrorist attack.

But we must do more to help first responders become first preventers--to help them apprehend terrorists and thwart attacks before they happen. Our communities requires more than decontamination equipment to treat those affected by a dirty bomb--we need to give our law enforcement agencies innovative monitoring technologies to thwart terrorists before they strike.

As the Portland Press Herald reported just last week, ``While [Maine] is better equipped to respond to a chemical strike or ``dirty'' radioactive bomb, little has been spent to prevent such an attack.'' The legislation I am introducing today is aimed squarely at prevention.

The Homeland Security Act established a framework to research and develop new advanced counter-terrorism technologies. The Homeland Security Appropriations bill passed by the Senate just a few months ago will provide the millions needed to fund this effort. Many other agencies, both within and outside the Department of Homeland Security, are developing technologies that could be used to prevent future terrorist attacks.

I am pleased to introduce legislation with my colleague from Arkansas, Senator Pryor, which would help the Department quickly identify and transfer cutting edge counter-terrorism technologies and equipment to the front lines. Under our legislation, the Director of the Office for Domestic Preparedness, working with State and local law enforcement officials, the Science and Technology Directorate, and other Federal agencies will identify counter-terrorism technologies with the potential to significantly assist the law enforcement community.

Once these technologies have been identified, State and local law enforcement agencies can apply to receive these technologies and equipment directly from the Department of Homeland Security. For example, those law enforcement agencies protecting borders, cargo ports, and other freight transportation links will be able to secure advanced detection and monitoring equipment that may not be purchased using other Office for Domestic Preparedness funds. This program, then, will fill in the technology gaps between traditional homeland security assistance programs.

This is not another open-ended grant program. Rather, the counter- terrorism technologies and equipment themselves will be available from a catalog of items proven to work. Transferring the technology, instead of providing a monetary grant, will enable ODP to provide the appropriate training to law enforcement officials.

Our legislation is modeled after a program that works--the successful Technology Transfer Program within the Counterdrug Technology Assessment Center. Since 1998, this program has provided nearly five thousand pieces of equipment to roughly twenty percent of the Nation's State and local law enforcement agencies. It has also operated efficiently: administrative costs run less than 10 percent of the total funding per year.

I commend Secretary Ridge for his outstanding efforts on the monumental challenge of incorporating nearly two-dozen agencies into the new Department of Homeland Security. But just as it is our first responders who are on the front lines when terrorism strikes, it is our law enforcement community, our ``first preventers,'' who can best thwart terrorism before it occurs. We must build on Secretary Ridge's efforts by helping to ensure that our state and local law enforcement agencies have the equipment and training they need.

I am pleased to have the support from police chiefs and sheriffs across America. In fact, the National Sheriffs' Association, the International Association of Chiefs of Police, and the Major City Policy Chiefs have already voiced their support for this legislation.

A few weeks ago, the Port Authority of New York and New Jersey released transcripts of the 911 tapes from that awful day, more than 1,800 tragic pages that tell an inspiring story of everyday people responding as extraordinary heroes. We in government must not forget that story as we proceed with the difficult task we have undertaken, one that may never be finished but that must progress. Let every September 11, then, be both a day of remembrance and a day when we commit ourselves to better protect the citizens of this great Nation.

Mr. President, I rise today to reflect on the terrorist attacks of 2 years ago, and to remember those who lost their lives or their loved ones on that tragic day. We also pause to honor the heroes who came to the rescue that day: our firefighters, police officers, and emergency workers.

Two years ago, a brilliant late-summer Tuesday morning turned without warning into a horror of fire, smoke and chaos. Just another workday suddenly became a day of unimaginable loss, courage and sacrifice. What happened in New York City, Washington and Pennsylvania 2 years ago ensured that September 11 would be forever a solemn anniversary we will observe with reverence and reflection. It is a date we will keep in our places of worship, in our streets and public parks, certainly in our hearts.

This second anniversary also is an appropriate time for assessment. While the terrorist attacks told us much about the strength of our people, they also revealed many weaknesses--in planning, cohesiveness and cooperation--in our government. The question we in government must answer today is whether our planning is more comprehensive, preparedness more effective, and the interactions among the various agencies of government more cohesive and cooperative.

Since September 11, 2001, the Federal Government has worked to forge a new relationship with State and local governments. During the past 2 years, Congress has provided $11 billion to States and localities to help equip and train their police, fire, and emergency personnel. Federal experts have trained more than 450,000 State and local first responders and conducted nearly 450 training exercises throughout the country. These efforts have better equipped our communities and first responders to respond to a terrorist attack.

But we must do more to help first responders become first preventers--to help them apprehend terrorists and thwart attacks before they happen. Our communities requires more than decontamination equipment to treat those affected by a dirty bomb--we need to give our law enforcement agencies innovative monitoring technologies to thwart terrorists before they strike.

As the Portland Press Herald reported just last week, ``While [Maine] is better equipped to respond to a chemical strike or ``dirty'' radioactive bomb, little has been spent to prevent such an attack.'' The legislation I am introducing today is aimed squarely at prevention.

The Homeland Security Act established a framework to research and develop new advanced counter-terrorism technologies. The Homeland Security Appropriations bill passed by the Senate just a few months ago will provide the millions needed to fund this effort. Many other agencies, both within and outside the Department of Homeland Security, are developing technologies that could be used to prevent future terrorist attacks.

I am pleased to introduce legislation with my colleague from Arkansas, Senator Pryor, which would help the Department quickly identify and transfer cutting edge counter-terrorism technologies and equipment to the front lines. Under our legislation, the Director of the Office for Domestic Preparedness, working with State and local law enforcement officials, the Science and Technology Directorate, and other Federal agencies will identify counter-terrorism technologies with the potential to significantly assist the law enforcement community.

Once these technologies have been identified, State and local law enforcement agencies can apply to receive these technologies and equipment directly from the Department of Homeland Security. For example, those law enforcement agencies protecting borders, cargo ports, and other freight transportation links will be able to secure advanced detection and monitoring equipment that may not be purchased using other Office for Domestic Preparedness funds. This program, then, will fill in the technology gaps between traditional homeland security assistance programs.

This is not another open-ended grant program. Rather, the counter- terrorism technologies and equipment themselves will be available from a catalog of items proven to work. Transferring the technology, instead of providing a monetary grant, will enable ODP to provide the appropriate training to law enforcement officials.

Our legislation is modeled after a program that works--the successful Technology Transfer Program within the Counterdrug Technology Assessment Center. Since 1998, this program has provided nearly five thousand pieces of equipment to roughly twenty percent of the Nation's State and local law enforcement agencies. It has also operated efficiently: administrative costs run less than 10 percent of the total funding per year.

I commend Secretary Ridge for his outstanding efforts on the monumental challenge of incorporating nearly two-dozen agencies into the new Department of Homeland Security. But just as it is our first responders who are on the front lines when terrorism strikes, it is our law enforcement community, our ``first preventers,'' who can best thwart terrorism before it occurs. We must build on Secretary Ridge's efforts by helping to ensure that our state and local law enforcement agencies have the equipment and training they need.

I am pleased to have the support from police chiefs and sheriffs across America. In fact, the National Sheriffs' Association, the International Association of Chiefs of Police, and the Major City Policy Chiefs have already voiced their support for this legislation.

A few weeks ago, the Port Authority of New York and New Jersey released transcripts of the 911 tapes from that awful day, more than 1,800 tragic pages that tell an inspiring story of everyday people responding as extraordinary heroes. We in government must not forget that story as we proceed with the difficult task we have undertaken, one that may never be finished but that must progress. Let every September 11, then, be both a day of remembrance and a day when we commit ourselves to better protect the citizens of this great Nation.

Mr. President, I sought recognition to introduce legislation to create a commission on overtime pay.

Yesterday, the Senate passed an amendment to preclude Federal funding for the regulation issued by the Department of Labor on overtime pay, and it is uncertain what will happen as the bill goes to conference. There has been a representation that the President will veto the appropriations bill on Labor, Health and Human Services, and Education if this regulation is not in the bill.

It seems to me we ought to be taking another step, and that is to create a commission to deal with this issue so we are prepared in any eventuality. There is no doubt that the 1945 regulations on the Fair Labor Standards Act, that those regulations are vastly out of date and they ought to be revised. There are many lawsuits, some class actions, to determine what the definitions are for those who are or who are not covered by overtime pay that ought to be clarified. Clarification can be achieved without having the massive disruption on the change on overtime pay for so many in the workforce.

A change in the overtime pay for those in the workforce would be especially problematic given the economic situation at hand, that it is a difficult time and there ought not to be that kind of disruption which would be occasioned by this bill, by the regulations going into effect.

Even though the Department of Labor's propose legislation stated that the Department could not exactly clarify which workers would be exempt or not exempt based on the current and the proposed rules, the commission which I am proposing would have representatives from business, the public sector, the labor groups, with widespread approval from congressional leaders, and is a preferable course so we can achieve both objectives; that is, to have clarification on the outdated regulations to avoid the litigation and know who is exempt and who is not exempt while doing it without massive disruption of the overtime pay at a very difficult time for the workers.

To reiterate, today I am introducing legislation to establish a commission to conduct a thorough study of issues relating to modernization of the Fair Labor Standards Act overtime provisions. These provisions have remained substantially unchanged since 1975, despite changes in the modern work place.

On March 31, 2003, the Labor Department issued proposed regulations to update the exemptions from overtime pay for executive, administrative, professional, outside sales and computer employees. More than 70,000 comments were received by the June 30, 2003 deadline. Due to the controversy generated by the proposed regulations, I held a hearing on July 31, 2003 to explore this

complex question. We heard testimony from the Labor Department, as well as organized labor and business representatives. It was evident that while there was general agreement that greater clarity of definitions concerning overtime pay eligibility would be beneficial to both employees and workers there was disagreement about the impact of the proposed regulations, and no consensus about how to achieve greater clarity and compliance to avoid costly lawsuits. Even the Labor Department's proposed regulations stated that the Department could not exactly clarify which workers are exempt and nonexempt based on the current and proposed rules.

The commission I am proposing will bring together experts to study these ambiguities and other issues deemed appropriate, and report to the Secretary of Labor and Congress by July 30, 2004. The legislation also specifies that the proposed overtime regulation will not become effective until 60 days after the date the commission report is submitted.

The commission will be composed of 11 members representing organized labor, the business community, the general public and Federal officials. The commission members will be appointed on a bipartisan, bicameral basis and shall be appointed by the Secretary of Labor, and the House and Senate appropriations and authorizing committees.

The primary duties of the commission will be to conduct a thorough study of, and develop recommendations on, issues relating to the modernization of the overtime provisions of the Fair Labor Standards Act of 1938.

Specifically the commission will:

(1) Review categories and numbers of workers not eligible for overtime pay under current regulations and identify how many workers and employers might be affected by proposed changes to the current regulation;

(2) Determine if the proposed regulation relating to overtime is sufficiently clear to be easily understood by employers and workers;

(3) Assess the paperwork burden that employers would have in order to assure that each individual worker, claimed to be exempt from such overtime requirements, actually is exempt under such regulation;

(4) Assess the extent to which it will be clear to the individual worker as to his or her overtime pay protection under the proposed regulation; and

(5) Determine the impact of the regulation on nurses, pharmacists, and police, firefighters and paramedics.

Given the extreme controversy over the proposed overtime regulation, I believe that the legislation that I am proposing will provide an opportunity for all sides to air the concerns and work with the Secretary of Labor to craft a regulation that will benefit employers, employees and the general public.

I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I will restate what you just heard. We will resume consideration of S. 1072, the highway bill on Monday. It has been a challenging week in lots of different ways. We have had this incident in my personal office and a lot went on here on the floor, with progress.

I know the ranking member and the managers of this bill have been frustrated in that we have not made as much progress as they would have liked. They would like to have this bill signed, sealed, delivered, and done. We did have good debate on the highway bill. Important points have been made throughout the week. We have the foundation to complete action on this bill next week. You just heard that we will be working through the afternoon. There will be people working tonight and people will be working tomorrow, as you have just heard, on Saturday and Sunday, in preparation for coming back in at 1 o'clock on Monday.

We have a lot to cover next week on this bill. It is an important bill. I argue that it is a vital bill to support the infrastructure we are all so dependent upon each and every day in our activities, whether it is during the weekends, or going to school or work, or as part of our business. We have an obligation to continue to address it and to complete this next week.

Since we are closing down for the week, it has been only 5 days since this letter with this toxic substance was directed at this institution. As I have said before, I have been very pleased with the response in terms of the coordination, the communication. It is not perfect; it can be better; but I assure people we will take each incident and do our very best to communicate as well as we can, review procedures, and review systems, and we are doing just that.

I just finished a conference call for 30 minutes with the 40 employee staff members affected most directly from my office and from the EPW office and Senators Jeffords' and Inhofe's office, answering questions. There are a lot of unanswered questions. We will answer those and meet with them and come up with different and better procedures as we go forward.

The fact that the chairman could say the Hart Building is open tomorrow is music to my ears. We were able to open it ahead of schedule. The Russell Building got opened and the Dirksen Building, which is still closed, will be opened Monday morning. It is right on schedule.

I thank everybody for coming together and working through a broad range of both national agencies and agencies here on the Hill. First and foremost is the safety of our Senate employees, and we responded in such a way that I am happy to say nobody has been hurt. Everybody is OK, in spite of the fact we had this assault.

Also during this week, in Chairman Gregg's HELP Committee, we passed S. 1879, an extension of the mammography quality provision. In Chairman Collins' committee, we worked on S. 1612, which established a technology equipment and information transfer program with the Department of Homeland Security. We passed that this week. The Senate confirmed a U.S. district judge this week for the Northern District of Illinois. We will be back in Monday. The chairman encourages members to have amendments and contact him. His staff will be working through the weekend.

As the assistant Democratic leader mentioned, we will not be voting on Monday, but we will be working. I will consult with Senator Inhofe and the Democratic leadership as we go forward. I hope we will be prepared for a vote early Tuesday morning. We will keep people posted in that regard.

I did mention this earlier. Do you know what your blood pressure is? Fifty million people have hypertension, which causes stroke and heart attacks. A third of the people don't know they have it. If you know you have it, we have ways to treat it these days. The Medicare bill we passed means you can diagnose it because, for the first, in an entry level physical exam which is part of Medicare, you are going to be able to have hypertension treated. If you don't know what your blood pressure is, go home tonight and think about that and have it checked.

Yes. People don't know they have it. Probably about a fourth of the people listening to me have hypertension, and a third don't know it, and they will die prematurely. It is pretty interesting.

It is silent. You don't feel it until you have a stroke or heart attack. There are ways to prevent it. It is the silent killer. That is what the American Heart Association says. February is heart month, and right now

the First Lady has a real initiative for women's heart disease. More women die of heart disease than men. I bet you didn't know that. A lot of people think it is more men.